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HomeMy WebLinkAboutCC 2008-10-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 23, 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 October 23, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS City of Miami Page 2 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 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 23rd day of October 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 9:11 a.m., recessed at 11: 57 a.m., reconvened at 2: 09 p.m., and adjourned at 4: 05 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9:13 a.m. Commissioner Gonzalez entered the Commission chambers at 9: 21 a.m. Vice Chair Spence -Jones entered the Commission chambers at 2:10 p.m. Commissioner Sarnoff entered the Commission chambers at 2:11 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk Chair Sanchez: We'll go ahead and do the invocation and the pledge of allegiance. I'll go ahead and do the invocation, and I'll ask Commissioner Sarnoff to do the pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-01229 CEREMONIAL ITEM MAYORAL VETOES Honoree Presenter Protocol Item Housing and Economic Commissioner Certificates of Development Expo Spence -Jones Appreciation Planning Committee PR-Protocol.pdf PRESENTED 1. Vice Chair Spence -Jones presented a Certificate of Honor to Sanya Richards to honor her countless hours of training and commitment to physical excellence and team spirit, resulting in her historic victory as a 2008 Olympic Gold Medalist. Chair Sanchez: And what we'll do is we'll go back to the protocol list. Andl believe, Vice Chair Spence -Jones, you're recognized for the record for the presentation. Presentation made. NO MAYORAL VETOES Chair Sanchez: All right. The first item on the agenda is the protocol list. I believe we have some presentations for housing and economic development. Who would --? Need two minutes? Okay. We'll get back to 'em [sic]. Have received a letter from the City Clerk where it states that there're no vetoed legislation presented by the Mayor at this time for the record. Pamela E. Burns (Assistant City Clerk): That is correct. City ofMiami Page 3 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: All right. That takes care of that item. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez ORDER OF THE DAY Chair Sanchez: And we move on. We need to approve a couple of minutes. We need to approve the following minutes, the Planning & Zoning Commission meeting of September 25, 208 [sic]. Commissioner Sarnoff. So move. Chair Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Sarnoff, second by Commissioner Regalado. No discussion on that item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Planning & Zoning Commission meeting of September 25 has been approved, 4/0. We go to the next minutes that we need to approve, and it's the second budget hearing of September 25, 208 [sic]. Need a motion. Commissioner Sarnoff. So move. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion and a second. The motion is made by Commissioner Sarnoff, second by Commissioner Regalado. 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." Madam Clerk, it has been approved, 4/0. For the record, Vice Chair Michelle Spence -Jones is present. We -- that takes care of approving the minutes. END OF APPROVING MINUTES Chair Sanchez: (INAUDIBLE) meeting is being called to order. The meeting was properly advertised. The Commissioners present today are -- well, hopefully, we'll have all the Commissioners present. I believe they're all here, but at this time, we have Commissioner Tomas Regalado, Commissioner Marc David Sarnoff, and myself Chair Joe Sanchez. Also on the dais, we have Pete Hernandez, the City Manager, Julie O. Bru, the City Attorney, and Pamela E. Burns, the Assistant City Clerk, that are present. The order of the day is the agenda that has City of Miami Page 4 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 been presented and properly advertised. Chair Sanchez: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Good morning, Mr. Chairman, members of the Commission, and the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. No cell phones, beepers, or other noise -making devices are permitted in the Commission chambers. Please silence those devices now. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Any person with a disability requiring auxiliary aids and services for this meeting may notifi, the City Clerk. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon. The meeting will end either at the conclusion of all deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. P&Z (Planning & Zoning) items, which are going to be heard today, will begin after 10 a.m. Chair Sanchez: All right, so at this time, whatl would ask is does any of the Commissioners or the Administration, do you have any items that you would like to either withdraw or continue? Mr. City Manager? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. The Administration has no changes to the agenda. Chair Sanchez: Okay. Commissioners? None. CONSENT AGENDA CA.1 08-01181 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF ONLINE LEGAL DATABASE SERVICES, CITYWIDE, FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NO. 991-150-09-1, EFFECTIVE UNTIL AUGUST 18, 2011, SUBJECT TO EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-01181 Legislation.pdf 08-01181 Summary Form.pdf 08-01181 Contract Name.pdf 08-01181 Price Sheet.pdf 08-01181 ITN.pdf 08-01181-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City of Miami Page 5 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 R-08-0604 CA.2 08-01182 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED AUGUST 11, 2008, PURSUANT TO INVITATION FOR BID NO. 90058, FROM EDWARD DON & COMPANY AND IDEAL SUPPLY INC., THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PURCHASE OF PAPER AND PLASTIC PRODUCTS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-01182 Legislation.pdf 08-01182 Summary Form.pdf 08-01182 Award Recommendation.pdf 08-01182 Award Sheet.pdf 08-01182 Bid Tabulation.pdf 08-01182 I FB. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0605 CA.3 08-01185 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A TEAM FOR LIFE SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE AND CITIZENS AND/OR BUSINESSES, TO ACQUIRE TEAM FOR LIFE PROGRAM MANAGEMENT AND RESPONSE SERVICES. 08-01185 Legislation.pdf 08-01185 Exhibit.pdf 08-01185 Exhibit 2.pdf 08-01185 Summary Form.pdf 08-01185 Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0606 CA.4 08-01208 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY JUSTIN LIPSON, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $48,400 IN FULL AND COMPLETE City of Miami Page 6 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF JUSTIN LIPSON VS. CITY OF MIAMI ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 07-22996-CIV-SEITZ, 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. 05002.301001.515000.0000.00000. 08-01208 Legislation.pdf 08-01208 Cover Memo.pdf 08-01208 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0607 CA.5 08-01210 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF GRANT FUNDING, IN AN AMOUNT NOT TO EXCEED $32,247, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND CRIMINAL JUSTICE PROGRAMS, FOR THE 2008-2009 VICTIMS OF CRIME ACT GRANT; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $8,062, IN THE FORM OF IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FOR A TOTAL GRANT ACCEPTANCE IN THE AMOUNT OF $40,309, FOR THE ENHANCEMENT OF THE QUALITY OF SERVICES TO CRIME VICTIMS; APPROPRIATING SAID FUNDS INTO SPECIAL REVENUE PROJECT ACCOUNT NO. 12000.191602.434000.0000.00000, FOR SAID PURPOSE; RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. 08-01210 Legislation.pdf 08-01210 Exhibit.pdf 08-01210 Exhibit 2.pdf 08-01210 Exhibit 3.pdf 08-01210 Exhibit 4.pdf 08-01210 Summary Form.pdf 08-01210-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 7 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0608 Adopted the Consent Agenda Motion by Commissioner Sarnoff, 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: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones END OF CONSENT AGENDA Chair Sanchez: All right. Then we'll go with the consent agenda. Let's go ahead and take up the consent agenda. The consent agenda, is there a motion to -- Commissioner Sarnoff. So move. Chair Sanchez: -- approve the consent agenda? Commissioner Regalado: Second. Chair Sanchez: Okay. There is a motion and a second. Hearing no discussion on the consent agenda -- Commissioner Gonzalez has just arrived, for the record. Commissioner, would you like to withdraw -- pull any consent agenda for discussion? Commissioner Gonzalez: No. Chair Sanchez: Okay. Hearing no discussion on the consent agenda, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The consent agenda has been approved. City of Miami Page 8 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 PH.1 08-01183 RESOLUTION Department of Public Works PUBLIC HEARING A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "STADIUM PLAT," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; 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. 08-01183 Legislation.pdf 08-01183 Exhibit 1.pdf 08-01183 Exhibit 2.pdf 08-01183 Exhibit 3.pdf 08-01183 Summary Form.pdf 08-01183 Memo.pdf 08-01183 Notice of Public Hearing.pdf 08-01183 Memo 2.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-08-0609 Chair Sanchez: And we move on to the public hearings. Before we do that, the PZ (Planning & Zoning) items will begin at 10 a.m. They were properly advertised for 10 a.m., and therefore, we have to wait till 10 a.m. to hear them because they require public hearings. So we move on with the agenda. Next item on the agenda is the public hearing, and we'll go to PH.1. Bill Anido: Good morning. Bill Anido, Assistant City Manager. PH.1 is a resolution accepting the proposed plat of the Orange Bowl Stadium, located between Northwest 3rd, Northwest 7th Streets and 14th and 16th Avenues. Essentially, the -- this is the formal approval of the plat, the vacation of the existing rights -of -way over which the stadium will be located. It was previously approved by the Commission. Chair Sanchez: All right. We are on RE. 1 [sic], which is a resolution being -- Commissioner Gonzalez: Move PH.1. Chair Sanchez: -- presented by the Department of Capital Improvement. Commissioner Sarnoff. Second. Chair Sanchez: Is there a motion? The motion -- Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chair. PH.1. City of Miami Page 9 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: Yes, PH.1. Didl say --? Ms. Burns: You said RE.1 -- Chair Sanchez: I am so sorry. Ms. Burns: -- but PH.1. Commissioner Gonzalez: I said move PH.1. Chair Sanchez: PH.1. Commissioner Sarnoff. Second. Chair Sanchez: PH.1, there's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Hearing no further discussion on this item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right -- well, it requires a public hearing. 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 for deliberation. Any further discussion on PH.1, which is a resolution? And it's being brought to us by Department of Public Works. I do apologize for that. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF PUBLIC HEARING City of Miami Page 10 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 RE.1 08-01184 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE TWO SEPARATE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH HNTB CORPORATION ("HNTB") AND URS CORPORATION ("URS"), THE HIGHEST -RANKED FIRMS PURSUANT TO REQUEST FOR PROPOSALS NO. 06-07-038, TO PROVIDE TRANSPORTATION PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN, FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN THE TOTAL AMOUNT NOT TO EXCEED $1,050,000, CONSISTING OF $850,000, FOR THE AGREEMENT WITH HNTB AND $200,000, FOR THE AGREEMENT WITH URS; ALLOCATING FUNDS, FROM VARIOUS CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS RESOLUTION. 08-01184 Legislation.pdf 08-01184 Exhibit.pdf 08-01184 Exhibit 2.pdf 08-01184 Exhibit 3.pdf 08-01184 Exhibit 4.pdf 08-01184 Exhibit 5.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-08-0610 Chair Sanchez: And we move on to RE.1. RE.1 is a resolution. Jose Gonzalez (Assistant Transportation Coordinator): Morning, Mr. Chair, Commissioners. Jose Gonzalez, with the Office of Transportation. RE.1 is a resolution authorizing the City Manager to award two separate agreements to HNTB (Howard, Needles, Tammen & Bergendoff Corporation and to URS (United Research Services) Southern Corporation to provide support services for the transportation program. The initial term of the contract is for a -- is for two years, with two optional one-year renewals. The total combined not -to -exceed amount of the contracts is for 1, 050, 000, to be funded through the City's portion of the half -cent transit surtax or PTP (People's Transportation Plan) dollars. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: Discussion. City of Miami Page 11 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: -- Commissioner Gonzalez, second by the Vice Chair for the purpose of discussion. The item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Sure. First of all, I want to commend the department for working really hard on pulling this legislation together. I also want to commend Commissioner Gonzalez, since you are going to be the first guinea pig of the circulator taking place in the health district, so I think this is going to be awesome. I think that it's wonderful that the City's looking to go in that direction of actually having some sort -- other form of transportation. I just wanted to make sure that put on the record, as I know that part of this agreement includes the ability to also look at other areas for possible circulators, correct? Mr. Gonzalez: Yes. Vice Chair Spence -Jones: Okay. So one of the things I wanted to look at -- the closest area I know at least to the health district would be the Overtown area, and there's currently a circulator that Miami -Dade County already does that connects to the overall subway --I mean, the overall system, transportation system. So I just want to make sure that that is also -- with the new center that's going up -- I believe we just went to a ground -breaking ceremony, Commissioner Gonzalez, yesterday for the University ofMiami, and they're putting a new life biopark there. Mr. Gonzalez: Right. Vice Chair Spence -Jones: So I definitely want to see if there's some sort of connections that can take place as the second phase of this project as we move beyond the health district to make sure it's connected to downtown and other areas. Mr. Gonzalez: Absolutely. Commissioner Gonzalez: On the subject of -- Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Gonzalez: -- the circulator and all that is going to be happening on the health district, I -- we had a meeting, I believe it was about six or eight months ago, maybe a year ago, where we discussed improvement in the area of the health district, andl mentioned at that time the importance -- andl think the meeting was in your conference room, ifI remember correctly. I mentioned the importance of not only improving the actual health district, but also every entrance to the health district, and we discussed the fact of the need to improve the appearance of Northwest 20th Street, which is a very important street in the district and leading to the health district, to the courts, to the hospitals. If you're familiar with the area, if you stand on Northwest 20th Street and 20 -- let's say 26Avenue, 25th Avenue, at 9 o'clock in the morning, or maybe even at 8: 30 in the morning and you start watching the traffic going to the health district, to the hospitals, to the courts, to all those facilities, you'll realize how important 20th Street is. Also, the same thing happens in the afternoon between 5 o'clock and 6 o'clock in the afternoon. You see all the traffic coming back through 20th Street going to Hialeah, going to Miami Springs, even coming to southwest -- to the southwest area. And Mr. Manager, I've been talking --I understand -- andl don't know if someone has the information available at this point -- but understand that the empowerment zone, when they did their distribution of the money, the portion -- the City was shortcut on the allocation that the City was supposed to get. I've been talking about a very important project on 20th Street, which is to improve 20th Street to -- first of all, the street needs some improvement. I would like to see more green on the -- on 20th Street. I would like to see more trees. I would like to see more grass. I would like to see it greener. We have another situation, which is a traffic situation which is dangerous, andl have talked to the City ofMiami Page 12 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 City ofMiami Police Department in reference to enforcement on 20th Street. A lot of people are using the median, the lane -- the turning lane, and they use it as a regular lane to, you know, drive through it. I've been talking to the Manager. I've been talking -- I also talked to the Mayor about this, and they -- both of them agree with me that we would like to see a project where we can take some of these median lanes, some of these turning lanes in some segments and build some isles and have some green and some trees planted in the center that would beautify 20th Street, and at the same time, will make it greener and it will make it look more appealing for the traffic that is going to go to this health district. So that is a project that want my colleagues to know that I'm working on. I'm pursuing it very hard. I'm putting all my effort and all my mind to it, and I'm going to be approaching -- pretty soon, I'm going to be approaching the County to see how the County -- if the County is willing to assist the City in developing this project financially, and also, as far as permitting is concerned and all the logistic that has to do with making this project a reality. So I just wanted to put -- you know, take this opportunity to put that on the record and let you all know that I'm working on this project, and hopefully, when the time comes, I hope to have your support. In addition to that, you should know that on 20th Street, we have over 500 retail businesses. If you go to 20th Street on Saturday, you realize, you know -- even though, you know, you see how bad the economy is, just go to 20th Street on Saturdays and Sundays and you will be surprised, you know. Vice Chair Spence -Jones: You can't find parking. Commissioner Gonzalez: Exactly. You can't even find parking to go to the stores. So I just want to put that on the record and let my colleagues know that I'm working on this effort, and when the time comes, I hope to have your moral support on this issue. Thank you. Chair Sanchez: The item is still under discussion. Any other Commissioners wishing to discuss the item? Vice Chair Spence -Jones: Yes, Mr. Chairman. I just -- Chair Sanchez: Vice Chair Spence -Jones -- Vice Chair Spence -Jones: -- want -- I just would like to also add -- I know that Commissioner Gonzalez focused a lot of the energies on making the area green from an entry standpoint. I want to also make sure you add onto that too signage, or is there, you know, any plans to include signage because it's going to be extremely important, if that's going to become a gateway to the health district, that people know that that's what it is. Is signage a part of all of this? Mr. Gonzalez: There is a separate project that is specifically addressing signage, streetscape, and gateways, as the Commissioner mentioned, including 20th Street. We've gone ahead and prioritized 20th Street to receive the same type of improvements that 14th Street is going to be receiving. Vice Chair Spence -Jones: Oh, good. Mr. Gonzalez: Andl understand the Capital Improvements Department is working on some short-term improvements, beautification improvements, as well. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: Okay. And then I just wanted to -- I know in our briefing that we had regarding the circulators and the transportation project, I wanted to also make sure you -- you did mention in our briefing that you're going to be bringing something back to us shortly regarding the agreement with the circulator company. City ofMiami Page 13 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Gonzalez: With regards to the health district trolley project, yes. Vice Chair Spence -Jones: Yes, and which would include -- Mr. Gonzalez: We'll be briefing you -- Vice Chair Spence -Jones: -- 'cause some of my questions were around jobs, the number of jobs that -- Mr. Gonzalez: Correct. Vice Chair Spence -Jones: -- which we really didn't have -- get a solid answer on, so I really would like to have a solid answer as to whether or not -- how many jobs will be created from the circulator, people hired to actually run it, operate it, maintain it. And then the other question I believe I had on the circulator was was there going to be a cost associated with the circulator. Mr. Gonzalez: Yes. Vice Chair Spence -Jones: Is it the first year or two, or do you know, Commissioner Gonzalez? Is the first year free, and then --? You do know? Commissioner Gonzalez: I know. Vice Chair Spence -Jones: Okay. All right, so I'm assuming you're going to brief us on it so that Mr. Gonzalez: We'll be briefing all Commissioners on that project in the coming weeks. Vice Chair Spence -Jones: Okay. Mr. Gonzalez: A week or so. Vice Chair Spence -Jones: And I'm very happy with it. Mr. Gonzalez: Thank you. Vice Chair Spence -Jones: That's it. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. There are two models being used now for circulators; one, Coral Gables, which operates free and they have their own staff then there is Doral. It's a private company that charges. So I guess that we will explore the route of a private company. Is that correct? Mr. Gonzalez: That is correct. Commissioner Regalado: Okay. The purpose of the circulator, which Coral Gables began, was to transport people from one area throughout the commercial district. And so we need to understand what benefits will bring this circulator to not only the health service area, also the court system, but also 20th Street because the idea of the circulator is to have people be able to take their lunch time, go buy something on 20, and come back on the circulator. So do you have any idea of from Point A to Point B, where it's going to start? They going to pick up the people at the Metrorail station, and then they going to bring it around? Would people be able to ride all day with one price, or do they need to pay every time? City of Miami Page 14 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Gonzalez: Those details, Commissioner, andl believe you're referring to the health district trolley in specific -- Commissioner Regalado: Yes, but the health district trolley needs to address the 20th Street -- Mr. Gonzalez: And it will. Commissioner Regalado: -- corridor. Mr. Gonzalez: It will operate along 20th Street. Yes -- Commissioner Regalado: Right. Mr. Gonzalez: -- it will. What this contract does -- and I'd like to make that point for the record 'cause I believe it's an important point -- what this item does is allow for contracts to move forward that have a provision for circulator studies so that we can study the feasibility of circulators throughout town and determine if they're feasible, if they're warranted. Commissioner Regalado: Yeah. I understand that, but the trolley is administrative -driven, so -- the study. Mr. Gonzalez: Yes. Commissioner Regalado: We need to have input from the Administration to say this is the priority area, and this is the priority that we want. Mr. Gonzalez: On November 13, Commissioner, we will be coming before you with two items related to the health district trolley specific, and we'll be briefing you on -- specifically on that project in about a week or so. I -- what I would not like to do is to confuse this contract, which is a miscellaneous service contract to look at the feasibility of various circulators throughout town, with the details of one specific project. Commissioner Regalado: No, andl understand that, but it's not about confusing. It's, I guess, giving you input on what the Commission really expect from this study, which, by the way, they are going to declare that the health district needs a circulator. I mean, we all know that, but the point is, how far and what goes around -- where would it go? How much would it cost? Would they be able to have some kind of connection with the Metrorail -- Mr. Gonzalez: Absolutely. Commissioner Regalado: -- which has gone up in price, and then have some vouchers, you know, from Metrorail? Something like that. Mr. Gonzalez: Absolutely. We're working with Miami -Dade Transit and the route, as the preferred route does connect directly to the Civic Center Metrorail Station on 12th Avenue, as well as multiple institutions, facilities in the area and parking garages. Commissioner Regalado: Okay. Thank you. Thank you, Chairman. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. Yeah. Mr. Manager, my questions are slightly different I just want to say to Commissioner Gonzalez, I absolutely support mass transit, andl especially support it probably in the fastest growing part of the City ofMiami, which will be the health district. And City ofMiami Page 15 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 having practiced law in that particular venue, everything you're saying is absolutely correct. My question is about this issue. My question is about the contract, and my question is regarding the use of taxpayer dollar to spend one million dollars in the study of where to put circulators. I have trouble just believing it takes a million dollars for us to study how and where to put a circulator. I have read this contract. I have looked at where the engineers will make $253.92 an hour, another engineer will make $193.31 an hour. I understand the money's coming from the PTP, so it's the People's Transportation Tax [sic], but I have trouble gauging -- 'cause I suspect every Commissioner up here has an idea -- I certainly suspect Commissioner Gonzalez does -- as to where circulators are needed and how they're needed, andl bet he could do it for less than $50, 000. Andl do that jokingly because I just pondered to myself if we're so concerned about taxpayer money, why are we spending a million dollars to study -- now if this was a million dollars to go to a hard asset, like a tire for one of these circulators, I'd somewhat understand that. But to pay people and folks a million dollars -- or up to a million dollars -- to study where circulators could go, I think it's not a good use of taxpayer money. And if you can describe it to me and explain it to me, I'd be more than glad to support it, but there's no hard asset here in this contract. There's no equipment purchase. There's merely somebody saying, we're going to study the health district, and maybe parts of the -- other of the City ofMiami. The key staff are listed here in Section A23 of the contract. You know we have the folks for the streetcar analysis. We have the folks for the financial development and contractual analysis, and we're going to spend up to a million dollars coming up with this concept. Somebody explain it to me. Pedro G. Hernandez (City Manager): Commissioner, number one, this is a miscellaneous contract to provide transportation services to the City for potentially a period of four years, and it's based on a work order basis. Work order number one could be that circulator that Jose was talking about. Work order number two could be another circulator in the area thatl think Commissioner Spence -Jones mentioned. But this is a work order -driven contract that will provide transportation services to the City on an as -needed basis. It doesn't mean that we are going to spend the one million. I have the capacity in the event that we need it. Commissioner Sarnoff. Let me -- Mr. Hernandez: I can use this contract, for example, ifI need to do a review of a MUSP (Major Use Special Permit), the transportation element of a MUSP. I can use this consultant to do that review for us, even though later on we may be reimbursed. Commissioner Sarnoff. Well, that -- Mr. Hernandez: I can use them for that. Commissioner Sarnoff. -- brings a whole different set of concerns to me because I thought every MUSP had concurrency already in it. Mr. Hernandez: But ifI have to do a review, I can do it, even though those monies may be later reimbursed to us. What I'm trying to say is that this type of service is available to the City to be used for whatever transportation need we need to analyze or we need to study. It doesn't mean -- Commissioner Sarnoff. So it's your contention then that you need up to a million dollars to study the transportation needs of the City ofMiami? Mr. Hernandez: On a -- that's capacity over four years. It doesn't mean that I'm going to spend it, but that I have the ability to tap on a consultant, on an as -needed basis, in order to provide those services to the City. And it may be services that today may not be even known to us. If next month you come to me and say, you know, there is something going on in this area, I want to do a study, we can then do it because we have the mechanism to do it. In essence, in doing public works and in doing transportation work for a city, I like the city to be armed with City ofMiami Page 16 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 miscellaneous contracts for like civil, for transportation, so ifI need to do a drainage study, ifI need to do transportation, ifI need to do roadway work, that have the capacity to be able to react immediately to the City's needs without having to go out through a third party or have to do a selection process, and those are the benefits and the uses of what is called a miscellaneous or open contract. Commissioner Sarnoff. So we've done something like this before -- correct me if I'm wrong, Mr. Manager -- we did this -- Mr. Hernandez: We have it for architectural services. Commissioner Sarnoff. Right. Mr. Hernandez: Right. And we -- Commissioner Sarnoff. Similar to that, where you have -- where you just put somebody on a list and you have a certain quantity of dollars available to you. Mr. Hernandez: Right. So what that provides is capacity. It doesn't mean that I'm spending "X" amount of dollars on a certain project. The architectural services is a good example. I think we also have them for civil, and we may have them for other -- we may even have mechanical/electrical -- Unidentified Speaker: Correct. Mr. Hernandez: -- to provide us with services on an -- Commissioner Sarnoff. What -- Mr. Hernandez: -- as -needed basis. Commissioner Sarnoff. Mr. Manager, what's the total amount of PDP [sic] dollars that we get from the County on an annualized basis? Mr. Hernandez: It's about 12 to 13 million a year. Commissioner Sarnoff. Okay. Thank you. Chair Sanchez: Any further questions, Commissioner? Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just wanted to have some clarity also from the Department because in my briefing, the reason I didn't get into, you know, the other things that this contract will cover was because it was very clear to me that it would not just cover just the health district or -- Mr. Gonzalez: Correct. Vice Chair Spence -Jones: -- circular studies. It would include other things. Mr. Gonzalez: Miscellaneous services. Vice Chair Spence -Jones: One of the things that I've been trying to get done for the last three years in my district is to get traffic circles, which, you know, every time I ask for one, it's always become an issue about us not having resources to study traffic circles. District 5 has been asking for them in Overtown, in Liberty City, andl can't get a traffic circle. So I'm hoping that, you know, I'm able to get one now because I'll be able to utilize this particular contract to do City of Miami Page 17 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 that. So my understanding is, it goes beyond the scope of just the health district or circulars. I mean, I definitely would like to see some of them take place in my districts, like the Design District and in other areas that think that they could work. But I just want to be very clear that this is to be used on any transportation -related issues. If there's a major project we have going on in our district, we can utilize to tap into this contract to do that. So I just want to hear from either my City Manager or the staff on this 'cause I just didn't want it to appear to the public that we're spending a million dollars on, you know, circulars. Mr. Gonzalez: That's correct. Mr. Hernandez: Commissioner, this is a service that is available to the City and to your direction for any study that you feel is necessary. On traffic calming -- that's a good example -- the traffic is controlled by the County on a countywide basis. However, when you go to them and you want something done and they have to do a study, the study may take six months to get done. If they give us the option that we can provide the study, and if we can provide the study that supports the traffic calming, they'll approve it. Vice Chair Spence -Jones: Right. Mr. Hernandez: So we have an ability here to have more control over our destiny. Vice Chair Spence -Jones: I mean, for three years, I've been trying to get a traffic circle in one part of my district. Three years. So -- and every time, it's the same answer. So I'm hoping that from this we'll be able to at least make some headways because we are -- I am having some issues in certain neighborhood. I just can't understand in the whole District 5 why I can't have one traffic circle. Mr. Hernandez: Commissioner, this -- Vice Chair Spence -Jones: So -- that's a whole nother story. Mr. Hernandez: -- will give us the ability -- Vice Chair Spence -Jones: That's a whole nother story. So, hopefully, this will give me the opportunity to do that. And then the other question I had real fast -- 'cause in our briefing it was very clear, but I heard Commissioner Sarnoffjust mention -- and maybe I just overheard it, but the streetcar won't have anything to do with this at all. Mr. Gonzalez: Absolutely not. Vice Chair Spence -Jones: Okay. Just wanted to make sure. Commissioner Gonzalez: On the -- Commissioner Regalado: But it says that the -- Chair Sanchez: Commissioner -- Commissioner Regalado: -- project -- Chair Sanchez: -- Regalado, you're recognized for the record. Commissioner Regalado: Thank you. Just briefly. The project manager, John Culpa, PhD, streetcar and transportation. City of Miami Page 18 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Gonzalez: I believe that was included in the contract in case, in the future -- at a future date, if streetcar is amend -- if this contract is amended to include streetcar, and that would -- that actually would have to come before this board, then that gentleman, John Culpa is -- stands ready to assist on streetcar services. Commissioner Regalado: Yeah, but -- Mr. Gonzalez: But at this time, this contract does not allow for any streetcar services to be performed. Commissioner Regalado: But it does allow for streetcar services. Mr. Hernandez: Well, the -- when the selection process was conducted, the streetcar was one of the elements that was used as criteria for the selection of the firm. However, it would require a separate contract for us to engage them on streetcar work. This contract is just specifically for transportation services. It does not include the streetcar. For us to use -- we could use one of those consultants for streetcar work if you authorize this under a separate contract. Commissioner Regalado: So it's cheaper? I mean, the streetcar study would have been very costly, but -- so within the scope of this contract, there is no streetcar, but could be. Is it included on the million dollar, or -- Mr. Hernandez: No, it's not. For the streetcar to be part of this contract -- it could not be part of this contract. It will have to be a separate contract that will have to be brought before you for you to approve. The selection process did include that, so we have the ability, if so desired, to use this selection process to come back to you with a new contract for the same firms to do streetcar work, but that will have to be a separate contract brought before you. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. Commissioner -- wait. Commissioner Regalado, are you -- Commissioner Regalado: Yes, yes. Chair Sanchez: -- done? Okay. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. I just want to understand something, and correct me if I'm wrong. This contract itself will build nothing, correct? There's no -- Mr. Hernandez: It depends, Commissioner, on the type of assignment that we give them on a transportation field. Let's say that we want to explore some traffic calming devices. They provide the traffic study -- Commissioner Sarnoff. Right. Mr. Hernandez: -- and then CIP (Capital Improvements Program) would do the drawings for the contractor, so it may end up in a -- in physical construction. Commissioner Sarnoff. And the reason I ask the question is, like Commissioner Jones [sic], I have some difficulties getting traffic circles, and my understanding, and correct me if I'm wrong, is that when the County, who ordinarily says no to begin with -- sort of like DERM (Department of Environmental Resources Management), the answer is no. You come back a second time, the answer is no. You come back a sixteenth time, the answer is no. But inevitably, what the City can do is do its own study, submit that to the County, and the answer may be maybe. City of Miami Page 19 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Hernandez: Yes. We have a -- definitely a better chance of being able to, number one, expedite it and have positive results. Commissioner Sarnoff. Okay. But this is just for the study aspect of it? Mr. Hernandez: It would be for the study aspect, but it could lead to the construction of traffic calming devices. Commissioner Sarnoff. Just want to understand -- I got to tell you. I read this contract, very difficult contract to understand, very difficult. I question whether it says everything you say it says, but I'm not here as a lawyer, as long as our City Attorney is happy with it. It says many things to many different people. Chair Sanchez: Any --? Vice Chair Spence -Jones. Discussion, then we'll wrap it up. Vice Chair Spence -Jones: Well, I want to (INAUDIBLE) Gonzalez because I know that he has some comments. You can go 'head [sic]. I just -- Commissioner Gonzalez: Thank you. Yeah. My comment is that on the issue of the circulator itself, right from the beginning when we started talking about the circulator, I asked you, I asked the Administration to include -- try to include Northwest 20th Street on the study and try to include 20th Street in the route, and the reason is very simple. I don't know how many thousands of people visit daily the health district, and eventually, it's going to be thousands more once the University ofMiami build their biotechnical labs and facility on Northwest 7th Street. And these thousands of people will have access to, like I said before, close to 500 retail stores where you can buy from nurses uniforms to dresses to underwear to shoes to any kind of merchandise that you will need you could buy at Northwest 20th Street, okay. So to me, it makes a lot of sense to incorporate a retail area on an area that is so big and it tends to be growing, okay, and establish a connectivity between this health district and the retail portion of the neighborhood. I mean, it only makes sense. I'm not an engineer. I'm not an expert. I don't know anything about anything, but I mean, if God gave me a little bit of something, it was a little bit of common sense, you know. I don't need to -- and I'm not charging you $250 an hour to tell you that -- Commissioner Sarnoff. Commissioner, you're -- Commissioner Gonzalez: -- or 175, or whatever, you know. Commissioner Sarnoff. -- a jack of all trades and a master of none. Commissioner Gonzalez: Exactly. Chair Sanchez: Is that an insult? Commissioner Gonzalez: So -- Commissioner Sarnoff. No. That's a compliment. Commissioner Gonzalez: -- you know, it only makes sense -- and I ask -- I did ask you to include it in your study and to include it in your route of the -- okay, because it's -- fine, you know. We need to provide as much as we can to the health district, but we also have to look at the surrounding areas, okay, and provide services for those people that visit this health district every single day. So I ask you to please, you know, take that into consideration, you know, very seriously because, eventually, there is going to have to be a time when we're going to have to vote on a more concise topic and then it will be like on budget time. It will be our time. So I think that's a clear message, I hope. City ofMiami Page 20 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: All right. Mr. Hernandez: Commissioner, I'll have staff start scheduling early briefings on the circulator proposed route so we can have your input early on. Commissioner Gonzalez: All right. Thank you, sir. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Yeah. My only comment -- and I'm just going to ditto -- I mean, if anybody's gone to 20th Street and see all the uniform -based retail stores there, and not only that, there's the little mini restaurants, just from in that overall area. Just to flow any money outside of that area, all those people that are coming there to work at Jackson or University ofMiami definitely will help other neighborhoods. So I don't think that there should -- I don't think you should have any resistance on that at all. At least you have my support on it. Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: I just wanted to add on -- you know, maybe I'm just stuck on the traffic circle thing because, you know, I've been trying to get them for the last three years, so I just want to be clear though -- Ola, your department, CIP, has worked very hard with us to try to resolve, you know, some of the issues of me getting the traffic circles, but especially in the Liberty City area on 58th Street, where we built all those new houses and, you know, I have a school there, Orchard Villa, and the schools -- I mean, the people just fly down that street daily, and for two years, I've been trying to get a traffic circle. So hopefully, you know, once again on this study -- from the study perspective, we'll be able to push through that so that we can get it done. I'm not really sure -- Commissioner Sarnoff, you mentioned, you know, the trouble that you had with trying to secure, you know, the traffic circles, you know, in your district, but you eventually pushed through. I don't know what -- how you were able to push through, but it's been extremely difficult for me to get them. Commissioner Sarnoff. County's tough. Vice Chair Spence -Jones: Okay, so I just want to at least officially put on the record -- I know that you have been trying to get it done for me, Ola, to try to get -- 'cause I know that comes from your pot of money, but whatever we need to do, Mr. Manager, to work through this issue, I really would appreciate it 'cause -- ifI could just get one, just give me one for now, you know, I would really appreciate it. Mr. Hernandez: Yes, Commissioner. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. I have a question and have a comment. My question that think we need to clarify that has not been clamed is whether this is a two-year deal or is it an extended for each of the one-year extensions? So is this million dollars, is it for two years or is it for a total of four years? Mr. Hernandez: The contract period is for two years, with two one-year options, and the money, in essence, that we're talk -- the compensation that we're talking about here covers the whole period. If we do an extension, it's because, in essence, we still have monies available, we have needs, and we can expand -- we can -- Chair Sanchez: So this is the amount whether it's the two years or if there's an extension? City ofMiami Page 21 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Hernandez: Yes. Chair Sanchez: That's the amount. Okay. Well, on the comment side, as the City grows, the City's going to have needs, and we need to address those needs. Andl could tell you that one of the needs that we have is transportation in this City. We don't control transportation here, the County does. But we have an opportunity to focus on the areas that are going to bring economic vitality to this city, so that's why I support this. Andl think that the top priority should be given to the health district because it continues to grow, and as we continue to grow, you're going to see more people there depending on transit to get from work, home, and home work, and from work to go do the things they need to do that they can't do on their way home because they got to get home to take care of their elderly parents or their children or their pets. Now this study doesn't only focus on one; it focus on the entire city, which I think that we need to focus on connectibility [sic]. That's the most important focus of transportation is connectibility [sic]. The health district is one that should have the priority 'cause that's the area that really is growing and continues to grow economically. If you read the papers, while everybody's losing their jobs and the economic's going bad, guess who's hiring people? The medical industry is hiring people because of the baby boomers. We have to provide healthcare to our elders. But I also think that we need to focus on other areas that are going to bring economic vitality to this City as we continue to grow, and that is the downtown area. It is also the Brickell area, and it certainly is the Designer [sic] District, where if we could connect all those areas where people can freely and without inconvenience get to those areas, people can buy and leave the money here, 'cause that's what we want people to do. We want people that work at Jackson, go to 20th Street, and leave their money here. Vice Chair Spence -Jones: Yep. Chair Sanchez: We want people that work in downtown to maybe go to Flagler or 8th Street or 20th Street and Overtown and leave their money here. That's what we need to focus on. So I think this is what the City should be doing. The City should be focusing on the future of this city and bringing the needs of the people, which is, above all, one of them, a very important element, the transportation element. So I support this a hundred percent. Having said that, we close the discussion. It is a resolution. It does not require a public hearing. We are about to vote on RE.1. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes, 5/0. Mr. Gonzalez: Thank you. RE.2 08-01200 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Capital INCREASE TO THE CONTRACT WITH WEEKLEY ASPHALT PAVING, INC., Improvements FOR THE PROCUREMENT OF REPAIR, MAINTENANCE AND Program INSTALLATION OF ROADWAY SYSTEMS SERVICES, ON AN AS -NEEDED BASIS, FOR THE DEPARTMENT OF CAPITAL IMPROVEMENTS, UTILIZING EXISTING BROWARD COUNTY BID CONTRACT NUMBER H-Z-05-376-B1, EFFECTIVE THROUGH JUNE 26, 2009, PURSUANT TO RESOLUTION NO. 07-0703, ADOPTED DECEMBER 13, 2007, IN AN AMOUNT NOT TO EXCEED $2,122,800, INCREASING THE CONTRACT FROM $2,000,000, TO TOTAL CONTRACT AMOUNT NOT TO EXCEED $4,122,800; ALLOCATING FUNDS, FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 22 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-01200 Legislation.pdf 08-01200 Summary Form.pdf 08-01200 Award Recommendation.pdf 08-01200 Text File Report.pdf 08-01200 Addendum.pdf 08-01200 Price Bid.pdf 08-01200 Invitation For Bid.pdf 08-01200 Contract.pdf 08-01200 Attachment .pdf 08-01200 Attachment I.pdf 08-01200 Attachment H.pdf 08-01200 Attachment G.pdf 08-01200 Bid Bond.pdf 08-01200 Power ofAttorney.pdf 08-01200 Certificate Of Liability Ins..pdf 08-01200 Construction Licensing.pdf Motion by Commissioner Gonzalez, 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-08-0612 Chair Sanchez: RE. 2. Madam Clerk, is that the next item that we have? Pamela E. Burns (Assistant City Clerk): That is correct. Chair Sanchez: All right. RE.2, it's a resolution. Let's take that up. Commissioner Gonzalez: Move it. Commissioner Regalado: Second. Commissioner Sarnoff. What are we doing? Chair Sanchez: All right. This item is a resolution, and it comes to us from the Department of Capital Improvement. Ola Aluko: Ola Aluko, director of Capital Improvements, City of Miami. This resolution authorizes the Manager to approve an increase to the contract with Weekley Asphalt Paving, Incorporated, to provide services for the repair, maintenance, and installation of roadway systems by $2.1 million. Chair Sanchez: All right. Motion has been made by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Any discussion on the item? It's a resolution that does not require a public input or public participation or public hearing. All right. Any further discussion on RE.2? Hearing no discussion on RE.2, it's ready for a vote. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 23 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 RE.3 08-01225 Office of the City Attorney RE.4 08-01205 Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.2 has been approved, 5/0, Madam Clerk, for the record. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF OUTSIDE COUNSEL FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI AND/OR THE CITY OF MIAMI CODE ENFORCEMENT BOARD IN PROCEEDINGS FILED BY E. BOBIE STEPPE & CHRISTINA STEPPE, IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, APPELLATE DIVISION, CASE NO.: 08-481 AP; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 08-01225 Legislation.pdf 08-01225 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0613 Chair Sanchez: We move on to RE.3. RE.3. Okay, RE.3. That comes -- Julie O. Bru (City Attorney): Mr. Chairman -- Chair Sanchez: -- to us from the Office of City Attorney. Ms. Bru: Yes, RE.3. This is a resolution seeking authorization to engage outside counsel for the matters concerning E. Bobie Steppe and Christina Steppe in circuit court. We are just asking for authorization to engage outside counsel based on my determination that it's in the best interest of the City. Commissioner Sarnoff Move it. Chair Sanchez: All right. There's a -- Commissioner Gonzalez: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Any discussion on RE.2 -- 3, I'm sorry -- RE.3. No discussion on RE.3. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.3 has been approved, 5/0. That takes care of all the resolutions. RESOLUTION City of Miami Page 24 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 City Manager's Office A RESOLUTION OF MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF GOODS AND SERVICES, VALUED AT $2,500,000, FROM THE ORANGE BOWL COMMITTEE, WITH CONDITIONS FOR THE ORANGE BOWL LEGACY GIFT PROJECT AT MOORE PARK ("PROJECT"), TO BE SET FORTH IN AN ACCEPTABLE AGREEMENT, TO BE EXECUTED PRIOR TO DECEMBER 31, 2008; AUTHORIZING AN ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR SAID PROJECT, IN AN AMOUNT NOT TO EXCEED $2,500,000, FROM PROJECT NO. B-30625 ENTITLED "MOORE PARK ATHLETIC FIELD, HOWEVER SUBJECT AS STATED HEREIN TO THE PARTIES NEGOTIATING AND ACCEPTING AN ACCEPTABLE AGREEMENT;" AUTHORIZING THE CITY MANAGER TO NEGOTIATE TERMS AND CONDITIONS OF AN AGREEMENT IN ACCORDANCE WITH APPLICABLE LAWS; DIRECTING THE CITY MANAGER TO BRING BACK SAID AGREEMENT FOR CONSIDERATION BY THE CITY COMMISSION. 08-01205-Legislation-SUB. pdf 08-01205-Submittal-Substitution Memo. pdf 08-01205 Exhibit.pdf 08-01205 Exhibit 2.pdf 08-01205 Exhibit 3.pdf 08-01205 Summary Form.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-08-0611 Chair Sanchez: All right. Let's go ahead and -- point of order. IfI could just get RE.4. Vice Chair Spence -Jones: That's the next one. Chair Sanchez: RE.4, which is the -- the Orange Bowl Committee is here, so we'll get you out of here. We also want to take the opportunity to welcome the Superintendent Carvalho. Welcome, sir. Wish you a lot of success and good luck. Pleasure to have you here. Larry Spring: Commissioners, Larry Spring, chief financial officer. RE.4 is an item accepting a grant from the Orange Bowl Committee in the amount of $2.5 million for the Orange Bowl legacy gift project at Moore Park. The project is to consist of a high school football stadium improvement on the existing Moore Park site, which would include a field turf -- new state-of-the-art field turf field stands, concessions, bathrooms, and a new track. Today we do have representatives from the Orange Bowl Committee, as well as the School Board, and the Mayor to speak -- put some comments on the record on behalf of the project. Eric Poms: Good morning, and thank you for the opportunity here. We really appreciate the forum. This is a big year for the Orange Bowl Committee, South Florida, City ofMiami, in that we're going to host two BCS (Bowl Championship Series) bowl games. On January I will be the 75th Fed -Ex Orange Bowl; on January 8 will be the 2009 Fed -Ex BCS national championship game. I'm here with Phyllis Oeters to my left, and she is our president-elect, and Sean Pittman's on his way from the airport from Tallahassee, so he apologizes for not being here at this time. But as part of our celebration of the 75th anniversary, the Orange Bowl Committee wanted to join the City ofMiami in a legacy gift and to provide something to the community to thank you City ofMiami Page 25 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 for all your support through 75 years. Much in the same light that you see the NFL (National Football League) does with Super Bowl, we looked across the area and found that Moore Park would be the ideal location. In 1933, before the Orange Bowl was actually played at the Orange Bowl Stadium site, two games were played at that park, Moore Park, featuring Manhattan and Miami, believe it or not, and we would like to build a football facility that accommodates high school football, youth football, with a track that goes around, and we went out there with a lot of people from the City ofMiami. We'd like to thank Mayor Diaz, City Manager, Larry Spring, Ernest Burkeen, Basil Binns, Kim Sands, who was with the park for a good many years, and Superintendent Carvalho, who's here today to support this. We'd like to do something in a much -needed area where high school football is played throughout the county, but in the City of Miami, there's a need. And so we'd like to leave this legacy gift that will provide an opportunity not only for high school football but youth football and for the residents that use the track each and every day and to thank you, thank the community for all you've done for the Orange Bowl for 75 years. Pamela E. Burns (Assistant City Clerk): Excuse me, sir. We need your name for the record, please. Mr. Poms: Yes. My name's Eric Poms. I'm the chief executive officer of the Orange Bowl Committee, and this is Phyllis Oeters, O-E-T-E-R-S, who's the president-elect of the Orange Bowl Committee. Chair Sanchez: Thank you, Eric. Commissioner Gonzalez: Thank you. Chair Sanchez: Mr. Mayor, would you like to address the Commission? Superintendent, would you like to say a few words, sir? Alberto Carvalho: Thank you very much, Mr. Chair. Good morning, everybody. It's my first visit officially as superintendent to City Hall, andl come today before you to support this wonderful opportunity. Most of the games that Jackson Senior High School and Booker T. Washington, Sr. play football games, they have to go out to Traz Powell, north end of the county. This wonderful opportunity will provide a state-of-the-art venue for those games to be played right here in the City, and we appreciate that. Also, the ability for track meets to take place at Moore Park, and so to speak, the reinvention of the Orange Bowl right here in the heart of our community is something that the School Board and personally thank you for. The financial commitment made by the Orange Bowl Committee, as well as by the City, on behalf of the community and the kids in high schools in the City ofMiami certainly is very much appreciated. IfI may, I'd like to take just two additional minutes, since this is my first appearance before you, to outline some of the things we're doing within the City. I have four priorities as superintendent and these will be -- have been presented to my own board and have a great deal of impact on the quality of life of the City ofMiami. We're all experiencing very difficult economic times not only as a city, a county, a state, as a country, and my first priority as superintendent for the school district is actually to stabilize the economic condition of our school system. Second priority is to improve the capacity to weather the economic storm that's still brewing and will be facing us with additional severity going into the '09/'10 school year. Third priority is in fact to continue the upward trend of academic achievement for all schools in the district but with particular attention to nine schools that are facing some pretty Draconian sanctions from the State; some of those right here in the City. Particular attention will be paid to Edison Senior High School. I was at the school yesterday with the Commissioner of Education bringing resources in the form of reading, science, math coaches. I'm going to bring a proposal to our School Board, which I hope you'll support, to keep kids in school during the holiday break at least five days, and bring those kids into school five Saturdays between now and March to provide additional time on task, keeping them off the streets with very targeted assistance in reading, math, science, and writing. City ofMiami Page 26 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 My last priority is a simple one. It's to continue to bridge out with the community, providing additional opportunities for the community at large, every single segment of our community, Cuban -American, Haitian -American communities, an opportunity to partner with the school system and provide for additional dimensions of engagement with our educational programs. We do this all under the auspice of the compact that we have with the City ofMiami. So I wish to continue the framework of that compact, which serves as the model not only for the County but for the nation in making these programs living programs in our city. But today let me close in congratulating you for this wonderful resolution and the opportunity for kids to play football right here in the City ofMiami. Thank you. Chair Sanchez: Thank you. All right. It is a resolution. Commissioner Gonzalez: Motion on RE.4. Vice Chair Spence -Jones: Second. Discussion. Chair Sanchez: Hold on. For the record, there's been a motion made by Commissioner Gonzalez. There's been a second by the Vice Chair for the purpose of discussion. The item is under discussion. Before we go any further, just a point of clarification on this. There is a substitution on this, Madam Clerk, correct? All right. We also -- when the time -- when the appropriate time comes, we need to put that on the record. Mr. Spring: That's what I wanted to put on the -- Chair Sanchez: That's what you want to do? All right. Mr. Spring: Yes. Chair Sanchez: Let's put it on the record, the substitution to RE.4, which is a resoluiotn. Mr. Spring: Commissioner, you do have a substitution to this item. It was distributed. The corrections to the agenda item are as follows. The portion of the title authorizing the City Manager to execute the grant agreement in a form acceptable to the City Attorney and all other documents necessary for said purpose has been replaced with authorizing the City Manager to negotiate terms and conditions on an agreement in accordance with applicable laws; directing the City Manager to bring back this agreement for consideration by the City Commission by December 31, 2008. In addition, sections four and five of the resolutions [sic] have been replaced to reflect the changes in the title respectively stating that the City Manager is authorized to negotiate terms and conditions of an agreement in accordance with applicable laws, and the City Manager is further directed to bring back said agreement to the City Commission for its consideration. In addition, I need to put on the record that one of the conditions is that the Orange -- OBC (Orange Bowl Committee) be responsible for the management of the construction of the project in accordance with applicable laws which will be vetted and brought back to this Commission; consideration of the deferment of or waiving of certain permits as legally permissible. And finally, just as a point of clarification, in addition to the $2.5 million grant, the Orange Bowl Committee has also committed itself to raise an additional $650, 000 for additional investment into this project. So just wanted to make sure those things were properly placed on the record. Chair Sanchez: Okay. It comes back to the Commission for discussion. We'll allow -- Vice Chair, you open up for discussion. Do you want to open it up or do you want to yield? Vice Chair Spence -Jones: I'll just go 'head [sic] and yield to -- Chair Sanchez: All right. City ofMiami Page 27 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: -- Commissioner Regalado. Chair Sanchez: The Vice Chair has yield to Commissioner Regalado. Commissioner Regalado, you're recognized for the record on the discussion ofRE.4. Commissioner Regalado: Thank you. Thank you, Mr. Chairman. I do support this project. I really think that the Orange Bowl was born in Miami. And this park will be your legacy. Although it belongs to the City ofMiami, it would be your legacy. Andl think that we should just participate in this. Two things. Number one, I think that condition of the Orange Bowl Committee driving the project is a wise position because you have timelines, but also what can we expect from the Orange Bowl Committee, Mr. Poms, in the future? Can we expect the Orange Bowl Committee to be involved in the different projects, programs, activities of the park? Would that be a showcase for you throughout the years in terms of you know, if you have a player that is willing to participate to visit the park to have a clinic of football, in the park. I mean, I know that it is important for you to have this monument to the Orange Bowl legacy, but after it's built, what the Orange Bowl Committee would do? Mr. Poms: Currently, the Orange Bowl is involved with the Orange Bowl Youth Football Alliance, which comprises probably about 40 parks across South Florida. In the City ofMiami, we have Gwen Cherry involved, Liberty City, Tacolcy, and Overtown. And (UNINTELLIGIBLE) in Moore Park, which is in Commissioner Spence -Jones' district, and thank you for the support, that we want to get them involved. In addition, this year is a big year for the Orange Bowl and the City ofMiami in that had the two champ -- the championship game and the 75th Fed -Ex Orange Bowl. We would like to do, in December or January, a clinic out there to kick off this great celebration and announcement of a legacy gift, and we will bring, you know, very reputable players, coaches, et cetera, to that clinic. Commissioner Regalado: Thank you. Mr. Poms: Yeah. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: All right. Vice Chair Spence -Jones for discussion. Vice Chair Spence -Jones: Sure. First of all, I want to say thank you to the Orange Bowl Committee and the board members for coming out and supporting our parks. As you just stated, Eric, the Orange Bowl has been long-time friends of inner-city communities in supporting optimists and continues to do that. Even beyond the legacy gifts, you guys have been doing that - Mr. Poms: Thank you. Vice Chair Spence -Jones: -- for many, many years, even beyond me. Mr. Poms: Yep. Vice Chair Spence -Jones: So I want to officially thank you on that. Also, I want to at least officially congratulate Albert, our new superintendent. Let's give him a hand. Applause. Vice Chair Spence -Jones: Andl can honestly say that Albert has been a long-time friend of the city and a long-time friend of my district and has worked very hard to support all of the schools City ofMiami Page 28 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 in my district andl look forward to working with you on my troubled schools because they do need a lot of help. So I want you to know that you're welcomed and that you're supported and just to officially congratulate you and to let you know that look forward to working with you in my district. I just wanted to add Moore Park, as you know, us having for the first time, a first-class football stadium is something that's truly needed. It's -- even though it's in my district, Moore Park, it is a park that really, Commissioner Gonzalez andl really share. It is probably one of the most diverse parks that we have in the City ofMiami from the standpoint that all people share this park. This is probably one of the busiest parks from the mornings to the evenings, meaning people either walking on the tracks -- you can see parents, children, everyone utilizing that park in the morning to late in the afternoon. So it is something that's been needed for a very long time to have this expansion and to have a partner like the Orange Bowl going in there is what we need. The City has made a commitment to improve our green spaces and to improve our parks, and this -- I would consider this a megapark, you know, a regional park now, now that we're doing the expansion, so I'm very excited about that. I just do want to add on a couple of notes. As a resort -- result of this particular legacy gift, Larry andl have been working, along with Ola, to do additional things, at least from my CIP dollars, to support an additional building going on that site, and I'm shifting some of my dollars to do that because while it's great for us to have the stadium and it's great for us to have the additional amenities, we also know that the building that's there now is termite -infested and has a lot of issues and -- I'm sorry. I didn't see Burkeen over there. And working along with Burkeen's office also to make sure that we get a new building because now that you're talking about having a stadium there, you're going to have a lot more people coming to that park, and my concern is to make sure that we have a state-of-the-art building that goes along with that stadium that's happening there. So I just wanted to make sure thatl at least officially put that on the record. Also, I know that -- which is really not your issue, but it's really more of a Parks issue and a City Manager's issue -- I do think that it's important for us also to look at baseball as -- I know we have some existing baseball fields there, Ernest, and CIP and also Mr. Manager, but think baseball in that particular community is something definitely -- you know, those fields need to be enhanced also for the local residents. So, hopefully, it becomes a full sports complex in the heart ofAllapattah 'cause I think that it's really needed. And then just in closing, I think that in this overall plan, as we look at it, we have to look at parking. If anybody knows anything about Moore Park, then you know that parking is an issue. It is a big issue. And while I know that we have some parking spaces, but when you start talking about having high school football games and you start talking about, you know, just the park becoming an expanded park, we're going to have a problem. You're going to have residents complaining that people are parking in front of their houses and all of that. So -- well, they may not be complaining, right? They may be happy that they're parking in front of their house, right, Commissioner Sanchez? Chair Sanchez: No problem with that, as long -- Vice Chair Spence -Jones: But my -- Chair Sanchez: -- as they're making money. Vice Chair Spence -Jones: Right. -- point is, we still need to make sure that we have some parking put in this overall plan because there's not enough parking at Moore Park. It's not enough parking for it now, so I can only imagine. So I would ask that the City Manager and CIP look at making sure that that's included. And with that being said, I just want to say thank you so much for your support in being here and always making sure at least the young people in our districts receive the kind of support that's needed. So thanks so much, andl look forward to working with the Orange Bowl, the School Board, and anyone else on making sure that this is a great park. Chair Sanchez: All right. City of Miami Page 29 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Poms: Thank you. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. Yeah. I thought it would be worth mentioning a very long-time supporter of the University ofMiami andl know partly instrumental in getting this grant was Monty Trainer, andl thought it'd be worth mentioningMonty's name since, you know, he was so important in getting this done. I support this. The only question I have, Mr. Manager, this is coming -- our $2.5 million is coming from a loan from the Sunshine State? Mr. Hernandez: Yes, it is, Commissioner. Commissioner Sarnoff. So then we will have to pay that back with ad valorem? Mr. Hernandez: With non -ad valorem. Commissioner Sarnoff. Non -ad valorem. Mr. Hernandez: Where we have capacity to be able to take advantage of a low -interest Sunshine State loan. Commissioner Sarnoff. That's like a one or two percent loan? Mr. Hernandez: It's in that range. Commissioner Sarnoff. Okay. Mr. Hernandez: Andl think the most important thing here that needs to be mentioned is that our contribution of 2.5 million is capped. The assurance that we're getting from the Orange Bowl Committee is that they will handle any cost overruns. Commissioner Sarnoff. Okay. Thank you. Chair Sanchez: All right. Any further discussion? My concerns have been addressed on the substitution that has been made. I just wanted to make sure that we did have provision in place to assure that the $2.5 million coming -- you know, we would have -- not just turn over the money and -- I'm okay with it now, but let me just state that the issue is that it comes back for us and then, of course, we're going to have to waive the competitive bidding which clarifies that, which was a concern that I had with Legal at the beginning, so that's taken care of. Having said that, any time that you have this type of legislation in front of this City, where you have a great organization that has really showcased its true colors in this community for so many years, and you have local government partnering up with you, along with the School Board, it is a win -win situation for us. We have a great opportunity, and at times, I know we've been criticized here for supporting and putting money into projects that you've done. It is the best investment we can make when we invest in our children, andl know, having said that, Superintendent, you hear that all the time. The service that you provide for us and the service that we will be providing working together on this new park will be incredible to our children now, and it's all about providing the best level of service when it comes to our parks. That's something that I take great pride in saying that I've supported this Commission, I've supported the Mayor of the City of Miami because his initiative has always been that we often got criticized for having the worst parks, maybe in the nation, and we've done a tremendous job under the leadership of the new director in the parks and putting money, taxpayers' money into our parks. If you drive around our cities and you see our parks today, what a big difference. And the difference is clearly stated when you talk to people that have benefited from those parks. Just like when you go to Grapeland Park and you talk to the parents and the kids that are out there, they say that's the City ofMiami Page 30 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 best dollars spent in this community. Jose Marti Park right now with the gym was the same thing. And I'm sure when this football stadium is completed, it's something that we could all be very proud of. So I'm comfortable with the issues that I have; it's coming back to us. I thank Legal for bringing it out and the Administration, and of course, the Administration sitting down with you and ironing those issues. So I'm very proud to support this legislation. I know it's coming back to us. Vice Chair Spence -Jones: Mr. -- Chair Sanchez: So -- Vice Chair Spence -Jones: I just want to just have -- Chair Sanchez: Madam Chair [sic], you're recognized for the record. Vice Chair Spence -Jones: No problem. Ola, if you can put officially on the record -- because I would like to also make sure that we're clear that the charrette that we're doing for the building itself is happening. On what day is it happening? Ola Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. The charrette is happening on November 15, starting at 9: 30 to 12 p.m. Vice Chair Spence -Jones: Okay, so I just wanted to make sure that we have the support from the City to make sure that whatever we need from the City's side of it, we're prepared to take community's input 'cause that's the one thing that we haven't really had an opportunity to do, so we want to be able to have that information out for those residents that are coming for what Orange Bowl is planning on doing and also what is going to happen with the new building. And Allapattah, Commissioner Gonzalez, I would really like to make sure that Allapattah NET (Neighborhood Enhancement Team) is involved with getting that information out to the Allapattah residents. Mr. Aluko: IfI may. IfI understand you correctly, you would like us -- Chair Sanchez: Name. Mr. Aluko: -- to -- Chair Sanchez: Name, sir, please. Your name. Mr. Aluko: Ola Aluko -- Chair Sanchez: Thank you. Mr. Aluko: -- City ofMiami. You would like us to inform the residents of the Allapattah neighborhood? Vice Chair Spence -Jones: Yeah. I need -- 'cause that's really -- right across the street -- well, that's really -- we share that park. Mr. Aluko: I would say that we could do this through the NET office. Vice Chair Spence -Jones: Yes. Mr. Aluko: Yes. Very well. City ofMiami Page 31 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: Yes. We just need to make sure that information gets out. Chair Sanchez: You know, we need to clarify the boundaries between Allapattah and Overtown, you know. Vice Chair Spence -Jones: This is not Overtown; it's Liberty City. It's closer. Chair Sanchez: All right, Liberty City. All right. Any further discussion on the item? If not, I believe we're ready to vote. It is a resolution that does not require a public input or a public hearing. All right. It is a resolution. It has been -- there's been a motion, a second, and there's been discussion. Oh, one last question. I forgot. It was going to be my question for cost overrun. That's the most important, and l forgot. Mr. Hernandez: Mr. Chairman, they will be, in essence, handled by the Orange Bowl Committee. Chair Sanchez: All right. Mr. Hernandez: Our contribution will stay capped at 2.5 million. Chair Sanchez: All right. And once again, the reason -- the concerns that we had is we didn't want to jeopardize this great project of having somebody challenge it based on the discussion that we've had with Legal and the Administration, but I guess that's been taken care of and we're okay to move forward All right. 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." It passes, 5/0. Congratulations to all. Pleasure to see you, Superintendent. Hope you visit us often. Thank you. Yes. Phyllis Oeters: Phyllis Oeters, incoming chair of Orange Bowl. We just want to thank you so much, and it's really a colorful and a great day. Today also happens to be Red Ribbon Day, Say No to Drugs, and we know the connection with keeping our kids busy, and in those parks is keeping them out of trouble. So we thank you. And I'd also just like to at least introduce our other two Orange Bowl members, Sean Pittman, who flew down -- Chair Sanchez: Please do. Ms. Oeters: -- from Tallahassee and Edgar Jones. Chair Sanchez: Good to have you all down here. Thank you so much. Appreciate it. Vice Chair Spence -Jones: And that's the park. Mr. Spring: Mr. Chair, I forgot to bring the rendering, the site plan. I'll just pass this around real quickly so you can take a look at what it -- Chair Sanchez: Why don't you hold it up so the cameras could see it a little bit. Commissioner Sarnoff. Larry, your timing is exquisite. Vice Chair Spence -Jones: I know. We got it, Larry. Chair Sanchez: All right. Thank you -- City of Miami Page 32 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: Thank you. Chair Sanchez: -- so much. Moving on. We'll move on to RE (Resolution) -- Commissioner Sarnoff. I don't think you need to work for DHL (Dalsey, Hillblom and Lynn). Mr. Spring: Thank you very much. END OF RESOLUTIONS City of Miami Page 33 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 PART B: PLANNING AND ZONING ITEMS Chair Sanchez: And now, yes, after 10 o'clock, we could go to the PZ (Planning & Zoning) items. Madam Attorney, read the procedures to be followed under PZ items. Then we'll have the City Clerk swear in anyone who will be testing in front of this legislative body. All right. Maria J. Chiaro (Assistant City Attorney): PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, or MUSP (Major Use Special Permit), and make its recommendation. There will be no land use changes on the agenda today. The appellant or petitioner will present the request. The appellee, if applicable, will present its position. Members of the public will -- 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, can we swear in all those that are -- will be speaking on any of the items pertaining to PZ or giving any testimony. Pamela E. Burns (Assistant City Clerk): Please stand up and raise your right hand, please. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Please be seated. [Later...] Chair Sanchez: All right. Listen, for the record, PZ.9, PZ.10, and PZ.16 will be heard at 2 o'clock coming back from our lunch break. I was going to try to get you out of here quick, but it doesn't look that way. We still have a lot of PZ (Planning & Zoning) items to get through. [Later...] Chair Sanchez: Once again, PZ.9, PZ.10 and PZ.16 will be heard at 2 o'clock when we get back from our lunch break. We're going to break at 12. All right. [Later...] Chair Sanchez: (INAUDIBLE) lunch recess. We're back at 2 o'clock. First item on the agenda, following the order of the day, we'll pick up PZ.9, PZ.10, and then we'll pick up his PZ.16, which are all companion items. PZ.9 is the overlay of the zoning, 16.2, which creates a development; and PZ.10 is the atlas change, and then, of course, we'll take up PZ.16, which is development agreement, Miami Worldcenter. Follow [sic] those items, we will take up PZ.14 and PZ.15. PZ.1 07-00345xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A City of Miami Page 34 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. 07-00345xc Analysis.PDF 07-00345xc Zoning Map.pdf 07-00345xc Aerial Map.pdf 07-00345xc Letter of Intent.pdf 07-00345xc Application & Supporting Docs.PDF 07-00345xc Plans.PDF 07-00345xc ZB Reso.PDF 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345xc CC Legislation (Version 3).pdf 07-00345xc & 07-00345ww Exhibit A.pdf 07-00345xc CC 11-13-08 Fact Sheet.pdf LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with conditions* to City Commission on September 8, 2008 by a vote of 5-2. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345ww. *See supporting documentation. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace. NOTE: File previously known as 07-00345x. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Okay. Any other PZ (Planning & Zoning) items that either the applicant or the Administration is requesting to continue or defer? Sir, you're recognized for the record. Santiago Echemendia: Mr. Chairman, Santiago Echemendia, 1441 Brickell Avenue, on behalf of Grove Harbor Marina. We'd like to request a deferral 'til November 13. Chair Sanchez: Okay. Commissioner Sarnoff. So moved. Chair Sanchez: All right. This -- let's get this straight. This is -- was in front of us for a vote, City of Miami Page 35 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 okay. It was properly advertised, processed, both sides had ample time to present their cases. It's in front of us to a vote. So basically, what we're asking is defer on the vote 'til November 13. All right. The motion has been made by Commissioner Sarnoff. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: Second by both Commissioner Regalado and Commissioner Sarnoff [sic]. Any - Pedro G. Hernandez (City Manager): Mr. Chairman, I just wanted to clam that this is PZ.1 and 2. Commissioner Gonzalez: Right. Mr. Hernandez: PZ.1 and 2. Chair Sanchez: PZ.1 and PZ -- they're companion. PZ.1 and PZ.2. Okay. The second was proffered by Commissioner Sarnoff [sic]. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay, the item has been deferred to November 13. It'll be the first item on the agenda for a vote. Okay? Mr. Echemendia: Thank you, Mr. Chair and Commission. Chair Sanchez: Thank you. Mr. Echemendia: Thank you. Commissioner Sarnoff. Thank you. PZ.2 07-00345ww RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACK, AS SET FORTH IN SECTION 3(mm)(ii-iv) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FROM 50 FEET 0 INCHES TO 22 FEET 6 INCHES TO THE NEAREST POINT BETWEEN THE NEW STRUCTURE AND THE BULKHEAD, FOR THE GROVE HARBOUR MARINA AND MARKETPLACE PROJECT, TO BE LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. City of Miami Page 36 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 07-00345ww Zoning Map.pdf 07-00345ww Aerial Map.pdf 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345ww Letter of Intent.pdf 07-00345ww Application & Supporting Docs.pdf 07-00345ww Plans.pdf 07-00345ww CC Legislation (Version 1).pdf 07-00345xc & 07-00345ww Exhibit A.pdf 07-00345ww CC 11-13-08 Fact Sheet.pdf LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345xc. *See supporting documentation. PURPOSE: This will allow fewer setbacks than required for the Grove Harbour Marina and Marketplace project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones [Note for the Record: For minutes related to item PZ.2, see companion item PZ.1.] PZ.3 08-00902mm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE PREVIOUSLY APPROVED BRICKELL VIEW MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE HAMPTON INN & SUITES PROJECT, TO BE LOCATED AT APPROXIMATELY 30 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, TO MODIFY PHASE II OF RESOLUTION NO. 01-133 FROM A MIXED -USE RESIDENTIAL BUILDING STRUCTURE TO A HOTEL BUILDING STRUCTURE WITH APPROXIMATELY 221 LODGING UNITS, APPROXIMATELY 8,870 SQUARE FEET OF RESTAURANT SPACE AND APPROXIMATELY 1,775 SQUARE FEET OF RETAIL SPACE, WITH THE HOTEL BUILDING STRUCTURE HAVING AN APPROXIMATE HEIGHT OF 155 FEET 6 INCHES N.G.V.D AT TOP OF MAIN ROOF SLAB AND WILL PROVIDE APPROXIMATELY 212 OFF-STREET PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); MAKING FINDINGS OF FACT AND STATING City of Miami Page 37 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00902mm Zoning Map.pdf 08-00902mm Aerial Map.pdf 08-00902mm Projects in the Vicinity.pdf 08-00902mm PAB Reso.PDF 08-00902mm Outside Cover.PDF 08-00902mm Inside Cover.PDF 08-00902mm Table of Contents.PDF 08-00902mm I. Project Information.PDF 08-00902mm I.A. Letter of Intent.PDF 08-00902mm I.B. Major Use Special Permit Application - Substantial Amendment.PDF 08-00902mm I.C. Approved Major Use Special Permit 01-0133.PDF 08-00902mm I.D. Zoning Write-Up.PDF 08-00902mm I.E. Zoning and Comprehensive Plan.PDF 08-00902mm I.F. Project Data Sheet.PDF 08-00902mm I.G. Public School Concurrency Application.PDF 08-00902mm I.H. Deed.PDF 08-00902mm I.I. Ownership List.PDF 08-00902mm I.J. State of Florida Documents.PDF 08-00902mm I.K. Directory of Project Principals.PDF 08-00902mm II. Project Description.PDF 08-00902mm III. Supporting Documents.PDF 08-00902mm III. Tab 1. Minority Construction Employment Plan.PDF 08-00902mm III. Tab 2. Traffic Impact Analysis.PDF 08-00902mm III. Tab 3. Site Utility Study.PDF 08-00902mm III. Tab 4. Economic Impact Study and Environmental Study.PDF 08-00902mm III. Tab 5. Survey of Property.PDF 08-00902mm III. Tab 6. Drawings Submitted.pdf 08-00902mm Analysis.pdf 08-00902mm Miami -Dade Aviation Department.pdf 08-00902mm CC Legislation (Version 2).pdf 08-00902mm Exhibit A.pdf 08-00902mm Exhibit B.pdf 08-00902mm CC Fact Sheet.pdf 08-00902mm-Submittal-Hospitality Operations.pdf 08-00902mm-Submittal-Correspondence. pdf LOCATION: Approximately 30 SW 12th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Bernard Wolfson, Trustee Owner and Brickell Hotel Group LLLP, Applicant FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 17, 2008 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the substantial modification of the Hampton Inn & City of Miami Page 38 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Suites project. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0614 Chair Sanchez: Let's move on to PZ.3. PZ.3 is a resolution. All right. Before you go on that, we will take up -- for clarification, we will be taking up, when the time comes, PZ.9, 10, followed by PZ.16. They should have been in order, so we'll bring them up and we'll vote on them when we vote on them after the presentation. All right. PZ 3. Yes, sir. Roberto Lavernia (Chief of Land Development): Good morning. For the record, Roberto Lavernia, with the Planning Department. PZ.3 is a Major Use Special Permit substantial modification to the previously -approved Brickell View for the Major Use Special Permit for the Hampton Inn and Suites. It's going to modin, the phase two of Resolution 01-133 from a mixed -use residential building structure to a hotel building structure with approximately 221 lodging units, 8,870 square foot of restaurant space, and approximately 1,775 square foot of retail space. It's going to have 212 off-street parking spaces. The Planning Department recommend approval and the Planning Advisory Board recommend approval with conditions to City Commission. The condition of the Planning Department, number 11, is pursuant to design -related comments received by the Planning director, the applicant shall meet the following conditions prior to the issuance of a building permit. A, integrate the parking garage into the building architecture in all facades; B, parking garage must be screened from the site of adjacent property; C, provide details of the material proposed to cover the garage opening and indicate how all vehicles and mechanical system within the garage will be concealed from view; D, the east and west facades shall include windows; E, a continuous canopy of shade trees along the -- all the street frontage must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features; F, enhance the landscape buffers along the western side perimeter by providing tiered layers of planting, including shade trees, (UNINTELLIGIBLE), palm, shrubs, and ground cover to create a lush buffer; and G, provide details of the landscape planters located in the parking garage. Landscape planter must be provided every two floors to ensure that the green screen -- properly screen the negative effect of the garage; and H, compliance prior to TCO (Temporary Certificate of Occupancy) issuance with condition of sufficiency letter prepared by the City traffic consultant on WO (Work Order) Number 193 of July 9, 2008. The applicant has been working with the City and some of these conditions are -- have been addressed, but still we will review all of this at the time of building permits. Thank you. Vice Chair Spence -Jones: Okay, staff has presented or -- is the --? Adrienne, are you ready? Adrienne Pardo: I am. Thank you. Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here today on behalf of Bernard Wolfson, trustee, as the owner of the property, and Brickell Hotel Group, as the applicant. We're here before you today for a substantial amendment to a Major Use Special Permit to seek approval of a Hampton Inn and Suites, which will be located at 30 Southwest 12th Street. With me here today is Bernard Wolfson, the owner, Howard Wolfson, regional manager for Hospitality America, Inc.; we have Israel Beagleman, our architect, Richard Garcia, our transportation consultant, Andrew Dolkart, our economist, and we have our full team, and you have the Major Use Special Permit substantial amendment book before you with all of the reports with regards to this particular project. During our presentation I'm going to give you the overview of the project and will also have Mr. Dolkart address the benefits that this project will bring to the City ofMiami, and Mr. Wolfson will also address the Hampton Inn and the benefits and what it provides to this community. The Wolfsons are the owners of three other Hampton Inns, two of which are located City ofMiami Page 39 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 in the City of Miami, and they have one in Fort Lauderdale. They also have a Wingate by Wyndham in Miramar. They have a long-standing relationship as a Hampton franchise developer, owner and manager. They have a proven track record in the City ofMiami, and they take great pride in their Hampton Inns and their hotels. They're ready to proceed with this particular development. It's -- it'll be a hotel which will be affordable and reasonably priced for this community. And they're also planning to obtain LEED (Leadership in Energy and Environmental Development) certification for this Hampton, and Mr. Wolfson's going to address that in more detail. The reason we're before you as a substantial amendment is not because this particular building itself reaches the MUSP threshold, but only because the prior project was a Major Use Special Permit. There were two phases in the prior project; phase one was Brickell View, which was built. It's now called the View, and it's a 323 residential condominium building. The second phase where this property is located and you can see on the aerial over there -- so we have Brickell View, phase one, which is known as the View today. It's a condominium building with 323 residential units. It's right here and it fronts on South Miami Avenue. And then this is phase two right here where the proposed Hampton will be, and it's on a small side street, 12th Street, so we have that here. And it was originally proposed to have 277 residential condominium units. What we're proposing for the Hampton is 221 hotel rooms. And just to give you an idea, this is a picture of the original approval. This is the building that was built, and this is the prior -approved residential building. And then just to show you -- and then this one gives you an idea -- this was the prior -approved building, which was 29 stories, and the proposed Hampton is at 15 stories. And then this is the View that's already built. Now I'd like to go through with you just real quickly to give you an idea of what we're proposing. This particular project is in the SD-7 district, the Central Brickell Rapid Transit Commercial Residential District, and want to go through with you everything that he's proposing 'cause he didn't seek to max out this property at all. It's really -- he looked at it. He determined that this is a perfect location for a Hampton Inn. He wasn't seeking to max out just for the sake of maxing out and development. That wasn't the goal at all. He could have 860 hotel rooms. Instead, we're proposing only a fourth of that, 221. He could have 98,000 square feet of nonresidential use. Instead, we are proposing one -ninth of that, 10,625. He could have a total of 350,000 residential and nonresidential; instead, one-third of that, only 113,000 is being proposed. You're allowed to have unlimited height in this particular district, and as I showed you, the prior project had 29 stories. He's requesting 15 stories, half of that. With regards to the parking, we're providing additional parking, there'll be sufficient parking. And also, the beauty of this site is that it's only a half a block from the Metromover and Metrorail station, so they're going to encourage that with regards to their employees and their guests who stay there to be able to use the Metrorail and the Metromover. With regards to design of this particular project, one of the things that he changed before, it had loading that backed out onto 12th Street, and we brought all the loading interior. And we spent a lot of time on the design of this particular building. He's been working on this for over a year with the City's Planning Department. Some of the issues have been with regards to the exterior design of the building, and originally, it was -- it didn't have any glass in front. Now we had added glass. We've been working to integrate it. This is the latest design that we came up with. This is the parking garage, so you can see that it's screened and it's lined with glass. Actually, this upper floor here has offices and is the hotel lobby. And then what we did is we added these solid windows here to integrate it, and we brought these blue lines down. So we've gone through an evolution working with the Planning Department. The Planning Department's been very patient, extremely helpful with us. It's not a Four Seasons, and they don't charge Four Seasons prices, and that's why they can -- there're some other buildings in downtown Miami -- the Axis recently went up and it has a lot of glass, and obviously, the Four Seasons and Espirito are solid glass, but they charge solid glass prices, and this building can't afford to do that. They want to be reasonably priced. They want to be affordable to businesspeople who come to town. They want to be affordable to the neighborhood in the area. If somebody has relatives who are coming in town and they don't have room in their house, that they would be able to stay here and have a reasonably priced hotel room. Also, Mr. Wolfson's going to go through all the details, everything that the Hampton Inns provide, which is really a luxury -- when you pay the price for the hotel room, that's all you pay. You don't get City ofMiami Page 40 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 nickel-and-dimed for everything else. You have free coffee, free breakfast, lots of free things are included; free Internet -- right, free Internet? Now you do have free Internet. So we're requesting your approval. We think it's a fabulous project. We think it's a great addition for the City. It's something that's needed. It'll promote development. Right now the residential market, with the, you know, condominiums just is not moving forward, and this is a project that's ready to move forward. It'll provide jobs. So with that, I'm going to have our economist just very quickly -- you want me to --? Well, he needs to tell you -- just to put on the record -- just very quickly, I'd like him to tell you the benefits of the project and then Mr. Wolfson would just like a few minutes of your time since he's spent over a year working on this project. Andrew Dolkart: Good morning. My name is Andy Dolkart, with Miami Economic Associates, offices at 6861 Southwest 89th Terrace. Our role was to look at the economic and fiscal impacts -- or benefits that this project could provide to the City and I'll just summarize those very quickly. Once built it will provide the City with an estimated $365, 000 annually in general ad valorem -- general fund ad valorem taxes, as well as additional monies with the City's debt service fund andDDA (Downtown Development Authority). It also will be paying taxes to other entities of government that affect the lives of City residents, such as the County, $228, 000 annually, and the School Board, $375, 000 annually, and will be generating roughly $700, 000 in tourist tax revenues. Once built, the project will provide 135 permanent jobs on site, and the people staying in the hotel will be estimated to spend $23 million during their visit here for lodging, food and other expenditures. Thank you. Chair Sanchez: All right. Bernard Wolfson: Good morning, Commissioners. Thank you very much for hearing us. As Adrienne said, we've been working on this for over a year. We bought the land. We closed on the land just about a year ago, but we were talking with the City prior to our acquisition of the property. We're here to seek your approval, as Adrienne said, and I know many of you know what a Hampton Inn is; hopefully, you've had the opportunity to stay there. We think that this product in downtown Miami is what we need in down -- we certainly don't need any more condominiums that were planned for this project, and what we've done is downsized it to put in what we feel will work. We currently operate two successful Hampton Inns here in the City of Miami. The first one was in Coconut Grove, in Commissioner Sarnoff district. We have one in Commissioner Gonzalez's district -- I see he stepped out for a moment -- it's over by -- in the Blue Lagoon section. As a matter of fact, the manager of that property is here with us today, and he's been very helpful in having us move this along. We know how to operate a Hampton Inn. We know what product it takes to make for a successful Hampton Inn, and that's what we're going to do at this project. We're mid -priced. We give the guest -- everything's included that's offered. We don't provide meals. We do give them a free breakfast. We do have free fruit during the day, 24 hours. We have free coffee and tea and hot chocolate in our lobby 24 hours a day. In the room -- first off throughout the hotel, there's high-speed Internet access, wired and wireless. There's no charge for using the business center. There's no charge for using the exercise rooms. We're going to have a room that's comparable to the high -end hotels, maybe with not as fancy draperies or as fancy furniture, but we're going to have flatscreen LTD [sic] TVs (Televisions). We have an operating safe that's guest -operated in the closets, at no charge. Let me see ifI missed -- We have free local telephone calls, free 800 access. Welcome back, Commissioner Gonzalez. I just commented that one of our hotels is in your district in the Blue Lagoon area. We have a 24-hour fruit and beverage service in the lobby, which I already said. What's very important and interesting about a Hampton Inn and unique to our industry, if a guest is not satisfied, hundred percent money back guarantee. We don't ask questions. We do get some abuses, but doing that makes sure our staff is on top of it. They don't want to give the money back to the guests, so they make sure the guest is satisfied, and we've found that that's been a very effective tool not only in our hotels, but that's a Hampton Inn standard throughout the industry. We seek that you look at this project in its entirety. Design obviously is important, and we think we've come up with a very nice design. It was designed by Israel Beagleman, who City of Miami Page 41 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 has designed all of the other Hampton Inns that we've built here in South Florida. We're going to provide a modern mid priced hotel serving the downtown market and the Brickell financial district. Right now somebody needing to be down there only has high-priced hotels, which are fine and meet a need, and we'll work with those high-priced hotels, but now we have an alternative for downtown. What's very important, we're going to employ 125 -- approximately 125 people in the -- within the hotel and the restaurant that'll be there, and these will be predominantly at entry-level wages, so we seek to provide something downtown that's going to be beneficial to the community as well as to the traveling public. We anticipate -- of course, there'll be an 18- to 20-month construction period during which time we'll be employing a number of construction workers, and we feel we'll contribute substantially to the local economy in sales tax and ad valorem taxes. As Adrienne pointed out, we're looking to down -size this property, not increase it, which is usually the case that developers that seek to modifi, a MUSP. But there's no provision for modifying a MUSP downward, so we had to go through this procedure. We appreciate your understanding of that. And also what's important is we're going to create an additional substantial base for use of the Metrorail system. We're a half a block away from the Metromover, the Brickell Station, and the Metrorail station. Our employees will be encouraged to use it and our guests, once they arrive at our hotel, can get anywhere downtown, as you know, all the way to Omni, on -- I think -- is the Metromover still free? But even if it's a quarter or a dollar, it's still better than parking downtown and trying to navigate traffic if you're not familiar in the city. So we think that's a tremendous asset, not only to Brickell, but to all of downtown to afford this. As Adrienne said, we intend to be green. We're checking various organizations; LEEDs is one. There's others that will give us green certification. We're looking and exploring -- even yesterday, we were meeting with people. We're going to use a double flush toilet. I don't know if you're familiar with -- excuse me, a dual flush, where you -- it's a half a flush for -- if all you need is a half a flush, and a full flush for solid waste. That's going to save water. I mean, it seems unique, but that's where the future is. We're going to try to harvest the rain water for irrigation. We're looking into that. We're talking to the -- Gentlemen, you seem to think that's humorous. Chair Sanchez: No, no, no. No, it's not. We have them here at City Hall. Mr. Wolfson: Oh, you do? Chair Sanchez: Yes. Mr. Wolfson: Okay, great. Then that's -- then we're -- Chair Sanchez: We practice what we preach. Mr. Wolfson: Good. Then I'm following your lead. We're going to -- we've talked to the laundry people about harvesting the rinse water from the laundry to reuse it again for the first wash when we do a next load. So wherever possible, we're looking for conservation. We're also going to utilize recycled materials in construction, wherever is reasonably possible. We're going to designate preferred parking spaces for hybrid cars and also electric cars, and we may even have outlets in the parking lot in certain spots for electric cars to recharge, which we feel is one of things in the future. We try to stay ahead of the curve, and we have stayed ahead of the curve. As Adrienne said, we plan to proceed with all due dispatch as soon as -- you know, following your approval. We're starting to work on our construction drawings. We hope to have them done in a few months. We're going to submit them for permitting. We have to do financing. I've already talked to lenders. They're excited about our project. I don't know what the final outcome's going to be, but I think a project like this will be able to obtain financing, perhaps not as desirable as I could get a few months ago, but I think -- I know financing is available. We would hope to start construction in the first quarter and then have our grand opening about two years from now at the end of '10, and you're all invited to the grand opening. I certainly hope you'll be with us and be able to attend. That's about it. We feel we've presented a plan that will City of Miami Page 42 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 work. We seek that you look at the project in its entirety and not just at the amount of glass but exactly what we're going to be doing to the community. Our plan not overly optimistic. It's one that can move ahead and will move ahead. Thank you very much for your consideration. Pamela E. Burns (Assistant City Clerk): And sir, we need you to identify yourself on the record, please. Mr. Wolfson: Yes. I'm Bernard Wolfson, residing at 3471 Main Highway, here in Coconut Grove, and I'm the owner of the land and the development entity. Chair Sanchez: Thank you very much, sir. I have an announcement. Someone dropped their wallet underneath a seat in the chamber. The security outside has your wallet. So if you reach back and you don't feel your wallet or have your wallet, the security's got it for you. All right. Ms. Pardo: Also, I just wanted to mention we had handed out a brochure that shows you the Hampton Inns, and we also have some letters of support that we included in there 'cause we were working with our surrounding neighbors. Chair Sanchez: In conclusion. Ms. Pardo: Pardon? Chair Sanchez: In conclusion. Ms. Pardo: In conclusion, we would request that you approve this substantial modification to the MUSP, and we would hope that -- we're asking you to approve it per our plans on file that we're submitting before you. Chair Sanchez: All right. That concludes your presentation? Ms. Pardo: Yes. Chair Sanchez: Okay. Ms. Pardo: That concludes it. Chair Sanchez: Is --? Well, we need a motion and a second. Commissioner Sarnoff. Let me move to approve it -- Vice Chair Spence -Jones: Second. Commissioner Sarnoff. -- with conditions. Chair Sanchez: All right. There's a motion and a second. The motion has been proffered by Commissioner Sarnoff, second by the Vice Chair. Before we put the conditions into the record and before we open it up for discussion, it is a PZ (Planning & Zoning) item requiring public participation. Anyone from the public wishing to address this item, please step forward and identifi, yourself. Seeing no one, the public hearing is closed, coming back to the Commission. Commissioner Sarnoff, you're recognized for the record for discussion and the conditions. Commissioner Sarnoff. Well, I think this is a product that's really gone through a big evolution. Downsizing is always nice to see somewhere around Brickell. I think this type of hotel is certainly needed, especially very close to downtown. The conditions that I'm going to recommend that this Board accept will be the conditions proffered by the Planning Advisory City of Miami Page 43 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Board, as well as by Planning Department, which I think are consistent and they're the same. You know, my congratulations to you. I think it's a great product. I think it's a good use of the land, andl'm, you know, looking forward to you being here, Mr. Wolfson. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: I just want to see -- Adrienne, did you have something to add to Commissioner Sarnoffs comment? Ms. Pardo: Well, we were -- one of the conditions by the Planning Department -- we had revised our plans -- you know, we've been going through it several times to integrate the bottom. We think what's before you is a really nice product. The Planning Department's been great. We've been working with them through internal design review. I have the last comments, which basically say that they want us to integrate the parking garage further, and they want us -- they had concerns about the amount of grillwork on the street front facade. My concern is with regards to including those conditions, that you don't know when the end would be in a sense as far as getting to the point that would satisfy them, so ifI could just talk to my client a second to see if there's anything else that he could -- Vice Chair Spence -Jones: Yeah. I just wanted to make sure that before we officially approve it, this is, you know -- Ms. Pardo: Right. Vice Chair Spence -Jones: -- whatever the conditions are -- Ms Pardo: Proffer it. Yes. Because my concern is, I want to -- I'd like to be able to get it approved so he can move forward and go to construction drawings. If we leave it open with regards to the comments, then I don't know how much longer -- 'cause we've been going to IDR (Internal Design Review) for over a year now. It's not as if -- Vice Chair Spence -Jones: So, Ms. Pardo, just take a minute to talk to your client, and then I'll have my comments afterwards. Ms. Pardo: Could -- if -- What my client's proposing to do -- let me turn this back on. Commissioner Sarnoff, you see these three windows here? Commissioner Sarnoff Um -hum. Ms. Pardo: If we added three more glass windows there and three more there, so this whole area was glass, would that be fine and then we could get the approval today and go forward with our working drawings? Commissioner Sarnoff That'd be acceptable. Chair Sanchez: All right. It's been accepted -- well, as the condition, okay. All right. Ms. Pardo: But that'll be the only additional design condition. Chair Sanchez: That's it. Ms. Pardo: That's it. Chair Sanchez: Based on what -- City of Miami Page 44 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Pardo: Okay. Chair Sanchez: -- is proffered on the record. Okay, there's a motion and a second. Let me -- anyone else want to discuss the item? Chair Sanchez: Do you understand each other? Mr. Wolfson: I just want to be sure 'cause I don't want to -- I mean, I want to end this today. I like seeing you guys, but -- Chair Sanchez: Well -- Vice Chair Spence -Jones: And that's why I want to make sure that before we -- Chair Sanchez: Sir -- Mr. Wolfson: Right. Chair Sanchez: -- state your name on the record. Mr. Wolfson: Bernard Wolfson. Chair Sanchez: Right. Mr. Wolfson: I just want to make sure what we have done here in the center with -- Chair Sanchez: You'll do -- Mr. Wolfson: -- three windows -- Chair Sanchez: -- on sides, on both sides. Mr. Wolfson: -- we're going to do it -- instead of the two windows that now -- Chair Sanchez: Yeah. Mr. Wolfson: -- shows, it'll be -- Commissioner Sarnoff. Correct. Mr. Wolfson: -- identical to this here and here. Commissioner Sarnoff. Correct. Mr. Wolfson: Is that the understanding? Commissioner Sarnoff. That's -- that is what we're saying. Vice Chair Spence -Jones: And Ana, is -- I just want to make sure Planning is okay with -- is that what --? Ana Gelabert-Sanchez (Director, Planning): Yeah. I think the other concern was -- Chair Sanchez: Need to state your name -- City of Miami Page 45 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: Put your name on the record. Ms. Burns: Sorry. We need you on the record. Vice Chair Spence -Jones: Okay. Chair Sanchez: Listen -- Vice Chair Spence -Jones: Just do it -- Ms. Gelabert-Sanchez: I think the other concern -- I'm sorry. The other concern that Planning had was on the elevation that there was grillwork, and what we were asking was that the grillwork would be substituted with more glass. In that rendering, it's not as -- not depicted as the ones we have at the office, where it shows you have a combination of glass and grillwork -- Mr. Wolfson: Right. Ms. Gelabert-Sanchez: -- and the -- we were seeking for less grillwork, more glass. Mr. Wolfson: All right. Let me address that. You're referring to the area here, which is the parking garage. We have a grill, a louvered grill, we have glass and then a louvered grill again. We need the louvered grill for circulation, for ventilation because -- and that's an energy situation. If we have to put in fans, we're defeating the energy use, so the more open that is, the better it is. It'd be better to have all grill, but we don't want to do that. We want to put the glass in there 'cause it is attractive and it blends with the rest of it, so that's the reason for that. It will be attractive aluminum, and so in effect -- it doesn't show here. It shows here as black, but it'll be more aluminum in color and it'll match the framing of the windows and metal throughout the facade. Chair Sanchez: All right. Mr. Wolfson: Okay? Chair Sanchez: So -- Vice Chair Spence -Jones: So Ana, you're fine with that? Ms. Gelabert-Sanchez: I understand the statement. What I guess I would ask if there's any -- I understand that the ventilation has to be -- if there's a way that it could be reduced, that you still can have the open ventilation but have more glass, it would be appreciated. Mr. Wolfson: Okay. What -- let me say this. What we'll explore is using metal but not louvers, but some type of opening, perhaps circles or design or something like that. I'll talk to the architects about that, but we will make an effort to avoid the louvers but keep it metal or metal -appearing and then have some openings in it for ventilation. Is that satisfactory? Ms. Gelabert-Sanchez: We'll work with you on that, yes. Mr. Wolfson: Okay. Chair Sanchez: All right. Those are the conditions that have been proffered, and the applicant has accepted those conditions. Still, the item is under discussion. Hearing no discussion on the item -- Vice Chair Spence -Jones: Yes. I was just waiting for her to finish. City of Miami Page 46 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: Okay. Discussion, Vice Chair. Vice Chair Spence -Jones: First of all, I want to commend you guys on the project. I do think that downtown Miami, downtown Brickell does need alternatives. I mean, the hotels are -- many of them are extremely expensive, and when conventions and conferences do come in town, we need to provide, you know, our visitors with choices. So I, you know, think that it's great that we're going to have a Hampton Inn in the downtown Brickell area. I didn't know what the issue was because everybody kept talking about glass, glass, glass, but I guess I figured it out when Commissioner Sarnoff made his comments. I just -- you know, when we start looking at the economy and what's happening right now in the City ofMiami or across the country, we know that jobs is going to be a huge, big issue for our residents. I know you spoke of the number -- I just want to be clear of the number of jobs that are going to come from this particular project for construction, from a construction standpoint, if you have an estimate on that, and also from just a regular operational standpoint -- from a regular operational standpoint. Do you --? Ms. Pardo: Yes. Mr. Wolfson: I can't advise or tell you about construction. That's not my field. I can talk to you about the hotel, which I will. But Mr. Dolkart is here, and he -- Vice Chair Spence -Jones: I just want to know -- I would like to know the numbers. Just -- Ms. Pardo: We have that number. Mr. Wolfson: Pardon? Vice Chair Spence -Jones: I'd like to know the numbers. Give me the operational ones first while he's -- Mr. Wolfson: All right. We will employ, between the hotel and the restaurant, approximately 125 people, most of which will be entry-level people, and we take -- we pride ourselves in creating a team of diverse ethnicity, backgrounds -- Vice Chair Spence -Jones: Yes. Mr. Wolfson: -- and groups. We're very keen to that, and we take -- we do take pride in that. And that's what we're going to have downtown. Vice Chair Spence -Jones: Okay. Mr. Wolfson: So -- but we're going to open in two years, but until then, we'll -- obviously, a lot of construction people will be employed, but that I don't know 'cause I don't -- I hire the contractor. Vice Chair Spence -Jones: Okay. While she's looking for the -- Do you know the -- now that we approved this now, this project today, what -- when are you estimating a start point of --? Mr. Wolfson: All right. As soon as we get your approval, we're going to complete -- we've started working on the construction drawings. We're going to complete those and submit them to the City for permitting, and at the same time, I'll submit them to contractors to get some cost ideas. Hopefully, costs have come down, and that'll be a benefit. Likewise, room rates may have come down, but we'll know that as we move ahead. Once we have the cost estimates, while we're proceeding to permitting, I'll be talking to lenders. I'd like to start construction, let's say, mid -February, give or take a little bit. You know, it's hard to tell that. I didn't think this process City ofMiami Page 47 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 was going to take as long as it did, but hopefully, we can -- we don't have to go before boards, which are scheduled once a month; we can just move ahead. And then, once we start construction, it should take 18 to 20 months, 24 months tops, to complete the construction, which would be two years -- approximately two years from now or early '11. I'd like to do it by late '10 so we could open before the season. Vice Chair Spence -Jones: Okay. The only thing that I, you know, just wanted to just kind of officially put on the record, I mean, jobs not only before, you know, the hotel is built -- extremely important, especially in our economy right now, what's happening with people that live in all of our districts. I just would like to officially put on the record if there's a way to, Adrienne, and to you, sir, that every effort is made to at least reach out to local companies or residents in the area to make sure that they have the opportunity to work on these projects from a construction standpoint. I think it's extremely important, especially since people really need work right now. So I don't know if there's a way that, you know, there is some sort of proffer that can be made to at least say that you'll make every effort to, you know, do outreach in all of our districts to -- or at least throughout the City ofMiami to make sure that they have access to the construction -based jobs along with the operational -based jobs. Mr. Wolfson: All right. Well, as far as the construction jobs, I'm going to be dealing with a general contractor. I will put in my contract -- and if my team would remind me when it comes to that -- that the contractor, whoever he is, make a best effort to utilize local residents in the construction trades. But there's no way I can control that, other than recommending it and encouraging that it be done. And -- Vice Chair Spence -Jones: And l just think it's important for you to at least officially put it on the record to say that you will make every effort. Mr. Wolfson: Yes. Vice Chair Spence -Jones: 'Cause for all of us, at the end of the day, it's about jobs for the people that we serve. Mr. Wolfson: No question. That's one of the benefits of the project 'cause we know it's going to proceed ahead, not a condo project that obviously won't work today. Chair Sanchez: Commissioner -- Vice Chair Spence -Jones: And then last -- Chair Sanchez: Oh, I'm sorry. Vice Chair Spence -Jones: -- and last but not least is the -- regarding -- we have created a hospitality institute with all of the hotels in the downtown area that we definitely would love to have the same sort of partnership take place for the operational -based jobs. I would like to at least suggest that Adrienne and you guys also reach out to the CRA (Community Redevelopment Agency) to -- and also the DDA, for the hospitality -related training programs so that this can become an option for the folks that have been trained and gone through the programs. Mr. Wolfson: Okay. I'm not familiar with that, but my staff certainly is, and I'm encouraging them now on the record to look into it and see if they can integrate it even today in our operations and certainly in the -- Vice Chair Spence -Jones: Oh, wonderful. Mr. Wolfson: -- operation that's downtown. City ofMiami Page 48 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: Thank you. And l just want to say congratulations. I think the project is a great project. Mr. Wolfson: Thank you very much. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you. Just a brief comment. The main issue of our times and the next generation is energy. And l just -- I couldn't understand why would you have to be defending an energy measure in front of the staff because if they ask me, looks and saving energy, the issue is saving energy, andl really congratulate you for what you're doing, recycling the water and the parking, because if you were told to use fans and air vents operated mechanical, you will be using a lot of energy. And l just think that this body should be more amicable to energy -saving measures, even if we have to just take the look that it needs to have. And the second need is jobs. So I -- we should take whatever job we can get. It's -- we don't know what is going to happen in six months, andl really -- I think you deserve a medal because you're going to start construction in February. Nobody knows what's going to happen in January or February or March, but I think it's important that this project should be recognized for the little things about saving energy andl congratulate you. Mr. Wolfson: Thank you. Chair Sanchez: All right. Any further discussion? Mr. Wolfson, I thank you for being so understanding and for having so much -- Mr. Wolfson: Thank you. Chair Sanchez: -- patience as we deal with your project here. I think this is the perfect use for that location, it really is. And as the Vice Chair stated, it's very important for us to afford people options when they come to Brickell and downtown, where to stay based on their economy. Andl know you provide -- the Hampton provides an excellent service to all those that stay. And also, based on this development taking place in this -- these economic times, I mean, we should be very grateful that this is a project that I know will be built, and of course, provide jobs and help our economy. So I just wanted to thank you and thank your staff for working with the City, and of course, the Commissioner who proffered some of the conditions. So once again, congratulations to you. Mr. Wolfson: Thank you, sir. Chair Sanchez: All right. It's been debated back and forth. I think there's a motion and a second. It is a resolution. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Motion carries, 5/0, with conditions. Ms. Burns: As modified. Chair Sanchez: As modified, with conditions. Thank you. PZ.4 07-01499ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE ALLEYS LOCATED BETWEEN NORTHWEST MIAMI COURT AND NORTH MIAMI AVENUE, NORTH OF NORTHWEST 20TH STREET, MIAMI, FLORIDA. City of Miami Page 49 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 07-01499ac Analysis.PDF 07-01499ac Zoning Map.pdf 07-01499ac Aerial Map.pdf 07-01499ac PW Analysis.pdf 07-01499ac Plat & Street Letter.pdf 07-01499ac Letter of Intent.PDF 07-01499ac Application & Supporting Docs.PDF 07-01499ac ZB Reso.pdf 07-01499ac CC Legislation.pdf 07-01499ac Exhibit A.pdf 07-01499ac CC Fact Sheet.pdf LOCATION: Approximately Between NW Miami Court and N Miami Avenue, North of NW 20th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony Recio, Esquire and Estrellita Sibila, Esquire, on behalf of Southern Waste Systems, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on July 3, 2008 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on September 22, 2008 by a vote of 8-0, accepting the proffer of the additional dedication by the petitioner in order to provide a continuation of the proposed twenty -foot alley along the northern portion of the site. *See supporting documentation. PURPOSE: This will allow a unified development site. 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 R-08-0615 Chair Sanchez: All right. Let's move on to PZ.4. PZ.4. Yes, sir. Roberto Lavernia (Chief of Land Development, Planning Department): For the record, Roberto Lavernia. The item PZ.4 is the closing, vacating, abandoning, and discontinuing for public use an alley located between Northwest Miami Court and North Miami Avenue, north of Northwest 20th Street. The Planning Department recommend approval, Public Works recommend approval, Plat and Streets recommend approval with conditions, and the Zoning Board recommend approval to City Commission accepting the proffer of the additional dedication by the petitioner in order to provide a continuation of the proposed 20-foot alley along the northern portion of the site. We have an increase of seven square footage more that the applicant is offering. Chair Sanchez: Okay. Before we identify the applicant and allow him to put his testimony, is there anyone here wishing to speak on PZ.4 when we open up to the public hearing? PZ.4, is there anyone here speaking on this item or would want to speak for or against this item? Okay. City of Miami Page 50 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 If not -- Gilberto Pastoriza: Mr. Chairman, Gil Pastoriza, 2525 Ponce De Leon. And basically what we've done is following our hearing with the Zoning Board, what we request -- what we agreed to do was to extend -- basically, it's a relocation of an alley. We own -- we initially owned this property. We went out and bought this property. There was an alley that transversed -- 12-foot alley, which, by the way, is not paved is not used, is not wide enough for anything. Your Code requires a 20-foot alley so, in essence, there is an alley there that is not being used for its intended purpose. Then there's a small alley between these two properties, so what we -- our intent was to close these alleys here, unify the site to expand our existing business there, and then dedicate to the City a 20-foot useable alley going all the way from the Miami Court to Miami Avenue. So, in essence, we are seeking the closure of 4, 000 square feet of alley, and at the same time, dedicating -- about 4,300 square feet we're closing. We are dedicating 5,000 square feet of public useable alley here. This closure will allow us to expand our business and create 29 additional jobs. I'm here to answer questions, if you have any questions. Chair Sanchez: All right. Is there a motion to support or deny? Commissioner Sarnoff. So moved to support as stated on the record. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez. Before we open it up to the public, anyone from the public, once again, who's willing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. It is a resolution. PZ.4. We're voting on PZ.4 for the record. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. Mr. Pastoriza: Thank you. Chair Sanchez: Thank you so much. Mr. Pastoriza: Thank you. PZ.5 08-01058zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS IN ORDER: 1) TO INCREASE THE AMOUNT OF PERMITTED ACCESSORY RETAIL USES IN CONJUNCTION WITH A MAJOR SPORTS FACILITY IN THE G/I DISTRICT; 2) TO INCLUDE OFFSTREET PARKING REQUIREMENT PROVISIONS IN SAID DISTRICT; 3) TO PERMIT A TEN PERCENT (10%) REDUCTION OF REQUIRED OFFSTREET PARKING SPACES, SUBJECT TO A CLASS II SPECIAL PERMIT, WHEN SAID MAJOR SPORTS FACILITY IS LOCATED WITHIN A CERTAIN PROXIMITY OF A METRORAIL OR PEOPLE MOVER STATION; AND 4) TO ALLOW A MODIFICATION OF UP TO A MAXIMUM OF FIFTY City of Miami Page 51 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 PERCENT (50%) OF THE REQUIRED SETBACKS, SUBJECT TO A CLASS II SPECIAL PERMIT, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01058zt PAB Reso.PDF 08-01058zt CC Legislation (Version 3).pdf 08-01058zt CC SR Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommend approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2008 by a vote of 8-0. PURPOSE: This will allow certain modifications related to Major Sports Facilities in the G/I Government/Institutional District. 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 13033 Direction by Commissioner Regalado to the City Manager to provide the City Commission with the reports provided by the Miami Parking Authority and Jones Lang LaSalle to clam the different numbers regarding the cost of the parking garage. Chair Sanchez: PZ.5. Lourdes Slazyk (Administrator): For the record, Lourdes Slazyk, Zoning. PZ.5 is a second reading ordinance to amend the GI (Government/Institutional) for a major sports facility. This increases the amount of permitted accessory uses and modifies the parking requirements required by Class II Second reading, it's been recommended for approval. Commissioner Gonzalez: Move it. Commissioner Sarnoff Second. Chair Sanchez: Okay. There is a motion. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Before we open it up for discussion, it is a public hearing. PZ.5, it's an ordinance on second reading. Anyone from the public wishing to address this item or this ordinance, please step forward and be recognized. Seeing no one, hearing no one, the public hearing closed, coming back to the Commission. Any further discussion? Commissioner Sarnoff Yeah. Let me just say some things on this. Andl -- and Commissioner Gonzalez, I was going to say this when we brought up the circulator in your section. And maybe this is the right time and maybe this is not the right time, but since it's talking about sporting City of Miami Page 52 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 arenas, I think we all know we're basically talking about the new stadium. We're going to spend approximately -- I'm just going to round it off -- $100 million on a parking garage. And my question is, would we not be better suited, in conjunction with the County, to create a mass transit component that would go to Commissioner Gonzalez's health district, over to Commissioner Sanchez by the stadium, and then back to downtown, creating a circulation from that flow, taking the approximate 100 million that we are required to put in by the contract -- I realize we're contractually bound by it -- and instead of doing that, creating the mass transit component to get people to and from the stadium, creating that circulation to and from the health district, andl would imagine, Commissioner, that there would be a great number of nurses, doctors, technicians who would love to go to a baseball game after their shift and would like to get there, you know, pretty easily. Andl realize Major League Baseball imposed this obligation on us, but I wonder if, in this day and age, post -meltdown, if you will, of the Wall Street, we wouldn't be better suited to look at that, maybe ask them for a modification and consider using those dollars towards a mass transit component that really facilitates Commissioner Gonzalez's neighborhood because it would take people from downtown and then bring them over to the baseball stadium and then back to downtown, leaving people in their cars downtown. And if you just do the math, and you understand what a raised system is versus a lowered system, your numbers are extremely close, andl wonder if this isn't just an opportunity to throw that out there in the public realm and invite Major League Baseball to take a good, hard look at this and say to themselves, maybe the City ofMiami would be better suited to create a mass transit component to the stadium versus a parking requirement. I just bring that up. Chair Sanchez: You want to address that? You want to answer that, some of the --? Bill Anido (Assistant City Manager): Yes. It's definitely one of the things that we will be looking into in connection with the contract just approved, a circulator linking downtown to the Orange Bowl site as well as the health district to the Orange Bowl site. It's something that we have already looked in a very preliminary fashion and will do in more detail in the next few months. Commissioner Sarnoff. But the only reason I bring it up, Mr. Anido, is because it seems like the money would be there to do this if one of the requirements for the stadium were relaxed or modified andl believe you'd get a better attendance by people using the traditional way they used to park, but more importantly, getting people used to a mass transit component in Miami, something people are not that accustomed to using, and a very useable fashion, keeping the cars downtown so the folks can leave at a 2 o'clock game or a 1 o'clock game, mass transit it down to the stadium, and they go back to their cars and they go home. Now you've introduced them into the mass transit component. I suspect it will be some type of rail, I'm just saying based on whatl understand of it, and having been, you know, from New York, from the Yankees Stadium, from new -- Shea Stadium, nobody went there in their cars. Everybody got there by rail, andl just question whether it wouldn't be a good use and a good opportunity to maybe when we come time to look at the stadium for final looks, that we ask mass transit -- that we ask Major League Baseball to consider that modification. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: I think it's a great idea, and not only that, it's an idea that needs to be explored. The problem is how parallel this to projects will run. The County Commission is expected to vote on the management agreement and other agreements in December probably. They just announced that they won't be able to sell the bonds until April or May, whenever the market stabilize. Andl wonder if there is the will to do this study first before we ever consider the final decision on the stadium because, certainly, there is a lot of controversy in different articles that I have seen -- I have never been brief about the parking lot -- but there is a lot of controversy about the cost and why Miami Parking Authority would not participate. So I think it's important that the Administration looks into this. But it looks as sort of a priority because the dynamics of the other contracts may preempt any future decisions, so I just -- maybe the City ofMiami Page 53 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Manager wasn't here, but I just wanted to agree with you that this is something that we need to explore. Thank you, Mr. Chairman. Commissioner Sarnoff. Did you hear what we were saying? Pedro G. Hernandez (City Manager): No, sir. I missed that. I'm sorry. Commissioner Sarnoff. Well, all) was suggesting was if you look at -- you came down quick, so I imagine you said got to get down here. But if you look at what we did earlier today, your study for -- million -dollar study for where mass transit should go in the City of Miami, and then you look at this, a reduction in parking, which we know this is going to be on the stadium, and) was going to bring it up and I thought to myself I had not said anything to you, so I hate to -- Mr. Hernandez: Right. Commissioner Sarnoff. -- blindside you, but it's fun when you're upstairs. It's different And I'm just suggesting, I understand that the baseball agreement has, as part of it, the City's obligation to build a parking requirement. I just -- as a exploration, I'm just suggesting that if you would consider talking to Major League Baseball and just think about this -- and) know we've broached this briefly together -- creating a mass transit component to Commissioner Gonzalez's health district, bring it over to Commissioner Sanchez's Orange Bowl and back downtown and you'll move people back and forth to that stadium in a high-speed manner, in a -- without affecting traffic significantly if it certainly is above the ground and it certainly is above -- something like the Metrorail. And we have the money just about 'cause we did numbers, I think we came within 20 percent of it, to do that and you sort of get three things in one. I mean, you get people at the stadium in a mass transit component, you get Commissioner Gonzalez's health district sort of maxed out beaucoup for the folks who probably will use the stadium and you get a mass transit component to go back to the City ofMiami down to Government Square [sic]. And I just wondered if you couldn't explore that as things evolve in the financial district, let's say, the financial abilities to do things. If it's not a good look for the City ofMiami to spend that $100 million, go with the practice at the Orange Bowl. People have never minded people parking in their front lawns, it's probably an economic reason for that, and you know, get Major League Baseball to say, you know what, maybe in this circumstance the opening day should be a mass transit component, and of course, using people's front lawns to some degree, and you have enough room for some ground parking lots, and ask them to modifl, it and say we would prefer to bring a mass transit component to this. Mr. Hernandez: Commissioner, the number of spaces to be provided, which right now is 6,000, is the result of negotiations with Major League Baseball. Originally, they wanted a lot more, maybe in the vicinity of ten or twelve, and we worked it down to six, which I think is reasonable. Six provides sort of a balance where they can have enough parking for maybe their season ticketholders, and when I say balance, it's because whenever you have a series that will attract a lot of people, definitely you will have overflow parking into the adjacent neighborhood, in essence, benefitting both. The transit and transportation component that you mentioned) think is a must. We need to be able to connect to Civic Center Station, to possibly the Government Center Station and be able to have circulators that will bring you maybe from -- on Flagler from downtown and on 12th Avenue and 7th Street from Civic Center. Those are essential components to feed the new facility. That's a must. We need to have that, and) know that there were some initial studies to provide those services. We were also considering looking at the health district circulator and be able to expand it in order to provide that connectivity from the health district to the stadium and then back. So we're looking at all those possibilities as part of the studies that are ongoing. Commissioner Sarnoff. Well, I don't think we're saying the same thing, and) understand what you're saying. I just wanted to put it on the record. City ofMiami Page 54 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Hernandez: We're still in the, I would say, at this point, negotiating with the County and with Major League Baseball on the definitive agreements that eventually will have to come back to City and County Commission. One of those is the parking agreement, and there is also operational agreements that have to take into account the issues you mentioned. Commissioner Sarnoff. Thank you. Chair Sanchez: All right. Any further questions? Commissioner Regalado. Commissioner Regalado: Just a question to clarify, Mr. Manager. There have been some articles and you have responded to one of them. The costs of the parking facility, it has been debated by Miami Parking Authority that gave you a spreadsheet of their estimate in costs, your estimate and the consultant estimate. Which is correct? Mr. Hernandez: Well, we will never know the final answer until we get to the bidding and construction process. But I think that the price that we used were comparable actual construction examples and that's what we used to come up with the $94 million figure. Garages vary in prices, depending on how the exterior looks, how elaborate you can make it. I still feel that we are closer to the number that we have, which is 94 million, than 150. In today's economy, I mean, if -- ideally, if we were to put it out to construction today, we would be closer to our number based on the way the economy is. So in essence, the -- Commissioner Regalado: But, you know, price -- garage are build with cement -- Mr. Hernandez: Yes. Commissioner Regalado: -- and steel, and the prices have not changed, as you know. Mr. Hernandez: Right. The point thatl was trying to make is that there is not that much, let's say, new construction activity out there. If you come out with projects like this, the competition is going to be much more intense. I think that we're closer today to our $94 million figure, which is a cost per space of about close to $16,000. We may be now at maybe 18,000, at the most, so we're close to the figure that we had to start with. Commissioner Regalado: So -- last question. You are aware that the County is not going to try to sell any bonds until the spring. And of course, you know how the market is, and we'll never know when it's going to be fixed So we would be depending on the market in order to even think about the parking garage. Mr. Hernandez: You're correct, Commissioner. We were, I would say, delayed by the litigation process and now, of course, even further affected more significantly because of the market. There is no way that we can issue bonds at this point, not the City nor the County. So we have to wait a certain amount of time before considering any kind of bonding for any project. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: Any further discussion on this? Pete, I think it's important, as we move forward on this, that we call a king a king and a jack a jack and a spade a spade. Now, our own stadium consultants have estimated the cost of building a 6, 000-car parking garage at $156 million, ballpark figure, okay. That's about -- doing -- if my math is correct, it's about $62 million more over the original price, okay. That's an issue that we need to address right now, andl think you need to answer that question because, you know, once again, it's projected numbers, but there's a lot of people out there giving misinformation and saying that's what the stadium's going to cost, you know, and it puts us in a very awkward situation. So being that you are the City of Miami Page 55 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 administrator, you need to put on the records and answer these questions with the facts. Mr. Hernandez: Commissioner, we're now in the process of developing, I would say, schematic designs for the garages in order to be able to comply with the requirements of the MUSP, in order to be able to do the MUSP application, and we're going to be using those drawings to update a cost estimate for the garages. I still would say that, at this point in time, we're closer to our figure. It may be, I don't know, 10 percent over what -- the 94 million that we have, but have to refine that based on the new schematic designs that are being done at this point in time. Hopefully, within the next, you know, 30, 60 days, we will have more information to base a more accurate cost estimate on than what I have today. Chair Sanchez: Andl want to state on the record, I've been a big supporter of this now more than ever based on the economy right now. People need jobs out there. People are losing their homes. You know, people are just at that edge, and all these projects are going to bring 20 to 25, 000 jobs to this city, needed jobs to this city. But could tell you this much. I can't fathom supporting an additional $62 million from an original figure that came out for a parking garage. I think that's important to state on the record. The other issue thatl have is that based on some analysis done by Off -Street Parking, this, as projected, will end up losing $8.3 million a year. Can you elaborate on that? Mr. Hernandez: I thinkl did it in writing in my response to an article in "Miami Today" that was totally erroneous. The financial plan for the garage, in essence, is predicated on convention development tax monies to assist with half of the construction cost and the other half is paid by the revenue stream coming from the use of the parking facilities by the team, so in essence, the dollars needed to support the parking structure are fully accounted for, and there is no loss at all. And that -- and when I say the financial program, that financial program includes construction, operation, maintenance and capital repairs, and with the funding plan that we have, there is no projected loss at all. We could not move forward with a project that will have a yearly loss to the City. Chair Sanchez: All right. Mr. Hernandez: It's just that when that article was done, they had no understanding as to how the financial plan would work. Chair Sanchez: So being said that the City will not have to subsidize $8 million. Mr. Hernandez: This has to be sustainable -- Chair Sanchez: Exactly. Mr. Hernandez: -- totally. Chair Sanchez: And that's the whole purpose of this. Mr. Hernandez: Yes. Chair Sanchez: There's no way -- andl could only speak for myself here -- that we could support any type of these deals if it's going to have -- end up -- we're going to have to end up subsidizing. Let me tell you what. It's incumbent upon this City to break away from all those bad deals in the past, andl could bring a couple right off the top of my head. James L. Knight is one of them, where we have to subsidize James L. Knight, and those are the things we can't afford to get back into. So if this Administration sits down with the Marlin [sic] or the County and is prepared to bring any such numbers to this Commission, I would be the first one to fight those numbers. I want to state it on the record 'cause I've been a big supporter of the stadium. City of Miami Page 56 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 I'm a big supporter of the museums. I'm a big supporter of jobs for people in this city, andl look forward to the City being a city where people don't have to move out, and our kids that go to school end up having to move out of here 'cause they can't get jobs, having to move to bigger cities that have a vision, and they're investing in their cities. It's just like a business. If you don't invest in your business, well, your competition's going to beat you 'cause they're investing in their business. We have to invest in the City, but we can't have bad investments for this city 'cause instead of moving forward, we're going to end up going backwards. Mr. Hernandez: Mr. Chairman, to assure you, any action that we take has to be self-sustaining with no impact or no subsidy from the City. Chair Sanchez: All right. Commissioner Regalado: Chairman, can I ask -- Chair Sanchez: I guess you answered my questions. Commissioner Regalado: -- the Manager --? Mr. Manager, will you be able to provide us with the report that Miami Parking Authority gave you when they were contacted? I think it dated a month ago, and also with the Jones LaSalle consultants report on -- so we can clear up the different numbers. Mr. Hernandez: I will, Commissioner. I think that the Parking Authority input goes back to probably a year ago. Commissioner Regalado: Yeah, okay. Chair Sanchez: All right. Mr. Hernandez: I will gather that information and make it available. Chair Sanchez: No further discussion on the item. PZ.5 is an ordinance on second reading. There was a motion and a second. It's been debated. It's for -- it's in front of us for deliberation. It's an ordinance. Read the ordinance into the record, Madam Attorney, 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 5/0. PZ.6 08-00683zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 9, SECTION 906.15, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS/PET HOTEL AS ACCESSORY USE; DETAILED REQUIREMENTS," ESTABLISHING A PET HOTEL AS AN ACCESSORY USE FOR PET STORES AND PET AND VETERINARY CLINICS; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 57 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-00683zt PAB Reso.PDF 08-00683zt CC Legislation (Version 2).pdf 08-00683zt CC SR Fact Sheet.pdf LOCATION: Citywide 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 July 16, 2008 by a vote of 9-0. PURPOSE: This will allow pet hotel use as an accessory use for pet stores and pet and veterinary clinics. 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 13034 Chair Sanchez: All right. Also on second reading is PZ. 6. It's an ordinance on second reading, and that's pertaining to the pet store/veterinary clinics that must be 10,000 square feet or more in size, allow a pet hotel. That was amended at the request of Commissioner Gonzalez, and it's in front of us on second reading. Is there a motion? Commissioner Gonzalez: Move PZ.6. Chair Sanchez: There's -- Commissioner Sarnoff. Second. Chair Sanchez: -- a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. It is an ordinance on second reading. Anyone from the public wishing to address this item, please identf yourself. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for deliberation. All right. 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. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 5/0. PZ.7 08-00780zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE City of Miami Page 58 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6/ SECTION 628, ENTITLED "SD SPECIAL DISTRICTS GENERAL PROVISIONS/VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT," RELATING TO RETAIL ESTABLISHMENTS LOCATED IN THE MIXED -USE CULTURAL DISTRICT OVERLAY; PROVIDING FOR AN INCREASE IN INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED GROCERY USES ONLY BY SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00780zt PAB Resos.pdf 08-00780zt CC Legislation (Version 2).pdf 08-00780zt CC SR Fact Sheet.pdf LOCATION: Along Grand Avenue Only Where the Underlying Zoning District is SD-2 "Coconut Grove Central Commercial District" [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 July 16, 2008 by a vote of 9-0. Also recommended to the City Commission by a vote of 7-2 to require for Class II issuance for this case only (File ID 08-00780zt) that the applicant will notify the neighborhood associations within 24 hours of final decision. PURPOSE: This will allow large-scale retail establishments located in the mixed -use cultural district overlay and provide for an increase in individual retail establishments for limited grocery uses, only by Class II Special Permit. 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 13035 Chair Sanchez: All right. PZ.7. PZ.7 is also an ordinance on second reading. Commissioner Gonzalez: Move PZ.7. Chair Sanchez: All right. There's a motion by Commissioner -- Commissioner Sarnoff. Second. Chair Sanchez: -- Gonzalez, second by Commissioner Sarnoff. Before we deliberate or open up for the public, can you just put something on the record, Madam Director -- Lourdes Slazyk (Zoning Administrator): Yes. Chair Sanchez: -- please? City of Miami Page 59 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Slazyk: This is an ordinance amending SD-28 in order to allow for an increase in the individual retail establishments for limited grocery store use. SD-28, as you know, runs along Grand Avenue in Coconut Grove. Chair Sanchez: All right. Is anyone from the public wishing to address this item? We are on PZ.7. It's an ordinance on second reading. Seeing no one, the public hearing is closed, coming back to the Commission. There's been a motion and a second. Any discussion? Hearing no discussion on the item, Madam Attorney, read the ordinance into the record, followed by a roll call vote. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. Pamela E. Burns (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 5/0. PZ.8 08-00699zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 1.04, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1007, 1019, 1027, 1033 SOUTHWEST 6TH STREET AND 1028 SOUTHWEST 5TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00699zc Analysis.PDF 08-00699zc Zoning Map.pdf 08-00699zc Aerial Map.pdf 08-00699zc Letter of Intent.PDF 08-00699zc Application & Supporting Docs.pdf 08-00699zc ZB Reso.PDF 08-00699zc CC Legislation (Version 2).pdf 08-00699zc Exhi bit A.pdf 08-00699zc CC SR Fact Sheet.pdf LOCATION: Approximately 1007, 1019, 1027, 1033 SW 6th Street and 1028 SW 5th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Diego L. Restrepo, Owner FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 8, 2008 by a vote of 6-0. City of Miami Page 60 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-19 Designated F.A.R. Overlay District, F.A.R. of 1.04. 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: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. PZ.8. PZ.8, it's an ordinance on first reading. Madam Applicant, are you ready? Is there anyone here in opposition or in support of PZ.8? You -- Judith Sandoval: Possibly, when I hear it. Chair Sanchez: Okay. Have you signed in with the Clerk? Thank you. Okay, Madam Applicant. Roberto Lavernia (Chief of Land Development, Planning Department): This is the request for a zoning change to add SD-19 in order to increase the FAR (Floor Area Ratio) up to 1.04. Generally, the Planning Department recommends denial of any request of SD-19 because that will increase the FAR. You know, well, we have been trying to work with the applicant, and they have some reasons to do that. We want to be sure that this zoning change goes with the project that the applicant is presenting. If that is the case, we have no objection to the change. Thank you. Chair Sanchez: Okay. Lucia Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, joined by Javier Avino from my office, as well as Daniel Martinez, who's the architect, and our principal, who is Diego Restrepo. This is the existing condition of the property. It is located between Southwest 6th -- 5th and Southwest 6th, and just west of loth Avenue, and it is located in an R-3 district, which is a medium -density residential district. And the current site plan -- and I'm going to show you here -- has the building located on 5th Street. However, we have underground parking underneath the building. And what's really unusual about this project, it is an affordable housing project, which has a lot of differences between this affordable housing project and any one I've ever worked on. First of all, it's a low-rise affordable housing project. Again, the building is located -- again, the building itself is located on 6th Street. The parking is entered in an underground parking, and we are not asking for a reduction of parking. We are providing actually four additional spaces than we otherwise would have required, and an initial loading space, which is very unusual. Every unit has a balcony, which is also unusual for an affordable housing project. And again, right now there's a small building in the rear here that we've demolished so the two apartment buildings that are on either side of this building actually have a better condition 'cause now they're not looking into another building, they're actually looking at an on -grade parking deck. Well, the other things that we're doing is that we're actually providing a five-foot additional sidewalk on our property. So, in other words, there's going to be a ten foot sidewalk on the property that five feet of it is actually our property that we're dedicating to the City for the sidewalk. Again, here is the other really unusual aspect of this affordable housing project, is that the roof deck is actually an amenity deck. And again, you may -- if you look at the rendering here, we have a roof dock -- a permanent roof structure that covers the amenity deck, but we have a swimming pool. We have a tot lot. We have all kinds of amenities that you would normally have in a market -rate housing project and it's in an affordable housing project. Again, we have little entranceways on the street that you can enter into and get into each of the town houses or each of the first floor units from the street. And again, this is the rendering. So we think this is a very unusual affordable housing project. It's unlike any one I've worked on before, and we would urge your support. The reason for the SD-19 overlay is because we're not City of Miami Page 61 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 providing small units. We're providing three -bedroom units -- two- and three -bedroom units, which we think are necessary in Little Havana. We are not actually providing the number of units that are require -- I mean, that are permitted, which were 54. We actually have 10 -- we actually are providing 44 units, so it's less units, but bigger units, and that's the reason for the SD-19 overlay. So with that, we'd urge your support for this project. Chair Sanchez: All right. Could we get a --? It's in my district. Could somebody proffer a motion? Commissioner Sarnoff. I'll move it. Chair Sanchez: Okay. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff. Vice Chair Spence -Jones: Discussion. Chair Sanchez: Second by Vice Chair Spence -Jones. Discussion. You're recognized, Vice Chair. Vice Chair Spence -Jones: I definitely do support the project. Again, as much affordable housing as possible that we could have throughout the City ofMiami, I'm definitely in support of. I just wanted to ask you quickly, Lucia, when you say affordable housing, is --? Ms. Dougherty: It's rental. Vice Chair Spence -Jones: It's rental? Ms. Dougherty: Yes. Vice Chair Spence -Jones: And it's subsidized? Is there subsidies that's -- Ms. Dougherty: It probably -- Vice Chair Spence -Jones: -- going to be needed to --? Ms. Dougherty: -- going to be subsidized, yes. Vice Chair Spence -Jones: Okay. Is it --? Ms. Dougherty: And we have a certification from the Community Development Department that it is going to be a affordable housing project, andl can tell you what the rents are if you give me a second here. Vice Chair Spence -Jones: So you're not really going after tax credits and all of that, right? Ms. Dougherty: Well, we might. Yeah. Vice Chair Spence -Jones: You may? Ms. Dougherty: Um -hum. Vice Chair Spence -Jones: Okay, but it's -- that -- whether -- City ofMiami Page 62 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Dougherty: And -- Vice Chair Spence -Jones: -- you get them or not, it doesn't matter; the building will still get built? Ms. Dougherty: Correct. The rentals for a three -bedroom will be about 783, two -bedroom will be 678; and like I say, we only have two and three bedrooms. Commissioner Sarnoff. How are they doing this? Commissioner Gonzalez: Seven hundred dollars for a three -bedroom -- Commissioner Sarnoff. How do you --? Commissioner Gonzalez: -- wow. Chair Sanchez: That's -- Commissioner Sarnoff. What's the formula? Chair Sanchez: -- enough for me. Commissioner Sarnoff. I mean, how are you doing this? Vice Chair Spence -Jones: That's -- Ms. Dougherty: Hold on. He's going to explain it. Chair Sanchez: He's going to explain it. Don't give away your secret. Vice Chair Spence -Jones: No. Please give away your secret. I would really like to know how you're able to do it because -- Ms. Dougherty: For low-income, they have to have at least 42, 700 in income. Commissioner Sarnoff. Still pretty low. Chair Sanchez: It is good. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. I -- but you have underground parking, 20,000 or $25, 000 per parking space. Ms. Dougherty: Okay. Commissioner Sarnoff. You have amenities -- Ms. Dougherty: I'm sorry; I was reading at the very low income. They -- the three -- two-bedroom is 1,035 and the three -bedroom is -- Commissioner Gonzalez: Even though. Ms. Dougherty: -- $1, 324. City of Miami Page 63 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Sarnoff. That's still -- Commissioner Gonzalez: Even though. Commissioner Sarnoff. Yeah. Chair Sanchez: Even though. Commissioner Gonzalez: You're paying between 950 and 1, 050 for two bedrooms in Little Havana. Chair Sanchez: Hey. Commissioner Gonzalez: Seven hundred and -- $700 a one -bedroom apartment. Vice Chair Spence -Jones: So, George, Mr. City Director, you're aware of this project already, right? Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: We need to be looking at some of these projects. I'm sure in our districts, in our other areas -- I mean, this is a building that can be duplicated -- George Mensah: George Mensah, director of Community Development. You said we have approval on it, which means it came through my department. Usually, before they get parking -- impact fee deferral and expedited permitting, they have to come through our department and we have to -- and they tell us what the rents will be, and we make sure the rents are within affordable limits before we approve it. Vice Chair Spence -Jones: Okay, but they're not getting any subsidies from your department -- Mr. Mensah: No -- Vice Chair Spence -Jones: -- as of yet? Mr. Mensah: -- they're not getting any subsidies from us. I would just love to, just off the record, know how you guys are able to do it because, clearly, if we could put some buildings -- these multifamily buildings up -- I'm not trying to steal anything away from you, Commissioner Sanchez. Chair Sanchez: If it's a good idea, it should be implemented throughout the entire city. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: That's right. Chair Sanchez: I just have a question. Can we --? I just have two concerns, andl know they'll be taken care of. One is the parking lot, the parking lot that abuts two properties. The only thing thatl would ask is that it have sufficient buffer to protect the abutting properties. In other words, you know, if you could, yeah, landscape it real good so the cars that are parked when you park -- because as you could see you're parking in, the last thing you want to do is not have a sufficient landscaping or wall to have the headlights being beamed in into somebody's property. I know you're aware of that, so I want to make sure that doesn't happen there. City of Miami Page 64 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Dougherty: This is the architect -- Chair Sanchez: Because I know the property very well. Ms. Dougherty: -- Daniel Martinez. Daniel Martinez: Daniel Martinez, with Ramos Martinez Architects, 521 Northwest 12th Avenue. Commissioners, what we've done with that parking area there is taken the -- that little wedge that is created by that diagonal parking and landscaped it and, as you can see in the rendering, provided mature shade trees both for the parking area and as a buffer between the parking area and the adjacent buildings. Yes, we have a privacy wall there also. Chair Sanchez: Okay. And the other issue that I wanted to bring up was the demand that we're - - two- to three -bedroom units in Little Havana. Little Havana is -- at one time, less than 10 percent home ownership. Although this is a rental, still we lack two- and three -bedroom units to attract families. Being that you have very good schools in the area, we need to attract more families to that area. So I think it's a great project, andl certainly support it; and also, most important is Miami High alumni graduate, so -- all right, so having said that, there's a motion and a second. It's an ordinance on first reading. It'll come back to us on second reading. Yes? Roberto Lavernia (Chief of Land Development, Planning Department): I just want to remind that this is a zoning change, so the Planning Department cannot put conditions unless that the applicant voluntarily offer a covenant taking care of the issue that this is the project that is going to built -- be built in that site and also of the two petitions that you did. Chair Sanchez: All right. I think they -- Ms. Dougherty: We actually have that because we had to get a slight variance on the ground floor and that's part of the variance condition, is that we actually have to provide -- we have to do this site plan, so that's sort of taken care of -- Chair Sanchez: So as stated on the record. Ms. Dougherty: -- as a condition of the variance. Chair Sanchez: The conditions -- they agree to the conditions, which I didn't impose on them; they voluntarily proffered them, okay. All right, having said that, it's an ordinance on first reading; it'll come back to us on second reading. Madam Clerk. Pamela E. Burns (Assistant City Clerk): Mr. Chair, did you want -- wish to open this to a public hearing? Chair Sanchez: Oh, I do apologize for that. It requires a public hearing. Anyone from the public wishing to address this item, please step forward. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. Congratulations, Lucia, and the architect and everyone. I also think it is a very good project. I just want to ask -- suggest two little things. Is -- the front of the building is rather plain and it sort of looks like affordable housing. If you could kind of fix it up a little, put some murals on it or some tile or some nice colors that are not the usual yellow and pink, you know, just around there -- around the windows or the arches or something and more foliage. I think it's great that the parking is underground for this reason. With apartment buildings, if parking is not easily accessible to the people who live there, very often they park on the side streets, and it's a lot of problem for everybody. So thank you. City of Miami Page 65 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: Thank you. Anyone else from the public wishing to address this item? All right. If not, it's an ordinance on first reading. Read the ordinance into the record, with the conditions. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. Ms. Burns: Mr. Chair, would that make this item modified because of the conditions proffered? Maria J. Chiaro (Deputy City Attorney): No. Chair Sanchez: No. Ms. Burns: No. Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 5/0. Chair Sanchez: Thank you. We'll see you -- Ms. Dougherty: Thank you very much. Chair Sanchez: -- on second reading. Congratulations. PZ.9 08-01015zt ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 6, SECTION 616. SD 16, SD-16.1, 16.2 SOUTHEAST OVERTOWN-PARK WEST, COMMERCIAL -RESIDENTIAL DISTRICTS, ADDING REGULATIONS IN SUB -SECTION 616.12, FOR THE CREATION OF THE SD-16.3 "MIAMI WORLDCENTER", GENERALLY BOUNDED BY NORTHEAST 2ND AVENUE TO THE EAST, NORTH MIAMI AVENUE TO THE WEST, NORTHEAST 11TH STREET TO THE NORTH AND NORTHEAST 6TH STREET TO THE SOUTH, EXCLUDING THE AREAS GENERALLY DESCRIBED AS "THE CLUB DISTRICT" AND THE "NETWORK ACCESS POINT OF THE AMERICAS (NAP CENTER)"; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01015zt Miami -Dade County Letter to Miami City Manager.pdf 08-01015zt Miami Worldcenter Master Plan Design Standards.pdf 08-01015zt PAB Reso.PDF 08-01015zt CC Legislation (Version 5).pdf 08-01015zt CC SR Fact Sheet.pdf First Reading LOCATION: Bounded by NE 2nd Avenue to the East, N Miami Avenue to the West, NE 11th Street to the North and NE 6th Street to the South [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): City of Miami Page 66 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 15, 2008 by a vote of 5-0. See companion File Ds 08-01015zc and 08-01015da. PURPOSE: This will create the SD-16.3 Miami Worldcenter. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right, are we ready for the presentation? Nitin Motwani: Yes, sir. Chair Sanchez: All right, so we'll proceed with the presentation. Please state your name and address for the record. Before you speak, at this time I want to recognize the Administration on this item. Roberto Lavernia (Chief of Land Development): Good afternoon. For the record, Roberto Lavernia, with the Planning Department. Yes. Item PZ.19 [sic] is the amendment to the ordinance in order to add SD-16.3, Miami Worldcenter. It's an area that is within the SD-16 district, and we're trying to facilitate the intent of SD-16 in that specific area. It's a compact, pedestrian -oriented and mixed use and maintain the future growth of the downtown infill development [sic]; and a diversity of zoning designation distributed throughout the district that enables a variety of economic activity, workplace, residence and civic space. Item number 10 is the definition in the Zoning atlas geographically of the area that we're considering as part of this district, and the only thing that we want to add is that at page 12 of 13, 16.12, 17.5, we're taking it out of this resolution. We're going to bring back second reading more detail, but for the moment we are taking it out of this approval. Chair Sanchez: It's my understanding there's a substitution that'll be read on the record, and that was that the PAB (Planning Advisory Board) approved it, 5/0, correct? Mr. Lavernia: Yes. Chair Sanchez: All right. So at the appropriate time, that needs to be put on the record. Mr. Lavernia: Yes. The PAB -- it was on October 15, and the resolution is supposed to be added to your packages by the Office of Hearing Boards, the resolution of the Planning Advisory Board. Chair Sanchez: All right. Mr. Lavernia: We want to put clear that it's a change in resolution because we are deleting that part that I just mentioned, okay? Chair Sanchez: All right. Mr. Applicant, are you ready? Mr. Motwani: Yes, sir. Nitin Motwani, Miami Worldcenter Group, 700 Northeast 2ndAvenue. I wanted to thank you all very much for allowing us this opportunity to come before you with a very exciting opportunity both for ourselves and for the City ofMiami. Speaking on our behalf or presenting on our behalf will be myself, Mike Cohen of Elkus Manfredi, Sam Poole of Berger Singerman, representing the Zoning ordinance SD-16.3, and Neisen Kasdin of Akerman Senterfitt regarding the development agreement. Just a little background. I want to just reiterate that what's before you today is very early on in a very long process. We'll be working City ofMiami Page 67 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 very closely with the City, City staff and yourselves in trying to put together the most ideal situation for Miami Worldcenter in revitalizing the Park West/Overtown community. This is simply a text change to promote better urban design in Park West, as well as a map change to apply the new overlay to Miami Worldcenter, and the development agreement to preserve the zoning to allow stable, quality, long-term development and the creation of great, public open spaces, something we know is very near and dear to the heart of the City. Again, this is very early in the process. Today is only the zoning and related items. And this, of course, is just the first reading so we'll be back before you in the near future. As far as the zoning goes, there's a few key elements. We're not requesting any upzoning whatsoever, nor are we requesting any changes of use. We're following the principles ofMiami 21, build two lines with active retail lining, streets and wide sidewalks; the cladding of the garages and habitable space to create a more pedestrian friendly environment; setbacks above the pedestal to avoid the canyon effect, and the creation of open spaces and plazas. And if you'd permit me, I just want to read through just a few of the meetings that we've had publicly to put on the record to make sure that we all realize how much time and energy we've spent with the City and the CRA (Community Redevelopment Agency) to make sure this has been an open process and everyone in the community has been involved. September 18 we met with the CRA; we also met with the Overtown Advisory Board. September 24, we presented to the Historic Overtown Folklife District board, followed with a meeting with Dr. Fields and Elizabeth Williams of the Black Archives and Lyric Theater. The 25th, we met with the CRA, their DRI (Development Regional Impact) team and our team. The 26th, we met with Derek Cole of the Overtown Advisory Board. The 29th, we had Park West/Overtown CRA town hall at the Lyric Theater. October 1, a meeting with Mount Zion and the Collin Center. October 7, unanimous approval at the CRA board meeting. October 8, meeting with St. John church. October 10, meeting with Camillus House, and October 15, we presented to the DDA (Downtown Development Authority) Urban Design and Transportation Committee; received unanimous approval, and also at the Planning Advisory Board meeting and received unanimous approval. And October 17, we presented to the DDA board members and received unanimous approval. In addition, I sent to your offices a book of letters of support from about ten different organizations both within Park West, Overtown, and larger groups such as the Convention and Visitor's Bureau and Beacon Council. So with that being said, ifI could just walk you through some of these boards. I will try to go through this in a relatively -- from a broad aspect, and then my architect and attorneys are here to answer any specific questions. The first andl think most important illustration is this one, and it shows how Miami Worldcenter really stands in the middle of all of the great amenities to the east, to the north; the Central Business District, Miami Dade College to the south, and to -- Overtown to the west. We've incorporated the CRA plan since the beginning. Our first meeting with the CRA was in July of 2006, and from that we gathered the CRA plan objectives looked -- number of studies that had been done and actually added additional ways to make this more of a porous project so that it would connect east -west, north -south, and tie in all of the wonderful aspects that our downtown has to offer from the Performing Arts Center to the historic Overtown community to the American Airlines Arena, etcetera. We're very excited about continuing 9th Street Mall to the best we can. Obviously, NAP (Network Access Point) Center is here, so in order to promote that or do something different, we also suggested the 10th Street corridor, which would connect to the Overtown Folklife District. It would also connect directly to Bicentennial Park, and would just allow a great opportunity, we think, to really connect the two environments. This is a really great illustration because it shows our sincere desire to make Miami Worldcenter a place for everyone and to connect all aspects of the area. This map kind of goes in a little further. You'll notice a lot of tree lined streets, you'll notice wide sidewalks, you'll notice public spaces. These are important aspects to what we have used as guiding principles in SD-16.3, and we've worked very closely with City and County staff to make sure this is something that's achievable, that's something that makes sense as far as fire trucks, potential streetcars, but also just from a pedestrian aspect. Most importantly, how do we get people to feel comfortable on the streets? This zooms in even closer, andl think the reason we have this chart down here is 2ndAvenue is a great example of what great intentions can end up creating. There's 10- to 12-story pedestals of parking that make 2ndAvenue a very challenging avenue to cross. We're City ofMiami Page 68 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 going to have a challenging time getting people from Biscayne into Park West, and if we want to get people from Park West into Overtown, it's that much more important that we create proper design and create an opportunity for people to feel comfortable crossing the streets or walking and enjoying tourism like they do in a number of other cities. Some of the big public spaces we're talking about are ones that will be unique for our downtown. We understand there's Bicentennial Park and Bayfront Park just across the street, but we felt it was important to have within these development -- within a development of this nature more public spaces. We think it's very important to all of us and to the way that we all want to live and our children to live in the future. And, finally, if you'll just humor me and take a look, for those of you who haven't been there recently, Park West has been in a challenging state for a long period of time. It's been a long while since anything has really happened in the area. It's right now mostly parking lots and, of course, Camillus House, which we're very excited to work with in helping make sure that they're moved to their wonderful, new facility. But this is what Park West exists like today and has existed for a number of years. And we think this gives us an amazing opportunity to do something different. And while these are just renderings and don't signifi, the exact buildings that may go in their places, they give a look and feel as to what is possible; and what is possible is better design, better communities, and just a better place for people to spend their time. So with that -- Chair Sanchez: You want to -- Mr. Motwani: -- I'd be happy to -- Chair Sanchez: Who are you bringing up next? Mr. Motwani: That's really the presentation. I have Neisen Kasdin, Sam Poole, and Mike Cohen from Elkus Manfredi here to answer any questions that can't answer myself or that -- if you -- Chair Sanchez: All right. Mr. Motwani: -- have direction questions for them. Chair Sanchez: All right. If there's any questions directed, they'll be directed from the Commission. So that concludes your presentation? Mr. Motwani: That is. Chair Sanchez: Okay. All right. Mr. Motwani: Thankyou very much. Chair Sanchez: Is there anyone from the public that'll be speaking on this item? Before we do that, I just want to know -- just want to make sure that you're all -- have been sworn in. Let's go ahead and swear them in, Madam Clerk. And make sure you register with the City Clerk to address this Commission, okay? All right. Pamela E. Burns (Assistant City Clerk): Please stand and raise your right hand, please. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thankyou. Please be seated. Chair Sanchez: All right. Let's go ahead and open it up to the public. Is it okay if we open it up City of Miami Page 69 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 to the public, or do you want to make a motion and a second, and before we discuss it, open it up to the public? How do you want to address this? Commissioner Sarnoff. I'll make a motion. Chair Sanchez: All right, there's a motion on the floor to accept -- approve PZ.9, which is the overlay of zoning 16.2. Vice Chair Spence -Jones: Second. Discussion. Chair Sanchez: Second has been made by the Vice Chair for the purpose of discussion. Before we discuss the item, the public hearing is open. Please, all those that'll be speaking on the item, you'll have two minutes, so please step forward and be identified State your name for the record and then put your comments into the record as either for or against, so two minutes. Sir, you're recognized for the record. Good afternoon. Derek Cole: Hi. Derek Cole, 1010 Northwest 11 th Street. I'm a native Miamian, and I've been - - I was born here in 1949, and this is the most exciting project that I've seen in my entire life coming to Miami. It looks like we could have another Times Square down south. But I'm totally in support of this project. Chair Sanchez: Thank you. All right. Yes, sir. Good afternoon. Nick Wigode: Good afternoon. Nick Wigode, 700 Northeast 2ndAvenue. My name is Nick Wigode. I'm here on behalf of Royal Palm Communities and the principal, Dan Kodsi. Just wanted to let the Commission know we've been dealing with the principals ofMiami Worldcenter for many years now, and they've been honorable people and follow through on all their promises. This partnership that they've put together between all the principals has delivered thousands of homes in the state of Florida and millions of square feet of commercial properties. We've seen many companies in Florida, especially Miami, that have made big announcements; and as we've all seen, they have not come to fruition. Usually, developers would rush through a Commission process, the entitlement process, and look at short-term gains. Yet, Miami Center [sic] has taken their time to plan for this project over many years, as you've just seen, and they have a very long-term outlook on Park West, Southeast Overtown, and the City ofMiami, creating an urban framework in Park West with vibrant commerce and commercial space, such as hotel, retail, residential, entertainment. The world -class office space is the final piece of a puzzle needed to make Miami the world -class city it is becoming. While Miami has experienced billions of dollars in development over the past five years, this project is certainly the catalyst to bring the City into becoming a vibrant, urban downtown center. Once in process, this will be the largest, private project in the county -- in the -- excuse me, in the country, which will put Miami back into the spotlight. As a developer providing flexibility and uses, it's paramount to the project's success and it will enable the group to react to market fluctuations. Right now we're seeing a tremendous issues [sic] in the credit markets. This company is taking a tremendous monetary risk, and by doing this in such trying economic times, this will restore the faith that Miami really needs. I'm very excited about this project, andl ask you all to support it just as we have as neighbors. Chair Sanchez: Thank you, sir. Mr. Wigode: Thank you. Chair Sanchez: Thank you. Next speaker. State your name and address for the record. Peter England: Mr. Chairman, Commissioners, Peter England, Camillus House, 336 Northwest 5th Street. I'm here today speaking on behalf of our president/CEO (Chief Executive Officer), City ofMiami Page 70 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Dr. Paul Ahr, who unfortunately couldn't be with us. This is a letter that he has submitted today to Mr. Nitin Motwani, Miami Worldcenter Group. 'Dear Nitin, congratulations on your recent successful presentations to the City ofMiami Planning Advisory Board. I would be pleased if you'll make known to the City of Miami Commissioners our support for the Miami Worldcenter project. As before, this support is based on three important factors. Miami Worldcenter is projected to create more than 32,000 direct and indirect jobs in our community in construction, retail, hotel, entertainment and service sectors. Creation and continuation of jobs in these sectors will provide needed opportunities for persons who are homeless and formerly homeless in Miami to secure meaningful work needed to break their personal cycles of homelessness. As our landlords and benefactors, Mrs. Art Falcone and Marc Roberts have demonstrated their personal commitment to Camillus' goal of ending chronic homelessness in Miami within a decade. And thirdly, the principals of this important project have assured us of their continuing support for the successful and timely relocation of Camillus House by assisting in our ongoing efforts to garner adequate and appropriate levels of public support and private sector contributions to our capital campaign as well as to secure competitive bank financing. On behalf of the Camillus organization, I am pleased to encourage the Miami City Commission's support of the Miami Worldcenter. Sincerely Yours, Paul Ahr, president/CEO." Thank you. Chair Sanchez: Thank you, sir. Next speaker. Enrique Gonzalez: Hello. Rene Gonzalez. I represent Terra Group, 900 Biscayne Boulevard. Just wanted to speak in support of this project. I find it a very exciting project in where we can finally start to see the repair of the urban fabric for downtown Miami and Park West. I think it's essential that we consider this project to move forward and it's one step closer to Miami becoming a world -class city. I speak in support of this project. Chair Sanchez: Thank you, sir. Commissioner Gonzalez: Thank you. Chair Sanchez: Next speaker, state your name and address for the record. Also, before -- anyone who walked in prior to the acknowledgement of the public speakers, if anything, we're going to have to swear you in; so when the last speaker is done, I'll advise the City Clerk to swear those that'll be putting any comments in front of the record. Alyce Robertson: Alyce Robertson, executive director of the Miami DDA, 200 South Biscayne Boulevard Suite 2929. I'm here in support of this project. This is a long -neglected part of downtown, and this project brings lots of lifeblood and it also -- I think it's a stunning representation of a walkable and sustainable type of a development with lots of pedestrian opportunities. And the DDA Board did take a vote last Friday on October 17 in favor of this project. Thankyou. Chair Sanchez: Thank you. Next speaker. All right. Next speaker. Anyone who wants to speak on this item that arrived late, before you speak, you have to be sworn in; so anyone wish to speak on this item that has not been sworn in? Okay. No one else? All right, sir. GregMirmelli: Hi. I'm Greg Mirmelli from Park West Parking, an employer of over 40 employees in the Park West area; also here to support this project. I think, during the times we're seeing recession and possibly depression going on in this country; a lot of credit to this group for sticking through and pushing this to happen. And strongly support this project, andl hope you guys do too. Thankyou. Chair Sanchez: Thank you. Anyone else? If not, ladies and gentlemen, the public hearing is closed coming back to the Commission for discussion. At this time I'd like to recognize the Vice Chair. City ofMiami Page 71 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: Actually, I'm going to defer to -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- Commissioner Sarnofffirst. Commissioner Sarnoff. No, please. Chair Sanchez: Well, he doesn't -- Commissioner Sarnoff. Go ahead. Vice Chair Spence -Jones: (INAUDIBLE). Commissioner Sarnoff. Go ahead. Chair Sanchez: This is the overlay -- Commissioner Sarnoff. I'd like to finish, not begin. Chair Sanchez: -- this is the zoning for 16.2. You're recognized for the record. Vice Chair Spence -Jones: Okay. There's a couple of things, but do want to say this. First of all, I want to acknowledge Nitkin [sic] and the whole entire group for going above and beyond the call of duty to make sure that all of the key organizations in the area had the opportunity to voice their concerns and issues with the project, andl think that, for the most part, all of the feedback that we've gotten back from many of the organizations have been very positive. So I want to at least publicly acknowledge you and the group for at least doing that and making sure that before this project moves to the next level, that you took that into consideration. Same thing with you, Mr. Kasdin. Thanks very much for making sure that that happened. I know you knew I had concerns in the very beginning with the project, and making sure that the residents and the folks in the area knew what was happening. I do believe, and have said from day one that I do believe the project can be a great project not only for the Park West area, not only for the Overtown area, but for the City itself so I think that we're definitely moving in the right direction from that perspective. My concerns from day one, andl -- a lot of it came from our counsel and from our CRA. And I'm not sure where -- Jim, if you can also come out too, because I need for Jim to also put some stuff on the record so we're all on the same page. Was the DRI (Development Regional Impact) credits -- andl know that we're Chair Sanchez: Could we handle them in the ? Vice Chair Spence -Jones: -- I know we're not going to address that until Chair Sanchez: -- agreement? Vice Chair Spence -Jones: -- item PZ.16. I know that. I just still would like to at least let them know what my concerns were, which was the DRI credits, and we'll address those when we get to PZ.16. I would like for my -- at least my director from the CRA to at least put something officially on the record. I know that he has -- also had the opportunity to meet with you regarding all of the -- the whole entire project, so if Jim Villacorta, if you can afford him the opportunity to do that, I would greatly appreciate it. James Villacorta: James Villacorta, director of the City of Miami's Community Redevelopment Agencies. We've worked with the Miami Worldcenter for over two years now on this project. We City of Miami Page 72 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 supported them in front of the Planning Advisory Board. This project removes slum and blight conditions, reinforces the property tax base, reduces travel distance for downtown workers, resolves transportation conflicts, expands housing choices for downtown workers and encourages a comprehensive large scale redevelopment of Park West, all of which are elements of the redevelopment plan. Vice Chair Spence -Jones: And, Jim, I just want to make sure you officially put it on the record that --from the CRA's perspective, your viewpoint on support for the project, and just making sure that we're clear that it has been vetted out with you guys fully. Mr. Villacorta: The project was presented to the Overtown Oversight Board September 18. It was presented to the Historic Folklife Village Association September 24. It was presented at a town hall meeting in Overtown on September 29 and to the CRA board October 7. All of those meetings were -- had positive responses. Vice Chair Spence -Jones: And you're comfortable -- and the CRA is comfortable with the project? Mr. Villacorta: Yes. We support the project. Vice Chair Spence -Jones: Okay. Chair Sanchez: And the zoning? Mr. Villacorta: Yes. Chair Sanchez: 'Cause the item that's in front of us, PZ. 19 [sic], is the zoning. Vice Chair Spence -Jones: Is the zoning. Mr. Villacorta: Yeah. I mean, I'd defer to City staff on the zoning issues, but we are generally positive. Vice Chair Spence -Jones: Okay. I just wanted to make sure. Thank you, Mr. Chairman. I just have one more, since you brought up the zoning. Can I have Ana Gelabert at the podium, too? Ann, just so that we're -- Ana Gelabert-Sanchez (Director, Planning): Yes. The Planning Department supports. We have been working with this group for a little while, and we have to say that we're excited about the project. This is going to be the same type of regulations that we are promoting under Miami 21, and this project is doing exactly that through the zoning -- Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: -- so we're very excited and obviously support it. Vice Chair Spence -Jones: Now, I know the item's going to come back to us for a second reading. I just would like to also put officially on the record too, Ana, that we addressed the affordable housing trust fund issue in here. I thinkl might have had this discussion with one of the staff members regarding the issue and the $12.40 per square foot for affordable housing. I wanted to make sure that that's also being addressed. Ms. Gelabert-Sanchez: That -- Vice Chair Spence -Jones: It's not being locked in due to the inflation and all of those other City of Miami Page 73 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 things, so by the next time that we have the second reading Ms. Gelabert-Sanchez: I'll take a look at it, yeah. The affordable housing, the trust -- that component is in this ordinance. That hasn't changed. The figure -- you spoke to someone from staff? You spoke -- Vice Chair Spence -Jones: Yeah. Ms. Gelabert-Sanchez: -- to the City Manager? Vice Chair Spence -Jones: Basically, it was communicated to me that the $12.40 that we would normally have regarding the issue of affordable housing trust fund was locked in at this amount. Well, we just want to make sure -- and maybe Madam City Attorney can address this so that I'm clear, that this -- before the second reading, we can address the issue of the change. Because of inflation and because things will change Ms. Gelabert-Sanchez: We'll be ready -- Vice Chair Spence -Jones: -- we don't want to get locked into -- Ms. Gelabert-Sanchez: -- to discuss it on the second reading. Vice Chair Spence -Jones: -- a rates because you know we need the dollars to support also affordable housing in the area. Do you understand what I'm talk -- Ms. Gelabert-Sanchez: I do. Vice Chair Spence -Jones: -- speaking of now? Ms. Gelabert-Sanchez: Yes, I do. Vice Chair Spence -Jones: Okay. Madam City Attorney -- Pamela E. Burns (Assistant City Clerk): Excuse me. Vice Chair Spence -Jones: -- are you aware of what I'm talking about regarding this zoning -related issue? Maria J. Chiaro (Deputy City Attorney): Yes, ma'am. And before second reading, we will make sure that we -- Vice Chair Spence -Jones: Adjust the -- Ms. Chiaro: -- at least advise you exactly what will happen if -- you know, on the approval and how it can be fixed. Vice Chair Spence -Jones: Okay. Ms. Burns: Excuse me. Could we have your name for the record, please? Ms. Gelabert-Sanchez: Ana Gelabert, Planning director. Chair Sanchez: Sir, do you want to respond to that? Sam Poole: Mr. Chair, Sam Poole, Berger Singerman, 200 South Biscayne Boulevard, in City of Miami Page 74 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Miami. Section 16.12.17.2.1 deals with the trust fund contributions, and it says that that $12.40 number, that it is as of the time of approval and subject to applicable price adjustments at the time of building permit application, so it's specifically in here that it is subject to price adjustments. Vice Chair Spence -Jones: Okay. So I just want to make sure, Madam City Attorney, are you comfortable with that? Ms. Chiaro: I -- we need to make sure that in dealing with entering into the development agreement, which is PZ.16, that it is clear that that provision, in its flexibility, is reflected -- Vice Chair Spence -Jones: Okay. Ms. Chiaro: -- and that it's not frozen from the date, but we can talk about that when we get to PZ (Planning & Zoning) Commissioner Sarnoff. Well, it's on page 12 of 13 of the ordinance, at Section 16.12.17.2.2, so it's right there. Ms. Chiaro: In the ordinance. Commissioner Sarnoff. That's what we're discussing. Chair Sanchez: All right. Ms. Chiaro: I under -- I just want to make sure that when we have it in the development agreement that the flexibility is there. I understand the tenor of this. Commissioner Sarnoff. I'm -- I understand. I thought we were only here to discuss the zoning, and then we would discuss whether the agreement fits the zoning. Chair Sanchez: Just -- let's separate the items. We're on the zoning. Let's get through the zoning, then we'll go to PZ.10, which is the atlas change, okay. Any further questions on the zoning? The issues that we're going to address -- and I'm sure there's going to be plenty of questions -- is on the agreement itself, okay? So PZ.9, any further discussion on PZ.9, which is the zoning? Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I like to ask anyone from the project to see ifI can get an answer. Number one, we're all, of course, impressed by the project, but the briefing that I got from the Administration is that we're locking a zoning, so we are not changing a zoning; right? Chair Sanchez: Could somebody -- Commissioner Regalado: Anybody? Chair Sanchez: -- can you come -- can somebody come up here and address his concerns? Ms. Gelabert-Sanchez: Yes. The zoning is -- will stay. That's on the -- the 20 years on the development agreement is saying that the zoning, it is as it's being proposed today. Commissioner Regalado: Right. That was my question. I hope that you said that because my question is what's more important for the project, the zoning that we are approving or the development agreement? City of Miami Page 75 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Poole: I don't think you can separate them, sir. The zoning is being established through the -- this rezoning; the development agreement establishes the level of agreement over a 20 year period, which is allowed by Florida Statute, so it puts that zoning in place and allows a developer the assurance, the -- mutual assurances with the City that the zoning will remain in place as they're making their investments over an extended period of time. Commissioner Regalado: So what you're saying is that the development agreement is more important that we are doing here in the zoning because it's about 20 years? Mr. Motwani: Commissioner, if you'll allow me to respond that. The zoning is extremely important -- Vice Chair Spence -Jones: Just put -- Nitkin [sic], put your name on the record. Mr. Motwani: I'm sorry. Nitin Motwani, Miami Worldcenter Group. The zoning is important because we need to understand where to start, and that's why we've been moving forward with this so diligently because we want to take this project and move it forward The development agreement is important for both the City and for the developers because when we start developing this, we want to make sure that the integrity is maintained throughout in that, in 20 years from now when we look back, we had the opportunity to develop it the right way and correctly. From the City's standpoint, the development agreement ensures that we will continue to do what the intentions were when all of this started, and it will also ensure the public spaces that we've discussed to make sure the City is given all of those benefits as well. Commissioner Regalado: Right. So -- Mr. Motwani: So one of the -- Commissioner Regalado: -- for you it's paramount, the development agreement, right? Mr. Motwani: No. The development agreement is actually something) think that the City feels strongly about to ensure they get their public spaces, and it is something that is important to us because to make this kind of investment, you're really investing in the future. You're investing in a long-term vision. This isn't a short term project. Commissioner Regalado: Right. So this is your vision in the next 20 years. This is the need that you have for the zoning. Do you own all the properties in this zone? Mr. Motwani: No, we don't. We control about 80 percent of the properties in this area. Commissioner Regalado: And what about the other 20 percent? Mr. Motwani: For those that we aren't able to reach an agreement with, they're free to develop it as they would under current zoning. It does not down zone them. It does not change their uses. They're free to develop it exactly as they would today. Commissioner Regalado: Exactly. They will not be changed or guided by Miami 21, right, because that zoning will be locked. Ms. Gelabert-Sanchez: Well, there's two things. The zoning for the whole area is changing to what is being proposed as 16.3. The development agreement is only binding the 20 years for the properties that the Miami Worldcenter owns. The other properties that are not part of the agreement have to abide by the guidelines, but they're not bound to the development agreements. But the guidelines are for the whole area. City of Miami Page 76 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Regalado: Have to abide -- Ms. Gelabert-Sanchez: By the guidelines of 16.3. Commissioner Regalado: -- by the guidelines. Ms. Gelabert-Sanchez: That's correct. Commissioner Regalado: Unless they reach an agreement with him, right? Ms. Gelabert-Sanchez: If they reach -- if -- I'm sorry if they reach an agreement -- the guidelines on the zoning is the zoning. The development agreement is another component that is different, but the zoning and the guidelines that are being proposed within this area, everyone has to do them. Commissioner Regalado: Ana, I understand. But what I'm trying to understand is that 20 percent have to adopt whatever the City says or whatever Miami 21 says, but if they reach an agreement with him, they -- their guidance will be the zoning that we are approving today; is that correct? Ms. Gelabert-Sanchez: Let me phrase it -- I'm making sure that I'm today the 80 or the 20 percent, 100 percent of those properties within the area that is on your map, as the area bounded by the Miami Worldcenter, 16.3, have to follow the guidelines that are being proposed. Either they're part ofMiami Worldcenter or they're not -- Chair Sanchez: No. Ms. Gelabert-Sanchez: -- they have to abide by those rules. What we're saying about the Miami 21 and the intent is the same type of guidelines that we're promoting on -- and presenting to Miami 21. That's just kind of a piece of information. But the 16.3, if it's approved today and adopted on second, those are the rules that are going to be -- have to be followed by that 100 percent of the properties, be the 80 that (UNINTET,TIGIBLE) controls or the 20 of the other remaining 20 -- Chair Sanchez: For 20 years? Ms. Gelabert-Sanchez: -- for the zoning. The development agreement -- Commissioner Sarnoff No. The zoning is it. That's it. Ms. Gelabert-Sanchez: -- is the -- no, no. The zoning, it will -- the zoning is what they have, so if Miami the zoning is everyone has to abide by it. The agreement of not down zoning for 20 years, that is part of your development agreement, is only for the properties that Miami Worldcenter controls. Commissioner Regalado: Okay. So the other question is as of now, Worldcenter is just a picture, an idea, and a hope. This morning a person came here with a hotel and they said "We're going to start building in February of next year." So what everybody wants to know, with all these prices and the construction and banking and credit industry, when would you be able - -? Suppose that you get out of here today with everything okay, when would you be able to start construction of phase 1? Mr. Motwani: Nitin Motwani, Miami Worldcenter Group. It's a great question, and unfortunately, we are in uncertain times. And the gentle -- the group that came and proposed that hotel knew years ago what their zoning was and was able to design a hotel and get it City ofMiami Page 77 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 flagged. Commissioner Regalado: No, he did not. He came to change. He design a condo. Mr. Motwani: Oh, I apol -- I wasn't here. Commissioner Regalado: Yeah. Mr. Motwani: I apologize. Commissioner Regalado: He designed a condo and that's why he change, and that's -- that is my question. My question is that, you know, you have been working for years on this, but, you know, what happened? Mr. Motwani: Right. Well -- Commissioner Regalado: And then -- Mr. Motwani: You're absolutely right. And we have been working very diligently. Once the zoning is approved -- so not today, but assuming we pass today and come back November 13 and are successful, we would then go into specific building designs. We have been in conversations with different hotel companies and retail and restaurateurs, all of which seem very excited. But given the uncertain times we are, we have to go through certain steps. Andl can assure you, our interests are mutually aligned. We have a significant investment in this area. We have spent a tremendous amount of time, energy and money not only purchasing the land but putting -- coming together with guidelines that the City worked very hard -- diligently with us on to make sure it was following the ideals ofMiami 21 and moving in the right direction. So we have a lot of money here invested. We're here for the long term. This obviously isn't a small project or something we're just going to, you know, be in and out of very quickly. We want to move forward as quickly as possible, Commissioner, but apologize at this time; I can't give you an exact -- Commissioner Regalado: No. And I -- I just want to understand because -- I mean, I know the hardship that you're going through because you invested your money, but you don't know if you will have the support of the banking, of the credit system; and we don't even know if this is going to happen next year, so that's -- what I'm trying to understand is -- because -- and the reason I'm doing it is not technical. It's about perception. Mr. Motwani: Sure. Commissioner Regalado: Because, you know, you go out and ask anybody -- andl work in perception, in marketing, in news. To the people ofMiami, in one month they're going to start seeing this project go up in Park West because it was a front page in the newspaper, it was celebrated. You're all going to have a huge party to celebrate, and the perception is that this is something that is going to happen very soon. And l just want to understand -- and you're being very gracious and honest -- that this is not something that is coming up tomorrow. Mr. Motwani: That's correct. Commissioner Regalado: Okay. Chair Sanchez: Did that answer your question? Commissioner Regalado: Yeah. Well, no -- City ofMiami Page 78 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: Okay. Commissioner Regalado: -- because Chair Sanchez: Vice Chair Spence -Jones. Commissioner Regalado: -- he doesn't know. Vice Chair Spence -Jones: I just want to say to Nitkin [sic] and the entire group and to the community -- I mean, I think that what Commissioner Regalado just communicated is really kind of what the issues would be from the perspective of all three items with the perception, and from my perspective, I know that you have addressed the perception -related issues with many of the Overtown organizations, so at least they have a sense that the project is not happening tomorrow, andl think that that was one of the biggest issues; and that, you know, they were not going to have any inclusion whatsoever. And justfrom the adjustments that you've made from two years or a year ago, even six months ago, shows that you're trying to really make some sort of transition into both neighborhoods so that there is, you know, allow happening between, you know, both sides of the track. So I would agree with Commissioner Regalado. I mean, that's probably one of the biggest perceptions that we all have to deal with regarding this project, is that people feel like something is happening tomorrow when the reality is it's not, andl think that that's probably one of the messaging that you probably need to also get out after all of this, is to make sure people understand that it's not happening very soon. So I think that that -- Mr. Motwani: Thank you. Vice Chair Spence -Jones: -- I agree with him on that end. I'm going to wait till PZ.16 since my Chairman keeps saying to me, "Commissioner, it's PZ.16" to address all my other issues, but for the most part, I'm okay with everything. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. Yeah. I thought the one thing could do is sort of put some perspective into this. Since we've been discussing this, the stock market's gone down 100 points, and that's a perspective just to suggest to you that no one really knows what the future holds, and yet, you have a developer here who is moving forward on a project in a place that will suggest to you has not seen development since 1965. That means that that particular section ofMiami has missedfour boom periods in the City ofMiami. Four times in the City ofMiami's history we've had unprecedented growth, and guess what's happened in that fallow section ofMiami? That's right, folks nothing, absolutely nothing. Now, you could say this is right, you could say this is wrong; you could say could tweak this this way andl could tweak it that way, but ifyou don't give a developer an incentive and a reason to do something here, we can sit for another 45 years and Commissioner Gonzalez's great great grandson could be sitting on this Commission saying, "You know, my grand dad didn't do anything either." Or we could take a shot and take our chance of giving a developer a defined moment in time where he can weather the storm of -- the storm clouds of uncertainty certainly in the stock market. And what he's asking for on PZ.9 is, very simply, an overlay district, a predictability. There are some issues I have with it. I prefer not to deal with it directly on the dais. There is some transfer rights, which I am a huge fan of butt have some questions on the transfer rights, I have some questions on the open space, but think can satisfy them between now and the next reading. But to put it in a perspective for the dais here today, we can either allow this part of the City to lay fallow, which is something we've done a pretty good job of for the past 45 years, or we could take our chances and set a criteria for this entire district and allow it every opportunity of growth, every opportunity to close a gaping hole in the City ofMiami's downtown so that we have a Times Square, so that we have an entertainment district, so that we have something that looks like it's designed not from one building to another, but from an entire district. You know, I was in Dubai probably about two City ofMiami Page 79 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 months ago. You know what their city looks like? It looks like it's being built one building at a time; beautiful buildings, absolutely gorgeous architecture. No theme to it whatsoever. You couldn't put five buildings together and call it a promenade if you tried However, you're doing it just the opposite here. You're creating a district and you're saying, "These are the buildings that could go here and maybe should go here, but this is the design criteria that we are creating." Now, if you choose to live in Dubai, it's a beautiful place. But if you choose to design a city, this is how you do it, through planning. You plan block after block, you plan building after building, and you set design criteria; and that's what we're doing. I have some questions, no doubt about it, but for PZ.9 we're here to set an overlay district, nothing more and nothing less. And what I really enjoy about PZ.9 and what I really enjoy about SD-16.3 is it allows transfer of FAR (floor/area ratio), and that's a concept the City ofMiami needs to grapple with, it needs to get comfortable with, and it needs to embrace. Because if you want to plan your city, you've got to be able to transfer your FARs so you can create great public open spaces, something they've been extremely successful in. Barcelona, Madrid, Europe, they understand public spaces. Our land is valuable, no two ways about it, and we need to allow people to transfer FAR rights. So I wholeheartedly endorse PZ.9. I'll have some comments. I'll do them off the record. I'll show them to the City Attorney. But strongly urge my fellow Commissioners not to allow this to remain another 45 years. Chair Sanchez: All right. Commissioner Gonzalez. Commissioner Gonzalez: I agreed a hundred percent with everything that Commissioner Sarnoff has -- Chair Sanchez: Stated on the record. Commissioner Gonzalez: -- stated. I think 45 years is enough, I believe. Chair Sanchez: I can guarantee you that if you were to visit any other city in the state of Florida today, none of those cities will be offered an opportunity like this based on the economy that's in our great nation, so I see it as a beacon of hope. But let me tell you what we did here, andl guess all of you realize what we did here. We paved the way for this revitalization, and it took 24 years for this government, working with the people, to find a solution, to finally come together, put their pettiness aside, their party side [sic], their egos and come to a common purpose to agree to put Camillus House where it is and where we just did the grand -- the groundbreaking. Vice Chair Spence -Jones: Groundbreaking. Chair Sanchez: When Camillus House moved from that area, it allowed this opportunity. And all we're -- you're doing here on PZ.9 is the ordinance is putting the zoning in place, which I don't think anybody in their right mind would invest millions in [sic] dollars in this economy not having the assurance of what they could build there. There is no upzoning, there is no changing in use, but the opportunity that it creates for the revitalization for this city for the many years to come is priceless, and we have this opportunity here today. I do have some concerns also I'll bring out on PZ. 16, which that's the development agreement, but other than that, I think that this -- the economic revitalization and enhancement to downtown Miami will be something that my children and maybe my grandchildren will benefit from and enjoy. So having said that, I think it is an ordinance on first reading. It'll come back to us for second reading. Madam Attorney, read the ordinance into the record, followed by a roll call, on PZ.9, which is putting the zoning in place. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call. City ofMiami Page 80 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Burns: And Mr. Chair -- Chair Sanchez: As -- Yes, as amended with -- I think there's the language of the PAB Board that has to be put on the record. Can we do that? Mr. Lavernia: Yes. Adding what will result on the date of the City Commission and excluding what I mentioned originally. Chair Sanchez: All right. Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, as modified, 5/0. PZ.10 08-01015zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NOS. 23 AND 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING SD-16.3 "MIAMI WORLDCENTER", GENERALLY BOUNDED BY NORTHEAST 2ND AVENUE TO THE EAST, NORTH MIAMI AVENUE TO THE WEST, NORTHEAST 11TH STREET TO THE NORTH AND NORTHEAST 6TH STREET TO THE SOUTH, EXCLUDING THE AREAS GENERALLY DESCRIBED AS "THE CLUB DISTRICT" AND THE "NETWORK ACCESS POINT OF THE AMERICAS (NAP CENTER)"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01015zc Analysis.pdf 08-01015zc Color Map.pdf 08-01015zc PAB Reso.PDF 08-01015zc CC Legislation (Version 3).pdf 08-01015zc ExhibitA.pdf 08-01015zc CC SR Fact Sheet.pdf LOCATION: Bounded by NE 2nd Avenue to the East, N Miami Avenue to the West, NE 11th Street to the North and NE 6th Street to the South [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 October 15, 2008 by a vote of 5-0. See companion File Ds 08-01015zt and 08-01015da. PURPOSE: This will add the SD-16.3 "Miami Worldcenter" to the above City of Miami Page 81 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 location. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Now we go to PZ.10, which is a companion item, and this item pertains to the atlas change which basically supports the land change to create the Miami Worldcenter. Roberto Lavernia (Chief of Land Development, Planning Department): Exactly. Chair Sanchez: You're recognized for the record. Mr. Lavernia: It's just putting on the zoning atlas the boundaries for the district as SD-16.3. Chair Sanchez: Okay. Commissioner Sarnoff. So moved. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair. Before we open up for discussion, it requires a public hearing. It is an ordinance on first reading; it requires to come back to the Commission on second reading. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back for deliberation. Hearing no comments, 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: Okay, roll call. Pamela E. Burns (Assistant City Clerk): And we also have a substitution on this item, Mr. Chair? Chair Sanchez: I don't believe so. There's no substitution on this item. Is it the same item? Do you got a -- Mr. Lavernia: The same one. The result of the Planning Advisory Board. Chair Sanchez: Okay. All right. I do apologize, Madam Clerk. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 5/0, as modified Chair Sanchez: All right. PZ.11 08-00887zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE City of Miami Page 82 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 6, SECTION 609.5, ENTITLED "CONDITIONAL PRINCIPAL USES," TO ALLOW THE OPEN AIR MARKET USE ON SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, ON BISCAYNE BOULEVARD BETWEEN NORTHEAST 51 ST STREET AND 77ST STREET, MIAMI, FLORIDA; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00887zt Color Map.pdf 08-00887zt PAB Resos.PDF 08-00887zt CC Legislation (Version 2).pdf 08-00887zt CC SR Fact Sheet.pdf LOCATION: Along the East and West Sides of Biscayne Boulevard Between NE 51 st Street and NE 77th Street [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 September 17, 2008 by a vote of 6-2. The Board also recommended to the City Commission that the ordinance be reviewed again in four years by a vote of 6-2. PURPOSE: This will modify the SD-9 Biscayne Boulevard North Overlay District in order to allow an Open Air Market use. Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado Chair Sanchez: All right, we move on to PZ (Planning & Zoning) -- Commissioner Gonzalez: Eleven, huh? Maria J. Chiaro (Deputy City Attorney): Yeah, 11. Chair Sanchez: PZ.11. Lourdes Slazyk (Zoning Administrator): PZ.11 is -- [Later..] Chair Sanchez: All right. Ms. Slazyk: PZ.11 is a first reading ordinance. This is in order to amend SD-9, which is your Biscayne Boulevard north overlay district. What this item is doing is creating an open air market overlay area within SD-9. It'll cover that part of SD-9 between 51 st Street and 77th Street. What this ordinance will do is allow the properties within SD-9 that have an underlying C-1 zoning within those areas to apply for Class II Special Permits to do open air markets, farmers markets and craft markets on Saturdays and Sundays only. There are a series of City of Miami Page 83 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 conditions and criteria that we placed in the Code as part of the Class II in order to do this, including limitations on the size of the property; has to be no less than 15,000 square feet, the outdoor market is limited to no more than 65 percent of the area of the property for -- as display areas; all the tables and materials must be removed at the end of the permitted operation period, which will be between the hours of 8 a.m. and 8 p.m. on Saturdays and Sundays. There's also a setback zone of 25 feet from any abutting residentially -zoned districts, and there is a limitation that these markets can't be located more than 1,500 feet from another outdoor market; and finally, the items to be sold will be limited to fresh fruits, vegetables, hand -made crafts, prepared raw foods and drinks derived from fresh fruits and vegetables. That's all that can be sold within these Saturday and Sunday markets. Thank you. Commissioner Sarnoff. Move PZ.11. Chair Sanchez: Second. Vice Chair Spence -Jones: Well, we have a motion and second, but we'd like to open it up to the public to see if there's any comments on this item first. Chair Sanchez: Madam -- Eric Silverman: First, I would like to thank the Board and everyone for all their support, and Zoning for all the work -- Vice Chair Spence -Jones: Your name and address for the record. Mr. Silverman: I'm sorry. My name is Eric Silverman from the Vagabond, 7301 Biscayne Boulevard. Andl appreciate all the support and the time, that Zoning and everyone has spent. We're excited to be opening on November 1, where we have our first permit; invite you all. The only question that I have and would like for you to possibly reconsider and -- as you said about jobs and work, we're creating -- a lot of people coming out -- jobs on the property, but initially, what we had asked for was be able to have, andl believe strongly, that the area for antiques and collectibles is very important for the MiMo (Miami Modern) district. We are preserving a beautiful historic building and we are not a slum landlord by any means, and many people find these spaces affordable at $100 for a table for the day to sell their goods and to bring money in, and one of the things that we've gone back and forth -- so what's happened is that we've been turning away a lot of people that do want the opportunity, although being selective, to show some of their crafts; and unfortunately, many of them are being forced to go to 123rd Street in North Miami Beach around the Momo, and we'd really like to keep those people in the MiMo district. By no means do we wish to have a flea market. We want to be extremely selective. We proposed a community group to help police it, and if there's the opportunity to consider having in some of these crafts, some of these vintage collectibles, we put 1, 000 square feet aside for things that could not be shown outside and already the space is full and we're turning people away. So I appreciate all the support. Andl was just wondering if it might be possible to bring this to a discussion here to the Board? Vice Chair Spence -Jones: Okay. We had a motion and a second on this item. I know this is in Commissioner Sarnoffs district. And Lourdes, I don't -- Was this something that was already dressed, Commissioner? Commissioner Sarnoff. Yeah. We've had many meetings on this in the community, and this is how it -- the community has decided to proceed forward, and there's no words you can choose to dictate taste; and this could become a flea market of sorts if we continue to allow more and more things in there. I understand what Eric wants. I heard him a moment ago saying he's already at full capacity -- fairly at full capacity. City of Miami Page 84 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Silverman: For the inside market. Commissioner Sarnoff. Well, I got you, Eric. But you know, we had over 100 people show up for this, and most of the people there opposed putting furniture out there, andl know the Planning Department opposes it. You know, I could easily withdraw my motion and we can go back to studying this. Mr. Silverman: I'm happy to take the market conversation --I'm happy to take the vintage conversation off. I'd just like the opportunity one time down the road to be able to come back and revisit it, if -- Commissioner Sarnoff. I think what we should do is -- and you've had your -- you're about to get your first green market. The Boulevard has had a green market; it's been a tremendous success. I guess as Claire's -- what's Claire's last name? Claire -- Mr. Silverman: Tomlinson? Commissioner Sarnoff. -- Tomlinson's green market, and that's been done at the Legion Park. This is going to extend down to you, andl think most Commissioners will agree, three successful restaurants in a row are better than one successful restaurant because it just creates a certain connectivity and a certain amount of walkability. I give you all sorts of accolades, Eric, but this has been a vetted issue with the community, and the community's gone back and forth with this. I think you have to operate for a year, see how it works, and then -- you know, let's crawl, walk before we run, and let's take our chance at this ordinance for right now. Mr. Silverman: We'd be more than happy -- Vice Chair Spence -Jones: Okay. All right, so the -- Mr. Silverman: -- to revisit it then. Thank you for your support. Vice Chair Spence -Jones: -- district Commissioner has spoken on the issue, andl follow suit in supporting what he sees is beneficial for the area. So at this point, we're going to keep it as it is, correct? Ms. Slazyk: Yes. Vice Chair Spence -Jones: So we had a motion and a second. All in favor? Commissioner Sarnoff. No, no. Commissioner Gonzalez: No. Pamela E. Burns (Assistant City Clerk): No. Commissioner Sarnoff. Ordinance. Ms. Slazyk: It's an ordinance. Vice Chair Spence -Jones: Oh. Ms. Burns: Excuse me, Madam Vice Chair. We need to open this up to a public hearing. Vice Chair Spence -Jones: Well, I just did. City of Miami Page 85 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Gonzalez: She already did. Ms. Burns: Okay. Vice Chair Spence -Jones: I already did. Is there -- are there any more comments on the open market? Okay. I'd like to officially -- did --? Ann Carlton: Can I talk? Vice Chair Spence -Jones: Ma'am. Yeah. Ms. Carlton: Thank you. My name is Ann Carlton. I live at 743 Northeast 80th Street, just north from the MiMo district. I have -- as a matter of fact, I have space in the Vagabond, and I'm 100 percent for it because we have people that come in there all the time and they're very anxious to see what we have. I can't see why this should be turned down in any aspect because it will benefit the area, and it will benefit the people living in the area. I'm 100 percent for it. A lot of the people in our area -- and say our area, my particular area where I live -- are 100 percent for it, and we would appreciate your consideration. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: Thank you, ma'am. Any more comments on the item? Okay, the public hearing is officially closed. It comes back to the dais. We had -- Madam Clerk, we had a first -- I mean, a -- we had a motion, and we had a second. Ms. Burns: That's correct. Vice Chair Spence -Jones: Right? So it's an ordinance, so we need to read it into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Gonzalez: Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 3/0. Mr. Silverman: Thank you. PZ.12 08-00888zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, ENTITLED "SIGN REGULATIONS," AS AMENDED, BY AMENDING SECTION 10.6.3.6, ENTITLED "SD-6, 6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS," TO ALLOW FOR TEMPORARY SIGNS FOR PERFORMING ARTS VENUES BY CLASS I SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 86 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-00888zt PAB Reso.PDF 08-00888zt CC Legislation (Version 3).pdf 08-00888zt CC SR Fact Sheet.pdf LOCATION: Citywide 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 September 17, 2008 by a vote of 7-1 with an amendment to keep non-residential real estate signs not exceed fifteen (15) square feet and residential real estate signs not exceed one (1) square foot. PURPOSE: This will allow temporary signs for performing arts venues by Class I Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado Vice Chair Spence -Jones: We're going to move on to PZ.12. Staff. Lourdes Slazyk (Zoning Administrator): Yes. PZ.12 is a first reading ordinance in order to allow for temporary signs for performing arts venues by Class I Permit. This was something that was when we -- you may recall, we recently allowed the Performing Arts Center to exceed the -- their number of special events onsite in order so they could put those signs on the Arsht Center and be able to advertise their on -site events. This is a permanent solution to their situation. It would allow them 26 at two weeks apiece, which covers the year for their special performances. The second half of this ordinance is amending the real estate signs in order to increase the permissible square footage to match the Miami -Dade County sign code. We originally had the bigger signs in the City. We had to reduce them because the County -- we didn't comply with the County code. The County has since increased their size, and this is our amendment to do that. At the Planning Advisory Board, the Planning Advisory Board recommended approval of the Performing Arts Center portion of this amendment but denial of the real estate sign portion of this amendment. Vice Chair Spence -Jones: Lourdes, why did you bring both of them on one ordinance? Ms. Slazyk: You know, I really -- when we brought this before the Commission several years ago for the real estate signs, there wasn't a big controversy. They were both amendments to the sign code to the same section of the sign code, so it seemed like a logical thing to bring them together. If this Commission wants to bifurcate them or approve one and deny the other, you know -- Vice Chair Spence -Jones: What is your professional opinion, Lourdes? What would you --? Ms. Slazyk: We are recommending approval of both. The signs for the real estate are at one square foot. My understanding was that the industry standard for the residential was more like two square feet and the County raised theirs to the two square feet, which was more the industry standard. However there are other municipalities that limit to the one square foot, like Coral Gables, so it's the Commission's will. City of Miami Page 87 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Sarnoff. I'm going to -- Ms. Slazyk: It's the Commission's will. Commissioner Sarnoff. -- make the motion to approve it in accordance with the PAB (Planning Advisory Board) recommendation -- Ms. Slazyk: Okay. Commissioner Sarnoff. -- leaving out the sign increase for the real estate. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: We had a motion; we had a second. All in --? Well -- Ms. Slazyk: And we'll bring it back second reading without the real estate portion. Commissioner Gonzalez: It's an ordinance. Vice Chair Spence -Jones: Oh, right, but first of all, I got to open it up to the public. Is there -- are there any comments from the public on this item? No comments? Okay, it comes back to the Commission. Madam City Attorney, you want to read it into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff. Yes, andl apologize to the City Attorney. She was trying to exclude that. Ms. Burns: And Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes, as amended. Ms. Burns: This item has passed on first reading, 3/0, as modified PZ.13 08-00889zt 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 620, ENTITLED "SD-20 EDGEWATER OVERLAY DISTRICT; SD-20.1 BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT," IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR MEDICAL AND DENTAL CLINICS AND OFFICES IN THE SD-20.1 BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT BY CLASS II SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 88 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-00889zt PAB Reso.PDF 08-00889zt CC Legislation (Version 2).pdf 08-00889zt CC SR Fact Sheet.pdf LOCATION: Along Biscayne Boulevard to the East and West from NE 17th Terrace to NE 37th Street [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 September 17, 2008 by a vote of 8-0. PURPOSE: This will allow medical and dental offices and clinics in the SD-20.1 Biscayne Boulevard Edgewater Overlay District by Class II Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado Vice Chair Spence -Jones: All right. We're going to move on to PZ.13. We have about five more minutes before break. Lourdes Slazyk (Zoning Administrator: Yeah. PZ.13, very easy. This is a simple cleanup. When we amended SD-9 several months ago to include the medical and dental clinics on Biscayne Boulevard, there was a little piece of Biscayne Boulevard that's SD-20 that we should have included at that time. Commissioner Sarnoff. Move PZ.13. Vice Chair Spence -Jones: I have -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: -- a motion, second. First of all, let me open up to the public. Any issues on this item? Okay. The item comes back to the Commission. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Vice Chair Spence -Jones: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Did you open it to the public? Vice Chair Spence -Jones: Yeah, I did already. Commissioner Gonzalez: Yes, ma'am. Ms. Burns: Commissioner Sarnoff? City of Miami Page 89 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Sarnoff. Yes, ma'am. Ms. Burns: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Burns: This item has passed on first reading, 3/0. Vice Chair Spence -Jones: It's up to you guys; do you want to leave now or just take --? Commissioner Gonzalez: We don't have anything else to take. Commissioner Sarnoff. Five more minutes, we can get -- Ms. Burns: I'm sorry. Madam -- Vice Chair Spence -Jones: We have P -- Ms. Burns: -- Vice Chair, we do have PZ.15 still pending. Vice Chair Spence -Jones: Yeah. I mean, we can go ahead and take PZ.15, guys. Commissioner Gonzalez: Fifteen? Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: Go ahead. Vice Chair Spence -Jones: And then we just have three items when we come back. Commissioner Gonzalez: Go ahead. Vice Chair Spence -Jones: Is it -- seems like it's going to be a long -- well, Commissioner Sanchez is not here, so that would be my only concern. This is in his district. Commissioner Gonzalez: That's the problem. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. What about PZ.14. Vice Chair Spence -Jones: I would -- PZ.14 -- Commissioner Sarnoff. Is that --? Vice Chair Spence -Jones: -- Regalado's asked me to wait. Commissioner Gonzalez: And it is an appeal, I believe, or a variance -- Commissioner Sarnoff. Oh, okay. Commissioner Gonzalez: -- in his district. Commissioner Sarnoff. Sorry. City of Miami Page 90 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: So we're going to go 'head [sic] and adjourn the meeting until after 2 o'clock? Jorge Navarro: It's just a simple variance. I don't know if you'd like to take -- Vice Chair Spence -Jones: I know, but I would like the district Commissioner to be here. Mr. Navarro: No problem. That's fine. Vice Chair Spence -Jones: All right. Mr. Navarro: We could wait till after lunch. Vice Chair Spence -Jones: All right, so we will -- Ms. Burns: Excuse me. Madam Vice Chair, we're going to take a recess until 2, and we needed your name on the record since you did speak. Mr. Navarro: Hi. My name is Jorge Navarro, offices at 5835 Blue Lagoon, Suite 100. Vice Chair Spence -Jones: Okay. Mr. Navarro: Thank you. Vice Chair Spence -Jones: We will take a recess and be back at 2. Commissioner Gonzalez: Two o'clock. PZ.14 08-00539x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 11, SECTION 1106, NONCONFORMING STRUCTURES, TO ALLOW AN EXTENSION OR ENLARGEMENT OF A NON -CONFORMING PRINCIPAL STRUCTURE OF UP TO 50%, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2453 SOUTHWEST 22ND TERRACE, 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. City of Miami Page 91 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-00539x Analysis.PDF 08-00539x Zoning Map.pdf 08-00539x Aerial Map.pdf 08-00539x Application & Supporting Docs.pdf 08-00539x Plans.pdf 08-00539x ZB Reso.PDF 08-00539x Appeal Letter.PDF 08-00539x Code Enforcement Findings.pdf 08-00539x CC Legislation (Version 3).pdf 08-00539x CC Legislation (Version 4).pdf 08-00539x Exhibit A.pdf 08-00539x CC Fact Sheet.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-08-0617 Commissioner Gonzalez: PZ.12, right? Vice Chair Spence -Jones: Yes, PZ.12. I just want to make a note. Commissioner Rega -- we're going to hold on PZ.14 until the afternoon; Commissioner Regalado would like for us to do that. [Later..] Chair Sanchez: All right. Okay, let's take up PZ.14. Neisen Kasdin: Thankyou, Commissioners. Appreciate it very much. Thankyou, Mr. Chair -- Chair Sanchez: Thank you. Mr. Kasdin: -- City -- Chair Sanchez: All right. Vice Chair Spence -Jones: Can he go? Chair Sanchez: Yes, sir, you're recognized for the record. Roberto Lavernia (Chief of Land Development): Roberto Lavernia, with the Planning Department. This is an appeal for a special exception that was in front of the Zoning Board on July 14 and was denied. The special exception is to allow an extension or enlargement of an nonconforming principal structure of up to 50 percent pursuant to plans on file. The Planning Department recommend approval. The Zoning Board deny. This is the appeal of this denial. The Planning Department approve it, finding that there was not enlargement of the degree of nonconformity and there was the legalization of a sitting room to an existing nonconforming structure. The new addition does not increase the degree of nonconformity and the -- and it should always function as a portion of the principal structure, not being converted into a separate unit. Thankyou. Chair Sanchez: All right. Go ahead. Commissioner Regalado: To the staff question. What you are offering is to approve the appeal. City of Miami Page 92 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 The appeal is about the illegal construction. Mr. Lavernia: Yes, sir. The extension of an existing nonconforming structure -- Commissioner Regalado: Okay. Mr. Lavernia: -- which is the construction, yes, sir. Commissioner Regalado: The illegal construction was because of illegal units or an illegal construction --? Mr. Lavernia: What we are saying is that the illegal construction should part -- should function as part of the existing residence and not to be convert as an illegal unit. Commissioner Regalado: Not to be converted? Mr. Lavernia: Yes. Or used as an illegal unit. Commissioner Regalado: But it was used as an illegal unit. Mr. Lavernia: We're recommending not to be used as an illegal unit. Commissioner Regalado: So -- Mr. Lavernia: Be part of the existing residence. Commissioner Regalado: -- explain to me. What you are proposing is that they won't do it anymore; is that correct? Mr. Lavernia: Yes. Commissioner Regalado: And how do we know that? Raimundo Santamaria: I gave my word. Mr. Lavernia: What was constructed first was constructed without the benefit of a building permit. Commissioner Regalado: Huh? Mr. Lavernia: It was constructed without the benefit of a building permit. It was illegal construction. Commissioner Regalado: I understand that. Mr. Lavernia: They are trying to legalize a specific structure existing in there. What we are seeing is that this existing structure, if this is going to be legalized, should function only as part of the exiting residence and not as an illegal unit. Commissioner Regalado: Right. And you will check it everyday? Mr. Lavernia: That's not what we are saying. We have Code enforcement for those cases. Commissioner Regalado: Exactly. That's the point. That is the -- it used to be, right, illegal --? Was it illegal construction? I mean, we need somebody from -- Mariano, is it possible? Were City of Miami Page 93 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 there illegal units there? Mariano Loret De Mola (Director, Code Enforcement): I'm sorry, what is the address? I'm -- Commissioner Regalado: Oh, I'm sorry. It's 2453 Southwest 22nd Terrace. Mr. Loret de Mola: I will have to look, andl can give you the answer in 10 minutes, 5 minutes. Commissioner Regalado: There were illegals. There were illegal units. Mr. Loret de Mola: If it's a case -- Commissioner Regalado: Well, because I received, as always, the copy of -- Maybe Teresita can Mr. Loret de Mola: If it's a case -- I mean, I have to check the history of the property. Commissioner Regalado: No. I understand that you cannot -- Mr. Loret de Mola: I don't have it -- Commissioner Regalado: -- have in your mind -- Mr. Loret de Mola: -- on the top of my head. I will check the history of the property. Commissioner Regalado: But I do know the history -- Mr. Loret de Mola: It will take me five minutes. Commissioner Regalado: No. I do the -- but I do the history, and the history was -- the reason that some neighbors called Code Enforcement is because they were illegal units. Mr. Loret de Mola: Correct, yes. If that's the case, yes -- Commissioner Regalado: Yes, that is the case. Mr. Loret de Mola: -- and we went and we build a case for the illegal unit, and it came to the Code Enforcement Board, we will have a case open. Commissioner Regalado: Okay. Chair Sanchez: I want to listen to the gentleman. You are the -- Mr. Santamaria: My name the Raimundo Luis Santamaria. My father die, andl appreciate this Commission to hear me, you know. I'm sorry; I'm a little bit nervous. Chair Sanchez: It's okay. Mr. Santamaria: I've been -- Commissioner Regalado: No (UNINTET,TIGIBT,F). Mr. Santamaria: -- in and out of the hospital. My father die and he left this house on my sister, on my name. And before he died, he was building this (UNINTELLIGIBLE), you know, as a family house, and when he was building it, he went through the permits and all of that, but he City of Miami Page 94 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 wasn't able to finish the permits because at that time, my mother took up with cancer, so he wasn't able to finish all the permits and all of that. He was trying to finish it up as a washroom or whatever it was. Now, I'm trying to make it up to the legal codes and everything according to the City, butt won't be able to do it unless, you know, this variance is allowed; andl will work together, like you said, with the Code Enforcement and make sure that there is no rental on it and -- Commissioner Regalado: But can you tell us who's living there now? Mr. Santamaria: I rented the house for a single-family home. There is a single-family home now, and that unit -- and it's in this question that nobody's sleeping in it. It be close out -- Commissioner Regalado: Now -- Mr. Santamaria: -- now. Commissioner Regalado: Because some people used to live there. Mr. Santamaria: Well, according to -- Commissioner Regalado: Well -- Mr. Santamaria: Okay. Commissioner Regalado: And I'll tell you why. Your house, the backyard faces the alley, right? Mr. Santamaria: Correct. Commissioner Regalado: Through the alley you can see people living there. I mean, doing -- not a single family, but people -- different people living in different units, and that is what attracted the attention. Mr. Santamaria: Not since I took over, sir. Commissioner Regalado: Okay. That was when? Mr. Santamaria: When my father died about a year and a half ago. Commissioner Regalado: Well, the Code Enforcement case is more recently. Mr. Santamaria: Well, that's what I said, you know. Since the Code Enforcement guy told me, nothing has been in there but a single-family home. I can assure you that, and -- I'm under oath. Chair Sanchez: Okay. Mr. Loret de Mola: Commissioner, I was talking with Teresita over here and she says that there's two cases: illegal unit and work complete without a finalized permit, and the illegal unit case, I think, it was comply. The work without finalized permit is the one that is pending. Chair Sanchez: All right. Is there any members -- any neighbors that are here on this item affected? All right, we need to hear from you. Yes. Okay. Judith Sandoval: Judy Sandoval, 2536Southwest 25th Terrace. I am here representing the Silver Bluff Homeowners Association, and the Association became involved -- all of us live fairly City of Miami Page 95 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 close to this location -- because of complaints from the immediate neighbors to this address. Andl would like to read you some of the complaints and things they have told us, which we are acting on. Okay. Yes, the father was ill. The sister moved in to take care of him. When the father died, the sister lived there long enough to get homestead exemption. She lived in the main part of the house, and then this gentleman, her brother, asked her to leave so he could turn it into a triplex. The tenant living in -- there is a tenant -- this is the latest information we have. There are a number of tenants living in the house. One of them lives in the enclosed carport. There is a couple in the middle portion of the house; a single man in a back portion, which is an illegal construction in the backyard; there are two of them. One of them is made out of aluminum corrugated panels, the roof and the sides of this thing as well, and I've seen them. It's a mess back there. The neighbors called Code Enforcement. There was an illegal sink and a kitchen back there supposedly now removed. Now with this history -- and anybody can go back there and take a look. I have a map of this property. The neighborhood -- the neighbors and the neighborhood association does not think that this gentleman should be given a permit to do anything and should be ordered to take down these illegal units. And he's asking for a 50 percent increase. Well, he's only going to use it -- what does he need it for if they've already got all this other stuff and it's already a single-family house? It's a normal size house, the original house, according to other houses on that street and in our neighborhood. It is a single-family residential neighborhood, and we don't want a rooming house over there. Chair Sanchez: All right. Ms. Sandoval: And the unit that was put on the back -- Chair Sanchez: All right. Ms. Sandoval: -- by his father already is supposed to be nonconforming, so -- Chair Sanchez: You -- Ms. Sandoval: -- please don't allow this gentleman anymore favors and make him take down those other units. Chair Sanchez: I think you've -- Ms. Sandoval: That's -- Chair Sanchez: -- made your point. Next speaker. Ms. Sandoval: Thank you. Gary Haber: I haven't taken an oath yet. Chair Sanchez: I'm sorry? Mr. Haber: I haven't taken the oath. Lourdes Slazyk (Zoning Administrator): (UNINTELLIGIBLE) sworn in. Chair Sanchez: Oh. Mr. Haber: I haven't been sworn in. Chair Sanchez: Madam Clerk, swear him in. City of Miami Page 96 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Mr. Haber: My name is Gary Haber. I am an immediate neighbor. I live at 2462 Southwest 22nd Terrace, the street that's going to have a traffic circle shortly, I hope. I've spoken to -- I'm taking a little different view than the homeowners association. I've spoken to the neighbors on both sides. I live across the street. I understand the hardship that this gentleman is under, but would like, just for the record -- I did listen to the hearing with the -- I guess it was the zone -- the -- not the Zoning -- yeah, I guess it was the Zoning Board, and at that time he stated that "My dad applied for applications. He was frustrated with the process, and said 'Hell with it; I'm just going to build it.'" That's what happened. He really never applied or paid fees or anything else. Mr. Santamaria: No. He did. I have the -- Chair Sanchez: All right. Wait, wait. Hold -- Mr. Santamaria: I have here the permits. Mr. Haber: Well, if you did, that's fine, but that's -- Chair Sanchez: Sir, listen. Mr. Haber: -- not what I heard -- Chair Sanchez: Sir -- Mr. Haber: -- at the last hearing. Chair Sanchez: -- when he's done, I'll give you a little time to rebuttal, okay? But he's -- Mr. Haber: Now -- Chair Sanchez: -- we don't interrupt people when they're speaking here. Mr. Santamaria: Okay. Chair Sanchez: Thank you. Sir. Mr. Haber: There were illegal units. There was three family [sic] living there at one time, okay, and now I'm sure there's more than one family living there. They're quiet, they're nice, but they are living in the entire house. I'm sure he only has one lease, so in his mind, I'm sure he's doing it legal. They're nice people, they're quiet; I have no problem with them. However, the immediate neighbors would like to see him get it legalized, all right. We'd like to see him pay the fees, get the reports that say it's built to standards; they will withhold hurricanes. I have some exhibits here. I have pictures of buildings around the main structure that believe need to be removed. They're aluminum structures that I'm sure are there without permits. I'll be glad to show you pictures. So it's our position that it should be converted to a strictly single-family residence, it should not be allowed to house three different families; and he should go through the process of it getting engineered, brought up to standards and will -- everyone will live happily ever after. That's my position -- Chair Sanchez: Thank you, sir. City of Miami Page 97 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Haber: -- and the immediate neighbors. Chair Sanchez: Anyone else? If not, sir, you have time for rebuttal. You have something to say, or you're going to --? Nina, you want to speak on this? Nina West: I do. I haven't been sworn either. Chair Sanchez: You were just here when we swore in him. Ms. West: Well, when she was -- Chair Sanchez: Just swear her in, please. Ms. West: I swear to tell the truth. Ms. Burns: Please raise your right hand, please. Thank you. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Ms. West: I want to speak in general about the zoning and about residential neighborhoods, and it's very difficult when you live in a single-family residential neighborhood and this happens around you. It's understandable because people want extra income. Sometimes they haven't got so much money, but on the other hand, it destroys the property values of the people surrounding them. That's why we have our zoning. We rely on our zoning to protect our properties, andl will hope that you will declare this an illegal structure and have it removed. Thank you. Chair Sanchez: Thank you. Okay, sir. Mr. Santamaria: I'm here -- Chair Sanchez: You're asking for a variance because you're going to get this fixed correct? Mr. Santamaria: Yes. Chair Sanchez: Okay. Mr. Santamaria: Yes, I am. I intend to have it fixed. That's why ever since Inspector Lezama came to me, andl kept on telling him, you know, I intend to have the (UNINTELLIGIBLE) fixed, you know. But if I have to demolish what my father built, it's going to cost me a lot of money. I'm not -- you know, I'm not a very rich man. Like everybody was saying, you know, right now the -- Chair Sanchez: Well, there may -- Mr. Santamaria: -- the situation is -- Chair Sanchez: -- be -- andl don't know the entire circumstance, but there may be a way where you may not have to destroy all of it, but I mean, you might have to -- if -- you don't have the proper setbacks, you have to show hardship. I mean, I -- you -- Commissioner Gonzalez: What I suggest -- have you been working with the inspector? City of Miami Page 98 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Santamaria: I've been working with the inspector, yeah, in and out. Commissioner Gonzalez: Okay. The inspector can guide you on how to legalize whatever you have there, unless you have a second kitchen. If you have a second kitchen, you will have to remove it because that's what make the unit -- Mr. Santamaria: Right. Commissioner Gonzalez: -- illegal. Mr. Santamaria: But the thing of it is is the addition that is at the side. If that -- if you will allow me the access, you know, on the side, then I will go ahead and remove whatever I have to remove or -- Commissioner Gonzalez: But the problem is that you need to deal with the inspector that has the case open with you -- Mr. Santamaria: I have. Commissioner Gonzalez: -- and he will be able to guide you and tell you exactly what kind of permits you need to do, what kind of paper -- Mr. Santamaria: The problem is the variance, sir. The main thing is the variance. Lourdes Slazyk (Zoning Administrator): Let me try to explain. There were two issues of Code enforcement. Oh, Lourdes Slazyk, Zoning administrator. There were two issues on the property. One was illegal units; the other was illegal construction. The illegal units was that they had more families living there than the Code allowed. That's been cleared already. In order to legalize the structures, what was built without proper building permits, that's what this hearing is for. When he was cited at -- Commissioner Regalado: No, no, no, no, no. Ms. Slazyk: This hearing -- Commissioner Regalado: This hearing is -- Ms. Slazyk. Special exception. Commissioner Regalado: -- it started because of the illegal units. Ms. Slazyk. The -- yes, but the illegal structure is still a pending violation. Commissioner Regalado: The illegal structures are the illegal units. Ms. Slazyk. Okay. But once the families move out, the structure can be legalized. Commissioner Regalado: Okay. Ms. Slazyk. It can be a single family living -- Commissioner Regalado: Exactly. Ms. Slazyk: -- in the structure, but he can't get the building permits for it without this hearing. City of Miami Page 99 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Regalado: Exactly. Ms. Slazyk: He can't legalize it. What I wanted to explain to the Commission is this is a special exception; it's not a variance. This is actually good for the City because if there's a condition on this special exception that he may only use this as single family residence, if he's ever found, just one more time, in violation of that condition, you can rescind it and make him tear this down. Chair Sanchez: All right. Commissioner Regalado: Okay. Chair Sanchez: So is it --? Commissioner Regalado: Lourdes? Ms. Slazyk. You could -- or you -- if you deny this, then he would have to tear it down -- Commissioner Regalado: Lourdes -- Ms. Slazyk. -- because he can't get a building permit without this. Commissioner Regalado: -- I'm more familiar with this -- Ms. Slazyk. Right. Commissioner Regalado: -- property than anybody here. I think even him because he doesn't live there. Ms. Slazyk. I know. Commissioner Regalado: Because I live a block from there, andl take that alley once a day, andl go by 24, andl go by 25th; andl have to go to CVS (Consumer Value Stores) two or three times a week. That was a rooming house, and if we allowed, it will become again a rooming house. Ms. Slazyk. Right. Commissioner Regalado: That's simple as that. So my motion is -- Chair Sanchez: To -- Commissioner Regalado: -- to deny the appeal. Chair Sanchez: All right. There's a motion to deny the appeal. Commissioner Sarnoff. Second. Chair Sanchez: There's a second. Any further discussion? If not, all in favor, say "aye. " It's a resolution. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." So, therefore, he has to tear that down. Lourdes, based on us denying the special exception, he has -- he is forced to tear City of Miami Page 100 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 that down now. Ms. Slazyk: What'll happen now is he can't get a building permit for it without the special exception, so you will have to tear it down or continue with Code enforcement, which would end up liening your property. The only way for you to comply with the Code enforcement action is to remove the piece of the building that has no building permit. Mr. Santamaria: How do I go about doing that? Ms. Slazyk: You have to come -- you have to -- actually, that -- Mariano can advise you on that, but you can't get a building permit for what's out there because you didn't get this approval. Therefore, you have to bring the building back to whatever had legal permits, so however much was added to this building that you don't have proof for, that no permits were pulled, that would have to be removed. Chair Sanchez: All right. Mr. Santamaria: So I have to hire a company or somebody to do that? Chair Sanchez: To demolish it. Mr. Loret de Mola: Loret de Mola, Code Enforcement inspector. They are scheduled to go in front of the Code Enforcement Board on November 20. If they don't get the special permits right now over here, they will have to demolish the -- that part of it. Chair Sanchez: All right. Commissioner Gonzalez: The concrete. Chair Sanchez: Do you know the property because I don't know the property? Have you seen the property? Mr. Loret de Mola: I haven't seen it personally, but I got the information right away. I call and they gave me the information. The illegal unit was removed out of there. The only thing they have is the illegal addition -- Commissioner Gonzalez: And the addition -- Mr. Loret de Mola: -- work without finalized permits. Mr. Santamaria: IfI can legalize that addition, I would demolish everything else, but the problem is that addition, you know. That's what the whole thing is all about. I can go ahead and do whatever you want me to, but ifI have to destroy that addition, it really destroy me at all. That's what I'm trying to say. If -- Chair Sanchez: Yeah, but the whole -- Senor -- sir -- Mr. Santamaria: I'm sorry. Chair Sanchez: -- the whole thing here is to get you to comply. That's a -- Mr. Santamaria: I will comply. Chair Sanchez: No, no. Listen to me. Listen. City ofMiami Page 101 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Santamaria: I will comply. Chair Sanchez: Listen to me. It is a single-family home, okay. You have to comply with the violations that have been given to you. You can't have two or three units. Mr. Santamaria: No. IfI demolish this -- Chair Sanchez: Apparently, the Commissioner of your district says that that -- that's a boarding house or a rooming house. Mr. Santamaria: It's not a boarding -- I got a single-family home, and I'm after them not to let anybody else in there. Please, I beg of you, just -- I will comply with anything else -- Commissioner Regalado: But you have to -- Mr. Santamaria: -- but ifI have to destroy it, that particular room -- Commissioner Regalado: -- demolish because -- you see, this was a rooming house -- Chair Sanchez: All right. Commissioner Regalado: -- and (UNINTELLIGIBLE) -- Mr. Santamaria: But it won't be anymore. Commissioner -- Commissioner Regalado: Well -- Mr. Santamaria: -- I'll swear it to you. Commissioner Regalado: -- it's what you're saying, but if we leave (UNINTELLIGIBLE) -- Mr. Santamaria: If you leave that, then everything else, it will -- I will tear up anything else you want me, but this particular room, if you can forgive me for that -- if you can forgive my father for doing that, I will do anything you want me to. Commissioner Regalado: It's not about your father. You know that you had that many people. Chair Sanchez: All right. Mr. Santamaria: No, there isn't -- Chair Sanchez: Sir, the vote has been taken. That's it. We move on. I'm sorry. We move on. PZ.15 08-00697v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901; ARTICLE 6, SECTION 614.3.5.3.1, TO ALLOW A REAR SETBACK OF 2'7" (10'0" REQUIRED) FOR AN EXISTING SINGLE-FAMILY RESIDENCE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1727 SOUTHWEST 4TH STREET, MIAMI, FLORIDA. City of Miami Page 102 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-00697v Analysis.PDF 08-00697v Zoning Map.pdf 08-00697v Aerial Map.pdf 08-00697v Application & Supporting Docs.PDF 08-00697v Plans.PDF 08-00697v ZB Reso.PDF 08-00697v Appeal Letter.PDF 08-00697v CC Legislation (Version 3).pdf 08-00697v CC Legislation (Version 4).pdf 08-00697v CC Exhibit A.pdf 08-00697v CC Fact Sheet.pdf 08-00697v-Su bmittal-Photos. pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0618 Chair Sanchez: All right, next item. This is also a similar, but different. Commissioner Gonzalez: PZ.15. Chair Sanchez: Yes. This is different. All right, PZ.15. So the approval of this appeal will allow less rear setback that [sic] required for the legalization of an addition to an existing single-family residence? Okay. Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. There was a variance that the Planning Department recommend denial, and the Zoning Board made a motion to approve that failed, constituting a denial. This is the appeal of the decision of the Zoning Board of denial of the variance that was proposed -- recommended for denial by the Planning Department because there was no hardship for this variance. Thank you, sir. Chair Sanchez: Sir. Jorge Navarro: Good afternoon. My name is Jorge Navarro, from the Lasarte law firm, offices at 5835 Blue Lagoon Drive. I'm here with the property owner, Mr. Porfirio Milla, who owns the property which is subject to this application. It's located at 1727 Southwest 4th Street. The application before you is relatively simple. It's not as exciting as the other applications that have been here before you here today. But basically, Mr. Milla, in essence, is asking for a setback requirement to permit a accessory building on the rear of his property. Mr. Milla is not here because of a Code Enforcement violation or because the neighbors complained. Mr. Milla is here because he applied for a change of use to permit -- to go to commercial to permit a home healthcare agency and throughout the process he realized that there was a problem and he needed to get a setback variance. The home healthcare agency is a permitted use under the SD-14 overlay district, which the property is zoned. Mr. Milla is try -- just trying to go through the appropriate channels in order to resolve this situation so that he could get his change of use and begin to operate his business. Mr. Milla is going to make significant improvements to the property. He's going to incorporate a heavy landscape buffer, which I have photos of here, of the proposed landscape buffer that I'd like to introduce. Chair Sanchez: He does not have an illegal unit in his property? Mr. Navarro: That is correct. City of Miami Page 103 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: Correct? Mr. Navarro: Yeah. Chair Sanchez: All right. And he's applied for the -- Mr. Navarro: That is correct. Yeah, he has no illegal units. Chair Sanchez: All right. Is there anyone in opposition here to this item? If not, I will pass the gavel and make a motion to approve the appeal. Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Commissioner Sarnoff. Any further discussion? Joe? Chair Sanchez: No. Commissioner Sarnoff. All right. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. All those opposed, please speak now. Passes, 5/0 -- 4/0. Mr. Navarro: Thank you very much. I appreciate it. Chair Sanchez: All right, that concludes the regular Commission meeting. PZ.16 08-01015da RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AND AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "THE MIAMI WORLDCENTER" ON APPROXIMATELY ± 25 ACRES, ZONED SD-16.3, "MIAMI WORLDCENTER SPECIAL DISTRICT," LOCATED BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; APPLICABLE ONLY TO PROPERTY OWNED BY MIAMI WORLDCENTER GROUP, LLC, AND AFFILIATED PARTIES; AUTHORIZING THE FOLLOWING USES: RESIDENTIAL, OFFICE, HOTEL, RETAIL, CONVENTION SPACE, ACADEMIC SPACE AND ANY OTHER USES PERMITTED BY THE SD-16.3 ZONING DISTRICT REGULATIONS; AUTHORIZING A DENSITY OF APPROXIMATELY 300 UNITS PER ACRE; AUTHORIZING AN INTENSITY MEASURED BY A BASE FLOOR AREA RATIO OF APPROXIMATELY 4.32, PLUS ANY APPLICABLE BONUSES PROVIDED IN THE SD-16.3 ZONING DISTRICT REGULATIONS; AUTHORIZING UNLIMITED HEIGHT AS PERMITTED BY THE SD-16.3 ZONING DISTRICT REGULATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City of Miami Page 104 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 08-01015da Miami -Dade County Letter to Miami City Manager.pdf 08-01015da CC Legislation (Version 4).pdf 08-01015da DevelopmentAgreement.pdf 08-01015da CC 11-13-08 Fact Sheet.pdf LOCATION: Between NE 6th Street and NE 11th Street and Between N Miami Avenue and NE 2nd Avenue [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. See companion File IDs 08-01015zt and 08-01015zc. PURPOSE: This will allow a development agreement for the proposed Miami Worldcenter. DEFERRED [Note for the Record: Item PZ.16 was deferred to the City Commission meeting currently scheduled for November 13, 2008, to be heard at 2 p.m or thereafter.] Chair Sanchez: Now we take up PZ.16, which is an item pertaining to this -- the World -- this item. It is PZ.16, and this is the development agreement that's in front of us now. Maria J. Chiaro (Deputy City Attorney): Mr. Chairman, by way of introduction, this is a development agreement that is permitted under Florida Statutes to allow for owners of properties and local governments to have assurance in development over a period of 20 years. It is a statutory provision to deal with developments that cover an area that's bounded so that both the local government and the property owner has some assurances as to what will occur in the area. The agreement that's before you is for 20 years. The City in it commits to retaining certain zoning during that period The property owner is committing to the dedication of certain properties when certain circumstances occur. The representatives of the developer is going to present to you those commitments in more detail. We have had, along with City staff and with the attorneys in the City Attorney Office and the attorneys representing the developer, as well as the developers, many conversations over several iterations of this development agreement, including several meetings that occurred from the time that the agenda was published with the development agreement in it until now. The representations that will be made to you today will include some fine-tuning of language in the development agreement. The general substance of the agreement is exactly as presen -- or is as presented in your package. There is some language changes that, upon reflection and upon getting input from the staff need to be adjusted, which will happen between now and the time that it comes back to you for another public hearing. What is required under Florida law is that any development agreement that the local government enters into has two public hearings that are advertised with very specific criteria under the statute. This development agreement has been advertised to meet that criteria [sic]. And at the conclusion of your deliberations today, what you will do is determine when you wish to have that public hearing, that second public hearing, and you will announce that on the record. It will then proceed to be advertised. I'll let the attorneys for the developer present to you some change -- well, some -- Chair Sanchez: Recommendations. Ms. Chiaro: -- recommendations that are, again, fine-tuning what's in your packet, and then you City of Miami Page 105 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 can make your determination; give direction for when it comes back. Chair Sanchez: All right. This is PZ.16. It requires two hearings. There is no vote on the first hearing. The vote is on the second hearing when -- Ms. Chiaro: Your vote is only that it comes -- Chair Sanchez: On the second hearing. Ms. Chiaro: -- to be put in front of you at a certain time and at a certain place at your next -- if you wish, the next meeting in -- of the City Commission. Chair Sanchez: Well, yeah. We also have to determine a date to vote on the second hearing. Ms. Chiaro: Yes. Chair Sanchez: Okay. So for the record, this is PZ.16, the Miami Worldcenter; and this is a development agreement that guarantees the open space be provided, and the City agrees to freeze the existing zoning comp plan within the Park West district. So at this time, you're recognized for the record for your presentation, then we will open it up. Does this require a public hearing also? Ms. Chiaro: Yes. Chair Sanchez: Yes, it does. We'll allow anyone to address the Commission, we'll come back for a motion and a second; we'll discuss it, deliberate it, and then vote on the item. Sir, you're recognized for the record, Mr. Neisen. Neisen Kasdin: Thank you, Mr. Chair. Neisen Kasdin, Akerman Senterfitt, along with Joel Maxwell and Spencer Crowley. I -- what I would like to do is go over the changes that we have discussed with the City Attorney and also with -- in particular, Commissioner Spence -Jones office had raised some items, and we have agreed to, between now and the next reading of this item, incorporate these changes into the agreement. Most of these are technical, so I'll try to go through them rather briefly. The first one is the name of the district itself to avoid confusion. We've been asked not to call the district created by the -- covered by the development agreement, the Park West district, so we'll give it a different name. We've also been asked to clam the definition of property and property not included. There are two kinds of property in the development agreement. One is the property that we own, and then there is other property within the SD-16.3 overlay that we don't own, and so we want to make sure that that is very clear as to what we own and what we don't own and the definition of those terms. An item that Commissioner Spence -Jones office, I think, raised in particular -- and we want to make this very clear for the record, and this is Section 10(c)2, on page 6, and this concerns the entitlements under the DRI (Development Regional Impact) for Southeast Overtown/Park West. As a preface to that, I would like to say that as that DRI sits today -- and it's now in Increment 2 -- there are inadequate development rights not only for our project but any major project anywhere in Southeast Overtown/Park West. The City -- the CRA (Community Redevelopment Agency) has commenced on Increment 3, the final increment of the development order, which will enable more development throughout Southeast Overtown/Park West. That is necessarily for our project, but it's necessary for any other project or development in the neighborhood. So we are all in this boat together, so to speak. What we are committing and will make very clear on the record is that the developer will work cooperatively with the City and the CRA to expand entitlements for both our project and all of Southeast Overtown/Park West so everyone can benefit from this, and that's important. The next change is -- and this came through discussions with the Planning Department and City Manage as well -- we are going to provide an easement for public space, initially two significant public spaces, which Nitin showed you earlier, public City of Miami Page 106 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 plazas. Those plazas will be provided -- the Administration was looking for a particular threshold. The original agreement said the threshold is when we utilize the TDRs, most of which come from the creation of the public space. We were asked to give a hard-and-fast point in time regardless of when that would occur, and so we are committing and will commit in the next version of this agreement that when we obtain a permit for the construction of at least four million square feet of building that those open spaces will be created, so that's the threshold -- hard-and-fast threshold. With respect to the open space, we will enter into an operating and management agreement with the City over how those open spaces will be operated, managed, taken care of as well as designed. The City has specifically asked that they -- we will be in charge of designing these spaces, but the City wants and will have in the next amendment the right to review those designs, so it'll be collaborative effort as to how those spaces are designed, managed and programmed. That's another change. We were asked in Section 13 A, even though most of this project will probably not require a MUSP (Major Use Special Permit) -- that's part of the idea to be built -- to put that MUSP as one of the permits or approvals that we may need to obtain, and it's conceivable that we might need one, so we'll add that. Commissioner Sarnoff. Would you go back on that? I'm not sure I followed that, the MUSP requirement. Mr. Kasdin: Well, the -- if you look at page 13 -- page 8 of the agreement, it says that -- Commissioner Sarnoff. I'm more looking for the concept versus the wording. Mr. Kasdin: Okay. Well, what it says is that the development of the properties in accordance with the existing zoning is contemplated by the developer parties. The project may require additional approvals, including City approvals. Subject to required legal processes and approvals, the City shall make a good faith effort to take reasonable steps to cooperate with us and facilitate those approvals," and we list on page 8 a number of approvals, Class 2 Special Permits, subdivision plat, waiver of plat. City Attorney has asked us to include MUSP as one of those possible approvals. Commissioner Sarnoff. So, then, you would be subject to MUSP -- Mr. Kasdin: Well -- Chair Sanchez: -- under our criter -- whatever the criteria for a MUSP is at that time. Mr. Kasdin: Whatever the criteria for -- well, under 16.3 -- Commissioner Sarnoff. The criteria -- Mr. Kasdin: -- as with Midtown Miami, the threshold for a MUSP increases significantly, so it is conceivable that a component could come forward that would still require a MUSP, so that's why that's being put in there. Then -- one question came up with regard to changes to the plans and approvals of the plans, section 13B on page 8. We've been asked -- instead of vesting the review and approval power in the City -- in the Planning director, to vest it in the City Manager with a recommendation of the Planning director. Section 20.B with respect to breech of the agreement, we -- there was a provision in there that provided that if the City failed to honor the zoning with respect to other property acquired within the Miami Worldcenter area, the 16.3 overlay, that at that point in time the obligation to provide the public open space would go away. That's taken out, and if there's a breech of the agreement by any party, we're entitled, either the City or the developer parties, all we're entitled to is whatever remedies we'd be entitled to under law. There is no specific additional penalty that would be provided in that section. And that is essentially it. The one final point that we would incorporate language indicating that the project will support the proposed streetcar system, and think that that is -- those are all the changes. City of Miami Page 107 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Madam City Attorney, is there anything I missed? Ms. Chiaro: And in paragraph 37, regarding representation, it is with the City's approval that -- and it's just that the language isn't clear insofar as any defense will be -- if it's taken over by the developer, it will be with the City's approval. Mr. Kasdin: Right, and we'll work with you on that language. Commissioner Regalado: But on that issue -- Mr. Chairman. Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: It has to be with the City's approval, but they're saying here that if they are not happy, we have to pay. Why is that? Ms. Chiaro: They can only be unhappy if the City approves their unhappiness. Commissioner Regalado: What is the level of unhappiness? Do they cry or do they jump? Ms. Chiaro: Normally what happens is that the defense of the City is not taken over by a developer unless the City agrees to it, and that's the language that we wish to include. Commissioner Regalado: Yeah, but I don't understand. They will probably not be litigation because everybody likes this, but why should we pay? Why should we pay if -- I mean, we trust our Law Department -- if they choose to hire outside counsel to defend themselves? Why should we reimburse --? Ms. Chiaro: It is a -- I'll try to answer your question. It is only if the City, for some reason, wishes to have the developer assume the City's obligation that the occasion of the representation would happen in paragraph 37. Mr. Kasdin: And there's a mutual obligation on the part of the City and the developer to defend claims against each other, so that's -- Commissioner Regalado: So why do we need to say that they will be reimbursed? There is a mutual obligation, and understand that. Usually, with -- suppose -- are we paying Related attorneys? Ms. Chiaro: No, we are not. But if, in fact, the City's position were defended by the Related attorneys, then -- with the City's approval -- the City would then enter into an agreement for that defense. It does not happen. I cannot remember any situation in the last ten years that I've been here where the City has chosen to have a developer assume the City's position in the defense of an approval or a denial, but if, in fact, that happens, it would be the same as retaining outside counsel. If, for some reason, the City Attorney Office had a conflict or the City Attorney Office was unable to represent the City's position and the developer took over that obligation of defense that belonged to the City, then the City would pay that developer's attorney just the same as it would pay any attorney retained by the City as outside counsel. Commissioner Regalado: So this is the first time we are doing this? Ms. Chiaro: No, sir. This is the first time I've seen this language in an agreement quite this way Commissioner Regalado: Right. City of Miami Page 108 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Chiaro: -- articulated -- Commissioner Regalado: Right. Ms. Chiaro: -- but it is normally the way the defense is handled. Commissioner Regalado: Okay. Vice Chair Spence -Jones: That -- Commissioner Regalado: Now we are in -- talking in conflict -- ifI may. I'm reading Section 38. It says that none of the officers or owners of any developer party, nor any immediate family members of any of the same is also a member of any board, Commission or agency of the City. Is it not, Motwani, a member of the DDA? Mr. Kasdin: He's a member of the DDA Board. Commissioner Regalado, we will look at this issue with the City Attorney between now and the next hearing, and if -- we will do whatever is required to comply with (UNINTET,TIGIBT,F). Commissioner Regalado: No. I'm just saying because this is such a big project, and it's all in good faith, you know. It's in good faith that we approving what you need and helping -- I'm just saying that there is language here that contradicts the reality. Mr. Kasdin: I'm not sure, Commissioner. I understand, and this was actually taken from other development agreements that the City had entered into previously. I am not sure it applies to Mr. Motwani, but we'll determine that and whatever it is, we'll abide by it or follow appropriate procedure. Commissioner Regalado: Does it apply to him? Ms. Chiaro: Again, we need to look. The language here, we've just been -- it was just pointed out to us during this week, so we need to make sure, and we will make sure that this is remedied between now and the time it comes back to this Commission for final enactment. Commissioner Regalado: Because you're not part; you're just the attorney, so you are a member of the DDA too? Mr. Kasdin: Yes. Commissioner Regalado: So that doesn't apply to you. Mr. Kasdin: No. Commissioner Regalado: But it does apply to him. Mr. Kasdin: Well, we -- there's no question he's a member of the DDA Board. The question is is that a conflict with respect to entering into an agreement with the City under -- as a principal under the City's Code. I don't know the answer. We'll sit with the City Attorney and clarify it. Whatever we have to do will be done. Commissioner Sarnoff. Did you vote at the DDA at this -- on this, or do you abstain? Mr. Kasdin: Me? Commissioner Sarnoff. Yeah. City of Miami Page 109 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Kasdin: I abstained. Commissioner Sarnoff Did Nitin vote? Mr. Kasdin: He abstained. Commissioner Sarnoff You know, just for whatever it's worth -- andl handed my copy to Commissioner Sanchez. I have it here in the book. I thought Section 37 was a poorly written draft. I'm going to take it as a draft. Andl happen to somewhat agree with Commissioner Regalado, that the obligation placed upon the City is an unfair obligation. I don't know that we should, in our interests as representing the taxpayers ofMiami, take on this obligation to pay for the defense of the developer. I'm not sure -- the way I read it, it does say that, and while you're telling me that it's not your intent -- Ms. Chiaro: It actually -- I think it says the opposite. Commissioner Sarnoff I think it says just what I said it said, but -- I think this could be interpreted that we paid for the developer. Ms. Chiaro: No. It -- Commissioner Sarnoff That he turns around and says, `7 don't like the fact that" -- and I'm -- forgive; I like to use real people. You select Judge Thomas, and you know, they say, "You know what, we don't like Judge Thomas. We want this guy from New York. He's a number one in the United States at doing this. He's $1, 650 an hour." After Commissioner Gonzalez comes down off the ceiling, and he goes, you know, "I've never heard of a lawyer at $1, 675 an hour." If they exist, should the citizens ofMiami pay for that? Ms. Chiaro: Well -- and after the City Attorney comes down off the ceiling because when she saw this, it said -- it didn't say reasonable attorney's fees -- Commissioner Sarnoff Right. Ms. Chiaro: -- so that certainly has to be included, but we'll either adjust this language so that it's very clear what the situation is or eliminate it because -- in fact, what happens is that the City Attorney Office either through our capable attorneys or through outside counsel defend the City's position, and the developer defends its position. And while there might be some economy of assuming the defense together, we need to make sure that that language is very clear, that the fees are reasonable and that the City is not waiving any -- Commissioner Sarnoff Yeah. I would anticipate that -- Ms. Chiaro: -- of its ability to choose its own attorneys. Commissioner Sarnoff I would anticipate, Madam City Attorney, this would be a one page agreement in and of itself just to deal with all the various scenarios there could be. Ms. Chiaro: Or not. I mean -- Commissioner Sarnoff Or not -- Ms. Chiaro: -- normally what happens is -- Commissioner Sarnoff. -- if you're a good drafter. City ofMiami Page 110 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Chiaro: -- we don't have this statement at all, and what happens is that the City defends its interest and the developer defends its. Commissioner Sarnoff. Which I would strongly urge this Commission to recommend. Chair Sanchez: And just to add, this resolution and this agreement that's in front of us, we're not voting on it today. It comes back on second reading. What it does is it allows us an opportunity, for the first time under the sunshine law -- because we can't discuss it -- to review the agreement and bring out the things of concerns that are in this agreement. Just like some of the things that have been proffered by certain colleagues here. I'm sure other Commissioners are going to have other concerns that need to be addressed. All those things need to be addressed before the next vote for an approval. If it's not -- if those concerns are not met, then we either vote it down or we continue it till we come to an agreement. This is the start of a process to fine-tune and finally come to an agreement on a development agreement. Ms. Chiaro: Yes. And Mr. Chairman, I'm glad that have the opportunity to say this. The -- this is a bit different than your ordinances on first and second reading. When you have an ordinance that comes up for first reading, it then gets advertised so that it can be discussed at second reading. Under the statute on development agreements, it does exactly as you just said. It's the ability of a public discussion of all the elements of the agreement as a whole on two separate occasions. I might add that this is a legislative item, and so it is -- you're not precluded from discussing this with the members of the public, your constituents, the principals related to what's in the development agreement; so Jennings doesn't apply to this. Chair Sanchez: All right. If not -- Commissioner Regalado: (UNINTELLIGIBLE) one -- Chair Sanchez: Commissioner Regalado Commissioner Regalado: Since we are discussing for the future this development agreement, what is the role of the unions? What do you have in mind in terms of developing this mega project for the unions, for union work? And the reason I'm saying this is because this is -- although this is a longer view, and we don't know when it's going to start, the fact is that it would start someday, and the unions are here to stay; and this is a 20 year project. And, you know, what we won't like to see is people with drums and chanting in front of Worldcenter, but I think that it would be a gesture of good faith if you would include here something about union work, about unions being called because this is a professional. This is a state-of-the-art professional project that, like the principal said, it will be the first of the biggest private development in the United States. So what can we, as a government -- Mr. Kasdin: May I --? Commissioner Regalado: -- tell you? Mr. Kasdin: IfI may address that, Commissioner. I have to underscore that we are at such an early stage, as you brought out in your questioning, Commissioner Spence -Jones did as well, not at the point of know exactly what building will be built and exactly how large it will be, how it will be programmed, what it will cost. Working on the first elements of this, but not -- we're not there. All that the development agreement does, in essence, in two things: One, it keeps the zoning in place for a period of 20 years to make sure that the development in that neighborhood is consistent with each other, and it provides a guarantee to the a city of the creation of open space. I would respectfully suggest that it's -- City of Miami Page 111 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Regalado: And it pays your attorneys. Mr. Kasdin: If there's a dispute. Commissioner Regalado, every agreement takes care of the attorneys. Commissioner Regalado: No, no, but I mean -- but Neisen, this is about the future -- Mr. Kasdin: Right. Commissioner Regalado: -- and the reason that I'm fully in support of this is because of the future, and we need to -- what you're doing here today and what this Commission is doing is sending a message. It's not breaking ground. It's sending a message that we don't know if it's going to be next year or in two years from now. So don't you think that it will be in a good faith way to send a message that this project will not only go by the book and bring prosperity and job, but also bring the unions, which are the core of the -- Mr. Kasdin: The only thing -- Commissioner Regalado: -- society. Mr. Kasdin: -- I would say, Commissioner, I would respectfully request that this is far too early in the process to address the issue, given the very limited nature of what we're going on today. These project, as its components come forward will come back, I am sure, to the City Commission for one item or another item. As the specifics of the project become identified, I truly believe that is a much more appropriate time to deal with those issues, and we're only dealing with two items, zoning and open space. Commissioner Regalado: Okay. Thank you. Chair Sanchez: All right. Vice Chair Spence -Jones. Vice Chair Spence -Jones: Commissioner Sarnoff, you want to add anything? Commissioner Sarnoff. No. Vice Chair Spence -Jones: Basically, Neisen, you kind of covered the three of -- really the three issues that I was going to address in the DRI, one -- I mean, in the overall agreement. One was being the DRI, and you just put it on the record before, you know, so I don't really have to go through it. My biggest issue is that I didn't want all the resources to come into one particular area and stay stuck on that side and not flow over to Overtown, so you've already addressed that. And I'm assuming, Madam City Attorney is going to work through those issues to make sure that it happens, along with our CRA director. The other issue, which Commissioner Regalado brought up, which was something that was brought to my attention, was around the counsel issue, which you guys have just addressed, and Maria said she's going to address that, so hopefully, we'll have something else by the second reading. The third thing is what I talked about earlier with Ana regarding the issue of Affordable Housing Trust, which was stated to me earlier that this would be the best time to mention that, which you did not mention in your current presentation; so I just would just like to make sure that we address that issue in the overall agreement. Mr. Kasdin: Andl would repeat. It would be my interpretation as well -- our interpretation that since the SD-16.3 zoning provides in itself that that fee is adjusted as the fee is adjusted by the City, that that's the zoning we live with, which means that our fee can be adjusted on a going forward basis. City of Miami Page 112 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: Okay. That's your understanding too, right, Maria? Ms. Chiaro: That's my understanding, and we'll just put some language in the agreement to clam that. Vice Chair Spence -Jones: Okay. Mr. Kasdin: Okay. Vice Chair Spence -Jones: So those were my only three issues, and you have totally addressed them. For me this project itself is definitely an engine tojumpstart a lot of stuff in that particular CRA, and the biggest issue for me when I saw the project and had been presented with the project, you know, on different occasions, it was the jobs, the number ofjobs that's going to come to support the Overtown residents, the residents that are currently living in the surrounding communities, like Wynwood. This all gives them the opportunity to have a place to work, so you know, for me I supported that from the -- from day one. I just wanted to make sure that inclusion was a part of this whole thing, which you guys have started that; andl really appreciate it. Mr. Kasdin: Thank you, Commissioner. Chair Sanchez: All right. Any further discussion? If not, I have a question for the Administration. Lourdes, based on this development agreement, is the proposed development plan consistent with the local government comp plan and land development regulations? I think that's very important to ask before we move forward on this. Ms. Gelabert-Sanchez: Yes, it is. Chair Sanchez: It is, okay. Now, I do agree that some things on this agreement needs to -- Vice Chair Spence -Jones: Be tweaked. Chair Sanchez: -- be fine-tuned, some of the language, and it affords us an opportunity to do that before we get to second reading. One of them is Section 37 of this agreement. The other point that was made here is on the infrastructure analysis. If the infrastructure analysis concludes that there is insufficient infrastructure available to support these projects, what would happen? Mr. Kasdin: Commissioner, we will have to provide whatever infrastructure is required to support the elements of the project as they move forward That is our obligation. Chair Sanchez: So, in other words, whatever point it gets to, that's the point that you could develop? Mr. Kasdin: Right. Chair Sanchez: Based on necessity? Mr. Kasdin: Correct. Chair Sanchez: And availability? Mr. Kasdin: Correct. Chair Sanchez: All right. Also, the issue that was put forth is the Increment 3 of the DRI, which City of Miami Page 113 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 has not been approved yet. Does that agreement address the DRI capacity? Andl want to ask both sides that. Mr. Kasdin: It just says that both parties will work cooperatively to increase development capacity for all of Southeast Overtown/Park West, including our property. Chair Sanchez: Okay. And finally, since the -- this -- and realize this is an agreement between the City and the developer, not the CRA. I think it's paramount that the CRA and the City oversee some of this because I have a feeling that you're going to be in front of the CRA in the near future asking for support, andl think that the -- Mr. Kasdin: It's probably a pretty good instinct, Mr. Chair. Chair Sanchez: Well -- trust me. Andl think that, you know, respectfully, the agency that oversees the redevelopment should have -- I'm not saying to oversee or anything, but they should be involved with you for future -- Mr. Kasdin: And we had been working with Mr. Villacorta and his staff and they're -- working very cooperatively with them. Chair Sanchez: But that's not part of the agreement, is it, on Section 19? Ms. Chiaro: No. Chair Sanchez: It is not? Vice Chair Spence -Jones: Can we make that a part of it, and by the next -- by the time the next meeting -- Mr. Kasdin: That we would work -- Vice Chair Spence -Jones: -- make sure that the CRA somehow included? Commissioner Sarnoff. No. That wouldn't -- what if they don't come to the CRA, then -- Mr. Kasdin: Right. Vice Chair Spence -Jones: Oh, they coming -- Chair Sanchez: Well -- Vice Chair Spence -Jones: Are you saying on the record you're not coming? Mr. Kasdin: No. I -- whatl -- Chair Sanchez: I want to clam. Mr. Kasdin: What specifically we will come to the CRA with, if we come, it's too early to tell; but we could certainly put in language that we will work -- Vice Chair Spence -Jones: Work along with them. Mr. Kasdin: -- with the CRA. Chair Sanchez: Work. City of Miami Page 114 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: That's what I'm saying. Mr. Kasdin: Right. Chair Sanchez: I'm asking -- I'm not asking the CRA to get involved. I'm just -- Mr. Kasdin: Right. Chair Sanchez: -- saying that you need to work with the CRA -- Mr. Kasdin: Absolutely. Chair Sanchez: -- because it's in the redevelopment and it's in -- within the redevelopment. Mr. Kasdin: We're doing that anyway -- Vice Chair Spence -Jones: Yeah. Chair Sanchez: Okay. Mr. Kasdin: -- and we understand the need to. Vice Chair Spence -Jones: But just officially put it in the agreement somehow. Mr. Kasdin: Yeah, absolutely. Commissioner Regalado: But Madam Chairman [sic], don't we have an item on the CRA next Monday? Vice Chair Spence -Jones: On their -- on the Worldcenter? Commissioner Regalado: Yeah. Vice Chair Spence -Jones: No. Mr. Kasdin: No. Commissioner Regalado: I -- no? Jeff Berger, the -- Vice Chair Spence -Jones: Yeah, but that's not -- that's just -- Commissioner Regalado: -- attorney? Chair Sanchez: And -- ifI could have the chair back? Vice Chair Spence -Jones: Jim, do you want to --? Unless something's -- I'm sorry, Mr. Chairman. Jim, do you --? I know the DRI is on there, but not an agreement or any -- Mr. Kasdin: No. Vice Chair Spence -Jones: -- thing with Worldcenter. Commissioner Regalado: But it's not related to the Worldcenter at all? City of Miami Page 115 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Vice Chair Spence -Jones: It's just an overall report that addresses -- Mr. Villacorta: James Villacorta, director of the City ofMiami's Community Redevelopment Agencies. The upcoming agenda is a discussion, a presentation by the Curtis Group and -- regarding the status of the DRI and allocation of FAR rights and an update on the process. Vice Chair Spence -Jones: It's not necessarily about this particu -- this project will fold into it, but it's just an overall report. Mr. Villacorta: And, again, they've been working with us and have been taking our comments on the development agreement. Vice Chair Spence -Jones: Jim, put your name on the record for Madam City Clerk before she comes and get you. Mr. Villacorta: Actually, I -- James Villacorta, director of the City ofMiami's Community Redevelopment Agencies. Chair Sanchez: All right. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Also, on this, once again, let me just ask that diplomatically and respectfully, when a Commissioner has the floor, the only way the other Commissioner should speak, whether he yields under Mason's Rule or, you know, he's recognized through the Chair. We're having too many Commissioners that are speaking and people get interrupted and really, we got to have some professionalism and decor [sic] in these meetings. Let me get back because I had the floor. I have one final question and it's all based on perception, as they stated. What is the timeline for construction to see -- in the near future, what can we see -- if everything goes according to how you have a vision, how you have a plan working with the City on this, when can we see something out there? Mr. Kasdin: Mr. Chair, I wish I had some more visibility for you. I can assure you we're working at full speed on trying to get out of the ground as soon as possible because it's in our best interest, and part of that is collaboration with the CRA in talking about different things, as far as infrastructure as well. Chair Sanchez: All right. So just having to made my point, it's -- I think that we need to address and address some of the concerns in the language. When it comes back on second reading, some of the concerns that have been proffered by the Commissioners should be addressed, and we should come to amicable agreement on this great project for the City. There are no further discussion on the item. It is a resolution. This does not require a vote, therefore, it gives you a guideline as to what are the issues that we need to continue to work to come back to this Commission for a final agreement, and hopefully, we could sign off on that and start a beautiful partnership for the betterment of the entire City. Thank you so much. Ms. Chiaro: Mr. Chairman. Pedro G. Hernandez (City Manager): Mr. Chair -- Chair Sanchez: Yes. Mr. Hernandez: -- there is a -- Chair Sanchez: You need to set a date, and that date would be -- Madam Clerk, what day would City of Miami Page 116 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 we proffer that we're all available? Mr. Kasdin: Date, time and place, of course. Mr. Hernandez: Mr. Chairman, I would suggest the next available Zoning meeting, which is November 13. Chair Sanchez: Well, here you go. That's -- I was looking at that, and we -- there's a -- Commissioner Gonzalez: We're trying to -- Chair Sanchez: Yeah. Commissioner Gonzalez: -- put everything on November 13. Chair Sanchez: Once again -- Commissioner Gonzalez: The EAR, the -- Chair Sanchez: November 13 -- Commissioner Gonzalez: -- Miami 21, the -- you know. Chair Sanchez: November -- listen to me. November and December, we usually try to bring both Commission meetings to one. We have already scheduled for November 13, correct? Okay. My problem with those -- and I'm willing to do it, butt want each Commissioner to know here that if you put a voluminous agenda, come 9 o'clock we'll recess, and we're coming back on Friday to finish that agenda, so it's up to the Administration and my office to work on this agenda to make sure that we're able to have a doable agenda for one day. And if it's not, then I'm taking it over to the next Friday -- Commissioner Gonzalez: Well -- Chair Sanchez: -- so be careful what you put on the 13th because every -- Commissioner Gonzalez: -- I have to defer with you, and I -- you know, I always say that you should always know when to keep your mouth shut, but in this case I'm not going to keep my mouth shut. The world isn't going to end on December 31 -- Chair Sanchez: I agree with you. Commissioner Gonzalez: -- as far as I know. Chavez is trying; he's very close, but he isn't going to end with us by December 31, so you know, after 2008 there will be 2009 and then we'll be 2010, you know. I mean, what is the rush if they don't even know when they're going to start this project? They don't have the slightest idea when they're going to start this project. Why do we have to rush it? I mean, why do we have to push it down? You know, it has to be done. No, no, no, no, no. Let's take it easy. Chair Sanchez: Yeah, but the problem is that we have to -- Commissioner Gonzalez: Take it easy. Chair Sanchez: -- select a date today. It doesn't have to be on the 13th. It could be -- December is also going to be a tight Commission meeting because we put two meetings into one. Now I don't mind going to two meetings, but that's up to this Commission. City of Miami Page 117 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Hernandez: Mr. Chair, the only reason I suggested the 13th of November is because on that date, you will have the other two items -- the other two zoning items that you had earlier, PZ.9 and PZ.10. Those two zoning items are going to the 13th, so then this -- Commissioner Gonzalez: No. You could have the -- PZ.9 and 10 on November 13, and they the development agreement in January or in December. Mr. Kasdin: Mr. Chair? Vice Chair Spence -Jones: I do think that -- because I know we have a lot of items on November 13. Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: We have a lot of items on -- big items on November 13, so -- Commissioner Gonzalez: Every year the same thing happens, you know. They start dumping on the meeting in November and they start dumping in the meeting in November and dumping and dumping and dumping, and then they come to us with two books. Vice Chair Spence -Jones: I would prefer -- Chair Sanchez: Well -- Vice Chair Spence -Jones: I mean, if we had -- Commissioner Gonzalez: You know. Vice Chair Spence -Jones: -- to push it earlier, I don't have a problem with December, but I know -- Chair Sanchez: I have a problem breaking up those items. They should -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- come together because they're together. Now, if you want, Mr. Chair -- I mean, Mr. City Manager, my office will sit down with you and you can work with the -- with my colleagues as to the agenda. I will be strict on this agenda coming up, in the two agendas, so a lot of items are going to get deferred. I'm not going to allow it to have a voluminous agenda where we don't -- destroy the purpose of us coming out here and deliberating on a lot of items and a lot of complex items, a lot of items that are controversial. I'm not going to do that. It doesn't serve a purpose for us and it certainly doesn't serve a purpose for the public to come out here from 9 o'clock in the morning till 10 o'clock at night and have to come back the next day because we have an agenda that we bounced back and forth. That is the hardest thing for my office to do is to try to control these agendas to make sure that they're productive agendas. So we will take full action to defer items, and then I'll deal with -- I'll deal with you and I'll deal with my colleagues, but we will look at the agenda; and we're not going to have a crazy November or a crazy December. It's the holidays. We shouldn't come out here and have to fight, okay? Mr. Kasdin: Mr. Chair, may I just -- Chair Sanchez: Yes, sir. City of Miami Page 118 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Mr. Kasdin: -- say something briefly? I understand what you're saying, Commissioners, and we'd just implore you -- this has been pushed back a number of times already. We've been delayed. As Commissioner Sarnoff said, the market's down a hundred points while we're sitting here talking. Those two, three months -- we just need some certainty so we can move forward We don't intend on enjoying our holidays. We'll be working very diligently trying to move this forward and just really ask you all -- we understand that there's a lot of -- on your plate for the November 13 agenda, but the two items are already on it; and if you could keep them together, it would just mean a lot and help us move this ball forward. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: I think we should keep them together. Legal, you want to shine [sic] in on --? Mr. City Manager? Mr. Hernandez: Mr. Chair, I agree that wherever they go, they should be together -- Chair Sanchez: All right. Mr. Hernandez: -- on whichever date. Chair Sanchez: Madam Attorney. Ms. Chiaro: Yes. I -- they should be together. You then -- it becomes unclear as to how it gets argued if you're separating the zoning from the -- Vice Chair Spence -Jones: Not -- Chair Sanchez: All right. Ms. Chiaro: -- agreement. Chair Sanchez: Let's go ahead and put them on the November 13, and we'll just roll over some items that aren't controversial, doesn't affect any of the districts, to the 15th; and then from the - -from December, we'll do the same thing; noncontroversial items we'll -- or some of the controversial items, we'll move them out. We'll work together with you and the Commissioners. Mr. Kasdin: Mr. Chair -- Vice Chair Spence -Jones: Mr. Chairman. Mr. Kasdin: -- with respect to the development agreement, we need a specific time. Chair Sanchez: Well, I'm not giving you a time. It'll be in the afternoon. I mean, it's a voluminous agenda. Mr. Kasdin: Can we --? Ms. Chiaro: It needs to be advertised with a specific time. Mr. Kasdin: Right, just for advertising purposes. Chair Sanchez: Well, maybe after 5? Mr. Kasdin: That's fine. City of Miami Page 119 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Ms. Chiaro: You can advertise it at 9. I mean -- Mr. Kasdin: Right. Chair Sanchez: No. Ms. Chiaro: -- you know, whatever you -- do whatever you want. Mr. Kasdin: You can advertise at any time. Commissioner Sarnoff. Should advertise it at 2 o'clock just in the event -- Chair Sanchez: Properly advertised at 2 o'clock -- Mr. Kasdin: Okay. Chair Sanchez: November 13. All right. Vice Chair Spence -Jones: Mr. Chair, I just do have one question. Is the -- Miami 21 -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- is it coming on November 13? Mr. Hernandez: No. It's the EAR. Vice Chair Spence -Jones: Oh, okay. Mr. Hernandez: The EAR item. Chair Sanchez: All right. We'll work -- Mr. Kasdin: Mr. Chair, another point of procedure. Since these are two public hearings on the development agreement, I'm not sure that we -- other than our testimony and response to questions that you've opened it to the public for any comments they may have today? Chair Sanchez: It will be opened to the public. Madam Attorney, it is open to the public; it's second reading. Mr. Kasdin: No. I mean this one. Chair Sanchez: Oh, this one? Ms. Chiaro: What -- this one is open to the -- you take public comment on this. Chair Sanchez: Okay. All right, and we did, and we'll take it on second reading too. We did public -- Mr. Burns: I'm sorry, Mr. Chair. No, we have not opened it for public comment. Chair Sanchez: Okay. Anyone from the public wishing to address this item? I mean, some of you gave testimony on PZ.9. Anyone wants --? For the record, the public hearing is opened. Anyone wishing to make any statement on this? Ms. Burns: For PZ -- City of Miami Page 120 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Chair Sanchez: Sixteen, PZ.16. We did open up for PZ.9, and we're opening it up for PZ.16. We opened it up for PZ.10 also. All right, anyone from the public? If not, the public hearing is closed on PZ.16, coming back to the Commission. It will be properly advertised for the November meeting at 2 o'clock. END OF PLANNING AND ZONING ITEMS City of Miami Page 121 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS City of Miami Page 122 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City of Miami Page 123 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 City of Miami Page 124 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 City of Miami Page 125 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 City of Miami Page 126 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 127 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 NON -AGENDA ITEMS NA.1 08-01243 District 4- Commissioner Tomas Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO UNITY INTERNATIONAL FOUNDATION INC., TO CO-SPONSOR ITS COMMUNITY GATHERING ON TUESDAY, NOVEMBER 11, 2008; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 08-01243-Legislation. pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0616 Chair Sanchez: Pocket items. Anybody may have pocket items? Commissioner Regalado: I do. Chair Sanchez: Okay. Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Madam Chair. This is a resolution of the Miami City Commission authorizing the allocation funds of $1, 000 to Unity International Foundation -- Commissioner Gonzalez: Second. Commissioner Regalado: -- to cosponsor the community -- Vice Chair Spence -Jones: We have a motion -- Commissioner Regalado: -- gathering -- Vice Chair Spence -Jones: -- and we have a second. Commissioner Regalado: -- on Tuesday -- Vice Chair Spence -Jones: All in favor? Commissioner Regalado: -- November 11, in Flagami; District 4 special events budget. Vice Chair Spence -Jones: Okay. Got a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Anymore pocket items? Commissioner Regalado: I don't have any pocket item. Vice Chair Spence -Jones: Commissioner. City of Miami Page 128 Printed on 11/6/2008 City Commission Meeting Minutes October 23, 2008 Commissioner Gonzalez: Motion to adjourn. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, with Chair Sanchez absent, to adjourn today's meeting. City of Miami Page 129 Printed on 11/6/2008