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HomeMy WebLinkAboutCC 2008-11-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, November 13, 2008 10:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes November 13, 2008 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. Present: Commissioner Gonzalez, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Absent: Commissioner Sarnoff On the 13th day of November 2008, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Joe Sanchez at 3:58 p.m. and adjourned at 7: 06 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 4:11 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk PART B: PLANNING AND ZONING ITEMS Chair Sanchez: At this time, we call the PZ (Planning & Zoning) agenda -- the Commission meeting for the PZ agenda -- You need time? You're okay? At this time, we call to order PZ agenda Commission meeting being held here at City Hall, properly advertised. And what we'd like to do now is that each and every one of you that will be addressing this Commission, one, you need to sign in with the City Clerk; two, you need to get sworn in; three, you're going to get two minutes to speak, unless you're the applicant attorney, and it also depends on the item. But you need to register with the City Clerk because if you want to donate your two minutes or three minutes, we're going to work that out, so we're going to be making a deal today. All right. So Madam Clerk, why don't we swear everyone that's going to be addressing this City Commission legislative body. Pamela E. Burns (Assistant City Clerk): For those of you who plan to address the Commission this afternoon, would you please stand up and raise your right hand? 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. Chair Sanchez: All right. The order of the day is the agenda, and we're going to go down the agenda, okay. 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 BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR City ofMiami Page 2 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 12-11-08 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 project. NOTE: File previously known as 07-00345x. Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 2 - Commissioner Sanchez and Regalado Noes: 1 - Commissioner Gonzalez Absent: 2 - Commissioner Sarnoff and Spence -Jones Chair Sanchez: So the first item on the agenda for PZ (Planning & Zoning) -- and we need to have all the Commissioners here -- we'll start with PZ.1. All right, let's take up PZ.1, which is also a companion of PZ.2. All right. For the record, this item was introduced in front of this legislative body. Both sides had ample opportunity to make their case, make their arguments. The public had an opportunity to address this Commission. Therefore, the public hearing was closed and the presentations were closed. As it is, no new evidence can be introduced, no resolutions, for the record, or any new statements can be made. It is in front of the Commission for deliberation only, for deliberation only. So at this time -- on this item, Mr. City Manager, I -- has the district Commissioner advised you through any type of communication -- I would prefer to see it in writing, if possible -- that he supports this item? City ofMiami Page 3 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, I've spoken to Commissioner Sarnoff before he left on his frip and also communicated with him over electronic e-mail and he has confirmed that he's amenable to having the item heard today and that he has -- he's amenable to a compromise, and he gave me the parameters of that compromise reference the building height and reference the setback. Chair Sanchez: Well, with all due respect, the district Commissioner has been adamantly against this project. He even stood in front of this Commission and made arguments against it. He had personally requested that the item be continued for two months to see if something could be worked out, so I just want to know if the Commission is comfortable in moving forward. I certainly don't want to be disrespectful in moving forward with this item being that he is not present. Commissioner Regalado: Mr. -- Mr. Hernandez: Commissioner, I spoke to him this morning, and he told me that he was okay with the item being heard by the City Commission, and that he was -- although maybe he would have preferred to have seen, you know, maybe a smaller building, he was amenable to the compromise that had been reached, and he gave me the terms of that compromise, which is, in essence, a building height of 41 feet and a setback of 30 feet with only an encroachment of an existing electrical junction box. And my understanding is that's amenable to him, acceptable to him. Chair Sanchez: Commissioner Regalado, you will have an opportunity if we move forward on this item. Commissioner Regalado: On the briefing yesterday, Mr. Manager, you said the same thing, and because I wanted to make sure since you said that Commissioner Sarnoff will not be here, and like the Chairman, I was a little uncomfortable that after his opposition, we would be voting without him, that would be something that I cannot do. But since you said that if he would be here today and those numbers that you proffer are accepted by the developer, he will vote for this project. That's what my understanding of your message. Mr. Hernandez: Yes, Commissioner. Commissioner Regalado: Okay. That's -- Chair Sanchez: Well, I'm very uncomfortable with the situation. I'm very uncomfortable on voting on an item, a Commissioner who has been adamantly against this and not here. You know, we're waiting for another Commissioner to get back and we'll have four, so you know, I would respectfully request that this item be deferred 'til we have a full Commission to hear this item. I'm just very uncomfortable with it. This Commissioner has stood amicably [sic] and has fought for that -- against that project, has requested two deferrals, and now I have a communication, not even in writing, to this Chair that he is in support of it. And if we approve this item, and for whatever reason, the Commissioner comes back and says that item was approved without my input, I think it's going to be an embarrassment to this Commission and an embarrassment to this Administration. Commissioner Gonzalez: May I? Chair Sanchez: Yes, sir. Commissioner Gonzalez: Mr. Manager, do you have a -- do you have something in writing from Commissioner Sarnoff? City ofMiami Page 4 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Mr. Hernandez: Yes, I do, Commissioner. Commissioner Gonzalez: Well -- Chair Sanchez: What do you have in writing? Mr. Hernandez: Let me -- if you allow me to read it. I had talked to him twice on this subject matter, but I then went ahead and wrote the following e-mail. Commissioner, I believe I'm clear on the proposed compromise for Grove Harbor; however, would like your confirmation of the terms for the comfort of the Chair and other Commissioners. Building height, not to exceed 41 feet; setback to be 30 feet, only allowing an electrical junction box to encroach in this setback. Please confirm. And then I received an e-mail back saying, "Correct, Pete." Chair Sanchez: "Correct, Pete." I would pass the gavel and request that this item be deferred to the December Commission where the district Commissioner should be present. Santiago Echemendia: Unbelievable. Chair Sanchez: If there's no second, you guys could listen to it. Mr. Echemendia: Thank you. Commissioner Regalado: No. I mean, I -- Chair Sanchez: If there's no second -- Commissioner Regalado: No, no, no, no, no. Chair Sanchez: -- we're going to listen to the item. Sir, you may -- Commissioner Regalado: No, no, no, no, no. Chair Sanchez: -- may proceed with the application. Then you need to second. Mr. Echemendia: The only thing I'd like to say, Mr. Chair -- I'm sorry. I don't want to be out of order. Commissioner Regalado: No. I just want to hear because -- I mean, if we don't trust the City Manager, then might as well walk out of here. Commissioner Gonzalez: Yeah. Commissioner Regalado: I don't know. I mean, the City Manager works -- Commissioner Gonzalez: That's why -- Commissioner Regalado: -- at the pleasure -- Commissioner Gonzalez: --I asked the question. Commissioner Regalado: -- if the City Manager is lying about a Commissioner, I mean, it's like --I think it's 5 a.m. where he is now, so he can reach him on a -- on the phone in the hotel now. But I mean, yesterday the whole briefing that I had was has Commissioner Sarnoff -- he's been briefed. Is he -- City ofMiami Page 5 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Julie O. Bru (City Attorney): Excuse me. Commissioner -- Commissioner Regalado: -- aware -- Ms. Bru: -- Regalado, if you excuse me for a second. I think that it really is improper to be discussing what a Commissioner would do or not do. I think what would be in order right now is to consider the motion made by the Chairman to defer this item. Commissioner Regalado: Okay. I don't have a -- any problem, but I'm not talking about what the Commission do -- a Commissioner will do or won't do. I'm talking about the credibility of the City Manager. This is what I'm talking about, andl don't have a problem. I second the motion. But Madam Attorney, this is not about what the Commissioner wants to do. This is about the credibility of the City Manager. The City Manager is putting his credibility on the table, and this is why this item is in front of us. It's all about credibility, so -- Chair Sanchez: Well -- Commissioner Regalado: -- you know -- Chair Sanchez: -- with all due respect, Commissioner, I'm not questioning his credibility, but when I make an argument and the City Attorney tells you to follow my lead on this, it is possibly there'll be made some legal implications here, and that's the concern that have. I want to make sure this process is a fair process, okay, 'cause it's all about fairness. So I'm concerned at that because you know what? Ask him what time he got that response 'cause he certainly didn't have it yesterday when I asked him. And I asked him and he said, I don't have anything in writing. I don't want to put you in a bad spot, Pete. I -- listen, I'm here to work with everybody. I just -- we need to stop playing these games in this Commission meeting. That's all that ask. Mr. Hernandez: Mr. Chairman, I think it's important that clarify. I'm not playing any kind of games. I'm just frying to serve all of you, including Commissioner Sarnoff. When I spoke to him last week, he indicated that to me. I spoke to him this morning, then I asked him for a clarification in writing, so I'm just trying to serve all ofyou the best can. Chair Sanchez: Well, for the record, there is a motion that made. It was second by Commissioner Regalado. Commissioner Gonzalez: We have a motion, and we have a second. All in favor, say "aye." Commissioner Regalado: Aye. Chair Sanchez: Aye. To defer -- Commissioner Gonzalez: No. Chair Sanchez: -- PZ.1 and PZ.2 to -- Commissioner Gonzalez: Two to one. Chair Sanchez: -- a full Commission and the disfrict Commission [sic] is present. Commissioner Gonzalez: And the reason I'm voting no is very simple. I mean, you know, the Manager has said that he has spoken to the disfrict Commissioner. The Manager has assured the Commission that the Commissioner of the district agrees with whatever terms they discussed, so you know, I got to believe in the Manager. I mean, you know -- City ofMiami Page 6 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Mr. Echemendia: Can I just make one statement for the record? Commissioner Gonzalez: -- otherwise, I'll be saying that the Manager is -- Chair Sanchez: The item has been deferred. Commissioner Gonzalez: -- lying to us. Chair Sanchez: Well see you -- Commissioner Gonzalez: All right. Chair Sanchez: -- in December. Let's go. Commissioner Gonzalez: So the motion carries. Chair Sanchez: All right, PZ.3. Mr. Echemendia: Okey-dokey. Chair Sanchez: The only thing that I've always asked here -- and I have the outmost [sic] respect for all my colleagues, both in a professional level here at the City and outside of the City, that we all respect each other, and whether some people around here don't like it that I'm the Chair, I am the Chair. 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. 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 12-11-08 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 City ofMiami Page 7 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Votes: 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 Chair Sanchez, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Ayes: 2 - Commissioner Sanchez and Regalado Noes: 1 - Commissioner Gonzalez Absent: 2 - Commissioner Sarnoff and Spence -Jones Note for the Record: Please refer to item PZ.1 for minutes referencing item PZ.2. PZ.3 08-01212xc 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, CONDITIONAL PRINCIPAL USES OF PR PARKS, RECREATION AND OPEN SPACE, TO ALLOW THE CONSTRUCTION OF A RECREATIONAL BUILDING STRUCTURE AND SAID SITE AMENITIES, FOR THE PROPERTY LOCATED AT APPROXIMATELY 101 NORTHWEST 34TH STREET, MIAMI, FLORIDA. 08-01212xc Analysis.PDF 08-01212xc Zoning Map.pdf 08-01212xc Aerial Map.pdf 08-01212xc Application & Supporting Docs.PDF 08-01212xc Plans.PDF 08-01212xc CC Legislation (Version 2).pdf 08-01212xc Exhibit A.pdf 08-01212xc CC Fact Sheet.pdf 08-01212xc ZB Reso.pdf LOCATION: Approximately 101 NW 34th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, Esquire, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Pending recommendation on November 10, 2008. *See supporting documentation. PURPOSE: This will allow the construction of the Dorothy Quintana Community Center at Roberto Clemente Park. City ofMiami Page 8 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-08-0657 Chair Sanchez: Sir, you're being -- you're recognized for the record. Roberto Lavernia (Chief of Land Development, Planning Department): Good afternoon. Chair Sanchez: PZ -- Mr. Lavernia: For the record -- Chair Sanchez: -- 3. Mr. Lavernia: -- Roberto Lavernia, with the Planning Department. PZ.3 is a special exception requiring City Commission approval for the construction of a new recreational building structure at the Roberto Clemente Park. The Planning Department recommend approval, even when you have -- with a condition in here. We're deleting the condition because the condition was that a companion variance was approved by the Zoning Board on last Monday, so we -- the recommendation is for approval, and the Zoning Board recommended for approval too. Chair Sanchez: All right. PZ.3, it's a resolution. Commissioner Regalado: Move it. Chair Sanchez: Is there a motion? Commissioner Gonzalez: Second. Chair Sanchez: Motion has been made by Commissioner Regalado, second by Commissioner Gonzalez. It is 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 -- We are on PZ.3. Nina West: I think I need to be sworn in. I wasn't here earlier. Chair Sanchez: Could we swear her in, please? Pamela E. Burns (Assistant City Clerk): Please raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Okay. And your name for the record, please. Ms. West: Nina West, 3690 Avocado Avenue, Coconut Grove. I know that a compromise has been reached supposedly on this special exception. However, we went through a very long process for the waterfront. Chair Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa. That's not the item. Ms. West: Oh, sorry. City ofMiami Page 9 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: We deferred 1 and -- PZ.1 and PZ. 2. Ms. West: Okay. Chair Sanchez: This is PZ.3. We'll see you in December. Ms. West: Okay. Chair Sanchez: All right. Ms. West: I'll be back. Chair Sanchez: Let's go. Anybody else on PZ.3, resolution? If not, the public hearing is closed and it comes back to the Commission. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Ms. Burns: This item, I understand, is modified. Chair Sanchez: All right. Can we -- Mr. Lavernia: Yes, it is modified. Chair Sanchez: -- put the modifications on the record? Mr. Lavernia: I just said that we're deleting the approval with conditions from the Planning recommendation because the condition was approved by the Zoning Board. Chair Sanchez: All right. PZ.4 08-01015zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 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 08-01 01 5zt-Submittal-Resolution-Downtown Development Authority.pdf City ofMiami Page 10 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 IDs 08-01015zc and 08-01015da. PURPOSE: This will create the SD-16.3 Miami Worldcenter. Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 13038 Chair Sanchez: We move on to PZ.4. All right, PZ.4. Are we ready for the presentation? On this item, the same thing. Mr. City Manager -- Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 -- Chair Sanchez: City Manager -- Mr. Lavernia: -- 5, and 6 -- Chair Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa. On this item, which is the Worldcenter, Miami Worldcenter, has the district Commissioner expressed to you concerns of support on this item? Commissioner Gonzalez: What difference does it make? I mean, we're in the same boat of the last item. Chair Sanchez: No. We're going to vote on -- Commissioner Gonzalez: Why don't we defer it too? Chair Sanchez: No, no, no. We're -- Vice Chair Spence -Jones: I mean, if you're going to (INAUDIBLE) -- Chair Sanchez: Well, the question is that he -- when he approached me, he told me that Commissioner Sarnoff had talked to him about both items. So if he's got some concerns on this item too, then he should put it on the record. Pedro G. Hernandez (City Manager): The information that have from the Commissioner on this one is in writing via e-mail (electronic) to Mayor Diaz, is that District 2 supports the agreement with New World on today's agenda and would ask that it be communicated to my fellow Commissioners. I have attempted to call and communicate our support. City ofMiami Page 11 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: But he was not adamantly against this project. All right. Niesen Kasdin: Mr. Chair, ifI may -- and Niesen Kasdin -- just note for the record as well that Commissioner Sarnoff has voted for this each and every time -- Chair Sanchez: Exactly. Mr. Kasdin: -- it's been before the Commission. Nitin Motwani: Mr. Chair, fellow Commissioners, thank you for allowing us the time to speak to you again. Mr. Hernandez: Mr. Chair -- Mr. Motwani: I -- Mr. Hernandez: -- I think that the Administration has to place the proper information on the record before the applicant starts. Mr. Lavernia: Item 4, 5, and 6 are going to be companion item. Chair Sanchez: Okay. Mr. Lavernia: Item number -- Commissioner Gonzalez: This is second reading, isn't it? Mr. Lavernia: -- of item number 5 and 4 -- Chair Sanchez: No. It's -- Mr. Lavernia: -- is second reading. Chair Sanchez: Listen -- Mr. Lavernia: For item number 7 [sic], it was presented to this Commission, but you have to vote on the item 7 [sic] too. Chair Sanchez: There -- and there was modifications to this agreement that they need to put on the record, and then we vote on the final -- on the final resolution is the one that we vote, which we did not vote on the first one, okay? So you may proceed. Mr. Kasdin: Items 4, 5, and 6, Mr. Chair. Mr. Lavernia: Four, five, and six. For item number 4, the Miami Worldcenter is -- the resolution, take in consideration of the regulatory plan. Item number 5 is the amendment to the zoning atlas of 11000, adding this district. Item number 6 is the development agreement that the City and the developer are in agreement with to sign. Thank you. Chair Sanchez: All right. Mr. Motwani: Thank you, Mr. Chair, fellow Commissioners. Thank you again for having us back in front of you to discuss Miami Worldcenter. We're very excited to be here. Mr. Chair, you mentioned jobs earlier. Our recent report by Hank Fishkind, a renowned economist, City ofMiami Page 12 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 suggested this job -- this project would create approximately 1,800 direct jobs and 2,700 direct and indirect jobs in the area, 80 percent of which they assume would be within the City of Miami, over half of those within walking distance. You also -- over the life of the project, as it's built out, there are estimates closer to over 11, 000 jobs and over 21,000 direct and indirect jobs. This will be a huge economic impact to our area. I think it's exciting to see -- and I want to put on the record my appreciation for the almost dozen members of the Park West and Overtown communities that are here today to speak on our behalf who had thought we might be a little earlier and have spent their entire afternoon waiting. I think it shows a lot of support and excitement over something this exciting for not only the Park West area and Overtown but the City ofMiami as a whole. I have here with me today Niesen Kasdin, who'll be speaking on the development agreement, Sam Poole, with Berger Singerman, about the zoning ordinance, and Mike Cohen, with Elkus Manfredi, our architect, who will be speaking about the master plan. I have gone through all of these boards before, and in the interest of time, we'll defer to the Commission to see if you'd like me to reiterate anything or answer any direct questions. Ms. Burns: And we need your name for the record, please. Mr. Motwani: I apologize. Nitin Motwani, principal and managing director ofMiami Worldcenter. Chair Sanchez: All right. This is PZ.4, which is an ordinance on second reading. It's been in front of us before. Can we get a motion and a second? Vice Chair Spence -Jones: So move. Chair Sanchez: There's a motion by -- Commissioner Regalado: I'll second for discussion. Chair Sanchez: All right. There's a motion by the Vice Chair, second by Commissioner Regalado, for the purpose of discussion. Can we hold off on discussion 'til after the public hearing? Commissioner Regalado: Yes, sir. Chair Sanchez: All right. Anyone from the public wishing to address this item, please step forward and be recognized. This is the creation of the SD-16.3, the Miami Worldcenter. All right. Yes, sir. Antonio Alonso: My name is Tony Alonso. I'm the owner of La Epoca, 200 East Flagler Street. I'm also the owner of La Epoca Warehouse, which is at 147 Northeast 7th Street, which is at the heart of the district that is in question here. I'm here in support of the project. I think this is one of the most exciting projects that I have seen in my lifetime here in downtown in all the years. I think it's very well planned. I think it consid -- it's mixed use. It has the open space. It has the wide sidewalks. It's very pedestrian oriented, and I'm very, very excited that this might possibly happen. I do have concerns, and my concern relates to the development agreement. That development agreement is the more important agreement. In fact, it says here the development agreement and its exhibits and appendices are -- constitute the entire agreement between the parties as respect to the subject. And if you go to the Exhibit A, where it has the properties owned, I made a calculation that the properties listed over there are those properties in which Miami Worldcenter has closed, and in my calculation, that totals about eight acres, which is about 30 percent of the district. In other words, they do not currently own or have closed on 70 percent of the district. Commissioner Regalado: Can I interrupt you? Because the developer said here on the record City ofMiami Page 13 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 that they have between 85 percent or 80 percent, the last time, Mr. Kasdin said that when I asked. So you're saying that your information is 30 percent that they have closed? Mr. Alonso: This is the information that have in my calculations. I may be wrong. They can answer as to that. And -- for me to finish what I'm saying -- my worry -- 'cause I would like to see this done, but my worry is that should it not get done, should they not close, 'cause I'm sure they have deals or whatever, but in these times that are very difficult economic times, things happen, and if it doesn't get done, my fear is that it might stall development for the district for 20 years. This is a 20 year deal, and my suggestion would be to have it contingent on them owning the 25 acres that they represent that they own, and -- so that -- I mean, it's just like the bank when they ask collateral. You give them time -- a reasonable time, and I think they need to just own the district. I mean, they're at -- under my current calculation, they do not own 70 percent, and I would like, you know, that -- the agreements to reflect that issue because they need to own it. And I would love to see this happen. I tell you, this is really a great project and -- but should it not happen, I don't think it ought to restrict any future development five, ten years from now, to come in and develop another viable vision. I mean, we've been at this for 25 years. Nothing really has happened of any significance in this area, and I really hope this happens. Chair Sanchez: Thank you. Commissioner Regalado: Mr. Alonso, can I ask you a question, please? Mr. Alonso: Surely. Commissioner Regalado: You are -- La Epoca is, after Burdines, probably the pioneer store in downtown Miami for many, many, many years and we all know your store, so you are a pioneer. You bet on downtown when nobody wanted to bet on downtown, so my question to you, what should we do in the development -- what safeguards -- because -- I mean, if anybody thinks that things are going to get better tomorrow, just don't turn on the TV (Television) tonight or tomorrow morning 'cause everyday it's worse and it's going to get better, especially the real estate market and the credit crunch. The Treasury Department has changed twice the plan, the national plan in one week so -- Alonso: No bailout for us. Commissioner Regalado: Yeah -- there will be no easy solution for it, so the credits and the loans will not be there, especially for large property, so what would you, to guarantee future development in other areas of the district, do? In terms of the -- if-- my first question is should it be a development agreement? Mr. Alonso: Well, as long as the City's not -- in my opinion, as long as the City wouldn't be bound if the developer, for whatever reason, if they're unable or unwilling to perform, that the City would not be bound and that another developer may come in and be free to develop the area in another -- as a property owner, I would like to see that. I wouldn't want to be tied down to one vision, unless that vision really -- you know, that they overwhelmingly own 80 percent, you know -- 20 -- however number of acres, whatever it is. But what I'm saying is that the documents, as we see it here, do not reflect that ownership and that concerns me, and I think it should get solved. I mean, I don't know what response they have, butt would like to hear. Mr. Kasdin: Mr. Chair, ifI may clarify the record. Neisen Kasdin again. Very simply, the development agreement can only bind a party that owns the property. It cannot bind someone's property who is not -- whose property is not owned by this Miami Worldcenter Group, and this agreement specifically sets forth that there is certain property that is owned and there is certain property that may be acquired. At the point in time that the property that may be acquired is acquired, it can come into and be governed by the provisions of the agreement. If the property is City ofMiami Page 14 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 never ultimately acquired by the Miami Worldcenter Group, it will never be bound by the provisions of the agreement. So it is very clear, legally, it can't be anything else. It can only be property that they own. We can't bind somebody else's property, and it does contemplate that certain property is already owned and other property may be acquired and brought in later. Mr. Motwani can address any questions -- Commissioner Regalado: But can I ask you --? Mr. Kasdin: Yes, sir. Commissioner Regalado: You said a different number of property that you own the last time you were here. Mr. Motwani: Mr. -- Commissioner Regalado, I did say that we -- Chair Sanchez: Name -- Mr. Motwani: I'm sorry. I apologize. Chair Sanchez: -- for the record. Mr. Motwani: Nitin Motwani. We do control 80 percent. We have -- Mr. Alonso's correct. We have closed on approximately 30 percent of the land, a large portion of which we still have under contract with hard money. These aren't options. This is a real deposit, and some of those landowners and property owners that we do have under contract are here today to speak on our behalf because if we were not to close, they would end up with better zoning and we have fulfilled every obligation and done everything we have committed to in order to close at an agreed upon time. I would argue that a majority of developers that come to you planning these projects do not close on the properties before the zoning is in place. It's a pretty regular practice, and happy to answer any other questions or follow up. Chair Sanchez: Listen, let's keep the items separate. I mean, we're on PZ.4, which is the creation of the SD-16.3. The agreement falls on PZ.6. Well get to that one. So just on PZ.4, which is an ordinance on second reading -- we had already approved it. Are there any questions on PZ.4? If not, anyone from the public -- I'm sorry. The public hearing is still open, so anyone who's wishing to address this item, please step forward and be recognized and state your name and address for the record. Alyce Robertson: Yes. Alyce Robertson, executive director of the DDA (Downtown Development Authority), 200 South Biscayne Boulevard, 2929. I'm here to proffer the resolution that the board of the directors of the Downtown Development Authority passed on October 17 in support of this project, and it reads that, whereas Miami Worldcenter, a 9-block, 25-acre, mixed -use project would be Miami's biggest urban development in years, and whereas the project, which would be located between the Adrienne Arscht Center for the Performing Arts and the Central Business District, calls for a mix of high-rise offices, hotels, shops, restaurants, entertainment and conference venues, school, and eventually, residences, all built within the framework of plazas and broad sidewalks; whereas, this project such as this are critically important to the economic revitalization and enhancement of downtown Miami, the DDA board of directors supports the Miami Worldcenter project in downtown Miami. Thank you. Chair Sanchez: All right. Anyone else? Yes, sir. Nick Wigoda: Nick Wigoda, 700 Northeast 2ndAvenue. I'm here on behalf ofRoyal Palm Communities, RBC Holdings. I was here, plus or minus, a month ago. I had some prepared remarks back then in favor of the project, and we're still in favor of it, as an existing landowner City ofMiami Page 15 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 in the area. We see it being a tremendous benefit to the City, to the community, and to the region. And I'm here, once again, to express my favor for it, and I guess I'll wait 'til the 6 portion of this to express my concerns that other people may have, so I'll wait. Chair Sanchez: Okay, that's on the agreement. Okay. Thank you. This is just on the zoning change. You want to put your comments in on that, or you want to wait 'til PZ. 6, which is the agreement? It's up to you. Julie Grimes: It really doesn't matter. I just want to -- Julie Grimes, Doubletree Grand Hotel, at 1717 North Bayshore Drive. I'm here representing the hotel today, as well as the Hospitality Institute, at 245 Northeast 8th Street. I would just like to say that think this is absolutely a tremendous project. We should embrace it as a community. As far as the inner city is concerned, we work with them at the Hospitality Institute, and we're really frying to connect the business community with residents in the inner city to jobs and educational opportunities. And whatl heard today is that there's many jobs coming through this project, as well as a lot of vibrancy that will connect our communities, which is so desperately needed. So I would just tell you that we should all embrace this and I welcome the opportunity for this project. Chair Sanchez: Thank you. Thank you so much. Anyone else? If not, the public hearing is closed. We are on PZ.4, which is an ordinance on second reading. And what this ordinance accomplishes is creation of the SD-16.3 of the Miami Worldcenter, just the zoning. Okay, it comes back to the Commission. I think we've discussed the item. It is a resolution on second reading -- I mean, an ordinance on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.4. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 4/0. PZ.5 08-01015zc ORDINANCE Second 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. 08-01 015zc Analysis.pdf 08-01 015zc Color Map.pdf 08-01015zc PAB Reso.PDF 08-01 015zc CC Legislation (Version 3).pdf 08-01 015zc Exhibit A.pdf 08-01 015zc CC SR Fact Sheet.pdf City ofMiami Page 16 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 IDs 08-01015zt and 08-01015da. PURPOSE: This will add the SD-16.3 "Miami Worldcenter" to the above location. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff 13039 Chair Sanchez: All right. PZ.5 is also an ordinance on second reading, and what this does is adds the SD-16.3, Miami Worldcenter, to the atlas -- zoning atlas. Now can you just state something briefly on the record? Roberto Lavernia (Chief of Land Development, Planning Department): No. Chair Sanchez: Okay. Need a motion and a second. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Gonzalez, being second by the Vice Chair. Before we open up for discussion, it requires a public hearing. The public hearing is open. Anyone from the public wishing to address this item? If not, the public hearing is closed, and it comes back to the Commission. Any discussion on the item? No discussion on the item. It is an ordinance on second reading. Read the ordinance, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. 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, 4/0. City ofMiami Page 17 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 PZ.6 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. 08-01015da Miami -Dade County Letter to Miami City Manager.pdf 08-01015da CC Legislation (Version 4).pdf 08-01015da Development Agreement.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. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-08-0658 Chair Sanchez: All right. PZ.6 is a resolution. This resolution, in the previous Commission City ofMiami Page 18 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 meeting, was not voted on because we did not need to vote on it at that time. We need to vote on it now. So it is in front of us, and this is the one that basically approves the development agreement. So counsel, you're recognized on the record. It should be very brief. Niesen Kasdin: Mr. Chair, Niesen Kasdin, representing Miami Worldcenter, along with Joel Maxwell and Spencer Crowley. The agreement that is before you incorporates a number of changes that were requested specifically at the last Commission hearing on this matter. Those items are in your package and have been before the City for a few weeks now. There are three additional items that I would like to read into the record that are the results of requests -- and we have had input on this item from the CRA (Community Redevelopment Agency), from the City Attorney, from Commissioner Spence -Jones, from Commissioner Sarnoff. And we would like to read into the record three additional changes beyond that which is in your package today. Number one, we would add a new whereas clause on page 2, which would say as follows -- that would be after the last whereas clause on page 2, which would say, whereas, developer parties acknowledge that the existing entitlements available under the Southeast Overtown/Park West DRI (Development of Regional Impact) limit development within the Southeast Overtown/Park West CRA, and developer parties will cooperate with the City in its efforts to expeditiously increase allowable development within the Southeast Overtown/Park West CRA, and that would be change -- addition one. Addition two is add the following text as a new section, Section 10(c) (1), and the existing section, 10(c)(1), will become 10(c)(2) and so on. And the language would be -- the additional text would be, notwithstanding anything to the contrary in the agreement, the developer parties agree that the project shall be subject to the terms of the Southeast Overtown/Park West DRI as long as it remains legally binding, unless the developer parties obtain an independent DRI for the project or unless the project is exempt from DRI review. The final additional change would be a revision to Section 12, which provides as follows. I'll read you the section and then highlight the additional language. The section currently says developer parties shall consult with local and state economic development entities, such as Beacon Council, South Florida Workforce, Enterprise Florida, Florida International University School of Hospitality and Tourism Management, and Miami Dade College, in developing a plan for job training and job placement services to City residents -- this is the additional language -- prioritizing residents of the Southeast Overtown/Park West CRA -- and then it goes on to say, seeking employment opportunities with potential employers which will locate or establish business within the project. With these three additions, the agreement would be complete before you for voting on today. Chair Sanchez: All right. Mr. City Manager, you have anything you want to add to this? Pedro G. Hernandez (City Manager): No. Chair Sanchez: No? Mr. Hernandez: No, sir. Chair Sanchez: Okay. We are on PZ. 6. That is the development agreement. It is open to the public. Now is the time to step up and talk -- Nick Wigoda: Nick Wigoda -- Chair Sanchez: -- on the agreement. Mr. Wigoda: -- 700 Northeast 2nd Avenue. Chair Sanchez: Yes, sir. Mr. Wigoda: Just wanted to reiterate what Mr. Motwani had said. Everything is a hundred City ofMiami Page 19 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 percent accurate. RBC Holdings has been involved in owning property in Park West since 2004. We are in the process of selling Miami Worldcenter some of the sites, and they've -- money's hard. There's no options. We've negotiated good faith. They have every intention to close. And if it wasn't for these crazy capital markets and what's been going on with the debt markets, they would have -- this would not even be an issue. Furthermore, for the record, we've been consulted 100 percent along the way. And even if, God forbid, they couldn't close, we'd still be in favor of the granting of the zoning. Chair Sanchez: Thank you. Anyone else? The public hearing is open. If not, the public hearing is closed, and it comes back to the Commission. Madam Attorney. Maria J Chiaro (Assistant City Attorney): I just have one housekeeping matter insofar as this agreement. There is discussion in the agreement related to a waiver of sovereign immunity. Such waiver cannot take place under the law, and so there will be language adjusted in the agreement that the City does not waive its sovereign immunity. Chair Sanchez: Okay. Madam Clerk, do we have a motion and a second on this item, on the agreement? Pamela E. Burns (Assistant City Clerk): No, we do not. Chair Sanchez: All right. Can we get a motion and a second? Commissioner Gonzalez: Motion. Chair Sanchez: Motion has -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- been proffered by Commissioner Gonzalez, second by the Chair [sic]. The item is under discussion. Anyone wishing to discuss this item? Vice Chair Spence -Jones: I just -- Chair Sanchez: Commissioner Regalado, followed by Vice Chair Spence -Jones. Commissioner Regalado: Thank you, Mr. Chairman. Madam City Attorney, what was said by the counsel of the developer is what it is on the agreement, that no property that is not owned by the entity is bound by this development agreement, or are we talking of all the properties that are within the district? Ms. Chiaro: We are talking only of properties owned by this developer. Commissioner Regalado: So other property owners can proceed with any other development or project within the zoning that they have? Ms. Chiaro: That is correct. Commissioner Regalado: Okay. Chair Sanchez: Commissioner Regalado, that answers your question? Commissioner Regalado: Yes. Chair Sanchez: All right. Vice Chair Spence -Jones. City ofMiami Page 20 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: Yes. I just want to -- of course I support the project, but I want to at least publicly thank Nitkin [sic] and the whole -- all of you guys for really reaching out to the community. I see several members of my community, at least from the Overtown area and even from the Park West area, that have come out in their support of this particular item, and I appreciate the additional work you guys did to really make sure that their input was included, so I wanted to thank you for that and publicly thank them for that. Madam City Attorney has already addressed what my concerns were, and you also put those on the record today, the adjustments that you were committing to make. One of the issues was the DRI, but that is now being addressed, so I really appreciate that being handled. I know that there was a fear that, you know, this particular project would suck up everything and nothing would be made available for the Overtown area. You guys have addressed that. I fruly appreciate that. And as far as the jobs are concerned, we know that jobs is going to be the number -one issue over the next two to three years, five years, ten years, so just having a project like this coming out of the ground is going to be essentially important for the areas in the surrounding community. The -- especially the job training portion of it now that you guys are now adding as a part of the overall agreement, I really appreciate that. So when people make these kind of adjustments to really accommodate the community, you really have to acknowledge them for their great work. And I'd like to also publicly acknowledge our wonderful Madam City Attorney, Maria, for really hammering --I know we drove her crazy in my office regarding this issue, but I truly appreciate you hammering it out to make sure that it gets done. And to you too, Mr. Manager, I really appreciate it. Chair Sanchez: All right. Commissioner Gonzalez? Commissioner Gonzalez: Call the question. Chair Sanchez: Okay. The question has been called. Before it's called, I'm going to make a very brief -- this is a great project for the City ofMiami, and it's going to do wonders for downtown Miami and the entire city. All right, the question has been called. It is a resolution. There's been a motion and a second for the record. The public hearing was opened and closed. PZ.6, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The resolution passes, 4/0. Ms. Burns: And we will -- Chair Sanchez: Congratulations. Ms. Burns: -- show this item as modified. Chair Sanchez: As modified for the record. Not everybody stand up at once. All right. PZ.7 08-00699zc ORDINANCE Second 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 City ofMiami Page 21 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 Exhibit 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. 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 Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones 13040 Chair Sanchez: Okay, PZ. 7. PZ. 7 is an ordinance on second reading. Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. It's second reading for the request of a zoning change to addition of the SD-19 special district with an FAR (floor area ratio) overlay of 1.4. It was fully present. The project, at the first reading, was approved, and this is the second reading. Thank you. Chair Sanchez: All right. Madam Applicant. Lucia Dougherty: Good afternoon -- Chair Sanchez: Very brief. This is also -- Ms. Dougherty: -- Mr. Chairman, members -- Chair Sanchez: -- in front of us on second reading. Ms. Dougherty: Correct. Lucia Dougherty and Javier Avino, on behalf of the applicant. And City ofMiami Page 22 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 with me this afternoon is Diego Restrepa, who's the principal, and his architect, Humberto -- excuse me, and Daniel Martinez. We were here. We made a full presentation to you at your last Commission meeting. We are available to do so again, if you'd like. You passed it on first reading at a -- unanimously, and so did the Zoning Board. Again, we're available, if you'd like, to answer any questions or make a full presentation. Chair Sanchez: All right. Any questions on the item? If not, it's an ordinance on second reading. It's -- need a motion. Commissioner Gonzalez: Move it. Commissioner Regalado: Move it. Chair Sanchez: There's a motion by both Commissioner Gonzalez and Commissioner Regalado, so one made the motion; the other one second it. Before we open up for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, it comes back to the Commission for discussion. No further discussion on PZ.7. 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 on PZ. 7. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 3/0. PZ.8 08-00888zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 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. 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 City ofMiami Page 23 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones 13041 Chair Sanchez: PZ.8 is an -- Lucia Dougherty: Thank you very much. Chair Sanchez: -- ordinance also on second reading. Lourdes Slazyk: For the record, Lourdes Slazyk, Zoning administrator. PZ.8 is second reading to allow for the temporary signs for the Performing Arts venues. This increases their number of special events to 26 a year for Performing Arts venues within SD-6. Commissioner Gonzalez: Motion on PZ.8. Chair Sanchez: Okay, there's a motion on -- Commissioner Regalado: Second. Chair Sanchez: -- PZ.8 and second. Motion was made by Commissioner Gonzalez, second by Commissioner Regalado. It is being opened up to the public. It's an ordinance on second reading. The public hearing is open. Seeing no one, the public hearing is closed; it comes back to the Commission. No further discussion on the item. It's on second reading. It was discussed in first reading. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by 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, 3/0. PZ.9 08-00889zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 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 ofMiami Page 24 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 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 Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones 13042 Chair Sanchez: All right. PZ.9 is also on second reading. Lourdes Slazyk (Zoning Administrator): Yes. Chair Sanchez: Very brief. Ms. Slazyk: This is the amendment to SD-20.1 to allow the dental -- medical and dental clinics and offices just like we did for SD-9. It's been recommended for approval. Chair Sanchez: Okay. Non -- very noncontroversial item. Need a motion. Commissioner Gonzalez: Motion. Chair Sanchez: Motion by Commissioner Gonzalez, second -- Commissioner Regalado: Second. Chair Sanchez: -- by Commissioner Regalado. Open to the public. Public hearing is open. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, and it comes back to the Commission. No further discussion on the item. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. Pamela E. Burns (Assistant City Clerk): Roll call. City ofMiami Page 25 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 3/0. PZ.10 08-00887zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 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 51ST 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 12-11-08 Fact Sheet.pdf LOCATION: Along the East and West Sides of Biscayne Boulevard Between NE 51st 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 Gonzalez, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones Chair Sanchez: PZ (Planning & Zoning) -- all right. PZ.10 was deferred. Lourdes Slazyk (Zoning Administrator): Yes. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, PZ.10, I'm asking that you defer the item. We have a series of Code Enforcement issues that we're frying to resolve at the site, plus the fact that the district Commissioner is not here for the item. So I think that would like to ask for the deferral. Chair Sanchez: All right, so -- but this item, we deferred it earlier today. Mr. Hernandez: We had discussed it, butl don't think it was done officially. City ofMiami Page 26 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Slazyk: Yeah. I don't know if -- Chair Sanchez: Okay. Ms. Slazyk: -- I don't think you acted. Chair Sanchez: Can we get a motion to -- Ms. Slazyk: No. Chair Sanchez: -- defer PZ.10? Commissioner Gonzalez: Move it. Chair Sanchez: Motion by Commissioner Gonzalez. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The item has been deferred to December agenda. Pamela E. Burns (Assistant City Clerk): So that would be continued to December 11? Chair Sanchez: Yes, ma'am. Mr. Hernandez: Yes. Ms. Burns: Thank you. PZ.11 08-01109zt ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC SPECIALTY DISTRICT, WAIVING DISTANCE EXEMPTIONS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 1- 08-01109zt- MIMO- Map.pdf 08-01109zt Attachment A.pdf 08-01109zt CC Legislation (Version 2).pdf 08-01109zt CC SR 12-11-08 Fact Sheet.pdf First Reading LOCATION: Between NE 50th Street and NE 77th Street on the East and West Side of Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] City ofMiami Page 27 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will waive distance exemptions for establishments serving alcoholic beverages within the MIMO District. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: Okay. All right. PZ.11. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.11 is the amendment Section 4-2 entitled "Definition" and Section 4-1 entitled "Exception to Distance Requirement" to create the Miami Modern (MiMo)/Biscayne Boulevard Historic Specialty District, waiving distance exception for establishments serving alcoholic beverage; containing a severability clause and providing for an effective date. The Planning recommendation is for approval, and this will allow the distance exception for establishments serving alcohol beverage within that disfrict. Thank you. Commissioner Gonzalez: Motion on it. Chair Sanchez: Okay, there is a motion and a second. Commissioner Regalado: Second for discussion. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez, second by Commissioner Regalado. The item is under discussion. Before we do that, let's open it up to the public. All those wishing to speak on the item, please step up to the mike, state your name and address for the record. Nancy Liebman: My name is Nancy Liebman, 9 (UNINTELLIGIBLE) Avenue, Miami Beach. I am here today to speak on behalf of the MiMo Biscayne Association. I have copies of our objection, which I will discuss on the record. I have copies of letters for all of you. Chair Sanchez: Could you please present it to the Clerk? So, basically, your objection is to this ordinance? Ms. Liebman: We have one object -- no. We're very much in favor of the ordinance. We have supported this for the past two years. This ordinance is one of the many incentives that we hope to install -- Chair Sanchez: So what's -- Ms. Liebman: -- so that the historic district people are going to be -- Chair Sanchez: -- your objection? Ms. Liebman: One word. Instead of all of the buildings in the historic disfrict being allowed to take advantage of this incentive, the distance removal waiver -- the way it is written, it says only contributing buildings, and we find that to be objectionable because we're trying to restore an City ofMiami Page 28 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 entire district, not just individual buildings within the district. The overall purpose is to restore the district. This is one incentive. Chair Sanchez: So your recommendation is that it be the district, not just specific historical buildings. Ms. Liebman: Exactly. There are contributing buildings, which meet certain standards as written, and then there are nonconfributing buildings. Chair Sanchez: I agree with you a hundred percent on that. Ms. Liebman: Oh, okay then. Chair Sanchez: But I'm just one of three votes here. Commissioner Regalado: Mr. Chair -- Ms. Liebman: Let me clarify for the record. There was some confusion at staff level that this would just make for wholesale bars and clubs and whatever on the Boulevard. We were very specific in protecting against that. Each building within the district, whether it's contributing or nonconfributing, would need to be rehabilitated so that people have to first invest in their properties before they would be allowed to take advantage of this incentive. They would have to be approved by the Historic Board according to the guidelines. The only difference between a contributing and noncontributing building, according to historic preservation rules, are that nonconfributing buildings may be demolished. They may be demolished. But they have to conform to all of the other historic preservation guidelines for that disfrict, and there are protections within the ordinance that describe what you have to do before you can take advantage of this distance waiver. This is much more restrictive than the ordinances you passed in Wynwood or in Calle Ocho, much more restrictive. We were very -- and the disfrict Commissioner, Sarnoff was very specific to make sure that we put protections in place. But if you only have contributing buildings, you're going to just have hit-and-miss buildings spotted. You will not have the critical mass that it will take to make this place a destination, so that is why we object to the word "contributing." It should be all the buildings equally, meeting the standards of the historic district, and they're listed in there, and there are probably more that'll be put in place. Chair Sanchez: Thank you. Ms. Liebman: Thank you. Commissioner Gonzalez: Thank you. Yes, sir. Next. Eric Silverman: Hi. My name's Eric Silverman. I'm here representing the Vagabond, at 7301 Biscayne Boulevard. Thank you to the Chair and to the Commissioners of considering the next step in the exciting evolution of the MiMo disfrict. I support the ordinance, yeti have certain concerns and some things I think should be considered. First of all, the historic preservation supports the contributing buildings. And one of the things for MiMo when we -- when it started and representing the property owners, was that the historic buildings needed the Chapter 23, the parking, and some of the other things to restore these buildings, and that should be the first ones that we look at, then the nonconfributing buildings and then new buildings. Are they entitled to the same rights of -- does the new building get transfer of development right to waive parking? I don't know how this reads. But initially, I think we have to look at the contributing buildings; secondly, the nonconfributing buildings and determine what happens to nonconfributing buildings that are knocked down and new buildings that go up. And what is substantially renovated? What is the threshold? The second is the City of Miami should adopt the parking City ofMiami Page 29 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 study that was taken in the neighborhood and also supported by the MiMo group. One of the important things is not only to be a walkable district but to be a district where you can park. So one of my strong feelings is to put more licenses in the neighborhood, you need to also be also willing to adopt the parking study, which gave us some ways to put a couple hundred spaces, hundred to two hundred spaces additionally into the neighborhood of which all property owners on Biscayne Boulevard support. The third is that any existing buildings that did have liquor licenses be allowed to be considered contributing buildings and not lose any rights. Some of us are right now getting ready to open up our restaurants and bars. It's been a long road. And right now we do have a letter from Zoning that does protect us 'cause we are in the 1, 500 feet and we have a protection period that I would still like to see honored. It is for this reason that I propose that we slow down -- Commissioner Gonzalez: You need to conclude because your -- Mr. Silverman: In conclusion -- Commissioner Gonzalez: -- two minutes is up. Mr. Silverman: -- and give an opportunity to flush out all the issues. The valued opinion of Ellen Uguccioni and the difference between contributing and noncontributing should be heard by the group, and also give our Commissioner an opportunity to hear the issues and fairly establish a timeline for implementing the desired changes to the MiMo district. This will, in the long term, help create the best historic district possible. Thank you. Commissioner Gonzalez: Thank you. Next. Bob Powers: Good afternoon. My name is Bob Powers. I live at 565 Northeast 66th Street. I'm the vice president of the MiMo/Biscayne Association. The association voted unanimously to carry on what Nancy Liebman spoke about, and that's the only change that we want to make. I'm not going to make it a convoluted anything. It should be inclusive of all the properties that are there. We have a number of buildings and businesses that want to apply for liquor licenses that fit into the Chapter 23, as well as all the other structures that we put in place because, as you know, we've seen what has happened throughout the city when they've had problems with this, so we've kind of really honed this in. And your staff with the City, has worked with us diligently, and that's the only word that we find in there that we find not -- it just doesn't provide for a community -- more community -spirited thing, and that's really what we're trying to do. As opposed of being exclusive, we'd rather be inclusive. So we would certainly like you guys to look at it from that perspective. Thank you very much. Commissioner Gonzalez: Thank you. Yes, ma'am. Frances Rollason: Fran Rollason, president of the MiMo/Biscayne Association, 686 Northeast 74th Street. I just would like to clarify the fact that when they mentioned properties for this ordinance, we're really speaking of restaurants. And in line with that, there is the caveat that they have to sell 51 or 60 percent food. So it's not just -- we're not talking about bars on every corner. And at this point in time, you know, we're frying to bring an awareness to the district, which is desperately needed. And when you travel there and you look at night and you see the restaurants, there's plenty of room for more people to come to the restaurants, and there's plenty of parking for what we have now. So -- and this would really help the bottom line of the restaurants and make it a better district for everybody. Thank you. Commissioner Gonzalez: Thank you. Anyone else? Yes, ma'am. Barbara Gimenez: Good afternoon. City ofMiami Page 30 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Commissioner Gonzalez: Good afternoon. Ms. Gimenez: Barbara Gimenez, and I'm here as a property owner in the MiMo district. I own 7001 Biscayne Boulevard. I'm here on behalf of myself as the owner, and also as the owner of the establishment that is in my building, known as Casa Toscana. We purchased the building in 2001, and we went about repairing it and making it look decent. We moved our offices there. We opened businesses there long before it became attractive, I can say. And so we have a lot at stake here, and I am very much in favor of the ordinance, and I am also in favor of removing the restriction. My building is nonconfributing, which means that a vibrant and established restaurant like Casa Toscana cannot have a liquor license ever. So I would be in favor of removing that restriction. Thank you. Commissioner Gonzalez: Thank you. Anyone else? All right. The public hearing is closed, come back to the Commission. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. As maker of the second for this, I would, if the maker of the motion agreed, include nonconfributing also -- contributing and noncontributing building on the ordinance. Commissioner Gonzalez: Do you accept the amendment? Chair Sanchez: I accept the amendment as to the recommendation made by the MiMo district. However -- Commissioner Gonzalez: But I don't think you made -- you didn't -- Commissioner Regalado: No. Commissioner Gonzalez: -- make a motion. Commissioner Regalado: You did make the motion. You were -- Chair Sanchez: Yeah, but -- you were the -- Commissioner Gonzalez: I? Commissioner Regalado: You made the motion and I second it. That's why I'm referring to you. Vice Chair Spence -Jones: Madam Clerk was saying -- Ms. Burns: Our records do show Commissioner Gonzalez -- Chair Sanchez: Yes. Ms. Burns: -- making the motion, seconded by Commissioner Regalado. Commissioner Gonzalez: All right. I'll accept the -- Chair Sanchez: And I -- Commissioner Gonzalez: -- amendment. Chair Sanchez: Okay. And I had passed the gavel to you, so you're -- Commissioner Gonzalez: Right. City ofMiami Page 31 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: -- the Chair. Commissioner Gonzalez: Right. Chair Sanchez: Okay. Are you done with the item? Commissioner Regalado: Huh? Chair Sanchez: Are you done with the item? Vice Chair Spence -Jones: He made the amendment. Commissioner Regalado: I just added the word "noncontributing" to the ordinance. Commissioner Gonzalez: Commissioner Spence -Jones. Vice Chair Spence -Jones: I support making the -- Commissioner Gonzalez: Okay. Vice Chair Spence -Jones: -- change. Commissioner Gonzalez: Chairman Sanchez. Chair Sanchez: Absolutely. I support this. The whole intent here on this amendment, this friendly amendment to this legislation on first reading -- which the district Commissioner will have ample opportunity on second reading to review it and make recommendations and work with you on it -- is to accomplish exactly what you want to accomplish in the MiMo disfrict. As I always stated, the MiMo disfrict is a diamond in the rough, with tremendous potential to be a significant spot. In this city, when people say the MiMo disfrict, the Upper Eastside, it's something that -- when it's all said and done, it's going to be something we could all be very proud of. Now, I agree with you on promoting liquor licenses and trying to create an ambience where people can go out there and have some fun. However, from experience, I caution you to do it right. Because it's all about doing it right, and you have a great opportunity to spread it through the entire area because this isn't just three or four blocks. This is a large portion of a major corridor that, if it's done right, could be one of the most significant signature spots in the City ofMiami. So yes, I support the -- your recommendation and the amendment proffered by Commissioner Regalado. Commissioner Gonzalez: Any further discussion? Vice Chair Spence -Jones: No. I just wanted to just add and dittoing on Mr. Chairman. First of all, acknowledging everything that you guys have done to transform the MiMo disfrict or the area. I mean, it has totally -- I mean, to drive down Biscayne Boulevard, between -- at least between 54th and 79th Street, just in general, to see the major transformation that has happened in that area is incredible. And I look at all the wonderful things that you guys are doing there to, hopefully, you know, see some of this stuff flow over into my district. So I want to commend you guys for your hard work and all of the great things that you guys do. And I actually eat and have fun in the MiMo disfrict. So I just wanted to publicly acknowledge you, Nancy, you, Fran, and the whole team over there for doing such an outstanding job, and your markets. And that was it. Commissioner Gonzalez: All right. Madam City Attorney, would you please read the ordinance? City ofMiami Page 32 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Maria J. Chiaro (Deputy City Attorney): And the ordinance, as read in its title, contains the exemptions, as discussed in the record. Chair Sanchez: As amended. Ms. Chiaro: As amended. Commissioner Gonzalez: As amended. Commissioner Gonzalez: Roll call, please. Ms. Burns: For clarity, does that mean that this is amended or is not modified? Chair Sanchez: It is amended. Ms. Burns: It is, okay. Commissioner Gonzalez: It is amended. Ms. Chiaro: It's amended to that -- from that which was in the distributed backup material but read properly on the record. Ms. Burns: 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, 4/0. Chair Sanchez: All right, congratulations. Okay. PZ.12 08-01317zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION RE-ENACTING AND AMENDING ZONING ORDINANCE 11000: (1) ARTICLE 4, ENTITLED "ZONING DISTRICTS", MORE SPECIFICALLY, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", TO RECLASSIFY "ADULT ENTERTAINMENT" AS A "PERMITTED PRINCIPAL USE"; (2) ARTICLE 9, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS", MORE SPECIFICALLY, SECTION 937, ENTITLED "ADULT ENTERTAINMENT OR ADULT SERVICES", TO PROVIDE FOR ADDITIONAL LEGISLATIVE INTENT, AND TO SPECIFY THE PREENACTMENT EVIDENCE ON WHICH THE CITY COMMISSION RELIED TO CONCLUDE THAT THE RESTRICTIONS ON ADULT ENTERTAINMENT WITHIN THIS ORDINANCE FURTHER THE CITY'S INTEREST IN REDUCING THE SECONDARY EFFECTS; AND (3) ARTICLE 25, ENTITLED "DEFINITIONS", MORE SPECIFICALLY SECTION 2502, ENTITLED "SPECIFIC DEFINITIONS", IN ORDER TO AMEND THE DEFINITION OF "ADULT ENTERTAINMENT OR SERVICE ESTABLISHMENT"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-01 025zt PAB Resos.pdf 08-01 317zt CC Legislation (Version 1).pdf 08-01 317zt Composite Exhibit A.pdf 08-01 317zt CC SR 12-11-08 Fact Sheet.pdf City ofMiami Page 33 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 8-0. The Board also recommended by a vote of 8-0 that the Department of Zoning, with advice from the Office of the City Attorney explore avenues in other parts of the country that may not allow the granting of certificates of use to existing legal non -conforming adult entertainment establishments in the City when these non -conforming uses change hands in areas not zoned industrial. PURPOSE: This will add specific legislative intent setting forth relevant preenactment evidence in support of the zoning restrictions on adult entertainment or adult service establishments and reclassify adult entertainment as a permitted principal use. NOTE: File ID 08-01025zt is related to this item and was adopted with modifications as an emergency ordinance on September 27, 2008. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: Moving on, PZ.12. Maria J. Chiaro (Deputy City Attorney): PZ.12 is an ordinance that is before you City Commissioners because you had amended the section of the City Code by emergency ordinance two City Commission meetings ago. In examining the procedure used in that amendment, we have determined, in the CityAttorney's Office, that the ordinance needs to be amended by two readings, so it cannot be done as it was previously done by special -- by emergency. It requires two readings. This is before you for first reading. This is an ordinance that deals with the restrictions in adult entertainment, and you had previously passed this ordinance by unanimous vote. Chair Sanchez: Okay. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by the Vice Chair. It is on first reading. It's an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, and it comes back to the Commission for deliberation. Any further discussion on the item? If not, 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. City ofMiami Page 34 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 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 passed on first reading, 4/0. PZ.13 08-00223ct ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI ("CITY"), BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE ELEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS REQUIRED BY CHAPTER 163, PART II, FLORIDA STATUTES, TO INCORPORATE THE RECOMMENDATIONS CONTAINED IN THE 2005 EVALUATION AND APPRAISAL REPORT OF THE CITY'S COMPREHENSIVE PLAN, AND INCORPORATE THE REPORT ON "RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT OF JULY 18, 2008"; AND INCORPORATE THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENT ELEMENT AND 5-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00223ct CC SR Legislation (Version 5).pdf 08-00223ct EAR Attachment - November 2008.pdf 08-00223ct CC SR 11-13-08 Fact Sheet.pdf 08-00223ct-Submittal-Brenda Kuhns Neuman.pdf 08-00223ct-Submittal-Miami River Commission.pdf 08-00223ct-Submittal-Miami River Marine Group.pdf 08-00223ct-Submittal-Errata Sheet.pdf 08-00223ct-Submittal-Andrew Dickman.pdf 08-00223ct-Submittal-Map.pdf 08-00223ct-Submittal-Letter-Andrew Dickman.pdf 08-00223ct-Submittal-E-mail-Andrew Dickman.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 with modifications to City Commission on April 30, 2008 by a vote of 8-0. Also, recommended denial to City Commission of the proposed Miami River Sub -Element as presented by the Planning Department by a vote of 6-2. PURPOSE: This will allow required amendments to the Comprehensive Neighborhood Plan based on the Evaluation and Appraisal Report (EAR) recommendations. City ofMiami Page 35 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Motion by Commissioner Gonzalez, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado Absent: 1 - Commissioner Sarnoff 13043 Chair Sanchez: All right. Let's go on to the last item of the agenda, PZ. 13. Pamela E. Burns (Assistant City Clerk): Mr. Chair. Chair Sanchez: Yes? Ms. Burns: I have been advised that we do have a separate speaker appearance record. And any person signing this form, as to the Comprehensive Plan Evaluation and Appraisal Report, will receive, via e-mail (electronic), a courtesy informational statement concerning the publication of the state land planning agency's notice of intent. You do not have to speak in order to receive this courtesy informational statement. However, ifyou do plan to speak, we do have a separate sign -in sheet that we are requesting you to complete. Thank you. Chair Sanchez: And it is a public hearing. However, everyone speaking will only be allowed to speak for three minutes. You have to register with the City Clerk. However, you can give up your time. If you have somebody who wants to give up your [sic] time for you to speak, they could transfer the time to another speaker. Madam Clerk, how many have registered to speak on this item? Ms. Burns: We only have a couple. Chair Sanchez: Okay. Could I have their --? All right. You may proceed with the item, PZ. 13. Harold Ruck (Planner II): Good evening. Harold Ruck, with the Planning Department. All right. This is the second reading of the legislation to adopt the EAR (Evaluation and Appraisal Report) -based amendments, and this will be reflecting the inputs, comments, objections that we've received from the Department of Community Affairs. Historically, this came before you May 13 for first reading, and this was adopted and transmitted to DCA (Department of Community Affairs) The vote was 3/1, with one absentee. This was sent to DCA for their review and comments, specifically the ORCs (Objections and Recommendations and Comments) report. On July 18, DCA transmitted their comments, which was called the ORCs report, and the City has revised its EAR -based amendments and provided additional data and analysis at the recommendation of the Department of Community Affairs. At this point in time, the Commission is only being asked to consider the revisions to the previously adopted amendments, which are based on the ORCs comments from DCA. Chair Sanchez: Which are the objections by the DCA. Mr. Ruck: Yes, the objections from DCA. DCA will only consider the revision to adoption -- excuse me, to the amendments that are found in the ORCs report. Transmittal of the ORCs responses and acknowledgements of the complete document by DCA will bring the City into compliance, avoiding any possible sanctions and allow the City to resume making changes to the Comprehensive Plan. After DCA receives the EAR package, it will begin review of the amendments, pursuant to Chapter 163. This review is expected to be completed within 45 days. At this point in time, the -- I'll turn this over to the Planning director to go through some of the items contained in ORCs report. And also any questions, we have the Curtis Group, our City ofMiami Page 36 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 consultants, along with legal counsel, Nancy Stroud, Paul Lambert, from Lambert Advisory, for any questions. Thank you. Chair Sanchez: All right. Let me remind my colleagues that this is on second reading and we cannot have -- introduce substantial changes, for the record. Madam Attorney. Julie O. Bru (City Attorney): Mr. Chairman, just procedurally, this is here as a legislative item. First of all, this is not a quasi-judicial hearing so the public is -- this is a public hearing. The public can comment on any aspect of the amendments to the comp plan. However, it would be appropriate for you to consider and focus on the ORC, the objections, recommendations and comments that were transmitted by Tallahassee, by DCA, late in the summer, after you transmitted -- in May, you transmitted your comp plan amendments. So not being a quasi-judicial hearing, there really isn't any cross-examination or anything of the like. You've alloted a certain time for each speaker. That's what they're entitled to to have to speak. And with that being said, if there's any other procedural questions, I'll be more than glad to address them. Chair Sanchez: Thank you. Commissioner Regalado: Can I -- Mr. Chairman, can I ask something to the City Attorney? Madam City Attorney, this is second reading, but this is a response to the first reading. So it's different? Ms. Bru: It is the -- it's a second reading because it's an ordinance, and an ordinance has to be adopted after, you know, having had two readings, public hearings. But there is a process that's mandated by state law regarding comp plan amendments, and we've gone through that process. This started back in 2005. Based on the Evaluation and Appraisal Report, we prepared the amendments. DCA just had a chance in the summer to give us their objections, their comments, their recommendations, and it's back here for you to consider what DCA has asked the City to now address. Commissioner Regalado: So -- Ms. Bru: And we're going to now -- Commissioner Regalado: -- it is different than the first reading -- Ms. Bru: It's -- Commissioner Regalado: -- because it has some new element. Ms. Bru: Well, this is considered the adoption hearing, the adoption reading or hearing. Commissioner Regalado: And why are we voting on second reading and not on first reading? Ms. Bru: We -- you did vote on first reading. You voted on first reading to transmit it. Commissioner Regalado: I understand that. I understand, but it was different. Ms. Bru: Well, it -- this -- it went to Tallahassee for Tallahassee to determine whether or not the proposed amendments were in compliance. And they have -- as they statutorily have the authority to do, they made comments and they raised objections and they made recommendations. Now it's before you to address that this -- this document is not a static document. It is a document that is fluid and it does require a lot of data, a lot of analysis. City ofMiami Page 37 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Commissioner Regalado: So if it's fluid, we can include changes? Ms. Bru: Well, I would not recommend that you consider this the type of hearing where you could just throw everything out the window and start anew because -- Commissioner Regalado: No, no, no, no. I'm just saying small changes or -- Ms. Bru: If you were to change something that is substantial, it might call into question whether or not you'd have to go through some further procedure. At this point, you have gone through a very lengthy, and a lot of public input, a lot of comment from DCA, who ultimately has to approve this as being in compliance. Therefore, my recommendation to you is don't make any substantial changes at this time. Commissioner Regalado: Okay. One thing that I want to mention to the Chairman, along his line of thought on the first two items, I remember that Commissioner Sarnoff was vehemently opposed to one of the issues on the Port ofMiami and he's not here now. So I'm just saying to you -- it's not his district, but it's citywide. So I'm just pointing to you that he has not had a chance to vote on this. I'm ready to listen to it, but it's just a comment that I remember and you all remember that he was opposed to what the Administration -- Chair Sanchez: Are you suggesting or making a motion to defer the item? Commissioner Regalado: I would, in hoping that the whole Commission will be here. Ana Gelabert-Sanchez: Can I say something? Ana Gelabert, Planning director. I would appreciate the opportunity to be able to present. We do have -- we have addressed the issues that were brought up as concerns on the river, which I know is the one where he had had discussions. If we -- if you could allow me to give the presentation. The other concern is we have, as per DCA, 120 days to give back to them, after they -- we do submittal of the first time around, which was May 13, which puts us to November 17 -- Chair Sanchez: Ana -- Ms. Gelabert-Sanchez: -- to be the 120 days. Prior to that, I need to be able to submit to DCA. Chair Sanchez: -- would this deferral allow you the ample opportunity to do it? Yes or no? Ms. Gelabert-Sanchez: No, it wouldn't because it'll be next year -- Chair Sanchez: You wouldn't be able to make it? Ms. Gelabert-Sanchez: November 17 is pretty much the date that DCA would need to have this material back to them. Chair Sanchez: So what would happen if we took that route of a deferral today, recommended by Commissioner Regalado? Ms. Gelabert-Sanchez: We could be subject to penalty. Commissioner Regalado: Ana, I will do whatever the Commission wants to do, but don't blame the Commission. You had this from 2005. And you know, always at the last moment, the Commission, if you don't do this, we get penalty. If you do not do this, we get shot, you know. Ms. Gelabert-Sanchez: Commissioner, I'm not putting blame on anyone. I'm just clarifying because the question was asked. City ofMiami Page 38 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Commissioner Regalado: No, I understand. I understand, but you know, the thing is that if you don't do this today, we get penalized. If we don't do it, we get punished. Ms. Gelabert-Sanchez: We have been -- what we did, we submitted it on first reading and DCA gave us their objections, as the City Attorney just said. We have responded, and we're bringing it back to you, as soon as we could, in order to be able to submit to DCA what they had requested. And I can go through the presentation. So the time that we have taken from the first time on May 13 to now is ready to put back a report on the -- and respond to their issues in order for us to then send it back to them. Vice Chair Spence -Jones: Mr. Chairman, can I --? Chair Sanchez: Sure. Vice Chair Spence -Jones: Okay. Mr. Manager -- really, I just want to ask Mr. Manager. Ana, you're saying -- so by November 17 is the deadline on this? Ms. Gelabert-Sanchez: We have 120 days. Vice Chair Spence -Jones: Yeah. I'm saying -- Ms. Gelabert-Sanchez: Yeah. Vice Chair Spence -Jones: -- I can't -- Ms. Gelabert-Sanchez: I'm sorry. Vice Chair Spence -Jones: -- I'm not going to sit here and count between the last time we talked about this. We have a million and one items that come in front of us. What is the -- is it the November 17 then the deadline for this? Ms. Gelabert-Sanchez: November 17 pretty -- it's a date 120 from May 13, plus or minor, November 17. Vice Chair Spence -Jones: Okay. So, Mr. Manager, when is Commissioner Sarnoff scheduled to be back? Pedro G. Hernandez (City Manager): My understanding is that he comes back Sunday. Vice Chair Spence -Jones: Have you gotten any --? Oh, I can't ask you that. Did you get any e-mails from him stating his position on this -- Mr. Hernandez: No. Vice Chair Spence -Jones: -- like the other one? Mr. Hernandez: No. Commissioner Regalado: That's not funny. Vice Chair Spence -Jones: I mean, this is a huge -- isn't this a huge issue? Mr. Hernandez: It is a very significant issue. It's a very laborious process that has been going on for a long time. Even in the early part of the year, it took quite a while to go through City ofMiami Page 39 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Planning Advisory Board, several items. It finally -- or several times that it went to PAB (Planning Advisory Board). Then a first reading came to the City Commission. Then we received their comments back in the middle ofJuly. Since they had some -- a handful of comments, including the Miami River, we felt that it wasn't proper to press the item and have it on your last July agenda, July 23, 24. And then we used, I would say, a whole month ofAugust and September, to do additional analysis and studies, as requested by DCA, in order to properly address all of their concerns, and that's what's taking so long. And now we're here before you on the second reading. Chair Sanchez: I'm sorry. Vice Chair Spence -Jones: I'm sorry. And based upon our briefing yesterday on this whole item, there were -- the main three things that came up as a part of this hearing and getting the community involved, one was the river, the issue of a working river and all of that. That took a lot of discussion. The other big issue was transportation. I'm sure you know that. That was another big discussion, and I think Commissioner Sarnoff also had some real vocal opinions about that, and along with some community people had some vocal opinions about that, and then housing. So the top two issues was the river and transportation, correct? Ms. Gelabert-Sanchez: Yes. I mean, there were issues on transportation, there were issues on the river, and we've been able to address them. I just want to, ifI may, go back to what it is. I mean, the comments that -- Chair Sanchez: Ana, hold on. Ms. Gelabert-Sanchez: I'm sorry. Chair Sanchez: Let's get some control here. I want to know from the City Administration do they recommend a deferral or they are against a deferral? Bill Anido (Assistant City Manager): We're against a deferral. Chair Sanchez: Why are you against a deferral? Mr. Anido: For the reasons stated by the Planning director, that we will be in noncompliance. Chair Sanchez: Okay. So there are implications to the City if we do not approve this today? Mr. Anido: That's exactly correct -- Chair Sanchez: Okay. Mr. Anido: -- yes. Chair Sanchez: Fine. There's a motion by Commissioner Regalado to defer the item. Is there a second? There is no second, so it dies. We proceed. You're recognized for the record. Ms. Gelabert-Sanchez: Ana Gelabert, Planning director. The Miami Comprehensive Neighborhood Plan consists of 14 elements. Commissioner Regalado: I didn't make a motion. Vice Chair Spence -Jones: You didn't? Commissioner Regalado: I didn't. City ofMiami Page 40 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: Madam Clerk, did he make a motion? Ms. Burns: We did not show an official motion. Chair Sanchez: I could have swore he made a motion to defer the item. Commissioner Regalado: No, I did not make a motion. I was asking you, along your line of thought for the first two items, if you think that Commissioner Sarnoff should be here. I did not made a motion, just for the record. Chair Sanchez: Commissioner, with all due respect, if this wasn't such a serious matter to the City, based on the Administration and the staff that are telling us that this has significant implications to this City, I would be more than happy to either make the motion or second your motion to defer this item to have the district Commissioner here. However, I -- Commissioner Regalado: And that's all I wanted to hear. Chair Sanchez: Excuse me. Excuse me. Commissioner Regalado: And that's all I wanted to hear -- Chair Sanchez: Excuse me. Commissioner Regalado: -- your explanation. Chair Sanchez: With all due respect -- I don't interrupt you when you're talking. So I feel that it's inappropriate for us to do that because it's going to put the City in harm's way, based on the recommendation both by the Administration and the staff. I have to take that into consideration. Because after all, I think that we have an obligation to protect this city. Commissioner Regalado: Mr. Chairman, that is why I told you I did not make the motion for the same reason you just said. Chair Sanchez: You made it clear. You may proceed. Ms. Gelabert-Sanchez: The Miami Comprehensive Neighborhood Plan consists of 14 elements. Within those elements, there are 35 goals, 101 objectives, and 474 policies. DCA provided comments on specific goals, objectives and policies within 7 of those 14 elements. As such, we can say that 95 percent of the document that was transmitted to DCA on first reading was found consistent. A significant number of the objections, recommendations and comments were as minor as relocating all maps to one appendix in the document; other observations such as the optional Miami River sub -element required additional data and analysis. I have -- and I will go through kind of a synopsis or summary of the issues, and then, if you will, I know you have -- that we provided a summary of all the goals. I will be more than happy to go specifically through them, but I thought, perhaps for my presentation, I could justgive you a quick oversight of where those things are, and then I would also like to introduce Paul Lambert to give a presentation, given that the data and analysis on the River was a key component and important, and I would like to do that. But first, like I said, I will go through it. Number one, it was on the future land use element. The type of things that we were required to respond to were population updates with corresponding evaluation of levels of services, revision of the future land use map to include the future year that it represents 2020; the -- on the transportation element, the inventory of data and analysis completed in 2004. The document existed. We just provided a copy. It's now -- now can be found in Appendix T31 of the Comprehensive Plan. On the housing element, provide a consolidated plan, supporting documentation, which included the location of housing projects, City ofMiami Page 41 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 assisting low- and moderate -income families in the city. On the portable water element, it was to revise the data, pursuant to the levels of service, established by WASA (Water and Sewer Authority). On capital improvements elements, the Department of Capital Improvements provided an updated CIP (Capital Improvements Program) program that reflects compliance with established levels of services and additional improvements to support it. On the coastal management element, the coastal high -hazard area map update consistent with the MDC (Miami -Dade County) Office of Emergency Management map of 207 [sic]. And finally, the Port ofMiami River sub -element, the optional element; strategies to support and preserve recreational and commercial working waterfronts, and we were required to provide data and analysis to support those strategies. What I would like to do now, if you will, is introduce Paul Lambert for him to be able to give you a presentation on the report, a summary of what he has done, and if you want to, I can come back and go through all of the objectives one by one, if that's your -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: -- desire. Chair Sanchez: All right, Paul. Paul Lambert: Thank you very much. My name is Paul Lambert, with the firm of Lambert Advisory, located at 2601 South Bayshore Drive, right across the street. We -- our firm specializes in economic and real estate analysis and land use development analysis, and we have long-term experience both in the United States and around the world, particularly around port development, the terminal development, as well as marina and marine development analysis. And so some of this I'm going to be talking about, at least our data analysis, on purposes of your submission of the EAR, is based upon some of our prior experience, as well as specifically, a prior analysis, which we did that's in draft form, on behalf ofMiami-Dade County related to recreation marine activity. We -- our effort was very much, very focused, Commissioners. It primarily focused on two specific questions. There's five questions in our report, but it boils down to two specific questions. The first question, there is approximately 40 or so acres, 40 plus or minus acres, in parcels along the Miami River, which are currently zoned, in terms of your land use designation, for working waterfront activities. They're SD-4 zone districts. That 40 or so acres represents approximately 15 percent --15 to 16 percent of the total acreage on the river, so it's not a big piece of the river, but it is about 15 to 16 percent of the total parcels along the river. That 15 or 16 percent development was our -- was the focus of our analysis and what would be the likely redevelopment of those parcels, if they were to be maintained as working waterfront restricted parcels. Number one. That was the first question. The second question is if there was a broadening of the land use that was allowed on those parcels, what was the likelihood -- and this was very much looking at parcel by parcel basis -- of those parcels realizing reinvestment and redevelopment for other uses? Now, there are many -- you'd say 40 acres is pretty small. There are many other uses on the river that are working waterfront uses that are actually operating uses that are not on these SD-4 parcels. So they're already -- they already have a zoning designation which allows them to be redeveloped, but they continue to be utilized for working waterfront uses. When we looked at the working waterfront uses -- when you break it down, there's really five working waterfront uses, cargo being the first one. That's import/export of cargo through the Miami River. Number two, recreation marinas, primarily for people who keep their recreation boats. Boat building and boat repair on the river and then support activities for recreation marine boat repair, as well as cargo operations, tug, dredging, marine construction, things along those lines. And finally, there's fishing, commercial fishing, a very small piece of the river. You're familiar with Garcia's, of course, which is on City -owned land. But for the most part, it's a very small element of the overall activity on the Miami River currently. There are some issues that have implications for the future development on the river and those are regulatory issues. Up until Tuesday, when Amendment 6 passed, there was an issue that if there was a land use change, and according to the County appraiser, that in fact, the City ofMiami Page 42 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 value of the land would have to be appraised at the higher value, the highest and best use of the land. Amendment 6, which passed last Tuesday, changed that or is going to change it once the Legislature adopts it, from my understanding, to ensure that working waterfront uses continue to be taxed and assessed at working waterfront values. So, obviously, that has a certain implication for working waterfronts, or did in the past, and now those uses are going to continue to be taxed at their working waterfront rates. The second element that has limited development or has some limitation on development within the river is the channel width and what's largely considered by is the hundred foot buffer. For all intents and purposes, the majority of the Miami River falls -- the channels is reasonably narrow and the river itself is reasonably narrow, and between the channel and this hundred foot no -build buffer so that if a barge or something else runs -- loses power, runs into that hundred foot buffer, it's a safety factor that the US (United States) Army Corps of Engineers applies for fixed structures, as well as boats, to be docked within the buffer area. For all intents and purposes, with very few exceptions along the Miami River, that hundred foot buffer runs almost to the land and it runs, in many cases, into the land. So what's been developed in the river is largely grandfathered in, can be repaired, can be improved in the sense that it doesn't add to the fixed structures within the river. So in terms of real expansion of activity in the river, it's somewhat limited by that as well. And finally, the other major issue is -- and this primarily relates to recreation marine -- the manatee protection issue. For all intents and purposes, because of -- it's a state mandate, but DERM (Department of Environmental Resources Management) locally, the County Department of Environmental Protection, manages it. There is a manatee protection issue, and it's been very much focused in the river as having a number of manatees, and has caused or stopped, for the most part, any development of future recreation marine activities. And I'll talk in a minute why that one, in particular, is quite restrictive as it relates to the river, and why it's been -- certainly been holding up some market activity in the river and how that might get addressed in the future. But going back to cargo. Cargo operations, very briefly, in the river are occurring. But for the -- and there's a projection, for a 50-year projection, which the USArmy Corps of Engineers did that shows that cargo traffic through the river is going to about double over the next 50 years. From its current rate, it'll go up by a multiple of two. However, currently, and from our analysis in the future, it is likely that almost all of that cargo traffic is going to occur west of 27th Avenue, within Miami -Dade County. The unloading and loading of cargo today largely occurs west of 27th Avenue. In fact, there's less than seven acres within the City, in terms of major terminals, within the City's portion of the river in major terminals that is devoted to cargo operations, and one of those is the Fifth Street terminal, which actually isn't even on the SD-4 parcel. The largest of them is the river terminal services, just east of 22ndAvenue. So it's a quite limited group of operations currently within the City. Most of that's in the County. And our analysis pretty clearly shows that almost all of the growth in cargo operations can be accommodated, even over the next 50 years, under -- except for a very odd event, could be accommodated within the County portion of the river, based upon the USArmy Corps of Engineers projections. As it relates to recreation marine activity, recreation marine activity and recreation boating, it is a -- it is an area of substantial growth in the County, in terms of the number of boats which have been permitted or rather are registered within the County among boaters. It's a growing market. There's been a movement to larger boats which must be in water, as opposed to boats that can be trailered and back and forth on a trailer and dropped in on a pier. And so this is an area where there's real growth. And in fact, there's quite a number of recreation marinas in -- within the City ofMiami. Currently, there's 25 permitted recreation facilities on the Miami River within the City ofMiami that service that recreation market. There's 585 wet slips, and of that, there's just under 200, 187 dry slips within the City ofMiami. It's a vibrant market, and for the most part, within the City ofMiami, many of these marinas are public access marinas. One issue that has come up over the past several years, and this is throughout the entire county, is that, in fact, there's been a movement from public access marinas, marinas that were widely accessible to the public and people who lived off the water, to redeveloping those parcels for primarily residential development, and those being restricted parcels that are only -- or restricted slips that are only primarily available to those folks who live in those units. So it has been an issue over the next -- over the last several years, and it's an area of concern, in terms of losing that working waterfront City ofMiami Page 43 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 on the river. And when I get to the end of this, I'll talk about some recommendations we've made to ensure that there's continuation of working waterfront and recreation marine activity within the river. We also looked at commercial fishing. We looked at boat building and other uses, as well as recreation or marine support facilities. As you know, there's Merrill -Stevens, as well as some other repair entities in the river. There are -- there is one boat builder in the form of Bertram in the County. Those are active uses, but that is not a growing market within South Florida. It's quite limited. Although, we do believe, given the fact that there is strong recreation marine demand, that there will be continued need for boat building and -- or rather, particularly, boat repair. I should separate those two 'cause it's a different operation, but boat repair within the river. We also looked at the -- what would happen in terms of if the land use was allowed to -- allowed for more multiuse, that it would allow working waterfront, but it would allow other uses as well. And in fact, the majority of activity that we believe on those parcels, which are currently designated for working waterfront use, those 40 or so acres, that the majority of opportunity for -- where there may be some interest in redevelopment, are primary on a fairly narrow span of the river. It's between Northwest 17th and the County line on 27th, and that's probably -- there's about three parcels, three or four parcels, where there is large-scale development opportunity in terms of other redevelopment, where they're either owned by one or just one to three owners, and there may be redevelopment of -- opportunity of those parcels. Our belief it's most likely in the future, although, currently, obviously, the market is very slow on the residential side, but over the long-term, which this was really meant to address, it's likely that those are going to be redeveloped for residential, if they are redeveloped. But the advantage, of course, is is residential development can coexist quite nicely with recreation marine, and so there is an opportunity to be able to support both uses concurrently, and again, we've made some recommendations in terms of how to do that. So to just drive down to our recommendations for the City of how to -- again, just to summarize, our primary belief is that there is a support in terms of all the activity on the Miami portion. The City of Miami's portion of the Miami River is primarily related to recreation marine activity of the working waterfront uses. There is -- there are small pieces east of Northeast 12th that relate to support activities and other related activities, but for the most part, it's recreation marine are the major users on those parcels. Again, the cargo operations almost entirely take place, and our expectation will entirely take place within the county. So it's a very much focused issue on terms of maintaining recreation marine. And so we've made some recommendations to the City of how the City might support recreation marine in the future. Number one, that the City should adopt - - and this is -- I should note, this is all within your own control. This is not necessary [sic] for the DCA. This goes beyond what you need for submission. This is absolutely land development regulations that this Commission controls. So these recommendations can be incorporated at any time within your own -- at your own discretion. Number one is that you should adopt a no net loss policy in terms of slips. If there is a development on a site, that there shouldn't be a loss of the number of slips available to boaters. Number two, that the City should institute a marina public access requirement or bonus system for when there is -- when slips are redeveloped on a parcel of land, which is going to be redeveloped for some other use. So in this way, the public would -- the owner of the land would continue to market those slips to the broader public so that what's happening now is you have these public access marinas that have very high occupancy rates. You have private marinas that are just for residential use that have much lower occupancy rates is -- we've seen that in the past, throughout the County. And so this would provide strong encouragement or a requirement that those continue to be marketed for public use and that parking be provided for such as well. We also believe it's vital -- you've done this in the past, but to incorporate it as a policy that there be included a working waterfront acknowledgement and a rider when parcels are redeveloped so that there're -- so that those parcels -- so that people that buy are -- that there's a requirement that they're told and sign off that they've been told that this is a working waterfront, that the Miami River has working waterfront activities, so that they can't come back later and say we didn't know that. There is this issue of dry slips, the 180 or so dry slips on the river. Those are likely to be lost. There are ways of -- we believe it's worthwhile, working with DERM and other entities, to make sure that if they're lost on certain parcels, that 184 dry slips, that we find another place within the City to be City ofMiami Page 44 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 able to accommodate those dry slips. It could be in existing marinas, is what's DERM's typical -- at least with the County, they seem to have a preference for, so it'd be expanding Dinner Key or some other marina or within Virginia Key, but there would be no net gain of slips in this case, but just making sure that you're accommodating them elsewhere in the City if they are lost. That's the 184 of the total 600 or 700 some -odd slips. There is this manatee protection plan in place. It is now under review. It needs to be resubmitted to the State, I believe, in reasonably short order. The County has appointed a advisory or review committee of that manatee protection plan. The City has no seats on that review committee. The City is obviously an important -- owns an important piece of the river, where those recreation marine activity occurs, and we believe it would be wise, on behalf of the Commission, as well as the Mayor, to make a recommend -- to request at least two seats on that committee to advocate for the future use of the river for recreation marine activities. It's an important aspect and there are people on the committee that have certainly been advocating for that in the past, and it's of real value within the overall confines of allowing people's public access to the waterfront. And finally, west of 17th on those parcels that I talked about and east of 27th, there are a number of parcels, larger parcels, where there are some repair activities that are ongoing. There's -- based upon some analysis that FIU (Florida International University) did, there is three to four small businesses or medium-sized businesses that are actively working on the parcels currently. And we recommend, either through economic development or some other use, if they are displaced or that there's some movement, that they -- that there's some assistance to be able to help them to move to the east of Northwest 12th Avenue, where there is less opportunity for development, given that the parcel sizes are so small. And our expectation is -- and your Planning Department ran some analysis of this. There's less room and less opportunity for redevelopment east of Northeast 12th Avenue. We've also done some further analysis, and you have this as a (UNINTELLIGIBLE) finding supplement, in terms of some very detailed data on all shipments in the river between 2002 and 2007. This supplement's been submitted to the Department. We did not have it at the -- this was -- we provided this on Monday because the data was not available until Friday. And this analysis largely supports the finding, in fact, very much supports the findings that I've just outlined as it relates to cargo activity. And what it really showed is at least 70 percent of all the shipments throughout the river, and the vast majority, indeed even today, are going through terminals on the County or river terminal services. Lastly, Commissioner Spence -Jones, I want to address something that you asked yesterday, if you don't mind, if I'm not talking out of school. You asked were we in touch with the community and interested parties, particularly as it relates to this element and our work. And in fact, there's two pieces of our report. The first element is obviously, widely, it's an analysis of widely disseminated data that's widely available and it's just analyzing that data that's out there within the public realm. And so it was within a short time period. The second piece of this report, which is recommendations, which, again, are in your control, they're not going up to DCA and otherwise. In fact, I'll be -- we were -- I was a little bit chagrined yesterday in terms of that we had not spoken more broadly with the community about those recommendations. Again, it's not for DCA's submission, but certainly, it's something that's going to have -- that we believe, if you're committed to recreation marine activity on the river, should get incorporated in the City's land use regulations. And therefore, you know, we'll certainly commit to you that we'll, now that this has -- that this report's in progress, that those recommendations are on the table, that we will -- we need to work with those folks that are interested parties in this to make sure -- and to work with the Planning Department to make sure that those regulations actually get incorporated. All the analysis that we've done over the past several of years, not for this, but otherwise say that there is this loss of access to public access marinas for people that live off water but own boats. It's become much more expensive for the average boater and it's an important part of the community. And you know, we're part of this community and committed to continuing to work on that and, to the extent that it's helpful, participate in any discussions whatsoever to that end as well. Thank you. Chair Sanchez: Thank you. You want to continue with your presentation or questions that the - -? Okay. Are you done? If not, I want to open it up to the public. City ofMiami Page 45 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Gelabert-Sanchez: Yes. I'm done, unless you have any additional things you might want -- Chair Sanchez: Does anybody have any questions on the objections [sic] or the elements? All right. Commissioner Gonzalez: I just want to ask one question. I know that we -- you know, the presentation, there has been talk in reference to preserving the boating industry, the sport boats, okay. Is there anything in this response, is there anything in this plan that we're sending back that prohibit or disable any shipping company from getting established in the Miami River in the City portion? Ms. Gelabert-Sanchez: No, it does not. Commissioner Gonzalez: So the river will be opened to the industry. If tomorrow there is a company that want to come in and establish a new business in the river, they will be able to do it, they will have all the permits, and they will have all the support from the City to attract those type of industries? Ms. Gelabert-Sanchez: Yes, it will. And on the -- as Mr. Lambert went through, we have adopted the policies that came as recommendation, and also, most of them, we're also including them on the Miami 21, which is the land development regulation. Commissioner Gonzalez: All right. That was my question. Chair Sanchez: I just have a question. Ms. Gelabert-Sanchez: I'm sorry? Chair Sanchez: I just have a question. Ms. Gelabert-Sanchez: Yeah, sorry. Chair Sanchez: With the objections and the things that we have not been able to agree with, both parties, where would you say we're at on a percentage rate? Ms. Gelabert-Sanchez: We have -- with the comments -- you mean, the comment -- where were we? DCA found -- and I would like to say 95 percent of the document that you approved in -- on May, 95 percent. The ones I just read, like I said, a lot of them were technical about maps that we needed to submit, the CIP budget that was updated, housing information that they have it, but they wanted to make sure they had the information and the CD (Community Development) Department also helped. The one that was -- where we were asked data and analysis was the river, which is what we -- the presentation you just heard. So even the comments that they said, it was only 7 of the 14 elements, and there were some goals and objectives. And like I said, they ranged from things that they -- we just needed to add it, as simple as, you know, if WASA sent change to 150 instead of 200 gallons per person, we needed to put that; maps that we had that we needed to include, land use designations that we had. They wanted to make sure that even though we had not applied them to the map, that we needed to say it. So it was a lot of clarification, and the data analysis, we submitted. So we feel that it was 95, and of those comments, it was -- they were not that major. Chair Sanchez: Do you feel there's adequate language to support marine, whether it be boat repair, engine repair, businesses associated, whether it's restaurants, whether it's, you know -- do you think that we are more today, than we were six months ago, more supportive to the river and the marine industry? City ofMiami Page 46 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Gelabert-Sanchez: I think the City Commission's policy has always been to support the river. What we have done is to add those policies and clearly state and that was our response to DCA that, in fact -- and I go back to the recommendations that we received about the expediting permitting, the idea of the no net wet slips, all those things that know it has been the intention of the Commission. What we did after six months is be able to put it clearly, black and white, as policies into the comp plan. Chair Sanchez: But a lot of these hurdles falls on the hands of DER114, and that's a problem. Ms. Gelabert-Sanchez: That is a problem. Chair Sanchez: The hardest challenge we've had here is to how does this City balance a historical river that's a working river and a livable river. That's the hardest challenge we've had. All right. Let's go ahead and open it up to the public. Yes. We do have one, two, three, four speakers that have signed up to speak. Name. Brenda Kuhns Neuman: Good evening, Commissioners. I've not been sworn in. Chair Sanchez: All right. Let's go ahead and -- Did you fill one of these out? Ms. Kuhns Neuman: I did. Chair Sanchez: Name? Ms. Kuhns Neuman: Brenda Kuhns Neuman. 119 Northeast 43rd Street. Chair Sanchez: I don't have that one. You sure you filled one out? Ms. Kuhns Neuman: Yeah. One of the clerks came around and got me when I was in the lobby. Chair Sanchez: All right. Could I have -- so I could call the speakers up and make sure that they have three minutes? Now if somebody wants to donate their time -- 'cause -- they could donate their three minutes, but that's the only way we're going to do this, okay? So do we have - - has the young lady signed up to speak? Okay, but you have not -- you've been sworn in? Ms. Kuhns Neuman: I have not been sworn in. Ms. Bru: Mr. Chairman, this is a legislative hearing. This is a public hearing, but it's a legislative hearing. She doesn't have to be sworn in. No one has to be sworn in. Chair Sanchez: All right. I thought it was -- Ms. Kuhns Neuman: All right. Chair Sanchez: -- (INAUDIBLE) PZ (Planning & Zoning). Okay, go ahead. Ms. Kuhns Neuman: Well, I swear to tell the fruth anyway. Commissioners, it's very nice to see you this evening. I'm not here to ask you to make any revisions to the comp plan. Rather, I'm here to ask you just to make some minor changes to the comp plan that were things that you approved during the May 13 hearing. There were a number of provisions that were added to the comp plan and revised based on MNU's (Miami Neighborhoods United's) recommendations. They were read into the record. They were submitted into the record in writing, but when they made it into the final version, there are some errors. And so what have done is I have copied from that 1, 500 page document, which is the most recent revision of the comp plan, I've copied City ofMiami Page 47 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 what is presently there regarding notice, and I have put in underlined text what was omitted, and I have put in strike -through what was added that wasn't originally there. An example of what -- and I have a copy for each Commissioner and the Clerk and one for the City Attorney. For example, in Goal L U-1, there was some language that was added for the number seven, and it should read protects the integrity and quality of the City's existing neighborhoods by ensuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. What was -- what made it into the final version was just zoning. That's a big -- it's a small omission, but it has a big impact. Also, in Policy LU-1.5.3, you'll also see the word "other" was omitted; notice of application for special permits or other such administrative land use or zoning permits. It continues on. Provided for in the future zoning and land use regulations, so this time land use was included, but zoning wasn't. If you look in your packet, page 3, that I just gave you, this I printed out from the City's website, from the record, from the May 13 -- for this item. This was submitted on May 8. These were the Miami Neighborhoods United recommendations that were read into the record. So all I ask -- it's not a change. It's just to clarify for the record that this is what was adopted by the Board. Chair Sanchez: All right. Ms. Kuhns Neuman: Thank you. Chair Sanchez: Thank you, Brenda. Vice Chair Spence -Jones: Thank you, Brenda. Commissioner Gonzalez: Thank you for your comments. Chair Sanchez: All right. Next speaker. Commissioner Regalado: Mr. Chairman. Madam City Attorney -- Chair Sanchez: Hold on, hold on. Whoa, whoa, whoa. Commissioner Regalado. Commissioner Regalado: Thank you. Just briefly. I remember that this notice, in detail, was approved by this Board because I remember that Commissioner Sarnoff myself Chairman Sanchez, and all of us, we voted on this notice in detail, the one from the May 15. But it's not on today's text. So if this is a major change, would you call, if we were to correct what was omitted that was approved on the first reading? Because if it was taken as approved from the first reading, then we would have to start the whole process according to your -- if it was taken by the Administration, it is a major change because it's about notice, and then we would have to start the whole process. Ms. Bru: Commissioner, I've had a few minutes to review this. I was just handed this. But based on reviewing what Ms. Kuhn [sic] has so kindly underlined and highlighted and bolded, it doesn't appear to me to be a substantial change. We can verify whether or not what she is presenting is in fact a more accurate rendition of what occurred here back in May and we can make those corrections, and it would not constitute a substantial modification to the document. Commissioner Regalado: But who is we? Ms. Bru: We will ask the Hearing Boards and the Planning Department to check the transcripts of what was discussed and -- Commissioner Regalado: But after we vote today? Ms. Bru: Yes. We can do that. City ofMiami Page 48 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Commissioner Regalado: And how do we know? Ms. Bru: Well, what you voted on in May, and was -- and is part of the record now is what was voted on. If there was some additional language that should have been included that was inadvertently omitted -- Commissioner Regalado: No, no, no, no, no, no. What we voted was this language. What was taken out was what we voted on May 15. It was taken out on the notice. Ms. Bru: Right. Again, as I recall, the May hearing was a little bit, to say the least, animated, and there were a lot of documents and statements made and we did, in fact, come up with an amendment -- an amended Comprehensive Plan that included lots of input from the public that was taken at that time. I know that we did everything very expediently, and perhaps the -- whatever was recorded as having been -- what was adopted wasn't entirely correct or accurate. That doesn't make it a substantial modification. This, to me, what I'm reading here that has been highlighted and underlined, if in fact is correct, would be clarifying language that we could do in short notice before the document goes out. Ms. Kuhns Neuman: May I ask a question of the City Attorney? If, in fact, the -- you look back at the record and you see, well, maybe the Commissioner, when he read it in, inadvertently omitted a word, is it possible for the Board to make a motion tonight to agree with this language, in the event that when reviewing the record you see, you know, something was inadvertently omitted, without that being a substantial change? Ms. Bru: I think, quite frankly, that it would be up to the Planning Department to determine whether or not any of this would be something that they would consider to not be what they believe had been adopted by the Commission. I don't think that it's appropriate to try to do this, you know, on the fly. Ms. Kuhns Neuman: But let's say the Commissioners, looking at this, realize this is no big deal, even if it wasn't read into the record, maybe -- Ms. Bru: No. Ms. Kuhns Neuman: -- one word was left out, we approve it as is. Ms. Bru: IfI may, we're here on a public hearing with what's before the Commission at this time. If this, in fact, is just clarifying language, we can clarify it. Other than that -- Commissioner Gonzalez: And I -- Ms. Bru: -- I don't see any need now to get into a, you know, revisiting something -- Commissioner Gonzalez: Mr. Chairman. Ms. Bru: -- that has already been voted on. Chair Sanchez: Hold up. Brenda, thank you so much. We'll answer your question. Commissioner Gonzalez. Commissioner Gonzalez: And that's what I was going to say, that I'm willing to support -- that if there has been an omission, and you know, we need to correct the record and that's very simple, as you mentioned. You know, it's a matter of looking at the old record, the new document, and then correct it and that's it. So, yeah -- City ofMiami Page 49 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: All right. Commissioner Gonzalez: -- we'll support the -- having the correction made if, in fact, there was a mistake or an omission. Chair Sanchez: Okay. Thank you. I'm sorry. Vice Chair Spence Jones, and then we'll continue with the public hearing. Do you have a question for Brenda? Vice Chair Spence -Jones: Yeah. The only thing that I -- only statement that I want to make -- and my Manager and Ana -- Mr. Manager wasn't in the meeting yesterday afternoon late, but this is exactly what I was talking about. When we make decisions hastily and like we have no choice but, you know -- because by next week is November 17 -- we're forced to make decisions because we don't want to have penalties. But this is a discussion that I was having in the office. I remember how active MNU was at that particular hearing. And I asked the question, are we sure that we included their issues in the document from the hearing, and it was communicated to me, Commissioner, it was included, not a problem. The problem was is when DCA responded back to those comments, we then responded back to them with these. I said okay, fine. Then my question became, well, from the time that you got the responses back from DCA, did you at least go back to those organizations that were vocal, like MNU, like the Miami River Commission, the key people that came out that had issues on these three items, to at least pass it by them because some -- you have a lot going on. You got Miami 20 -- you have a lot of issues that you're dealing with. So nobody's going to be perfect, you know, but the citizens, they take out their time in their busy schedule to come down here to voice their opinions, their concerns, not just for their neighborhoods but for the City. We should at least take the time and make sure that they have the information early enough to at least provide you with comments. And this is -- now did I not mention this yesterday? Ms. Gelabert-Sanchez: You did. I just -- ifI may, just to clarify, because in the ORC, which is what you asked me, the ORC -- the DCA did not have any issues with the notice objection. What was transmitted has been up and that has been public record. What I would -- what I said to you when I went up there is that what I will do -- we get the ordinance from the Office of Hearing Boards. They look at the tape. They listen to what you voted on. They then submit it to the Planning Department, and that's what's done. What we just talked about is for the Office of Hearing Boards to look at what Brenda submitted, go through the records and find out if, in fact, that was said or not. Vice Chair Spence -Jones: Right. Ms. Gelabert-Sanchez: And then -- because we have to -- they have to go -- because I think we had the discussion after the hearing with something. They have to go with what you said. It's not memory and it's not that I write it. I get it fi^om -- it's an official record from the Office of Hearing Boards -- them listening to the tape as you voted. Vice Chair Spence -Jones: Right. Ms. Gelabert-Sanchez: But what I will do is we'll look through it. Vice Chair Spence -Jones: And Ana -- because I want to make -- give the other speakers the opportunity to speak. Ms. Gelabert-Sanchez: Sure. Vice Chair Spence -Jones: So I don't want to, you know, take a lot of time, but my point is -- it's like when we don't give the public enough time --I mean, we didn't get the document until yesterday. Now let me clear that up. We didn't get the highlighted document until yesterday. City ofMiami Page 50 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 We got the big document, but with all the issues that came up in the hearing, we didn't get that until --I know I, personally, didn't get it until yesterday. So all I'm saying to you is we got to figure out a way to address this a lot earlier so that we don't have -- it's 7 o'clock at night and we [sic] trying to address something that does not appear to be a -- let's say some of those words are missing in it and they're only minor, little words. You know, if it's not on -- I'm just putting it out there -- Teresita's -- on the hearing that we had, I mean, do you -- can you at least -- you don't have to answer it right now, but as we listen to the rest of these people, can you at least look at what they're submitting to make sure that there's no issue or no concerns with that -- with these things? Ms. Gelabert-Sanchez: What I just said, it was -- I think Teresita is contacting her staff in order to review the changes that Brenda submitted to see, in fact, listening to the record, if that's what the action you took that day. That's what's going to happen. And if, in fact, it was there, then it can be fixed. It can be taken care of. I just want to clarify the issue of notice. It's not a late one. That was not part of the ORC. That was done back in May, so it has been -- that public record has been there since May, but we'll take care of it. If you voted on it and there was an omission, it will be put back in. If you did not vote on it, I cannot put it back in because, obviously, you haven't taken that action. Vice Chair Spence -Jones: Okay. And -- but -- if it is not a substantial change -- Ms. Gelabert-Sanchez: Well, it doesn't -- Vice Chair Spence -Jones: -- right? Because you -- Ms. Gelabert-Sanchez: I justgot it. It doesn't appear to be substantial, but it goes back to did you vote on it. If you voted on it -- if, in fact, the things that Brenda submitted, it was really the - - it was in the record and you, as a Commission, voted on it and it was an omission on the City's part, then we'll -- obviously, we'll put it back in. Vice Chair Spence -Jones: Yeah, but -- Ms. Gelabert-Sanchez: But if it's not -- I'm not sure. Unless I get the direction from this Commission -- Vice Chair Spence -Jones: I mean, we should be able to --I mean, if we're listening to it for the second time, we should have the opportunity to say, okay, this is an adjustment that we think we should make. If you guys are telling us it's not a problem, we should be able to do this as a second reading. Ms. Gelabert-Sanchez: Right. Exact -- Vice Chair Spence -Jones: Okay, so I just want to make sure -- Ms. Gelabert-Sanchez: Right. If you want to vote on it -- Vice Chair Spence -Jones: -- it's not like Teresita goes -- Ms. Gelabert-Sanchez: -- yeah, exactly. If you want to vote on it --9 Vice Chair Spence -Jones: Right. I just want to make sure that the people are considered in this process -- Ms. Gelabert-Sanchez: Of course. City ofMiami Page 51 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: -- and that's really all I'm asking. Madam City Attorney, ifyou can, or if somebody can at least, Ana, from your team, look at this while we're listening to all the rest of the people and at least let us know. I mean, we want to show all of our residents that we're at least trying to adhere to what their concerns are. Ms. Gelabert-Sanchez: We'll take a look at it. Vice Chair Spence -Jones: I mean, ifI had the opportunity to sit in at a briefing yesterday and go through all of these things with you guys and make some adjustments 'cause I felt that they -- it didn't accommodate whatever area, you allowed me the opportunity to do that, as long as I brought it in front of the City Commission. Ms. Gelabert-Sanchez: We'll take a look at it. Vice Chair Spence -Jones: Right. That's all I'm asking. Chair Sanchez: All right. Ms. Kuhns Neuman: And I would ask the Board -- Chair Sanchez: Whoa, whoa, whoa. Brenda -- Ms. Kuhns Neuman: -- to vote to approve the changes I've made if, indeed, they're not on the tape. Chair Sanchez: I don't think that's going to happen today, Brenda, based on the Commission right now. Vice Chair Spence -Jones: If it's not a substantial change. Ms. Kuhns Neuman: No. What -- I think what that the Planning director is saying is that -- let's say the word "land use" was omitted when the Commissioner read MNU's recommendation into the record. They can't go back and add it then. Chair Sanchez: Well -- Ms. Kuhns Neuman: But my position is that it was intended to be read in since he read in the recommendation from MNU, in which case I would ask that you take -- make a motion, vote today to approve the amendments that I've made to this in the event that in review of the tape something that is underlined was omitted. Vice Chair Spence -Jones: Okay. And all I'm asking -- Ms. Bru: Mr. Chairman, Madam Commissioner, and Commissioner Regalado, I think we're wasting more time arguing about this than, you know, resolving the problem. In reading this, again, on the fly, these are not substantial. I believe that they are -- they comport with the intent of what happened here. So I think that -- yes, I think that she's right. Perhaps, someone from Planning should read and see if they agree with me or not that they comport with the intent of what was intended to have been, you know, happened here at the last Commission meeting, and then you can just approve it, and this would become then clarifying language. It's by way of clarifying language, and we revise the document. It's just a few things to read. And just from reading it on the fly, again, I think it comports with the intent, and we can remedy it by just approving it today as part of what we're approving here today. Chair Sanchez: All right. So we could address the issue now. City ofMiami Page 52 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: That's what they're going to do. Chair Sanchez: And -- Commissioner Regalado: I will make a motion to approve if --- Chair Sanchez: When the time -- Commissioner Regalado: -- the Chair allows. Vice Chair Spence -Jones: Second. Chair Sanchez: -- is right -- what -- let's wait until the end, and then at the end, we can make the amendments that we're going to make. Let's just get through this process. You will have an opportunity to make that amendment. Thank you, Brenda. Ms. Kuhns Neuman: Thank you. Chair Sanchez: Appreciate it. Ms. Kuhns Neuman: And I ask that you, due to my absence -- I've had my baby here and I got to Chair Sanchez: It's okay. Ms. Kuhns Neuman: -- take her home. Chair Sanchez: Go take care of your baby. Ms. Kuhns Neuman: Thank you. Chair Sanchez: All right. Listen, we have the interpreter here. If we do not need an interpreter, let's allow her the same opportunity to go home to her family. So does anybody -- is anyone going to need an interpreter? If not, have a good one. Thank you so much. Thank you. Barbara. Barbara Bisno: If the resolution that was just discussed -- my name is Barbara Bisno. I live at 1000 Venetian Way. If the resolution of this issue that was just discussed is what the Commission intends to do at the end of this meeting, then I can waive my time to whomever needs it. Chair Sanchez: Thank you. I think Brigman [sic] is going to need the time. Thank you. Ms. Bisno: Okay, thank you. Chair Sanchez: Okay. Ms. Bisno: I give it to -- Chair Sanchez: Brigman [sic], you have right now three minutes -- you have five minutes and -- let's give him six minutes. Andrew Dickman: Appreciate that. City ofMiami Page 53 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: I can't take three seconds away from him. Mr. Dickman: Appreciate that. Andrew Dickman. Hi. How are you all? Chair Sanchez: Six minutes. Mr. Dickman: I'm an attorney. I represent the Miami River Marine Group. The statute says that you have to make written comments between the transmittal hearing up until the adoption hearing, so I do have some comments and some documents that I need to put into the record. Thank you. You're going to receive four documents that -- Ms. Burns: Excuse me. Mr. Dickman: -- I have prepared. Ms. Burns: Madam City Attorney, I need to ensure that we can accept these into the record. Chair Sanchez: All right, hold on. Hold on, Andrew. Mr. Dickman: Thank you. Chair Sanchez: We got to make sure. Mr. Dickman: Is my clock running? Chair Sanchez: No. You still got six minutes. Nobody is taking any time from you, or I'll be getting another threatful [sic] letter from you. Mr. Dickman: Not tonight. Chair Sanchez: I don't take threats too lightly, my friend. Mr. Dickman: Well, that's a different subject for a different time. Chair Sanchez: All right. Okay, counsel, the floor is yours. Ms. Burns: And I would like to ask Madam City Attorney if these documents can be accepted into the public record for this item? Ms. Bru: They've been provided to you; you put them in the public records. Ms. Burns: Thank you. Ms. Bru: But whatever it's worth, obviously taking into consideration they're being provided today. Ms. Burns: Thank you. Chair Sanchez: Okay. Mr. Dickman: The four documents -- just for the record, what I'm putting in here, one is a letter from myself to the City Commission, dated November 13. It's about a 14-page letter. It's not actually for your reading tonight, but it is for the record. You will have a copy of the PAB version of the Port ofMiami River sub -element. You will have a series of communications, one's an e-mail between myself and the City, regarding public records requests, and then the last one City ofMiami Page 54 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 is a map, a color map, which has some markings on it. First thing I want to do is I want to address a couple of procedural issues that came up today before the hearing or at the hearing regarding what you can and can't do today. Number one -- and in fact -- I went and talked I called DCA today just to clarify some of these things. What you're doing today is you are adopting a Comprehensive Plan. You are not restricted to simply what you fransmitted to DCA. What happened -- it -- by the statutes is that you fransmitted a series of Comprehensive Plan proposed amendments to DCA. They ORC'd you. The "0" of that ORC is what you have to pay attention to, which are the objections. Between the time that you transmit and adopt, you look at those objections and you fry to address the objections because the objections are the ones that DCA is seriously going to look at when they look at your amendment -- Chair Sanchez: But may I interrupt you for -- Mr. Dickman: Sure. Chair Sanchez: -- for a minute? Is it just the objections or is it the entire --? Mr. Dickman: Well, the objections you have to address -- Chair Sanchez: Right. Mr. Dickman: -- but you're not restricted to simply what you submitted at the transmittal. You can actually put new language -- whatever you -- this is the adoption hearing. You are not restricted to nonsubstantial or substantial amendments. You can -- this is where you adopt your Comprehensive Plan. As long as you feel that this is addressing the objections that were raised, okay, and that what you are passing tonight is consistent with the growth management act, this body is the body anointed to adopt your Comprehensive Plan. That's a fact. You're not restricted, as staff has said, that you only have to work off the language that was submitted and deal with the objections. That doesn't make any sense whatsoever. This is the hearing that really matters, to be honest with you. The other issue that I want to bring up to you is the issue of continuance, okay. The only risk that you run is that -- the same risk that you have right now: You cannot adopt land use amendments right now. Until you have your EAR -based amendments adopted, you can't address -- you can't adopt any other amendments. The folks from DCA aren't going to come down here and give everyone spankings and take your money and fine you. All they're going to do is say that you can't adopt any more amendments. If you wanted to take more time, you wanted to wait for a full Commission, you can do that. I would submit to you that you can't wait for another year or get two more or six-month extensions, but yeah, certainly you can if you choose to wait another week or two to have this hearing and discuss this a little bit more, you can with the other Commissioner. So I take exception to the comment that you are forbidden from continuing this. And I move on to that because -- it's interesting to finally meet or see Mr. Lambert, whom nobody has met. Obviously, you have. (UNINTELLIGIBLE), we never knew that either, so everyone else has met him, but none of us have. And the reason I'm putting my public records request into the public is because I'm going to make another public records request for all of the documents that pertain to any communications with and from and to this organization. We've never seen any of this data or analysis. The only thing that I did receive was a few weeks ago, which was some data from the Metropolitan Center. There was nothing from Mr. Lambert, and we know nothing about this. This is so unfair to have this data and analysis brought forward. And he even said it himself. It was brought up five days ago. It's just fundamentally unfair. The -- Fran Bohnsack's our expert, who's the director of the Miami River Marine Group. She's going to come up and address some of the issues in that particular report. But one thing I do want to point out to you, which is crucial -- and this has to do with the map that you'll see here in front of you, the color map. One of the things that Mr. Lambert or Dr. Lambert -- I'm not even sure. He didn't even put his credentials in the record. We don't have his resume. One of the things that he concluded was that the lands on the river, 40 acres of industrial -zoned land, amounts to about 15 percent of the lands. In fact, the acreage is greater City ofMiami Page 55 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 because what they are not including are the developments that were under appeal and have been reversed by the Third District Court ofAppeal, Hurricane Cove, Coastal, and Brisas. That's 23 acres of industrial land that has been reversed and has not been deemed restricted commercial. If you add those in there, 23 acres, you've got one -quarter of the river, not 15 percent. These are gross errors, and you can see them on this map. He's showing you this map, and this is really the conclusion of the map, that these large parcels are ripe for development. And three of the parcels that he's identifying are those three developments, and he's saying that, collectively, those acres are 11.44 acres. In fact, they are 23 acres. Now this is the kind of peer review and scientific review that should have occurred. There are numerous other errors in this report, and I'll submit to you that it should not be given to the Department of Community Affairs as valid data and analysis. It is not -- it has not been peer reviewed. It has not been reviewed, and this is one clear example of -- I want to give him the benefit of the doubt and just say it was an error, but tend to think that it was a disingenuous error intended to support a particular conclusion. Going on to the objections, the "0" in the ORC, you had seven objections. And of those seven objections, they had to do with one particular provision in the statute that had to do with you're required to preserve your working waterfront. That amendment has been made in 2006 to the statute that says that the growth management act and all your comprehensive plans have to have provisions to protect the working waterfront. It was noted earlier that an amendment has been passed to the Constitution of Florida establishing again a clear mandate by 70 percent to protect working waterfronts. What your Comprehensive Plan that staff is putting forward to you does is that it emphasizes residential development at the risk of working waterfronts. The issue was brought up by DCA in their ORC, and I'm looking specifically at the language that they're putting in here, and it says, among other things, "and provide for residential and mixed -use developments." IfI could -- Chair Sanchez: Six minutes are up. Who wants to give him time? Nina West: I'll give him mine. Chair Sanchez: All right. You have three -- Mr. Dickman: Thank you very much. Chair Sanchez: -- more minutes. Nina West. Mr. Dickman: Thank you very much. Chair Sanchez: Thank you, Nina. Mr. Dickman: These types of things are crucial not only protecting the working waterfronts, but also what your -- what the plan that is being put forward by staff all of it relies on the phrase "land development regulations." Well, the law says that you can't rely specifically on land development regulations and say things like the City shall adopt land development regulations to protect working waterfronts. The reason is that it -- that preservation of working waterfronts would therefore be reliant on the whims and fancies of local governments to develop zoning. It has to be articulated in your plan, and the current language that's being put out there does not meet that. There were a number of things in what staff is presenting to you that I'm almost willing to bet my house that these aren't going to fly. These are not going to pass mustard, even with the data that just mentioned is put up there. What I'm going to ask you to do is adopt what the Planning Advisory Board put forward. And this was a document -- and you have it in front of you. It's a two page document with the goals, objectives and policies that the Planning Advisory Board went through numerous hearings with. This is a document that the Miami River Commission approved, it's a document that we approved after -- it doesn't have everything in it that we wanted either. And in fact, I'll tell you that it has a phrase "and allow for residential development." It says that in there, and that was something that was debated back and forth and City ofMiami Page 56 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 it was finally in here. This is a document that went through a lot of public scrutiny, and it is the document that's going to get approved by DCA if you submit it. So what I'm going to ask you to do is reject what staff is asking you to approve because it's going to lead you down a very expensive road because what's going to happen is that DCA is going to give you a notice of intent of noncompliance for the same reasons that they gave you the noncompliance in the ORC, and it's going to automatically be submitted to the administrative law judge for a trial, and it's going to cost you a lot of money. And for what? Just so you can have an emphasis on developing these properties? And if it's an issue of code compliance, for goodness sakes, get together with everybody and let's talk about code compliance. You don't have to rip out the Port ofMiami River sub -element to do code compliance. We're in favor of marinas. But all of the conclusions that the industry and fisheries are not viable in the City ofMiami, it just flat aren't true whatsoever. So I'm going to ask you -- and this one's marked up, but you have it in front of you -- adopt this. You can do that. You have the authority to do that. This is the adoption hearing. You don't necessarily have to rely and move forward on what was transmitted to DCA. This particular PAB-approved, Miami River Commission -approved document will go through the Department of Community Affairs and will be approved for one reason only, if nothing else, is that it protects working waterfronts, and that's what the law says that you have to do. Chair Sanchez: Horacio's giving you three more minutes. All right. Mr. Dickman: Quite frankly, I'm finished. Chair Sanchez: You're finished? Mr. Dickman: Yeah. Chair Sanchez: Oh, that's great. Horacio. Horacio Stuart Aguirre: I'll give it to Nina West. Chair Sanchez: What are we playing -- Commissioner Regalado: Can I ask --? Chair Sanchez: -- musical chairs here? Mr. Dickman: I'll answer any questions. Chair Sanchez: Hold on. Fran -- unless there's questions. Commissioner Regalado: Mr. Chair Sanchez: Yes. Commissioner Regalado: One question. Amendment 6 -- Mr. Dickman: Yep. Commissioner Regalado: -- which was supported by this Commission in a resolution, what impact will have in terms of the whole river? Mr. Dickman: Amendment 6 -- or the amendment is going to have a positive impact, but it's only one piece of the pie. If there's an emphasis on residential development on the river and I'm an owner of an industrial land, the only reason I'm going to really want to stay there is if the environment's positive for me. If someone's offering me $60 million for my land and then I can City ofMiami Page 57 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 also go to Port Everglades or some other place, you know, all things being equal, I'm going to go there. I may not take advantage of what the tax breaks offer, but if you add the tax breaks and other -- and a City Administration that says we want you, we want to develop you, we want to do other things like help with DERM and get that permitting problem solved, it's going to help quite a bit. But that's not going to solve the problem totally, but what it does do is it sets up a statewide policy framework that tells everyone, including DCA -- it's not going to be lost on them. When they get this amendment, they're going to say, you know, there's a clear mandate for working waterfronts, and it's been approved by our Constitution and our electorate across Florida. So it's going to be a good local additive, but it's also going to send a major policy directive to everyone at the State. Chair Sanchez: All right. Any further questions? If not, Fran -- Commissioner Gonzalez: No. I do have a comment. Chair Sanchez: Okay. Commissioner Gonzalez: And my comment is in reference exactly to what he said, okay. And that's what -- exactly what's been happening. I don't know if you're aware that where Miami -- what's the name of that project on 24th Avenue and --? Unidentified Speaker: River Run South. Commissioner Gonzalez: -- where River Run South was built used to be a marine industrial business. They went out of business, and they wanted to sell the land because nobody wanted to rent that property or open a business there related to marine, so they sold it and these people built condos, okay. Where Hurricane Cove is, it used to be marine, okay. The owner sold it because he didn't have any business. Where the next building is, the next -- Mr. Dickman: Hurricane Cove's open and working right now. Commissioner Gonzalez: -- business is on 22ndAvenue -- Chair Sanchez: Counsel. Commissioner Gonzalez: -- you're having exactly the same problem. Mr. Dickman: That's not true. Commissioner Gonzalez: Now you cannot -- in this country -- maybe you can do that in Cuba, now you can do it in Venezuela or Bolivia, you know, all of these countries. I don't know what's going to happen here in the future, but now, at this time, you cannot prevent people from selling their property and stop losing money on their properties. And other people, what they want to do is they want to do land banking at the expense of other people because there is a lot of business, according to them, a lot of business, but none of them go and buy these properties and open new businesses. I would like to know -- I don't know if it is on the records, but I would like to know when was the last time, when was the last date that a new business, shipping business, was opened in the Miami River in the City ofMiami limits? Unidentified Speaker: I think it was Antillean Marine. Commissioner Gonzalez: No, Antillean Marine has been there for a long, long time. And Mauricio Ferrer was the one that gave them the opportunity to go -- to intrude into a neighborhood and establish a shipping company, okay, that the neighbors can't sleep whenever they're ship -- they're doing the loading and unloading over there, okay. And the complaints that City ofMiami Page 58 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 I've been getting from that place are ridiculous, all right? So -- but that's exactly what's been going on. Chair Sanchez: Commissioner, do you have a question? Commissioner Gonzalez: No. That's -- Chair Sanchez: So that was just a statement. Commissioner Gonzalez: -- just a comment. Chair Sanchez: Your time has been up, counsel. Fran, you're recognized for the record. Fran Bohnsack: Thank you. My name is Fran Bohnsack. I'm the executive director of the Miami River Marine Group. I'm here tonight to respond to the Lambert report. I have done my own peer review, and I have copies for each of you with a cover letter. I'm just going to read the cover letter to you, but firstI'll distribute this. Thank you. Chair Sanchez: Yeah. Please give it to the City Clerk and she'll distribute it. Ms. Bohnsack: Thank you. I'd like to tell you a little bit about my 16 years of working with the Miami River and maritime issues. And the reason I want to do that is because I want you to understand that what I'm offering you here is a professional opinion. So for 16 years, I've served as the executive director of the Port Cooperative. I've served as the port director of the Port of Miami River, as designated by the United States Coast Guard, for information and coordination purposes. I'm the fiduciary agent for both the Port ofMiami and the Port ofMiami River for the Department of Homeland Security's Port Security Grant Program. I happen to be a commissioner on the state of Florida's Board of Pilot Commissioners. I'm the corporate secretary for the Port ofMiami's (UNINTELLIGIBLE) Crane Company. I have been selected as one of Florida's outstanding leaders in transportation by the Journal of Commerce, an exceptional leader for enhancing free frade by Miami World Trade Center, and a recipient of the 208 [sic] Award of Excellence, given by the Marine Industry's Association of South Florida. I do have professional expertise in this area. I have reviewed the most recent economic study of the Miami River commissioned by the City ofMiami and undertaken by Lambert Advisory. Although your Planning stuff released this report only a couple of days ago, specifically after 5 p.m. on November 10, the eve of a federal holiday, I put aside other work in order to comment on this report. I would also note that the complete comprehensive package released on November 10 is over 1,500 pages long, compared to less than 300 pages when we last saw it back in earlier months. Clearly, I have not been able to give the entire package the scrutiny it deserves, so I will confine my remarks to the Lambert report. In general, I would like to make the following observation about the report. It is evident that the report was commissioned to provide a justification for abandoning any protection for marine industry, specifically cargo and fisheries, on the river in favor of residential development. It is not independent of bias. It was clearly conducted in secrecy. It offers no peer review, and it did not involve the expertise offered by either the Miami River Commission or the Miami River Marine Group, the two nonprofit entities most associated with the Miami River. It also offers conclusions that are inconsistent with many previous economic reports on the Miami River's marine industry. These include reports offered by the Beacon Council, the Bermello Group, the Miami River Commission, the South Florida Water Management District, a Miami River market study commissioned by the City ofMiami and done by innovative development resources -- Chair Sanchez: Fran. Ms. Bohnsack: -- and by the FA U (Florida Atlantic University) Center for Urban and Environmental Solutions, published in April of this year. City ofMiami Page 59 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Unidentified Speaker: I'll donate my time. Ms. Bohnsack: Based -- Chair Sanchez: You have no time left. Ms. Bohnsack: -- on my professional opinion -- I'm almost done, two sentences. Chair Sanchez: No. It's okay. Nina, you want to give up your three minutes to Fran? Ms. Bohnsack: Give me one minute, Nina. Based on my professional opinion, the Lambert Advisory report does not reflect the true economic environment on the Miami River and deliberately undervalues the marine industry. I urge you to reject the report and modify its recommendations to offer protection for the river's current working waterfront. You find specificity -- Chair Sanchez: You've got time. You got three minutes. Go ahead. Ms. Bohnsack: And I included also the editorial from the Miami Herald this morning in support of the working river, and I would ask that you consider it sincerely. Thank you. Chair Sanchez: Thank you. All right: Ashley? You're going to read the Miami River Commission statement for the record. Nina, you have two minutes if you want to use them. Ms. West: (INAUDIBLE). Chair Sanchez: Okay. Ashley Chase: Should I distribute this letter to the Clerk? Chair Sanchez: Please do. Ms. Chase: Okay. First off Ashley Chase, Miami River Commission, with offices at 1407 Northwest 7th Street. I'm here to read a letter into the record on behalf of our chair, Eric Bierman. On May 5, 2008, the Miami River Commission updated its previous advisory recommendation based on the April 30, 2008 City ofMiami Planning Advisory Board's recommended EAR -based amendments to the City comp plan. The MRC (Miami River Commission), by a vote of 11/0, found the PAB's proposed EAR recommended amendments to the comp plan to be consistent with the Miami River Corridor Urban Infill Plan, with the following one remaining condition, not deleting the Comprehensive Plan Policy PR-1.5.8, expand the existing Jose Marti Park to provide additional recreational opportunities for the area's residents, workers, and visitors. Following the May 2008 City Commission hearing on this item, the MRC became aware of a revised set of draft amendments to the comp plan portions related to the Miami River and had invited City staff to present them to the MRC earlier this month, yet we received no response. The new, over 1,500 page document was publicly released for the first time on the City's website last week. Should the City Commission, for any reason, not take action on this item today, the MRC remains willing to place it on our December 1 meeting agenda for further review. Thank you so much. Chair Sanchez: Thank you. Nina, I don't want to deprive you of any time. I would never hear the end of it. So you're recognized for the record. You have two minutes. Ms. West: I want to say something to the Commission. Chair Sanchez: Nina West. City ofMiami Page 60 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. West: Nina West, 3690 Avocado Avenue, Coconut Grove. If we cannot, as citizens, rely on what the Commission votes on because it gets changed sometimes between the vote, what's read into the record and what comes out, then what does a citizen have to rely on? That is my question to the Commissioners. I want to thank Commissioner Spence -Jones, especially, for standing up for the citizens, and I am very -- I just can't believe that something as important as the comprehen -- the Miami Neighborhood Comprehensive Plan is voted on without my Commissioner. I pay taxes and I want representation. My Commissioner's representation is very important to me, and he is the one who backed our notice issue. I would like what the Commission voted on in the record originally first reading. This is second reading. In the future, what the Commission votes on, I would like to see this Commission stand up to the Administration and what it votes on should be the law. Thank you. Chair Sanchez: All right. That concludes the public hearing. No one has -- else signed up for that, so it comes back to the Commission. On the item, Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just want to -- Mr. Dickman made a comment on the record, and I just want to be very clear because I always have an issue with our backs being placed up against a wall to make decisions. I just think that's just the wrong way to do business. I need to get clarity from Ana. He made a statement regarding the issue of the time frame that this information needs to be sent to the DCA. 'Cause you put on the record that you needed to have it back in by -- you said by -- Ms. Gelabert-Sanchez: DCA gives us -- Vice Chair Spence -Jones: -- November 17. Ms. Gelabert-Sanchez: --120 days, and it's November 17. So what we're trying to do is meet the dates. He mentioned -- Mr. Dickman said that I forbid -- I've never used that word. What was -- it was a fact -- it was asked we would like to -- we're already in noncompliance and we would like to be able to close this chapter and be able to send the ORC report. That's what meant. So the question was is there an issue. DCA asked us that we are sending our response back in 120 days, so that's whatl stated on the record. That would be, plus or minus, November 17. Vice Chair Spence -Jones: Okay. Because -- I mean, clearly, he made a statement today -- Ms. Gelabert-Sanchez: I did -- Vice Chair Spence -Jones: -- that there was a conversation with DCA today -- correct? -- and you know, it was kind of clear from that conversation that, you know, there is some flexibility around when this information needs to be turned in. Ms. Gelabert-Sanchez: I can only speak to the conversations that we've had with DCA, not what Mr. Dickman had with DCA. It would be, I think, hearsay of what he said and she said. I'm not sure what he said and what they said to him. I can only go with the procedures that we follow, what we've been asked to do, and that's all we're frying to meet. And as -- Chair Sanchez: Mr. Brigman [sic] -- Commissioner Gonzalez: And I believe that we need -- Chair Sanchez: -- you don't speak unless somebody has a question for you, counsel. All right, so sit tight. City ofMiami Page 61 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: I mean, I -- he can respond to that question. I don't have a problem with that. Chair Sanchez: All right. Now you -- Mr. Dickman: Just for -- Vice Chair Spence -Jones: Can you please respond to the question so I have clarity on it? Mr. Dickman: Clarity is that the law says that you do have -- you have up to 120 days to adopt your amendments once the ORC is issued. However, the penalty for not doing that is simply that you cannot adopt any other amendments outside of that until you do it. Commissioner Gonzalez: Well, there you are. Mr. Dickman: Now, the trigger for doing that is once you have transmitted your adopted ordinance, like tonight, then you're free to do other things, okay. You're free to do other amendments, but there isn't -- like I said, there isn't any hard penalty, like loss of funding or, you know, they're notgoing to accept it anymore. It is -- you do have 120 days, but there isn't a hard penalty. And I asked them about that, and they said that, no. The only thing that you will not be able to do is adopt any other amendments, like a small-scale plan -- land use amendment. Vice Chair Spence -Jones: Okay. You wanted to respond to that, ma'am? Is that why you're stepping up? Nancy Sfroud: If just could. I'm Nancy Stroud -- Chair Sanchez: Name for the record. Thank you. Ms. Sfroud: -- and I'm counsel to the City on the EAR amendments. The statute says you have 120 days. I think what Mr. Dickman is telling you is ignore the statute because you're notgoing to get caught or something. But I think, you know, the legal requirement is to forward this within 120 days. I also want, ifI could, just a few responses. Mr. Dickman also said you were ORC'd, which is a new verb for me, I guess, but just to -- that is not an approbation. Every city that sends comp plan amendments -- EAR -related comp plan amendments to DCA gets an Objection, Recommendations and Comment report, so DCA was only doing what its statutorily required to do. And of course, this is the statutory response from the City. That's all part of the normal process. Vice Chair Spence -Jones: Can I ask you a question 'cause I'm just curious? After we make the response back on this issue, is it possible for DCA to come back with comments again? Ms. Sfroud: No. What DCA will do is they'll look at your amendments and then they'll compare them to their report -- Vice Chair Spence -Jones: Right. Ms. Sfroud: -- to see ifyou've answered their objections. Vice Chair Spence -Jones: Right. Ms. Stroud: The one -- the things that they haven't objected to -- Vice Chair Spence -Jones: Of course. City ofMiami Page 62 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Sfroud: -- you know, the 95 percent, it would be really imprudent to go back now and try to change something else because essentially -- Vice Chair Spence -Jones: That's not what I asked. Ms. Sfroud: Okay. Vice Chair Spence -Jones: That wasn't the question. Ms. Sfroud: So what DCA -- Vice Chair Spence -Jones: The question was, once she -- once the Department submits the response to the objections, or the response to them, is it possible for DCA to come back -- just -- not just on the Miami River issue, on any of these issues -- Ms. Sfroud: Right. Vice Chair Spence -Jones: -- to say we're still not happy with these things. We want you to provide us with another option. Is that something that could happen? Ms. Sfroud: Let me answer in two parts. One is DCA's responsibility is not to come back with comments, but to come back with a determination -- Vice Chair Spence -Jones: Right. Ms. Sfroud: -- a finding of compliance. Vice Chair Spence -Jones: Okay. Ms. Sfroud: And that starts a formal process. And they notice it and then, you know, there are appeal rights. What often happens is DCA will come back and say, you don't quite have it right. We're going to find you not in compliance, but let's talk. You know, we will negotiate with you, and there's something called a compliance agreement that you can enter into with the Department. So there's still possibility for that kind of negotiation if they don't like what you've done. Vice Chair Spence -Jones: Okay. So once we make the decision to put whatever we put in, do we have the opportunity to go back in to make adjustments? Let's say if Commissioner Sarnoff comes back -- I'm just using this as -- and there's clearly some issues -- because we don't have all five of us up here, and quite frankly, I think Nina made a very good point. I mean, not to have the District 2 Commissioner's input on this whole process, I think, is not -- I don't think it's the right thing to do, okay? Ms. Sfroud: I don't think there's -- Vice Chair Spence -Jones: But I do understand that our backs' up against the wall so we have to make a decision, but my question for Ana is, Ana, you know, let's say, Commissioner Sarnoffgets back, the information goes in, does he -- and if there's nonsubstantial changes or whatever comments that he may have, do we have the ability -- or the flexibility to make that happen? Ms. Gelabert-Sanchez: We can make changes to the Comprehensive Plan at any point, so it doesn't mean that once you seal it, we can never come back to you. If there's a change on the comp plan that would need to be made based on, as you said, with Commissioner Sarnoff or any of the other Commissioners and action, we can go ahead and start the process. What we need to do here now is just kind of like I said, close the loop here on the EAR responding to the ORC City ofMiami Page 63 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 and be in compliance. That part will be definitive, meaning that's the ORC and what you vote is what DCA will receive, and their letter of compliance will be that based on what you decide today. Once that process -- and then there's -- like Nancy just explained, then we have -- they have the 40-day -- 45 days to review it. And at that point -- so that process will be closed with what you're recommending. Now, if, in the future -- and that could be any time -- you ask us to amend the Comprehensive Plan, it will be, again, a public process, and then we can just go ahead and do it -- Vice Chair Spence -Jones: Okay. So we're not locked -- Ms. Gelabert-Sanchez: -- the same way as we said to you in the office. That is, if there's a particular amendment to the comp plan, we can do it. It's just a public hearing process. And second, I think in a couple of years, we'll be back with the EAR, so there's other opportunities. Chair Sanchez: And we'll be at this for another couple of years. Vice Chair Spence -Jones: All right. Chair Sanchez: All right. Vice Chair Spence -Jones: That answered my question. You have a question, Commissioner Regalado? Commissioner Regalado: I have a question. Counsel, did I hear you say that what Mr. Dickman recommended was that we ignore the statute and maybe defer this today, that we have to do this today? Ms. Sfroud: What heard him say is that you don't have to pay attention to the 120 days because DCA has said they won't do anything to you. And my response is, well, the law says you have 120 days, so that's the legal position that you're in. You have 120 days. Commissioner Regalado: But -- Commissioner Gonzalez: You have to comply with the law. Commissioner Regalado: -- we have 120 days today? Ms. Sfroud: That 120-day period ends on the -- Ms. Gelabert-Sanchez: On November 17 -- Ms. Sfroud: -- 17th. Ms. Gelabert-Sanchez: -- plus or minus. Commissioner Regalado: On the 17th. Ms. Sfroud: Monday. Commissioner Regalado: And why are we doing this so late? And let me tell you why. You know that we had a blackout this morning here in the City Hall? Suppose that we have the surge in power and all the computers are gone. Suppose that we cannot meet tomorrow or next week. Then you think that DCA will care that there was a surge or a blackout or that we just -- or that Sarnoff wasn't here. I mean, do you, as a counsel to the City, would recommend that we do this, which is so important, at the last minute? City ofMiami Page 64 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Stroud: I would recommend that you respond fully to the ORC, and in order to do that, Mr. Lambert had to go get the data and analysis that was so important to respond. And so -- Commissioner Regalado: Exactly. Ms. Stroud: -- I think whatever time it takes to do that is important. Commissioner Regalado: What I'm saying, counsel, is that would you be so prudent and tell us, you know, do it earlier? Call the expert earlier and not put us under the gun, as your clients, because we only have four days, which includes a Saturday and a Sunday. It is a really uncomfortable position to be voting. Commissioner Gonzalez: As it happens many times. This is not the first time. Chair Sanchez: All right. Commissioner Regalado: It is uncomfortable. Commissioner Gonzalez: But it is what it is and we -- Commissioner Regalado: No. It is what it is. Commissioner Gonzalez: -- have to make a decision. Commissioner Regalado: And I understand, Commissioner, but what I'm saying is she's getting paid, the expert is getting paid, and all of the time the Commission gets blame for not doing the things when it's due. We were told, I remember, last December 14, you got to vote for the tunnel because if you don't vote today, the money is gone away. As of yesterday, FDOT (Florida Department of Transportation) has not finalized the contract, and it's been almost a year. So I'm just saying it's unfair what you're doing. It's unfair. And you know -- because of the lack of attention to the residents, there was a woman with a baby there and because of that woman with that baby that came all the way from Buena Vista, I'm voting no because there is -- somebody has to send a message that you have to listen to the resident, that you have to listen to the input of all these people. The river element is part, but a lot of people -- the single most important issue for many resident was the notice, and we mess it up. Commissioner Gonzalez: Mr. Chairman, will you call the question, please? Commissioner Regalado: Call the question. Chair Sanchez: All right. The question -- Vice Chair Spence -Jones: Okay. Before we call the question -- 'cause you don't want to call the question right now. Commissioner Regalado: Call the question. Vice Chair Spence -Jones: Call the question. You don't want to call the question until -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- I have clarity on -- Chair Sanchez: Well, if -- we'll call the question. If it's voted down, then -- City ofMiami Page 65 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Commissioner Regalado: It's voted down. Chair Sanchez: -- you know, we'll be here 'til whatever time. So the question has been called. There isn't a motion. Ms. Burns: There is no motion. Chair Sanchez: So we need to put a motion. Commissioner Gonzalez: I'll make a motion to accept the staff recommendation and the expert recommendation. Chair Sanchez: All right. Is there a second? I will pass the gavel to the Vice Chair and make -- and second it. Vice Chair Spence -Jones: So we have a motion and a second. All in favor? Commissioner Gonzalez: No. Commissioner Regalado: It's an ordinance. Commissioner Gonzalez: It's an ordinance. Vice Chair Spence -Jones: Oh, okay. So it tie -- Chair Sanchez: Read the ordinance into the record. Commissioner Gonzalez: Read the ordinance. Chair Sanchez: Huh? Vice Chair Spence -Jones: It's 2/2, right? Chair Sanchez: It dies. Vice Chair Spence -Jones: Okay. Chair Sanchez: No, no. We got -- Listen, I know it's going to happen, but we've got to do it for the record. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. This is -- so you're the Chair. I made the motion. Vice Chair Spence -Jones: I said we had a motion and a second. All in -- Chair Sanchez: Read the ordinance into the record -- Commissioner Gonzalez: Read the ordinance. Chair Sanchez: -- followed by a roll call. Vice Chair Spence -Jones: Read the ordinance into the record. City ofMiami Page 66 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Bru: Okay. And the Administration is finished? 'Cause I thought they wanted to put some additional information on the record. Ms. Gelabert-Sanchez: I think -- yeah. I think -- Chair Sanchez: Well, based on the recommendations that were proffered, right, for the river? Ms. Gelabert-Sanchez: -- there were two questions -- one question you had on what Brenda submitted. I think you had asked us to look at that and we have. Vice Chair Spence -Jones: And Ana -- I'm sorry for interrupting you, Ana. And that was one of the reasons why I'm not supporting it because Commissioner Regalado's exactly right, you know, regarding the issue ofMs. Kuhntz's [sic] point regarding the issue of the -- Ms. Gelabert-Sanchez: And -- Chair Sanchez: I think that issue was addressed. Vice Chair Spence -Jones: No. But we were supposed -- Ms. Gelabert-Sanchez: Hold on. Vice Chair Spence -Jones: -- to come back and vote on that first -- Ms. Gelabert-Sanchez: But I would -- can I --? Vice Chair Spence -Jones: -- or include that in the resolution -- ordinance, and we didn't. Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: And what he's saying -- Ms. Gelabert-Sanchez: Could I say --? Mr. Hernandez: -- let me address that, that point ofMs. -- Brenda. She's maybe totally right, but she had five months -- Commissioner Gonzalez: Yeah, right. Mr. Hernandez: -- to bring this up to anybody's attention, including staff. Commissioner Gonzalez: Waiting until the last minute. Mr. Hernandez: This is the record from May and she could have done it in June, July, August, September and waited until tonight to bring it up. Vice Chair Spence -Jones: But this is my issue -- Commissioner Regalado: In which public hearing? Vice Chair Spence -Jones: But -- and this is the issue. Mr. Hernandez: She had a -- Commissioner Regalado: In which public hearing? City ofMiami Page 67 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: Listen, the folks -- Mr. Hernandez: If she wanted clarification, she could have done it with staff at any time, at any point. Vice Chair Spence -Jones: Listen, MNU came out here from the very beginning on this whole entire issue, and I said -- ifI wouldn't have said this to staff I wouldn't be -- I wouldn't even be fighting about it, butt specifically asked a question. Did we reach out to the key organizations that had a problem? I asked that question -- Chair Sanchez: Right. Vice Chair Spence -Jones: -- and it did not happen. And I said, guys, you know we're going to have this meeting tomorrow and you know people are going to show up. Don't you think it makes sense to make sure you at least reach out to the people that had an issue on certain things to see if we can clear them up? I asked the question. It did not happen, Mr. Manager. You weren't in the room, so you don't know I asked the question, butt know Ana them know and the consultants -- everybody -- Carmen, you know. Did I not ask the question? Ms. Gelabert-Sanchez: But, ifI may, the question on the notice is important because what we have put on the -- what went up to Tallahassee and what is needed was what we are giving as an official record of this Commission. So when you ask me has the notice issue, the one that was so concerning we put it in, we did. The objections and recommendation did not deal with notice. So, obviously, it was not an issue. And as far as we're concerned, what we have presented is accurate. Brenda has made a point that, as the Manager said, this has been 120 days up on the Web, and like I work with other members that are sitting here with things that have come, they addressed them. Like if there was an error, we would have had time to look. At this point, I cannot tell you there is or there's not an error. We submitted what was transmitted to us. I know Julie Bru has it. I think we all have looked at it, and I think we have a comment and a recommendation on what Brenda submitted. I just think it's also important the same way that some other -- on the other side someone comes in and says you didn't do it just to clarify that this really had been up -- Mr. Dickman: What about us? Ms. Gelabert-Sanchez: -- at least on the notice, 120 days. Mr. Dickman: We tried. Chair Sanchez: Mr. Brigman [sic], please. Vice Chair Spence -Jones: Okay. My -- you know, I don't know. Maybe you're not understanding what I'm saying. What I'm saying is if -- you know, from May 13 -- and you keep saying 120 days from the time of this, and I'm counting May, June, July, August, September, October, and now we're in November. We're -- I mean, where's the hundred -- we're out of compliance right now -- Commissioner Regalado: Madam -- Vice Chair Spence -Jones: -- as far as I'm concerned. Carmen Sanchez (Assistant Director, Planning Department): Commissioner, Carmen Sanchez -- Commissioner Regalado: Madam Chair, ifI may. City ofMiami Page 68 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Sanchez: -- assistant Planning director. Chair Sanchez: Can we just vote on this issue? It's going to die. Let's just vote on it. Vice Chair Spence -Jones: Are you -- Commissioner Regalado: Can I --? Vice Chair Spence -Jones: -- chairing the meeting or me? I'm chairing the meeting. You passed me the gavel, let me chair. Commissioner Regalado: Madam Chair. Chair Sanchez: Call the question. Commissioner Regalado: Madam Chair. Chair Sanchez: Call the question. Vice Chair Spence -Jones: You're recognized, Commissioner Regalado. Commissioner Regalado: Thank you. Look, this is not about Brenda. This is not about her not coming in the last 120 days. This is about the philosophy, the policy of the City that all residents are guilty until they prove that they're innocent, and that the burden of proving that the City is wrong is on the resident. We have a very well paid staff. We don't need to make these kind of mistakes. Why should a resident come from Buena Vista or from Little Haiti or from Flagami to challenge a mistake that the City has done? And then we say, oh, we're going to check and maybe -- you know, it is about the final product. It is about not having the citizens fight City Hall all the time. So, I mean, this is wrong. So I'm done, Madam Chair. Chair Sanchez: All right. Call the question. Vice Chair Spence -Jones: Madam City Attorney. Ms. Bru: Do you want me to read the ordinance into the --? Chair Sanchez: Yes, followed by a roll call. Ms. Bru: Okay. An ordinance -- and you don't want to consider the proposal that Brenda had submitted as far as the revisions to the ordinance? Chair Sanchez: That is part of it, yes. Vice Chair Spence -Jones: Yes. Ms. Bru: Okay, then I should read something into the record. Chair Sanchez: Yes, please do. Ms. Bru: And I think we -- Chair Sanchez: That's why I am basically moving forward with this. Ms. Bru: Okay. City ofMiami Page 69 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: And once again, you're not chairing the meeting, so I should be communicating to the City Attorney. So -- Chair Sanchez: Michelle -- Vice Chair Spence -Jones: -- Madam City Attorney, yes, we'd like to include that particular item. Ms. Bru: Okay, then let me go ahead and take a minute to read these changes, which I believe comport with the intent of what occurred here previously, perhaps not verbatim, but -- and that they're not substantial. The first change is to Goal Land Use 1, and it's in Subsection VII, and it would read, "maintain a land use pattern that protects the integrity and quality of the City's existing neighborhoods by ensuring public notice, input and appellant rights regarding changes in existing zoning" -- and here's the change -- "and land use regulations." That's the first one. Vice Chair Spence -Jones: No problem with that. Ms. Bru: Okay. The second is to Policy Land Use 153 and it has to do with notice. Notice of application for special permits or -- here's the change -- other such adminisfrative land use or zoning permits provided for in the future shall be provided to any NET (Neighborhood Enhancement Team) -registered homeowner associations or neighborhood associations 30 days prior to issuance of the special permit or such adminisfrative land use or zoning permits provided for in the future -- and here's a change -- zoning and land use regulations -- and then here's another change -- and promptly -- the word promptly -- after issuance of the decision with explanation of appeal procedures allowing sufficient time for such appeal. And the last revision is to Policy Land Use 154, also has to do with notice. Notice of application requiring public hearing shall be provided to any NET -registered homeowner and neighborhood association and to owners within -- and here's the change -- certain number of feet as provided for in the City Code. I believe that that is what was being requested and -- Chair Sanchez: That was -- Ms. Bru: -- with that revision, I will read the -- Commissioner Regalado: Is that a substantial change? Ms. Bru: I don't believe so, Commissioner. Commissioner Regalado: And why it was said to us that they will check it and after we vote, they would include it and not include it -- Ms. Bru: I think that that -- Commissioner Regalado: -- now? Ms. Bru: -- was just a possible way to deal with it, which, subsequently to that statement being made, I recommended that why don't we just take care of it now. After all, you are voting now on all the -- you know, the amended comp plan, so -- and since it isn't a substantial change anyway, it doesn't really put into question whether or not we would have to, you know, have another hearing on this. Commissioner Regalado: No. I understand that, but you didn't -- you weren't the one that said that we can include it. Actually, first, it was Mr. Dickman, but the staff said we cannot do this. IJ we find it that it was said and if we find it that it was approved, if we find it that she was -- been telling the truth, then we'll do it, but after you vote. City ofMiami Page 70 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Ms. Bru: I think, Commissioner, what happened is that, you know, we could -- we were placed in a position that we received something at 5 o'clock, and we're asked to determine whether or not it's accurate or inaccurate, and quite frankly, I think it really doesn't -- I know for the good reasons that you stated, yes, it does matter. We should all strive to be as accurate as possible when we prepare documents based on what happens here, but ultimately, for what's going on here today, this is proper for you to just accept, revise the document, and that's what we just did by myself reading it into the record. Commissioner Regalado: Why are these meetings, like you mentioned, so animated? Vice Chair Spence -Jones: Okay. Commissioner Regalado, we got the -- now that we're -- now that we have gotten this issue resolved, Madam City Attorney, I feel much more comfortable if this item is going to be added because I do know that this is something that the organization and the community folks fought very hard for to make sure that the community notice part was included. That's extremely important to me to make sure that we support them on this issue, so -- now, if this item is being added to -- or at least ifAna's putting on the record that she's okay with this, okay, then I am comfortable with making the decision -- Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: -- to support it. Ms. Gelabert-Sanchez: Yes, we are. Vice Chair Spence -Jones: Okay. Chair Sanchez: Madam Chair, before we vote, could I be recognized, please? Vice Chair Spence -Jones: Yes, you may. Chair Sanchez: Thank you. Look, before we vote on this issue, we're not the only city that has to go through this, okay? It is maybe -- we're not enemies. It is maybe our passion that drives us in opposite directions when we get to this point. We have a responsibility to the City, as well as we have a responsibility to the citizens ofMiami. If you look at this document, which is a very complex document, my staff has gone through this document, and we have made significant agreements with the advocates that have pushed to promote the river. We're not anti Miami River. We are not anti -marine industry. But when I sit here, I have to listen to my attorney, just like your client has to listen to you, Mr. Brigman [sic], to make sure that we're able to finalize this and take it through a process that has gone through a process, and I think that the question here that I have that has been answered to me that I feel comfortable is that we have done sufficient to -- I think, to come to an amicable agreement. We may not be at the 50-yard, we may be at the 40-yard, but we started at one time at the 1-yard from one side and the 1-yard of the other side. So, you know, we have made progress here. Now, when it goes to the DCA and that process comes -- goes through, we will deal with it and we'll continue to work 'til we're able to shake hands and get to the 50-yard line. Simple as that because this issue, along with some other issues, have gotten people where you run somebody into in the street and they turn their face at you. You should never let these things get personal, never ever, ever. 'Cause I disagree with my wife, I disagree with my kids, and the first thing when [sic] I do when I get home, I give them a hug and a kiss, okay, so don't let these issues continue to divide this community. These are tough issues that really should unite us to come together through these efforts. So at this time what I respectfully would ask, through the Chair, is that we finally vote on this issue 'cause it's been a very long day. Vice Chair Spence -Jones: Okay. No problem. City ofMiami Page 71 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Mr. Dickman: Madam Chair, can I make a quick suggestion? Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: No. Actually, the public hearing is closed. Chair Sanchez: It's closed, Dickman. Vice Chair Spence -Jones: We have addressed -- Commission Regalado, are you -- you're okay with the addition now that they're making the Brenda item -- the Kuhns item? Commissioner Regalado: No, I'm not okay. Vice Chair Spence -Jones: You're not what now? Commissioner Regalado: I'm not okay. It should have been there before. Vice Chair Spence -Jones: Okay, but they're adding it now. Commissioner Regalado: I know, but I'm not -- Vice Chair Spence -Jones: Are you happy with it? Commissioner Regalado: -- okay. Vice Chair Spence -Jones: Okay. All right. So we're adding it, okay? Commissioner Gonzalez: All right. Vice Chair Spence -Jones: So with that being said, we have -- we had a motion and a second. Ms. Bru: And I was just about ready to read the ordinance. However, it's been pointed out to me by Planning that there's just some minor whereas language that needs to be clarified, and I'm going to read that into the record also. This is just -- I think it's like the ninth whereas. Whereas following City Commission review of the ORC and further consideration of proposed amendments to the Miami Comprehensive Neighborhood Plan in response to the ORC, the Miami City Commission, on November 13, 2008, adopted amendments to MCNP (Miami Comprehensive Neighborhood Plan) based on the ORC. So we're adding that whereas, which is a recital. And then Section V will read -- we're adding -- all we're adding here is the word "effective, " so the effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs orAdministration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b) Florida Statutes, whichever may be applicable. And then there's a footnote, which reads, the ordinance shall become effective as specified herein, unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this ordinance, it shall become effective on the date the City Commission overrides the mayoral veto, if any. So with these clarifications, I shall read the ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: Roll call. Ms. Burns: Excuse me, Madam -- City ofMiami Page 72 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: As amended. Vice Chair Spence -Jones: As amended. Ms. Burns: -- Chair. Does the maker of the motion accept the modifications? Commissioner Gonzalez: Yes, I do. Ms. Burns: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Burns: Chair Sanchez? Chair Sanchez: Yes. Ms. Burns: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Burns: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Boy, Pete, you look very serious over there, Mr. Manager. Listen, I'm only supporting the item because the adjustment has been made regarding what the MNU folks have requested have happen, so because of the amendment, I'm supporting it. So I'm going to vote yes, but I'm also going to recommend that Ana's department, along with whoever the consultant is, sit down with Mr. Dickman and the Miami River Commission to hammer out the issues. You've put on the record today, Ana, that you can go back and make some adjustments on it, correct? Is that a correct statement? Ms. Gelabert-Sanchez: What said was that, in the future, if you want to make changes to the Comprehensive Plan, you, as a body, can make that change. Vice Chair Spence -Jones: Okay, so I've had -- Ms. Gelabert-Sanchez: But what's -- Vice Chair Spence -Jones: Hopefully by that time, Commissioner Sarnoff will be joining us on the dais, and if there is an issue of something that we need to address, we can always bring it back. Is that correct? Ms. Gelabert-Sanchez: Yes, but let me clarify. The ORC and the response is going as a document. What DCA will review is that document. When I say a change, it's not on the response to the ORC itself, it's -- say that goes well, DCA approves it. We're okay. We get the letter of compliance. That process is over. If you want to make -- as a Commission, as a body, be able to come back and say, you know, afterwards and say -- Vice Chair Spence -Jones: Address that particular issue, we can. Ms. Gelabert-Sanchez: -- and look at it again, yes, you can. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: It is also -- it's a process that has to, you know, follow the -- a public process, but -- City ofMiami Page 73 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: -- you can bring -- Vice Chair Spence -Jones: Because of that issue and because that would allow for us to have and other Commissioners to have the opportunity to participate in that process, I'm supporting the item. So we have voted on this item. It has -- Chair Sanchez: No, we have not. Ms. Burns: Excuse me. So that is a yes, is that correct? Vice Chair Spence -Jones: I voted yes. Ms. Burns: Okay, so PZ.13 has been adopted, 3/1, as modified. Vice Chair Spence -Jones: Yes. Mr. Hernandez: Madam Chair, just -- Commissioner Gonzalez: And I -- Mr. Hernandez: -- to state that we'll -- I'll instruct staff and I'll try to participate myself to reach out to those groups that -- Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: All I want to add is that I hope that a revival finally comes to the Miami River in my district that has been neglected and abandoned for more than 25 years, when people didn't even bother to go to the river because all that we found there was cocaine and marijuana. Mr. Stuart Aguirre: No, absolutely not. Commissioner Gonzalez: Yes. Absolutely yes. Chair Sanchez: Hey, hey, hey, hey. Come on. Mr. Stuart Aguirre: No. I live there, Angel, and -- Commissioner Gonzalez: No. You don't see it -- Mr. Stuart Aguirre: -- that is a lie. Commissioner Gonzalez: -- anywhere. You live in a private neighborhood that you moved to two years ago, okay. Mr. Stuart Aguirre: Angel -- Commissioner Gonzalez: You used to live in the Gables. Mr. Stuart Aguirre: -- you're a liar. Commissioner Gonzalez: You used to live in the Gables. City ofMiami Page 74 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: All right, guys. We still have a meeting going on. Commissioner Gonzalez: I know you. I know where you come from. Chair Sanchez: Could I just get some attention here? All right, listen, we're almost done. It's been a long day. It's been an exciting day. Commissioner Gonzalez: Do not call me a liar [expletive]. Chair Sanchez: Okay. END OF PLANNING AND ZONING ITEMS NA.1 08-01335 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF PARK RENTAL FEES, IN THE AMOUNT OF $400.28, FOR THE USE OF THE CHARLES HADLEY PARK ON SATURDAY, DECEMBER 6, 2008, BY THE JESSIE TRICE COMMUNITY HEALTH CENTER WORLD AIDS DAY EVENT. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-08-0660 Chair Sanchez: All right, no -- we have pocket items. Vice Chair Spence -Jones: I have a pocket item, and Commissioner Regalado had also had a pocket item. Chair Sanchez: All right. Vice Chair Spence -Jones: But let me get my -- Chair Sanchez: Commissioner Regalado is gone. Can we get --? Vice Chair Spence -Jones: Okay. I'm going to get my pocket item. Chair Sanchez: If you leave, we lose a quorum. Vice Chair Spence -Jones: Please don't lose the quorum. I need my pocket item. It's only -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- two items. No fighting. Chair Sanchez: We -- but listen, you can't have somebody -- Commissioner Gonzalez: No. He doesn't have -- Chair Sanchez: -- insult a Commissioner. City ofMiami Page 75 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Vice Chair Spence -Jones: And I understand. Commissioner Gonzalez: -- what it takes to fight me. Chair Sanchez: Oh, okay. Vice Chair Spence -Jones: Okay. No fighting. I have a pocket item. It's a resolution for Miami City Commission authorizing the waiver of park rental fees -- this is the rental fees of the park -- for the Jesse Trice Community Health Center for World AIDS (Acquired Immune Deficiency Syndrome) Day, and I just wanted to make sure I brought that. It's on December 6. You guys should have a copy of it already. If not, here you go. Chair Sanchez: Who does that benefit? Vice Chair Spence -Jones: Jesse Trice Center for the community. Chair Sanchez: Okay. All right. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Spence -Jones: The other item -- Pamela E. Burns (Assistant City Clerk): Excuse me. I didn't hear a second. Chair Sanchez: I -- Ms. Burns: Just for the record. Chair Sanchez: Commissioner Gonzalez seconds it. Ms. Burns: Thank you. NA.2 08-01333 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF PARK RENTAL FEES FOR THE LITTLE HAITI SOCCER PARK ON SATURDAY, NOVEMBER 29, 2008 AND SUNDAY, NOVEMBER 30, 2008, FOR THE DIASPO TOURNAMENT MUSIC FESTIVAL. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Absent: 2 - Commissioner Sarnoff and Regalado R-08-0659 Vice Chair Spence -Jones: All right. And then my other item was the -- seems like I have copies of all the same items. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. The other one was for a -- on the 29th and the 30th, there was a resolution that was prepared by the City Attorney regarding the new Little Haiti Soccer Park. There's a tournament going on that weekend. It's not for police, fire and those kind of services, only for the rental fees of the park. So I just wanted to make sure I officially put that in the record. City ofMiami Page 76 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: Okay. What are you requesting, parks waiver? Vice Chair Spence -Jones: Just the rental fees of the park. That's it. Commissioner Gonzalez: Second. Chair Sanchez: All right. Does -- Vice Chair Spence -Jones: It's not -- Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- and a second. You can't make a motion and second your own motion. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." All right. NA.3 08-01343 DISCUSSION ITEM DISCUSSION REGARDING THE SCHEDULING OF SPECIAL MEETINGS REFERENCING MIAMI 21. DISCUSSED Chair Sanchez: Before we adjourn, Mr. City Manager, you want to be recognized for the record? Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, I know it's late, but I think we can take one minute at least to talk about the schedule regarding Miami 21. I know that we had discussed setting up special meetings to take up the matter ofMiami 21. Miami 21 is going before the PAB (Planning Advisory Board) on November 19, and we had tentative dates of December 2 for the first reading and January 8 for a second reading. And I wanted to get, you know, some feedback from you as to whether those dates were acceptable. Chair Sanchez: Those days are acceptable to me. Commissioner Gonzalez: So what, you're planning to have three meetings in December? Mr. Hernandez: No. It would be two. Vice Chair Spence -Jones: In December? Mr. Hernandez: The regular meeting is December 11. This would be a special meeting December 2. November 19 is next week, that's PAB. Vice Chair Spence -Jones: Okay, but we have two Commissioners that are not here now, so to even give you time frames on that is --I mean, we can't give you an answer on that. Mr. Hernandez: What I can do is check with their offices or check with them personally and -- City ofMiami Page 77 Printed on 12/5/2008 City Commission Meeting Minutes November 13, 2008 Chair Sanchez: Pete, with all due respect, didn't you send a memo out to all the Commissioners with those dates? Vice Chair Spence -Jones: No, not -- Mr. Hernandez: Yes. Well, I did send one -- Vice Chair Spence -Jones: He didn't get it. Mr. Hernandez: -- back in the last week in October giving a report on Miami 21, and basically giving those dates as tentative at that time, yes. Vice Chair Spence -Jones: I would prefer to wait until the other two Commissioners weigh in. Pamela E. Burns (Assistant City Clerk): I'm sorry. We can't hear you on the record. Vice Chair Spence -Jones: I would prefer to wait until the other two Commissioners can weigh in. Chair Sanchez: Okay, so we're not going to take any actions. There's a motion to adjourn. Vice Chair Spence -Jones: Yes. So moved. Chair Sanchez: All right. There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- to adjourn. Mr. Hernandez: I'll follow it up. Chair Sanchez: Second. We'll always take a motion to adjourn. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Thank you so much. The City ofMiami Commission meeting stands adjourned. MOTION A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioners Regalado and Sarnoff absent, to adjourn today's meeting. City ofMiami Page 78 Printed on 12/5/2008