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HomeMy WebLinkAboutCC 2009-02-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, February 26, 2009 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 26, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez and Commissioner Regalado Absent: Vice Chair Spence -Jones On the 26th day of February 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9:17 a.m., recessed at 9:45 a.m., reconvened at 10: 00 a.m., recessed at 11: 53 a.m., reconvened at 11: 55 a.m., and adjourned at 11: 57 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9: 26 a.m. Commissioner Gonzalez entered the Commission chambers at 10: 01 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. The City ofMiami Commission meeting is being called to order. The meeting was properly advertised for today, Thursday, February 26, 209 [sic], at 9 a.m. here at our historical City Hall. I want to take the opportunity to say good morning and welcome you to our City Hall. The Commissioners that are present today are the Mayor, who's joining us; we have myself as the Chair. Vice Chair Michelle Spence -Jones will not be joining us today. We have Commissioner Gonzalez, who will be joining us shortly. We have Commissioner Marc Sarnoff, Commissioner Regalado. Present in the meeting, we have City Manager Pedro Hernandez and our City Attorney, Julie O. Bru. Also with us our City Clerk, Priscilla Thompson, are [sic] present. Today's meeting has been properly advertised. It is a Planning & Zoning meeting. We will be opening up the meeting with a prayer, followed by the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00216 PRESENTATION Honoree Presenter Protocol Item Bicycle Action Month Mayor Diaz Proclamation April Yvette Thompson Mayor Diaz Salute Willoughby Supply Co., Inc. Mayor Diaz Salute Austro Construction, Inc. Mayor Diaz Salute PRESENTED 1. Mayor Diaz presented a Proclamation in honor of Bicycle Action Month, March 2009, as declared by the Governor of the State of Florida, as Florida Bicycle Month, in support of local governments throughout the state that have adopted goals and policies to develop a multimodal transporation system that supports transportation choices including the bicyle. City ofMiami Page 3 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 MAYORAL VETOES 2. Mayor Diaz presented a Salute to April Yvette Thompson in celebration of her return to her Miami hometown as an illustrious, award -winning thespian performing her own one -woman show, "Liberty City," in the Carnival Studio Theater at the Adrienne Arsht Performing Arts Center. 3. Mayor Diaz presented a Salute to Willoughby Supply Company, Inc., in conjunction with MACTown, Inc., to pay tribute to the supply company for its outstanding commitment to upgrading the quality of life in South Florida. 4. Mayor Diaz presented a Salute to Austro Construction, Inc., in conjunction with MACTown, Inc., to pay tribute to the supply company for its outstanding commitment to upgrading the quality of life in South Florida. Chair Sanchez: All right. We're going to go on to the presentations and proclamations. At this time I want to recognize the Mayor, who has a proclamation and a couple of salutes which he will be presenting. Mr. Mayor, you're recognized for the record. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. And good morning, everyone. Presentations made. NO MAYORAL VETOES Chair Sanchez: We'll go ahead and state for the record that the Chairman has received a letter from the Mayor [sic] where she states there are no mayoral vetoes for the record. Madam Clerk, is that correct? Priscilla A. Thompson (City Clerk): That is correct. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: All right. We need to move on to approving the minutes of the following meeting. Commissioner Sarnoff. So moved. Chair Sanchez: The -- Commissioner Regalado: Second. Chair Sanchez: There's a motion and a second for Planning and Zoning meeting of January 29, 209 [sic]. Any discussion on that item of the minutes? Any corrections to be made on the minutes? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES City of Miami Page 4 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 ORDER OF THE DAY Chair Sanchez: At this time we will begin the regular meeting. The City Attorney will state the procedures to be followed during these -- this meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you. And good morning, Mr. Chairman, members of the Commission, Madam Clerk, and Mr. City Manager. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. No cell phones, beepers, or other noise making devices are permitted. Please silence those devices now. Any person with a disability requiring auxiliary aids and services for this meeting may notify the Clerk. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. And we have a Planning and Zoning agenda also today, which will begin after 10 a.m. Chair Sanchez: Okay. At this time the Administration will announce which items, if any, are being withdrawn, deferred, or substituted. Mr. Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. With reference to the regular agenda, there are no changes. There is only a modification required to CA.7. Later on, when you get to the Planning and Zoning agenda, I'll make the recommendations from the Administration. Chair Sanchez: All right. Planning and Zoning items will begin after 10 a.m. They were properly advertised for that. CONSENT AGENDA CA.1 09-00120 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Police SPECIAL REVENUE PROJECT ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") VIOLENT CRIMES AND DRUG TRAFFICKING ORGANIZATION" INITIATIVE AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARD, FROM SOUTH FLORIDA HIDTA, IN THE AMOUNT OF $30,000; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00120 Legislation.pdf 09-00120 Summary Form.pdf 09-00120 Letter.pdf 09-00120-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0080 CA.2 09-00121 RESOLUTION City of Miami Page 5 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A Technology GRANT, IN THE AMOUNT OF $40,000, FROM MIAMI DADE COLLEGE FOUNDATION, INC., CONSISTING OF A GRANT AWARDED BY MICROSOFT'S UNLIMITED POTENTIAL -COMMUNITY TECHNOLOGY SKILLS PROGRAM, TO PROVIDE SERVICES FOR THE "ELEVATE MIAMI-UNLIMITED POTENTIAL" INITIATIVE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00121 Legislation.pdf 09-00121 Exhibit.pdf 09-00121 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0081 CA.3 09-00125 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Parks and RECEIVED JANUARY 26, 2009, PURSUANT TO INVITATION FOR BID NO. Recreation 122066, FROM D' LALY CATERING CORPORATION, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF SNACKS FOR AFTER SCHOOL PROGRAM, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT(S), SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 6 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 09-00125 Legislation.pdf 09-00125 Summary Form.pdf 09-00125 Award Recommendation.pdf 09-00125 Tabulation Bids.pdf 09-00125 ADDENDUM NO. 1.pdf 09-00125 Invitationfor Bid.pdf 09-00125 Formal Invitation to Bid .pdf 09-00125 Registered Caterer Inf.pdf 09-00125 ADDENDUM NO. 1.pdf 09-00125 Contract Award.pdf 09-00125 Invitation for Bids .pdf 09-00125 Master Host 1.pdf 09-00125 Master Host 2.pdf 09-00125 Check List.pdf 09-00125 Child Care Food Program.pdf 09-00125 State of Florida.pdf 09-00125 Afterschool Snack Program Menu.pdf 09-00125 Invitation to Bid.pdf 09-00125 License.pdf 09-00125 Registered Caterer List for the Child Care Program.pdf 09-00125 Certificate of Liability Insurance.pdf 09-00125 Letter.pdf 09-00125 Certificate of Liability Insurance 2.pdf 09-00125 Inspection Report.pdf 09-00125 Health Inspection.pdf 09-00125 Letter 2.pdf 09-00125 Letter 3.pdf 09-00125 Declaration of Policy. pdf 09-00125 Affirmative Action Plan 2.pdf 09-00125 Declaration of Policy 2.pdf 09-00125 Workforce Analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0082 CA.4 09-00144 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO Tomas Regalado THE AMERICAN CANCER SOCIETY, TO CO-SPONSOR THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE EVENT TO BE HELD AT SHENANDOAH PARK, FROM MAY 15, 2009 THROUGH MAY 16, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289; AUTHORIZING THE WAIVER OF FEES, IN THE AMOUNT OF $320, FOR THE USE OF SHENANDOAH PARK FROM MAY 15, 2009 THROUGH MAY 16, 2009, FOR SAID PURPOSE; AUTHORIZING THE WAIVER OF FEES, IN THE AMOUNT OF $600, FOR THE USE OF THE CITY OF MIAMI'S SNOWMOBILE FOR SAID EVENT; FURTHER AUTHORIZING THE CITY MANAGER TO GRANT WAIVERS OF THE NOISE RESTRICTIONS CONTAINED IN SECTIONS 36-4 AND 36-5 OF City of Miami Page 7 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 CA.5 09-00170 THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FROM MAY 15, 2009 THROUGH MAY 16, 2009, FOR SAID PURPOSE. 09-00144 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0083 RESOLUTION District 2- Commissioner Marc David Sarnoff CA.6 09-00178 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF FEES, AS STATED HEREIN, IN THE AMOUNT OF $4,470, FOR THE USE OF THE MIAMI ROWING CLUB, ON SATURDAY, FEBRUARY 21, 2009, FOR THE BLUE BLAZER BANQUET AND ON SATURDAY, MARCH 07, 2009, FOR THE 36TH ANNUAL MIAMI INTERNATIONAL REGATTA. 09-00170 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Honorable Mayor Manny Diaz CA.7 09-00196 District 4- Commissioner Tomas Regalado R-09-0084 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE MIAMI-DADE COUNTY PUBLIC SCHOOLS' 2009 LEGISLATIVE INITIATIVES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN. 09-00178 Legislation.pdf 09-00178 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0085 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY TO CODESIGNATE NORTHWEST 37TH AVENUE FROM NORTHWEST 4TH STREET TO NORTHWEST 7TH STREET, MIAMI, FLORIDA, AS "DR. MORAVIA CAPO AVENUE", FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00196 Legislation.pdf City of Miami Page 8 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0086 Chair Sanchez: And we go to consent agenda 7, which was pulled for discussion. Commissioner Regalado, you're recognized on consent agenda 7. Commissioner Regalado: Thank you, Mr. Chairman. Just a small clarification. This is a resolution urging Miami Dade County to codesignate Northwest 37th Avenue. Instead of Northwest 6th to Northwest 9th, it has to read Northwest 7th to Northwest 4th Street; and that is the minor correction that the Administration requested. So I move -- Commissioner Gonzalez: Second the motion. Commissioner Regalado: -- this, CA.7. Chair Sanchez: So what's the correction for the record? I didn't understand. Pedro G. Hernandez (City Manager): It would be Northwest 37th Avenue from Northwest 4th Street to Northwest 7th Street. Commissioner Regalado: Yeah, instead of 6th to 9th, because there is already a codesignation that the County said that it would overlap. Mr. Hernandez: This is a County maintained road, and it has already been codesignatedfrom 7th Street north; so we're modifying the item for this designation to be from Northwest 4th to Northwest 7th, avoiding the overlap. Chair Sanchez: So as always, it goes to the County, the County approves it, and then we're able to name the street. All right. There's -- the correction has been made on the record on CA.7. Any further discussion on that item? If not, all in favor, say "aye." Commissioner Gonzalez: Aye. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Sarnoff. Second. Ms. Thompson: Thank you. Commissioner Regalado: Aye. Commissioner Sarnoff. Aye. Chair Sanchez: All right. In favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." CA.7 has been approved. Adopted the Consent Agenda City of Miami Page 9 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones END OF CONSENT AGENDA Chair Sanchez: We move on to the consent agenda. Are there any items that the Commissioner or the Administration wants to pull for discussion pertaining to the consent agenda? Commissioner Regalado: Mr. Chairman, CA.7, as the Manager stated, needs a small correction; so I would ask to be considered separately. Chair Sanchez: All right. Commissioner Regalado is requesting that we pull CA.7 for discussion, so CA.7 has been pulled. Any other items? Commissioner Gonzalez: Motion on the consent agenda. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion to approve the remaining consent agenda. The motion has been proffered by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussions pertaining to the consent agendas [sic]? Hearing no discussion on the consent agendas [sic], all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, the consent agendas [sic] have been approved. City of Miami Page 10 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 PUBLIC HEARINGS PH.1 09-00128 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY AMBULANCE COTS, FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A EMSAR OF SOUTH FLORIDA, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED BASIS, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A FIRST YEAR COST NOT TO EXCEED $20,000, WITH THE OPTIONAL ANNUAL INCREASES NOT TO EXCEED FIVE PERCENT (5%); ALLOCATING FUNDS, FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00128 Legislation.pdf 09-00128 Summary Form.pdf 09-00128 Memo 1.pdf 09-00128 Memo 2.pdf 09-00128 Memo 3.pdf 09-00128 Notice to the Public.pdf 09-00128 Proposal.pdf 09-00128 Appendix A.pdf 09-00128 Models Numbers.pdf 09-00128 Letter.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0087 Chair Sanchez: Okay. We go to PH (Public Hearing) -- well -- Pedro G. Hernandez (City Manager): PH.1. Priscilla A. Thompson (City Clerk): Yes. Chair Sanchez: -- it's not 10: 30 yet, so we can't take those items up, so -- Ms. Thompson: PH. 2 is the one that's scheduled for a time certain at 10: 30. Chair Sanchez: Okay. We'll take up PH.1. PH.1 is a resolution. It is a public hearing, and that comes to us from the Department of Fire -Rescue. Glenn Marcos: Good morning, Commissioner. Glenn Marcos, Purchasing director. The item City of Miami Page 11 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 10:30 A.M. PH.2 09-00173 Department of Community Development before you is PH.1. It is a public hearing item, and it does require a four fifth vote. This is a sole source purchase for the maintenance and repair ofFerno Emergency Ambulance Cots, and we're recommending the award to Medco Equipment Repair, Inc., doing business as Emsar of South Florida; and this is for the Department of Fire -Rescue, and this is a contract for one year with options to extend for two additional one year periods. We will only exercise those options if we do a sole source finding and find out that it's still a sole source. The City Commission previously, on three different occasions, have -- has determined that this is a sole source. Thank you. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Motion. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. It requires a four fifth vote. It is a resolution. Before we vote on the item, it is a public hearing. Anyone from the public wishing to address this Commission, please step forward, state your name and address for the record. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on this item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, it passes on a four fifth vote. A sign language interpreter translated discussion of Item PH. 2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING (i) THE ASSIGNMENT OF THE PURCHASE AND SALE AGREEMENT WITH BISCAYNE HOUSING GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, (THE "DEVELOPER"), PURSUANT TO RESOLUTION NO. 09-0022, ADOPTED JANUARY 15, 2009, FOR CITY OF MIAMI OWNED REAL PROPERTY LOCATED AT 400-420 SOUTHWEST 8TH AVENUE AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO TEATRO MARTI APARTMENTS, LLC., A NEWLY FORMED ENTITY; (ii) THE EXTENSION OF THE CONSTRUCTION COMMENCEMENT DATE FROM OCTOBER 1, 2009 TO OCTOBER 31, 2009, FOR THE DEVELOPMENT OF A MINIMUM OF TWENTY-FIVE (25) UNITS; IN THE EVENT THAT DEVELOPER IS SUCCESSFUL IN OBTAINING FUNDING FROM MIAMI-DADE COUNTY AND/OR IS AWARDED TAX CREDITS FROM FLORIDA HOUSING FINANCE CORPORATION, THE CONSTRUCTION COMMENCEMENT DATE WILL BE EXTENDED TO JUNE 30, 2010, FOR THE DEVELOPMENT OF A SEVENTY (70) UNIT MIXED -USE, ELDERLY RENTAL HOUSING PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. City of Miami Page 12 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 09-00173 Legislation.pdf 09-00173 Exhibit A.pdf 09-00173 Exhibit B.pdf 09-00173 Summary Form.pdf 09-00173 Aspirational Goals.pdf 09-00173 Attachment 1.pdf 09-00173 Pre Legislation.pdf 09-00173 Pre Legislation 2.pdf 09-00173 Exhibit A 2.pdf 09-00173 Exhibit B2.pdf 09-00173 Purchase and Sales Agreement.pdf 09-00173 Pre Summary Form.pdf 09-00173 Public Notice.pdf 09-00173 E-Mail.pdf 09-00173 Letter.pdf 09-00173 Table of Contents.pdf 09-00173 Property Information.pdf 09-00173 Purchase and Sales Agreement 2.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0089 Chair Sanchez: Okay. That takes us to let's get one more item out of the way -- and then we'll go to the blue pages -- that was properly advertised for 10: 30, and that is -- we do have the interpreter here, and we want to make sure that we use her services as quickly as possible. Priscilla A. Thompson (City Clerk): PH.2. Chair Sanchez: PH.2. All right, PH.2. Alfredo Duran (Deputy Director): Good morning. Alfredo Duran, with the Department of Community Development. PH.2 is a resolution that authorizes the City Manager to consent to the assignment of Biscayne Housing Group, LLC (Limited Liability Company) to Teatro Marti Apartments LLC. Biscayne Housing Group in November 15 was -- this Commission approved the conveyance of the Teatro Marti sites for the development of a affordable rental elderly project on 4th and 8th Avenue Southwest. This resolution will allow for the assignment of their rights and obligations to Teatro Marti, a single asset corporation that will be the developer of the site. Additionally, it is setting a closing date to October 31, 2009, with a right to extend the closing date to June 30, 2010. These extensions are required as a result of their ability to get tax credit financing in the State of Florida. Chair Sanchez: We must be getting the same thing. Mr. Duran: And that's it. It's requesting the Manager's consent to assignment and the extension of the commencement and closing dates. Chair Sanchez: This is a project in Little Havana for affordable rental elderly housing. The reason that it's in front of us for the extension is because they need to secure the site so they could go after tax credits. If they don't get the tax credit, they're committed to build 25 units. If they are successful in obtaining the tax credits, then they build 70 units. So that's the reason why it's in here asking for the extensions to make sure that we give them ample time for them to go City of Miami Page 13 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 out and get that extension -- thank you so much -- ample time for them to be able to get the tax credit and be able to build the 70 units. So I would pass the gavel to Commissioner Sarnoff and make a motion. I know that it needs to be amended or a modification to it? Mr. Duran: No. This resolution authorizes the assignment of the contract that was approved in November to this new group, which is wholly owned by them -- Chair Sanchez: Okay. Mr. Duran: -- and it provides the additional extensions. Chair Sanchez: So moved. Commissioner Sarnoff. Second. Commissioner Regalado: Second. Commissioner Sarnoff. Oh, sorry. Chair Sanchez: All right. Commissioner Regalado: Second. Chair Sanchez: It is a resolution. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. It is a resolution; call the question. Commissioner Sarnoff. Resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. Any opposed? Chair Sanchez: All right. Commissioner Sarnoff. It passes unanimously. Chair Sanchez: So it passes. Thank you so much. Mr. Duran: Thank you. Chair Sanchez: All right. Let's move on now to the blue pages. First blue pages -- Madam Clerk, before we do that, are there any items we may have left out or --? I don't think so. Ms. Thompson: No. According to our listing here, PH.1 closes out that. We now can go into our district pages. Chair Sanchez: All right, so we go to the district pages, and District 1 has none. END OF PUBLIC HEARINGS City of Miami Page 14 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 RESOLUTION RE.1 09-00186 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.L., FOR THE REPRESENTATION OF THE CITY OF MIAMI ZONING BOARD AND THE CITY OF MIAMI COMMISSION IN CONNECTION WITH THE ADMINISTRATIVE APPEALS OF DENIALS OF BUILDING PERMITS FOR 1700 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, ZONING BOARD CASE NO. 09-00019 AND 1330 NORTHWEST 2ND COURT, MIAMI, FLORIDA, ZONING BOARD CASE NO. 09-00020; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 09-00186 Legislation.pdf 09-00186 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0079 Chair Sanchez: PH.2 is time certain for 10: 30, and we'll get back to that item at the appropriate time. RE.1. Julie O. Bru (City Attorney): Mr. Chairman, RE.1 is a resolution authorizing the expenditure of attorney's fees for the engagement of Weiss, Serota, Hellman, Pastoriza, Cole & Boniske for the representation of the City ofMiami Zoning Board and the City ofMiami Commission in connection with the administrative appeals of denials of building permits for 1700 Southwest 3rd Avenue, Zoning Board case number 09 00019 and 1330 Northwest 2nd Court, and that is Zoning Board case 09 0020 [sic]. This arises out of a conflict that we had in the office. We found ourselves advocating on behalf of the Department with respect to a decision that the Department of Planning and the Zoning administrator made, in fact; and at the same time, we are counsel to the Zoning Board, and we just couldn't do both. Commissioner Sarnoff. Move it. Chair Sanchez: Okay. Commissioner Gonzalez: Second. Chair Sanchez: There is a motion and a second. Discussion on the item? Madam Attorney, it -- the resolution reads "authorizing the expenditure of attorney's fees and costs." Do we -- would you feel better if we put a cap on it or --? Ms. Bru: I think the practice most recently has been not to put a cap because that seemed to have been sort of like a carte blanche that the firms would know, "Well, I have up to so much to spend." Instead, we've been negotiating very competitive rates. In this case, the firm has agreed to provide the services at a cost of $250 an hour, which is a very competitive rate for the kind of City ofMiami Page 15 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 work that we're requiring. Chair Sanchez: All right. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF RESOLUTION City of Miami Page 16 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 PART B: PLANNING AND ZONING ITEMS Chair Sanchez: Let's go ahead and -- Are there any PZ (Planning & Zoning) items that the Administration or anyone representing any of the PZ items will be asking for a continuance of any kind or a deferral? First, let's go ahead and get the Administration out of the way, and then we'll -- Pedro G. Hernandez (City Manager): Mr. Chairman, item PZ.11, which is to add transitional housing as a condition of principal use, we ask for the item to be deferred. Chair Sanchez: So that's PZ.11? Mr. Hernandez: Yes. Chair Sanchez: Okay. Mr. Hernandez: And we're also asking for item PZ.12, which is a variance appeal, 2898 Biscayne Boulevard, to be deferred to the Planning and Zoning meeting of April '09. Chair Sanchez: All right, April of '09? Priscilla A. Thompson (City Clerk): Is -- I'm sorry. I didn't get a date from you for your first one, PZ.11. Is there a date for that deferral? Mr. Hernandez: No, I don't have a date for it. Ms. Thompson: Okay, so we'll make that indefinite. Mr. Hernandez: Yes. Ms. Thompson: Okay. Mr. Hernandez: And on PZ. 12 is the one that I asked for the Planning and Zoning meeting of April. Ms. Thompson: April 23. Chair Sanchez: April 23, '09, okay. Any other items? Mr. Hernandez: No, Mr. Chairman. 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 THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. City of Miami Page 17 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 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 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. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12. Note for the Record: Items PZ.1 and PZ.2 were deferred to the City Commission meeting currently scheduled for May 28, 2009. Chair Sanchez: All right. The public? Bob De La Fuente: Good morning, Mr. Chair, members of the Commission. Bob De La Fuente, with law offices at 1441 Brickell. I'm here on behalf of Grove Harbor Marina and Caribbean Marketplace. It's item PZ.1. We're requesting a continuance until your May meeting. Chair Sanchez: Until the May meeting? Mr. De La Fuente: The May meeting, yes. Priscilla A. Thompson (City Clerk): That day will be May 28. City of Miami Page 18 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: Okay. Any other items? We're just going to vote on all of them together. Commissioner Gonzalez: What about PZ.2? Chair Sanchez: PZ.2 is also a companion. You need to do the same for that one, sir. Mr. De La Fuente: Correct. Chair Sanchez: And you need to state that on the record, sir. Mr. De La Fuente: This would also apply to PZ.2, Mr. Chair. Chair Sanchez: So your request is PZ.1 and PZ.2? Mr. De La Fuente: Yes. Chair Sanchez: Okay. Any other PZ (Planning & Zoning) item, request for deferral, continuance? Any other item? If not, can we have a motion on PZ.11, PZ.12, PZ.1, and PZ.2 -- Commissioner Sarnoff. So moved. Chair Sanchez: -- as stated names proffered by the City Manager and the applicant of the items? Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Any discussion on the item? Hearing no discussion on the item, all in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right, so we're left with PZ items. We should be done with them pretty quickly, and then we'll get to the blue pages. At this time what we're going to do is we're going to have a ten-minute recess and we'll be back. City ofMiami Commission meeting stands in recess until 11 -- I'm sorry, 10. [Later... Chair Sanchez: All right. City ofMiami Commission is back in order, after a brief recess. We are on PZ items. For the record, anyone wishing to speak or address this Commission on any of the Planning and Zoning items must be sworn in, so at this time, what we're going to do is we're going to ask you if you're going to speak on Planning and Zoning items, you need to stand up and be sworn in by the City Clerk. Madam Clerk. Ms. Thompson: If you are present and you will be speaking on any of the Planning and Zoning items, I please need you to stand so I can administer the oath. All right, Chair, no one's standing. Chair Sanchez: Those Planning and Zoning items, we're going to breeze through. All right, so we should be moving -- Ms. Thompson: I'm sorry; I think we have someone here. If you're going to be speaking on any Planning and Zoning item, P&Z item -- City ofMiami Page 19 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: Her item was continued, so she's -- Ms. Thompson: Oh. Chair Sanchez: Yes. Okay. 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 LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345xc. *See supporting documentation. PURPOSE: This will allow fewer setbacks than required for the Grove Harbour Marina and Marketplace project. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12. Note for the Record: Items PZ.1 and PZ.2 were deferred to the City Commission meeting currently scheduled for May 28, 2009. City of Miami Page 20 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Note for the Record: For minutes related to item PZ.2, see item PZ.1. PZ.3 07-00797Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-007971u Land Use Map.pdf 07-007971u Aerial Map.pdf 07-007971u PAB Resos.PDF 07-007971u CC Analysis.pdf 07-007971u CC Application & Supporting Docs.pdf 07-007971u CC Legislation (Version 2).pdf 07-007971u & 07-00797zc Exhibit A.pdf 07-007971u CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 16, 2008 by a vote of 7-2. Also recommended by a vote of 6-3 that if the City Commission is inclined to approve the Major Use Special Permit (MUSP), including the Land Use Change with a specific set of plans with no commercial intrusion into the residential area (as approved in the plans for MUSP 07-00797mu), the Planning Advisory Board has no objection to the approval of the Land Use Change. See companion File Ds 07-00797zc and 07-00797mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed La Quinta y La Ocho Major Use Special Permit. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13052 Chair Sanchez: All right, so we'll start with the PZ (Planning & Zoning) items. PZ.1 and 2 have been deferred. We go to PZ.3. You're recognized for the record. City of Miami Page 21 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Harold Ruck (Planner II): Good morning. Harold Ruck, with the Planning Department. PZ.3 is the consideration of an ordinance on second reading amending the future land use map of the Comprehensive Neighborhood Plan by changing properties located at approximately 826, 832, and 844 Southwest 5th Avenue, and 513, 515, 517, 519, 521, 531, 541, 551, 561, and 571 Southwest 9th Street from medium density multi family residential to restricted commercial. This is a companion item with PZ.4 for a zoning change and PZ.5 for a Major Use Special Permit for La Quinta and La Ocho Major Use Special Permit. Planning Department recommended denial. The Planning Advisory Board recommended denial, as well as recommending that if the Commission is inclined to approve the Major Use Special Permit, including land -use change with specific set of plans with no commercial intrusion into the residential are. The Planning Advisory Board had no objections to the approval of the land -use change. Thank you. Chair Sanchez: All right, PZ.3 is an ordinance on second reading. It has a companion item of PZ.4. PZ.4 will come after PZ.3, and that's where the covenant will be proffered; so we'll address any issues pertaining to the covenant on PZ.4. All right, is there anyone here on this item that would like to speak for or against PZ.3, which is an ordinance on second reading? After it is approved here today, it becomes law. Anyone? Seeing no one, the public hearing is closed, and it comes back to the Commission. Need a motion. Commissioner Regalado: Move it. Chair Sanchez: Need a second. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Sarnoff. Discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Priscilla A. Thompson (City Clerk): Chair? Chair Sanchez: Yes. Ms. Thompson: It's an ordinance. Chair Sanchez: Oh, I do apologize. 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. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4 0. PZ.4 07-00797zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 37, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE City of Miami Page 22 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE AND 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00797zc Zoning Map.pdf 07-00797zc Aerial Map.pdf 07-00797zc ZB Reso.PDF 07-00797zc CC Analysis.pdf 07-00797zc CC Application & Supporting Docs.pdf 07-00797zc CC Legislation (Version 2).pdf 07-007971u & 07-00797zc Exhibit A.pdf 07-00797zc CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on February 25, 2008 by a vote of 6-3. See companion File Ds 07-007971u and 07-00797mu. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-25 SW 8th Street Special Overlay District for the proposed La Quinta y La Ocho Major Use Special Permit. Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13053 Chair Sanchez: All right. PZ.4, it's an ordinance on second reading. This is a companion -- Roberto Lavernia (Chief of Land Development, Planning Department): Yes. Chair Sanchez: -- to PZ.3. Mr. Lavernia: Yes, sir. Good morning. For the record, Roberto Lavernia, with the Planning Department. PZ.4 is the companion item, zoning change. The Planning Department is also recommending denial, due to the fact of commercial intrusion into residential. The applicant offered at first reading a covenant for a -- and a specific set of plan. They have no commercial intrusion into the residential, and they have the Major Use for that, which is the next item. As City of Miami Page 23 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 stated by Mr. Ruck, it was the Planning Advisory Board recommendation that they have two motions, one for denial and one for -- saying that if the Commission is willing to accept the covenant for that specific set of plans, they have no objection. The Planning Department will have no objection also to the approval of the Major Use. Thank you. Chair Sanchez: All right. So, basically, this is the covenant that ties the zoning to a specific MUSP (Major Use Special Permit), which is the next item, which is PZ.5? Mr. Lavernia: Yes, sir, with a specific set of plans. Chair Sanchez: With a specific set of plans. Okay, is the applicant ready? Ben Fernandez: Yes, Mr. Chair. We're getting our exhibits up as we speak. My name is Ben Fernandez. I'm with Bercow Radell & Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner, Brickell Square, LLC (Limited Liability Company). With me is Mr. Abe Podolsky, who's the principal of Brickell Square, T,T C. Also with me is Mr. Anthony Garcia, Chael, Cooper & Associates, our project architect. Mr. Garcia and Chael, Cooper & Associates are an architectural firm that is affiliated with Dover Kohl & Partners, a firm that's well known for their municipal redevelopment work, including our own City ofMiami Biscayne Boulevard Redevelopment Plan. Ms. Chael and Mr. Garcia have designed the project that's before you in a manner that is consistent with new urban principles but also is very true to classic -style architecture. It borrows loosely this design from classic buildings in Havana, as Mr. Garcia, Ms. Chael will explain to you a little bit later in the presentation. The project is a mixed -use project with both commercial uses, retail and office uses, approximately 20,000 square feet of each, as well as residential units, 232 residential units. We think that this project is going to help to bridge East Little Havana with West Brickell, which is very much necessary at this time. It's going to strengthen the nexus of residential and retail uses in this part of 8th Street, which is a part of 8th Street that's very visible to everyone that drives into downtown Miami. Chair Sanchez: Ben, I'm sorry to interrupt you; you got here late, and I've been advised by the City Clerk that you have not been sworn in, so we're going to take this opportunity to swear you in and anyone giving any testimony pertaining to this item -- Mr. Fernandez: Thank you. Chair Sanchez: -- for the record. So, Madam Clerk, can we swear them in, please. Priscilla A. Thompson (City Clerk): Is there anyone else? Chair Sanchez: Is there anyone else that'll be testing in any of the PZ items? You need to be sworn in. Please stand up and raise your right hand and be sworn in by the City Clerk. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sanchez: So help you God. Mr. Fernandez: So help me God. As I was saying, Mr. Chair, this project is on a property that's approximately 2.3 acres in size. It's a block away from I95, a stone's throw from the on -ramp and the off -ramp to I95. It's a principle entrance into downtown Miami. In this area, 8th Street is a three lane roadway offast-moving traffic, and this building is going to bring a better scale to that portion of 8th Street, make it even more pedestrian friendly than it is today. (INAUDIBLE) and you could see that -- it's currently developed with some unsightly parking, a surface parking City ofMiami Page 24 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 area that takes up almost an entire block on Southwest 8th Street. There's also a large pylon sign at the corner of this property that would obviously be removed as a part of the redevelopment of this site. In the back part of the property along Southwest 9th Street, what you have is a series of nonconforming apartment buildings that they do not have sufficient parking based on current Code requirements. So what you have is a situation that's really ubiquitous along the first street that parallels Southwest 8th Street. You have overflow parking on the street itself. The character of this area has begun to change slowly. There is the Alliance Francaise, which is the French Cultural Institute that was previously located on Coral Way, took a big chance, I think -- and they should be commended for this -- by relocating to a small property right next to this -- almost next to this by the Brickell Collision Center, which you can see in the photographs. You can see the photograph of the Alliance Francaise as well. There's also a new car wash that was recently approved by the Zoning Board across the street from this; a new pharmacy that is opening. There're some popular restaurants in the area. This is the one glaring eyesore in the area, and we think that this project is going to be, you know, cleaning up the area. It's going to be consistent with the principles ofMiami 21 in the sense that it's going to provide a transition into the neighborhood. There is a three story typical R-3-type development on Southwest 8th Avenue catty corner from this site that you see in the photographs next to the Alliance Francaise. The back portion of this development is going to be essentially consistent with that style of apartment development at approximately 50 feet in height and exclusively residential. We really don't have any objections to this application that we're aware of. We have -- we've met with the Alliance Francaise; they're supportive of the application, as is the car wash developer across the way and other area property owners. We're here to answer any questions about the project if you have any. Chair Sanchez: Counsel, do you have anyone else that will be providing testimony on this item? Mr. Fernandez: We have our architect ready to respond to questions about it, but we don't have anyone else to present. Chair Sanchez: All right. As the district Commissioner on this item, you have no entrance from 8th Street. Your entrance is from 9th and 8th, correct? Mr. Fernandez: From 5th. Chair Sanchez: From 5th. Mr. Fernandez: Only from 5th. There's an exit on 9th, but our entrance is -- Chair Sanchez: Well, that artwork shows me there's also an exit on 9th, okay. So the purpose is there is no entrance from 8th Street. Okay. You're talking about the easements, all right, and landscaping. Where are we at with the landscaping? Anthony Garcia: There are street trees along 8th Street -- Ms. Thompson: I'm sorry, Chair; can we get a name first? Mr. Garcia: Anthony Garcia. Ms. Thompson: Thank you. Mr. Garcia: There are street trees along 8th Street and along 5th Avenue, as well as 9th Street, with landscaping also in the courtyard that separates the two buildings. On the amenity deck, as well, there is what we call a hammock. It's all native trees, all, you know, low maintenance, low drought -tolerant plants; and that would also be -- you know, this would be the garden side. The 9th Street is the garden side and -- City ofMiami Page 25 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: And that's when you have the transition into the neighborhood. Mr. Garcia: That's right. Chair Sanchez: Okay. Mr. Garcia: Correct. Chair Sanchez: So what size trees will you be planting? Mr. Garcia: I don't know that yet. I mean, they would be consistent with whatever the requirements are for planting in the City ofMiami. Chair Sanchez: The covenant that you're proffering, counsel, what ? Mr. Fernandez: I believe we have 12-foot tall at time of planting. Chair Sanchez: Well -- Mr. Fernandez: It's in the Major Use conditions -- Chair Sanchez: You know, I -- Mr. Fernandez: -- in our landscape plan. Chair Sanchez: Twelve feet to some may look like twelve feet, and then -- in the past, when we have this type of development, you know, you go out there and you go twelve feet, and it's really five or six feet; so we gotta make sure that when we have -- when we're buffering zones -- because you're basically going -- transition into single family home on the other side. No, R 3. Mr. Fernandez: R 3. Chair Sanchez: R-3. Mr. Fernandez: It's R-3. Chair Sanchez: Yes. Mr. Fernandez: And good point, Commissioner, because I really wanted to emphasize this photograph. The project that you see here -- Chair Sanchez: That's in the corner. That's my district. Mr. Fernandez: It's a brand-new project. Chair Sanchez: I drive through there all the time, so I know. Mr. Fernandez: I know you're familiar with it. Chair Sanchez: And the pharmacy that you said opened up, it's not opening up; it's remodeling, Continental Pharmacy. Mr. Fernandez: Remodeling. But this is the -- this is what we're having across from that project. This is catty -corner from it, so -- City ofMiami Page 26 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: But, see, I see that; andl see one, two, three trees that, you know -- andl know the picture isn't what it reflects. I just want to make sure that we do provide the ample landscaping for the project because the project's a beautiful project, but if you don't have the proper landscaping, it's a concern that we have. So I want to have in your covenant, which you will proffer, to make sure that the trees are adequate trees. Mr. Fernandez: Absolutely. Chair Sanchez: Now, don't tell me 12 feet because I've been down that road before. When they say 12 feet, and then you go out there and they're 4 feet. Mr. Fernandez: Right. And we're willing to make that commitment. Chair Sanchez: Okay. Mr. Fernandez: I have the owner here today, and he's more than willing to make that commitment and abide by that condition. Chair Sanchez: What kind of trees? Mr. Fernandez: Oaks. Chair Sanchez: Oaks. Oaks are good. Ms. Thompson: Chair -- Commissioner Gonzalez: Speak on the mike. Ms. Thompson: I'm sorry, Chair; the mike. Chair Sanchez: See, everything you say here goes on paper. That's the beauty of this. Mr. Garcia: They would all be of the species that would have been here originally. They're hammock trees. They're going to provide a lot of shade for the site. I'm a native buff and I'm making sure that these trees are specified to be native, to be -- Chair Sanchez: Counsel, can you put language in your covenant to assure that what you say is what you'll do? Mr. Fernandez: Absolutely. Chair Sanchez: Okay. Parking. Mr. Fernandez: Our parking is -- all parking -- all required parking is provided. We anticipate that, you know, there's going to be adequate parking, particularly when you take into account the on street parking that's available on Southwest 8th Street. We have a total of 232 units, and we have a total of 489 spaces provided for the entire project. Chair Sanchez: On the residential component, all parking is behind. Mr. Fernandez: All parking is behind. That's a good point. It's also going to reduce the amount of on street parking. All of the cars that access the apartments on 9th will access from 5th Avenue, much like other projects on Coral Way, such as the Gables Marquis project that took the traffic off of 22nd Terrace. City of Miami Page 27 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: All right. So can you proffer the covenant? Mr. Lavernia: Roberto Lavernia again. Yes. The item that was presented was the zoning change. We haven't had the opportunity to present the Major Use with the condition that the Planning Department is imposing. I would like to have the opportunity to put -- Chair Sanchez: That's the next item, PZ.5. Mr. Lavernia: Since they are talking about the project and the details that you're requesting, we would like to have the opportunity to present our conditions -- Chair Sanchez: Okay. Mr. Lavernia: -- and put it on the records, and then you will have the facility to -- Chair Sanchez: All right. Mr. Lavernia: -- (UNINTELLIGIBLE) whole information. Chair Sanchez: Any further discussion on PZ.4? Commissioner Sarnoff. All right. Just as a friendly suggestion to you -- you know, I -- you should be looking for 4 to 5 inch dbh (diameter at breast height) at a minimum of about 18 feet. And also, I just received a report from the County which suggests that 70 percent of all the trees we plant within six years die. So if we irrigate them -- if you have them irrigate the trees, that might be a laudable purpose I know that you'd try and obtain. Chair Sanchez: All right. Yes, sir. Mr. Lavernia: The Planning Department is recommending approval of the Major Use, as I have been working closely with the applicant. We have one condition related to design that I'm going to read to have it on the record. Pursuant to the design -related comments received by the Planning director, the applicant shall meet the following conditions: one, verin, the amount of encroachment allowed by the Zoning Department; two, articulate the west facade exploring ways to treat the blank walls along this facade; and three, verin, FEMA's (Federal Emergency Management Agency's) finish floor requirement for the site and indicate how the design of the colonnade and sidewalk will address this requirement. Also, the final plans needs to be approved by the Planning Department, including the landscape plan. In order to take into consideration your request, we would like to have the opportunity to approve the final plan and be sure that the diameter of the canopy of the trees and the irrigation and illumination are also included in that plan. Chair Sanchez: Perfect. All right, any further discussion on PZ.4? It's an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Madam Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Actually, I have not recorded a mover or a seconder. Chair Sanchez: All right, it's my district. I'll pass the gavel to Commissioner Sarnoff. I'll make City of Miami Page 28 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 a motion to approve. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Ms. Thompson: Okay. All right, so -- Chair Sanchez: You're acting as Chair. Ms. Thompson: -- then I want to -- so I have the mover as being -- Commissioner Sarnoff. Commissioner Sanchez -- Ms. Thompson: -- Sanchez -- Commissioner Sarnoff. -- seconder -- Ms. Thompson: -- and the seconder as -- Commissioner Sarnoff. -- Commissioner Regalado. Ms. Thompson: Thank you. On your roll call, please, and this is on the second reading. No modification, no changes on PZ (Planning & Zoning) -- Maria," Chiaro (Deputy City Attorney): Accepting the proffered covenant. Ms. Thompson: Thank you. So it is modified because of the covenant? Chair Sanchez: Yes. Ms. Thompson: Thank you. Chair Sanchez: Yes, ma'am. Ms. Thompson: Thank you. A roll call was taken, the result of which is stated above. Ms. Thompson: Then the ordinance has been adopted on second reading, as amended, 4-0. PZ.5 07-00797mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE LA QUINTA Y LA OCHO PROJECT, TO BE LOCATED AT APPROXIMATELY 504 SOUTHWEST 8TH STREET; 826, 832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561, AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, SUCH PROJECT TO BE COMPRISED OF A MIXED -USE MULTIFAMILY -RESIDENTIAL BUILDING WITH APPROXIMATELY 232 RESIDENTIAL UNITS, APPROXIMATELY 262,340 SQUARE FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 20,946 SQUARE FEET OF RETAIL FLOOR AREA, APPROXIMATELY 20,173 SQUARE FEET OF City of Miami Page 29 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 OFFICE FLOOR AREA, AND APPROXIMATELY 489 TOTAL PARKING SPACES, WITH A MAXIMUM HEIGHT OF APPROXIMATELY 142 FEET 6 INCHES N.G.V.D.; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00797mu PAB Reso.PDF 07-00797mu Zoning Map.pdf 07-00797mu Aerial Map.pdf 07-00797mu Projects in the Vicinity Map.pdf 07-00797mu MUSP Book Cover Page.pdf 07-00797mu Table of Contents.pdf 07-00797mu A. Letter of Intent.pdf 07-00797mu B. Applications for MUSP, Amenment to Zoning Atlas & Amendment to Comprehensi 07-00797mu C. Zoning Write Up.pdf 07-00797mu D. Legal Description.pdf 07-00797mu E. Aerial.pdf 07-00797mu F. Zoning Atlas Page 37.pdf 07-00797mu G. Project Data Sheet.pdf 07-00797mu H. Warrenty Deeds and Tax Forms.pdf 07-00797mu I. Ownership List and Mailing Labels.pdf 07-00797mu J. State of Florida Corporate Documents.pdf 07-00797mu K. Directory of Project Principals.pdf 07-00797mu L. Project Description.pdf 07-00797mu M. Minority Construction Employment Plan.pdf 07-00797mu N. Sufficiency Letter and Traffic Impact Analysis.pdf 07-00797mu O. Site Utility Study.pdf 07-00797mu P. Economic Impact Study and Environmental Impact Analysis.pdf 07-00797mu Q. Site Plans for Property including Survey and Photos of Property.pdf 07-00797mu Environmental Assessment Report.pdf 07-00797mu Miami -Dade Aviation Department Analysis.pdf 07-00797mu School Board Review Analysis.pdf 07-00797mu Legislation (Version 2).pdf 07-00797mu Exhibit A.pdf 07-00797mu Exhibit B.pdf 07-00797mu CC 02-26-09 Fact Sheet.pdf LOCATION: Approximately 504 SW 8th Street, 826, 832 and 844 SW 5th Avenue, 513, 515, 517, 519, 521, 531, 541, 551, 561, and 571 SW 9th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 16, 2008 by a vote of 5-4, with the additional condition that if the Major Use Special Permit expires, the City has the right to apply for the Land Use Change to revert back to "Medium -Density Multifamily Residential'. See City of Miami Page 30 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 companion File Ds 07-007971u and 07-00797zc. *See supporting documentation. PURPOSE: This will allow the development of the La Quinta y La Ocho project. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-09-0088 Chair Sanchez: All right, PZ.5, which is a companion to 4 and 3, is the MUSP (Major Use Special Permit). Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. Chair Sanchez: Okay. You're recognized for the record. Mr. Lavernia: We just want to put what I just said, that the condition that the Planning Department, plus the one that we have the final say in the final set of plans as part of a building permit. Chair Sanchez: All right. Counsel, want to state anything for the record? Ben Fernandez: Mr. Chair, I'm just going to turn it over to Marice Chael, of Chael, Cooper & Associates, to describe the building to you a little bit. Chair Sanchez: Okay. Marice Chael: Yes. Good morning. And, basically, we're very pleased -- Chair Sanchez: Ma'am? Ms. Chael: -- to be here with this building. Chair Sanchez: Ma'am -- Commissioner Sarnoff. State your -- Chair Sanchez: -- name and address -- Ms. Chael: Oh. Chair Sanchez: -- for the record, please. Ms. Chael: Okay. Marice Chael, Chael Cooper, architects, 1571 Sunset Drive, Coral Gables. Basically, what you see before you today is a boulevard -- a building looking forward to the transition of Calle Ocho of a true urban boulevard. With its proximity to downtown, we saw it fitting that the building meet the street in a very urbane manner; and unlike some of the and close to its proximity to downtown, anticipates a vision of 8th Street as a world -class boulevard. Now, one thing that differentiates this building from other buildings -- I know that, you know, we've had other buildings that jump up the scale on Calle Ocho -- is that this one basically is very respectful to the pedestrian witness that along Calle Ocho there are no curb cuts, you know, City of Miami Page 31 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 and -- you know, for garage or service access. And also and so it's very respectful, and it's very urbane along 8th Street. And also to its neighbors, its residential neighbors to the rear, it meets the scale of the apartment buildings. We took one of my favorite buildings in old Havana is the Bacardi building, which is very civilized. It has -- it's a landmark. It has very recognizable deco features. And so we took that as inspiration and -- for this building, which I think will be very, very appropriate to the Cuban heritage. And so copies of the building, you know, for your reference, are also in your packet. Chair Sanchez: All right. Thank you. All right, basically, this is the MUSP that ties everything together for this project, okay? So we would need a motion. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Chair Sanchez: Motion has been made by Commissioner Sarnoff, second by Commissioner Gonzalez. It is a resolution, PZ (Planning & Zoning) item. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Congratulations. Mr. Fernandez: Thank you very much, Commissioner. Chair Sanchez: Thank you so much. PZ.6 07-00793Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 411 AND 421 NORTHEAST 61ST STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-007931u Analysis.pdf 07-007931u Land Use Map.pdf 07-007931u & 07-00793zc Aerial Map.pdf 07-007931u PAB Reso.PDF 07-007931u Application & Supporting Docs.pdf 07-007931u CC Legislation (Version 2).pdf 07-007931u & 07-00793zc Exhibit A.pdf 07-007931u CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): James Robert Robinson and John Assalone, Managers, on behalf of Lemon City Prop., LLC City of Miami Page 32 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 19, 2007 by a vote of 7-0. See companion File ID 07-00793zc. PURPOSE: This will change the above properties to General Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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 13054 Chair Sanchez: All right, PZ. 6. It's an ordinance on second reading. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.6 and PZ.7 are companion items, land use and zoning change. Chair Sanchez: Okay. Mr. Lavernia: This is the second reading. The first reading was approved on December 11, 2008. The -- originally, the recommendation of the Planning Department was for denial, and the Planning Advisory Board also recommend denial on September 19 by a vote 7 0. The Zoning Board recommended approval to City Commission on September 8 by a vote of 51. The original recommendation was based on the conditions of 11000 that we were trying to buffer the C-2 from the residential and the activities that are in the park and the supermarket and the library that is in front. We have no objection to the change. Chair Sanchez: All right. The district Commissioner is not here, but the district Commissioner, looking at the record, did make a motion to approve; and think, to my understanding, she's in support, so can we get a motion on this item? Commissioner Gonzalez: That was going to be my question, how the district Commissioner voted on the item on the first reading. So having knowledge that the district Commissioner supported the item on the first reading, I'm ready to make a motion. Chair Sanchez: All right, there's a motion. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: All right, there's a motion and a second. It is an ordinance on second reading. It's in front of us. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Hearing no further discussion on the item, it is a resolution 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. Madam Clerk, a roll call. Priscilla A. Thompson (City Clerk): Yes, sir. On your roll call. A roll call was taken, the result of which is stated above. City of Miami Page 33 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Ms. Thompson: I record three votes in favor on second reading adopting the ordinance, 3 0. Chair Sanchez: All right, the resolution passes. Would you like to say something? Unidentified Speaker: No, no. I'm just the owner. Chair Sanchez: All right. Just maybe a "thank you?" Unidentified Speaker: Oh, thank you. No. Definitely. I didn't -- Chair Sanchez: All right. Unidentified Speaker: -- know if it was all done yet or not. Chair Sanchez: Yes, it's done. Unidentified Speaker: Okay. Do I have to do 7 too or --? Chair Sanchez: Yes. PZ.7 07-00793zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 411 AND 421 NORTHEAST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00793zc Analysis.PDF 07-00793zc Zoning Map.pdf 07-00793zc Aerial Map.pdf 07-00793zc Application & Supporting Docs.PDF 07-00793zc Warranty Deed Page 2 of 2.pdf 07-00793zc ZB Reso.PDF 07-00793zc CC Legislation (Version 2).pdf 07-007931u & 07-00793zc Exhibit A.pdf 07-00793zc CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): James Robert Robinson and John Assalone, Managers, on behalf of Lemon City Prop., LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on September 8, 2008 by a vote of 5-1. See companion File ID 07-007931u. PURPOSE: This will change the above properties to C-2 Liberal Commercial. City of Miami Page 34 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 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 13055 Commissioner Gonzalez: Mr. Chairman, I'm ready to make a motion on PZ.7, which is a companion to PZ.6. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up -- Commissioner Gonzalez: And a matter of record, it was also voted on favorably by the district Commissioner. Chair Sanchez: Yes. Okay. It's a public hearing. Anyone from the public wishing to address this item? We are on PZ.7, which is a companion ofPZ.6. Anyone wishing to address this Commission, please step forward and be recognized? Seeing no one, the public hearing is closed, coming back to the Commission. Hearing no further discussion on the item, PZ.7 is 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3 0. Unidentified Speaker: Thank you, Commission. Chair Sanchez: All right. Thank you. That's PZ.7. PZ.8 08-00542Iu ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3628 NORTHWEST 21 ST COURT, MIAMI, FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading City of Miami Page 35 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 08-005421u Analysis.pdf 08-005421u Land Use Map.pdf 08-005421u Aerial Map.pdf 08-005421u Letter of Intent.pdf 08-005421u Application & Supporting Documents.pdf 08-005421u PAB Resos.pdf 08-005421u CC Legislation (Version 2).pdf 08-005421u & 08-00542zc Exhibit A.pdf 08-005421u CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 3628 NW 21 st Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Herminio San Roman, Esquire, on behalf of P.O.R. Investment, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 18, 2008 by a vote of 5-3. Also recommended that if the City Commission, at its discretion, accepts a covenant with a specific set of plans for this project and grants the land use change, the Planning Advisory Board has no objection, by a vote of 6-2. See companion File ID 08-00542zc. PURPOSE: This will change the above property to Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13056 Chair Sanchez: We move on to PZ.8. PZ.8 is an ordinance also on second reading. Roberto Lavernia (Chief of Land Development, Planning Department): Mr. Chairman? Chair Sanchez: Yes. Mr. Lavernia: May I present both items together? Chair Sanchez: Please do, so we could -- Mr. Lavernia: PZ.8 and PZ.9 are companion items. PZ.8 is a land -use change, and PZ.9 is the Zoning change. This is the second reading. It was approved on first reading on January 29, 2009. The Planning Department recommended original denial on both cases. We have been working closely with the applicant. They are willing to offer a covenant that we have reviewed just to be sure that that area is going to be used only for parking. And in the covenant is also attached the illumination of the front of the building and heavy landscaping in the parking area, including the existing parking area. We have no problem with the covenant. We review it, and it's ready to be recorded. So we have no objection to the change. Commissioner Gonzalez: So you have already revised the covenant? City of Miami Page 36 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Mr. Lavernia: Yes, sir. Commissioner Gonzalez: And you are in agreement with it? Mr. Lavernia: Yes, sir. Commissioner Gonzalez: All right. Mr. Chairman, I'm making a motion on PZ.8. Commissioner Regalado: Second. Chair Sanchez: All right, the covenant comes in PZ.9. So there's a motion by -- Mr. Lavernia: PZ.9 -- on PZ.9 -- Chair Sanchez: -- Commissioner Gonzalez. Commissioner Gonzalez: Yeah. Chair Sanchez: It's PZ.9. Who made the second? Priscilla A. Thompson (City Clerk): Commissioner Regalado. Commissioner Sarnoff. Commissioner Regalado. Chair Sanchez: Commissioner Regalado second it. This is an ordinance on second reading. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for deliberation. All right, Madam Attorney -- any further discussion? Hearing no discussion, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4 0. PZ.9 08-00542zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) AMENDING PAGE NO. 19, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3628 NORTHWEST 21ST COURT, MIAMI, FLORIDA, WITH A COVENANT TO BE PROFFERED FOR CITY COMMISSION FOR FINAL APPROVAL; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading City of Miami Page 37 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 08-00542zc Analysis.PDF 08-00542zc Zoning Map.pdf 08-00542zc Aerial Map.pdf 08-00542zc Letter of Intent.pdf 08-00542zc Application & Supporting Docs.pdf 08-00542zc ZB Reso.PDF 08-005421u & 08-00542zc Exhibit A.pdf 08-00542zc CC Legislation (Version 3).pdf 08-00542zc CC SR 02-26-09 Fact Sheet.pdf LOCATION: Approximately 3628 NW 21 st Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Herminio San Roman, Esquire, on behalf of P.O.R. Investments, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 14, 2008 by a vote of 9-0. See companion File ID 08-005421u. PURPOSE: This will change the above property to C-1 Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13057 Chair Sanchez: All right, PZ.9. PZ.9 is an ordinance on second reading. It's the companion for PZ.7 [sic]. This is where the covenant takes effect. Want to put something in the record? Roberto Lavernia (Chief of Land Development, Planning Department): Just that -- to advise the -- Madam City Clerk that PZ.9 is where the covenant is going. Priscilla A. Thompson (City Clerk): Thank you. Chair Sanchez: All right. Commissioner Gonzalez: I do have a question. When are they opening this supermarket? Herminio San Roman: Commissioner, I need to be sworn in before I answer it. Ms. Thompson: That's correct. He's not been sworn in yet. Chair Sanchez: All right, let's swear you in. Ms. Thompson: Is there anyone else in the audience who will be testifying on any P&Z (Planning & Zoning) items because we must swear you in? Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. City of Miami Page 38 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Mr. San Roman: Good morning, Mr. Chairman and members of the Commission. As soon obviously as we get our permits, we'll proceed with doing the parking lot, the entire parking lot area; and hopefully, by June of this year we'll be able to open the facilities. Ms. Thompson: And we do need a name for the record. Mr. San Roman: For the record, Herminio San Roman, with offices at 12515 Kendall Drive. Commissioner Gonzalez: Thank you. Chair Sanchez: All right. So there's a motion and a second. Commissioner Gonzalez: Motion on PZ.9, yes. Chair Sanchez: All right. And a second? Anyone for the record? Was there a second? Commissioner Sarnoff.. Second. Chair Sanchez: Okay, second by Commissioner Sarnoff. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. It's an ordinance on second reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. And I'm listing this as a modified second reading ord -- Maria J. Chiaro (Deputy City Attorney): It is not modified Chair Sanchez: It's not -- Ms. Chiaro: I read the ordinance as contained in the package with the proffered covenant. Ms. Thompson: Okay. Thank you. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4 0. PZ.10 08-01419zt 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 9, SECTION 916, ENTITLED "INTERIM PARKING", IN ORDER TO REMOVE THE SUNSET PROVISION OF THIS SECTION, ADD A NEW FORM OF INTERIM PARKING, PROVIDE FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOW FOR TIME EXTENSIONS WITH REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 39 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 08-01419zt Police Department Top Areas of Concern.pdf 08-01419zt PAB Reso.pdf 08-01419zt CC Legislation (Version 4).pdf 08-01419zt CC SR 02-26-09 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 December 3, 2008 by a vote of 6-0. PURPOSE: This will allow for the continuation of interim parking facilities by special permit with new requirements that will ensure compliance with minimum parking lot standards over a period of five years. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones 13058 Chair Sanchez: All right. PZ.10, it's also an ordinance on second reading, and this one, I believe, has been modified; correct? Lourdes Slazyk (Zoning Administrator): I believe there is going to be a modification made -- Chair Sanchez: Okay. Ms. Slazyk: -- on the floor. For the record, Lourdes Slazyk, Zoning administrator. PZ.10 is second reading of the reactivation of the interim parking ordinance. It's been recommended for approval by PAB (Planning Advisory Board) and adopted by this Commission on first reading. And we did make the modifications that Commissioner Regalado had requested at first reading to allow the dog track property to quali. The language we added was to allow the venues of over ten acres that are of a sufficient scale that warrant this to also be included in the special use areas. Commissioner Regalado: Mr. Chairman, ifI may? Chair Sanchez: Yes, sir. Can we get a motion and a second before we --? Commissioner Regalado: Move it. Chair Sanchez: All right. Commissioner Sarnoff.. Second. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Sarnoff. Discussion on the item. City of Miami Page 40 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Commissioner Regalado: Mr. Chairman, thank you. Yesterday on the briefing, we discuss, Lourdes, the Metrorail stations; and the reason that we did that -- and the Manager and Orlando Toledo were there is because, as you know, the trend in the County was and probably will be -- whenever the economy recoups -- that they will be building different structures within the parking lot of terminals, and we know that 27th, that 37 -- so it is important that we can give the area the possibility. Because you know, the whole debate about the 27th Avenue was the overflow parking of the construction that was scheduled to happen there. It didn't, but -- so -- andl think -- and Orlando and the Manager discussed that -- if we were to include the Metrorail stations -- as a matter of fact, they have more than ten acres altogether. Ms. Slazyk: Yeah. Commissioner Regalado: This is a public facility, so -- Ms. Slazyk. Right. The -- my only -- I don't think we can include the actual stations because they're out of our jurisdiction. Commissioner Regalado: I understand that. Ms. Slazyk. If a major attraction or a major government facility were to be located at one of the stations, they would qualin, under the way this is written now. But the stations themselves, any parking -- surface parking they remove, they're going to have to replace with whatever development comes, and we don't have permitting rights on the stations. But the way this is written, it allows this -- interim special use areas include entertainment districts, but it also includes government facilities or institutional uses whose scale and operation warrant this sort of daily use. So if -- let's say the 27th or 37th Avenue station were to include a government building or an institutional building as part of the station, I think they would qualify now. The stations themselves are not in our jurisdiction. I don't think we can do anything -- Commissioner Regalado: The problem -- Ms. Slazyk. We can encourage it. Commissioner Regalado: No. The problem with that is that we don't know. Ms. Slazyk. We don't know, exactly. Commissioner Regalado: Since it's not our jurisdiction -- Ms. Slazyk. Exactly. Commissioner Regalado: -- we don't know. Ms. Slazyk. Exactly. Commissioner Regalado: They can plan whatever they want. So the ordinance could be, in itself, old. You know what I mean? Ms. Slazyk. Yeah. I think that at the time when we actually find out what's going on at the stations is probably the appropriate time to address it. Orlando just reminded me, we do not have the jurisdiction or final approval rights for the stations, but we do have two votes on the RTDIC. The City ofMiami has two representatives, so we will have a heads up, and we will know what's coming through our participation in RTDIC. But if it's government or institutional or a special use area of some kind, they're already included. Anything other than that, it might be City ofMiami Page 41 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Commissioner Regalado: Oh, it's fine, but -- Ms. Slazyk: -- you know, I -- we just got to keep an eye on it, I think. Commissioner Regalado: The last question is how long -- well, how far has to be from entertainment? Ms. Slazyk. A thousand foot radius. Anything more than that is probably not something people are willing to walk, so we put a thousand foot radius in. Commissioner Regalado: And what is an entertainment? Ms. Slazyk. The entertainment districts are the downtown, like the -- Commissioner Regalado: No. I understand that -- Ms. Slazyk. Okay. Commissioner Regalado: -- but -- Ms. Slazyk. Also the dog track, it's an -- a thousand foot radius. Any other -- any special use areas defined herein, the parking on these type of lots has to be within a thousand feet of the area they're intended to serve. So when an application comes in, we'll be requesting a survey to make sure they're within the thousand feet. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Chair Sanchez: All right. Any further questions? It's an ordinance on second reading. We're going to open it up to the public. Anyone from the public wishing to address this item, please step forward and be identified. Seeing no one, the public hearing is closed, coming back to the Commission. We have a motion and a second. Can we state the modifications for the record? Ms. Slazyk. Yes. The modification that I understood was going to be requested was in Section 916.2.3 in the types of interim special use areas. We're going to be adding -- after the word "entertainment district" in the first paragraph, we're going to be adding "designated commercial historic districts." There is only one in the City right now and it could greatly benefit from having some additional interim parking. And in Section 916.3, we're going to add -- the first sentence is going to read "in lieu of providing a park like appearance as described above, parking facility may be paved or consist of any combination of paving gravel and grass upon approval by the City of a sufficient alternate drainage system." Not all the lots are complete grass; some of them have combinations of gravel and paving, and as long as they meet their drainage, that's -- you know, that'll be approved, so -- and we're okay with those changes. Chair Sanchez: All right, so as modified. Okay. No further discussion on the item. Madam Attorney, read the ordinance into the record, as modified followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City of Miami Page 42 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Ms. Thompson: The ordinance has been pass -- I'm sorry -- adopted on second reading, as modified, 3 0. Chair Sanchez: Okay. Ms. Thompson: Thank you. PZ.11 09-00022zt ORDINANCE Tranmittal. First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 9, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" AND SECTION 934, ENTITLED "COMMUNITY RESIDENTIAL HOMES AND COMMUNITY BASED RESIDENTIAL FACILITIES", IN ORDER TO ADD TRANSITIONAL HOUSING AS A CONDITIONAL PRINCIPAL USE FOR R-3 AND MORE LIBERAL DISTRICTS, SUBJECT TO CERTAIN LIMITATIONS, PROVIDING FOR SPECIAL PERMIT REQUIREMENTS AND CRITERIA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Item #1- 09-00022zt- Transitional Housing- PAB_01.21.09.pdf 09-00022zt PAB Reso.pdf 09-00022zt CC Legislation (Version 2).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 January 21, 2009 by a vote of 8-0. PURPOSE: This will allow the addition of transitional housing as a conditional principal use for R-3 and more liberal districts, subject to certain limitations, providing for special permit requirements and criteria. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12. Note for the Record: Item PZ.11 was indefinitely deferred. Note for the Record: For additional minutes related to item PZ.11, see item PZ.1. Chair Sanchez: PZ.11 and 12 have been deferred. We move on -- City of Miami Page 43 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Commissioner Regalado: Chairman, on PZ.11, I know it has been deferred, but just to inform the members of the Commission and the Administration, the Homeless Trust, as you know, meets once a month in the County building, but tomorrow the Homeless Trust will be meeting at Lotus House; and there was a -- there is a tour scheduled about the new facility that they're offering for the single mothers in the area. I just wanted you to be aware that they have expectations in terms of what's going to happen tomorrow, so Mr. Manager. Pedro G. Hernandez (City Manager): Right. Commissioner, we have spoken to the representatives of the Lotus House, and we have told them that of course we support the cause, but we want to find maybe a different way to achieve what they want to do. We are causing other unintended consequences citywide, so they're aware that we're working with them to resolve the issue. Commissioner Regalado: Okay. PZ.12 08-01083v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING VARIANCES PURSUANT TO ARTICLE 19, SECTION 1901, ET. SEQ., FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED OFF-STREET PARKING SPACES, TO WAIVE 13 OF THE REQUIRED 16 PARKING SPACES (GRANDFATHERED 3, PROPOSED 0) (NEW RESTAURANT USE); AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET, PROPOSED 1,192 SQUARE FEET (2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 08-01083v Analysis.PDF 08-01083v Zoning Map.pdf 08-01083v Aerial Map.pdf 08-01083v Application & Supporting Docs.PDF 08-01083v Zoning Write Up.PDF 08-01083v Plans.pdf 08-01083v ZB Reso.pdf 08-01083v Appeal Letter.PDF 08-01083v CC Legislation (Version 3).pdf 08-01083v CC Legislation (Version 4).pdf 08-01083v Exhibit A.pdf LOCATION: Approximately 2898 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): William Lane, Architect, on behalf of Global Elements, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of City of Miami Page 44 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 the Variances. ZONING BOARD: Made a motion to approve, which failed constituting a denial on October 20, 2008 by a vote of 2-5. PURPOSE: The approval of this appeal will allow fewer parking spaces than required and more buildable area than allowed for a new restaurant. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12. Note for the Record: Item PZ.12 was deferred to the City Commission meeting currently scheduled for April 23, 2009. Note for the Record: For minutes related to item PZ.12, see item PZ.1. PZ.13 08-00872ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY ROBERT MIESSLER AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH A CONDITION A CERTIFICATE OF APPROPRIATENESS FOR THE AFTER -THE -FACT INSTALLATION OF A ROLL -DOWN SHUTTER, FOR THE INGRAHAM BUILDING, LOCALLY DESIGNATED AS A HISTORIC LANDMARK, LOCATED AT APPROXIMATELY 25 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA. 08-00872ha Appeal Letter & Supporting Documents.pdf 08-00872ha Zoning Map.pdf 08-00872ha Aerial Map.pdf 08-00872ha HEPB 07-01-08 Fact Sheet.pdf 08-00872ha Application for Certificate of Appropriateness.pdf 08-00872ha CC Legislation (Version 2).pdf 08-00872ha CC Legislation (Version 3).pdf 08-00872ha CC 02-26-09 Fact Sheet.pdf LOCATION: Approximately 25 SE 2nd Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Robert Miessler, Vice -President, on behalf of New Victors Inc. FI N DI NG (S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with a condition* of the Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with a condition* the Certificate of Appropriateness on July 1, 2008 by a vote of 7-0. *See supporting documentation. PURPOSE: The approval of this appeal will allow the after -the -fact installation of a roll -down shutter at the Ingraham Building. WITHDRAWN City of Miami Page 45 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: All right, PZ.13. It's a resolution. Who's going to be presenting this? Roberto Lavernia (Chief of Land Development, Planning Department): It is my understanding that PZ.13 is going to be withdrawn. Maria 1 Chiaro (Deputy City Attorney): We've received a letter withdrawing this appeal. Chair Sanchez: That's what I have on my notes, so -- all right. PZ.13, for the record, has been withdrawn. END OF PLANNING AND ZONING ITEMS City of Miami Page 46 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00174 DISCUSSION ITEM DISCUSSION REGARDING THE H2-B SEASONAL VISA PROGRAM. HOW EXTENSIVE IS THE USE OF THE H2-B VISAS IN MIAMI-DADE COUNTY? H2-B VISAS ARE ONLY SUPPOSED TO BE ISSUED FOR SEASONAL WORK AND ONLY WHEN NO LOCAL WORKERS ARE AVAILABLE. IS THE DEPARTMENT OF LABOR ACTING RESPONSIBLY? ARE LOCAL UNEMPLOYED WORKERS AND ARE LOCAL UNDEREMPLOYED WORKERS LOSING JOB OPPORTUNITIES? RESOLUTION TO BE DISCUSSED BANNING THE CITY AND/OR CITY VENDORS AND/OR CITY CONTRACTORS FROM USING WORKERS IN THE H2-B VISA PROGRAM. 09-00174 E-Mail.pdf DISCUSSED Discussion on the item resulted in the resolutions below: (D2.1) 09-00174a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT BARACK OBAMA TO RESCIND THE EXECUTIVE ORDER OF FORMER PRESIDENT GEORGE W.BUSH THAT TOOK AWAY THE OVERSIGHT OF THE ISSUANCE OF H-2B SEASONAL VISAS FROM THE STATE OF FLORIDA'S AGENCY FOR WORKFORCE INNOVATION; REQUESTING THAT AN INVESTIGATION BE INITIATED REGARDING THE MISUSE OF THE SEASONAL VISA PROGRAM; REQUESTING A REDUCTION IN THE AMOUNT OF SEASONAL VISAS ISSUED ; FURTHER DIRECTING THE CITY City of Miami Page 47 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 OF MIAMI'S LOBBYING TEAM TO WORK WITH BOTH THE FEDERAL AND STATE ELECTED OFFICIALS REGARDING THE REDUCTION OF THE H-2B SEASONAL VISA PROGRAM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0091 (D2.1) 09-00174b RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING EACH BIDDER RESPONDING TO A CONSTRUCTION RELATED PROJECT BID SOLICITATION TO PROVIDE INFORMATION ON PROPOSED H-2B VISA USAGE AND INTENDED LOCAL WORKFORCE USAGE. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0092 Chair Sanchez: We'll recognize Commissioner Marc Sarnoff on D2.1, which is a discussion item. Commissioner Sarnoff. Thank you, Mr. Chair. I brought to the attention of everybody today something known as an H2-B Visa. Now for those of us that don't know what an H2-B Visa is, it is a visa to a nonimmigrant which allows foreign nationals to enter the U.S. (United States) temporarily and engage in nonagricultural employment, which is seasonal, intermittent, a peak load need or a one-time occurrence. So the way I expressed this is as opposed to outsourcing, we are insourcing non American workers for a theoretical need that American workers cannot fit that need. Now, in essence or allegedly, as I would like to put it as a lawyer, it would be as a result of not having an adequate labor supply in America at what they call the prevailing rate. Now, some things have changed with regard to this program, andl think it's worthy that we see what exactly has changed and how it has changed because it may become much easier to insource non American workers than it ever has been before. And that was on January 18, 2009, by executive order of the former President of the United States, George W. Bush, there was an elimination of state oversight. I believe that oversight came from the Agency for Workforce Innovation. And that took away from the state the ability to oversee and put, as I would put it, 50 sets of eyes upon applications to bring people into the United States to do work that they claim American workers would not do, could not do, will not do, or simply are not there. And this came to my attention via a TV (Television) show by Jim DeFede. And what I'd like to do at this time is the ability to show everyone exactly what I saw with regard to Mr. DeFede. And if they could just play the tape very briefly. Or maybe we won't play the tape very briefly. At this time, an audiovisual presentation was made. Commissioner Sarnoff. Mr. Chair? Chair Sanchez: Yes, sir. City of Miami Page 48 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Commissioner Sarnoff. The H2-B Visa program is a program of a laudable purpose, but -- and maybe at its time, four years ago, three years ago, when there -- every American worker was pretty much working pretty hard and there was an abundance of construction and projects going on in South Florida, maybe it's possible you could argue there was a need. But certainly with the sheet metal workers and the carpenters' union at probably 28 percent unemployment rate, it is just hard to fathom how you can bring in workers and claim they're getting the prevailing wage. And let me describe to you what the prevailing wage would be 'cause it's not as significant as you might think. An apprentice would earn $13.30 an hour; a journeyman, $22.20 an hour. So the amount of money that an American worker would make is simply not beyond the scope of what you would consider to be reasonable. And yet, you have in this particular project a series of foreign workers -- and no disrespect, as Ileana said, to the foreign workers. I know they need work, as well. But it seems to me that we were elected here, and we're obligated first to find Floridians jobs, South Floridians jobs, Miami -Dade County jobs, and City ofMiami jobs. And we're about to consider a number of projects coming to the City ofMiami in the next few Commission sessions, and it seems to me that we should contemplate, discuss, argue, and then resolve to limit the use of H2-B Visas to what it was truly intended to be by the United States Government years ago, not what it's being used for today, but its true use. Its true use, for instance, as I thought it through as best I could -- we don't happen to have high-speed rail in the state of Florida. Matter of fact, this is one of the few industrialized countries that is not even contemplating high-speed rail; yet, what a laudable, great idea for so many reasons. You would probably need to bring in a certain workforce to manufacture and create a locomotive capable of doing high-speed rail, and that would be an understandable use of an H2-B Visa. The folks that are going to install the actual rail line should be American workers, nothing specialized about that. So I think what we should do is allow, if you will, Mr. Chair, small discussion. There are a number of people that are much more educated, much more well -versed on this than I am, just to let us hear how it's been used and what we can do as a city to possibly debate and resolve how far we want to go, or if this Commission chooses to go with the limitation on the use of H2-B Visas, I would suggest, certainly, for City projects and possibly even to go so far as to discuss, debate, and consider where we should go even when we have a CRA (Community Redevelopment Agency) meeting in a hotel. Is that hotel using H2-B Visas? Are they contracting away work that could go to American workers? That's the spectrum, to me, where we stand. It seems to me it would be an easy discussion or an easy resolution to say City ofMiami projects should absolutely limit or preclude the use of H2-B Visas. But when we go out and contract, when we go out and spend money in hotels for simple issues such as CRA meetings, meetings of any kind on a community basis, should we be going to places that we know are hiring H2-B Visa employees? I think the one thing we know is this economy is going to get much, much more rugged than it is today. I suspect, as we sit here, 12 months from today, we're going to be contemplating a 12 to 14 percent unemployment rate. Andl suspect when it comes to the construction industry, we could easily double that number. So if you would, Mr. Chair, I'd ask -- I know a number of people are here in the audience. I see Mr. Fred Frost, I see Mr. Darling. I see Miguel Fuentes -- if you just give them two minutes just to discuss this. Chair Sanchez: All right. I'll -- just the -- because policy -wise, blue pages are discussion items. We never open it up to the public. However, if we have three or four individuals, we'll allow you to come up. Fred, you're going to be speaking. Who else? Miguel is going to be speaking? Who else is going to be speaking? Unidentified Speaker: Larry Stewart. Chair Sanchez: Larry. So we'll have five or six come up. Two minute -- and we'll discuss the item. And then we'll debate and we'll come up -- we'll proffer some ideas, and maybe we'll get some solutions to this crisis that is really affecting the working class of our community. So, Fred, you're recognized for the record. City ofMiami Page 49 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Fred Frost: Thank you, Mr. Chairman, and thank you, members of the City Commission. My name is Fred Frost. I'm the president of the South Florida AFL-CIO (American Federation of Labor -Congress of Industrial Organizations), representing approximately 100,000 members, 30,000 in the City ofMiami. First of all, I want to talk about -- that the labor movement has been fighting for years about the exportation of jobs. That's why we were here in 2003 fighting against the FTAA (Free Trade Area of the Americas). The sad reality is that the government now and now the general public has understood outsourcing jobs has created a deficit and has hurt the quality of life of Americans here. Right now, unfortunately, manufacturing jobs have been lost and families have been ruined. They'll never get those jobs back. But today, as the Commissioner Sarnoff mentioned we're talking about something new. It's called insourcing. And you heard from the piece right there that they misuse that H2-B Visa. And let's put it frankly. It's about maximizing profits for corporations at the expense of the American worker. Now, what does the American worker do for you? It increases your tax base, your local tax base. Who do you think in this room doesn't start buying cars, buying TVs, buying frigerators [sic], buying lawn supplies that helps this economy grow for everybody? Now, like Commissioner Sarnoff said, workers lose in all fronts. The people that are coming from Mexico are being exploited. Nobody here in America, no worker wants to see anybody exploited. It's unconscionable what's going on in today's environment to allow that corporation at St. Regis to do what they're doing. Now, the piece showed also the human toll. Let me tell you. There's sheet metal workers that are moving their families, uprooting their children from school and going anywhere in this country to find work. That's wrong, especially when there's work available here. What we need is the opportunity to build something in this community. There's no more productive worker in the industrial world than sitting in this audience right here. We're the most productive, the most efficient, and the most cost-effective if you give people the opportunity. Today what we're trying to do is set a foundation for the future economy where we're uplifting our community and uplifting our nation with good quality, sustainable jobs, paying responsible wages, healthcare, and the best job training available. I want to thank you, Commissioner Sarnoff, for pushing this ordinance. You're stepping up to the plate for working people. Commissioner Sarnoff. Thank you. Mr. Frost: This has ramifications nationwide. Thank you -- Chair Sanchez: Thank you. Mr. Frost: -- very much. Chair Sanchez: Next speaker? Applause. Chair Sanchez: All right, folks, we can't do that here, okay? We'll -- All right, yes, sir. Good morning. Larry Stewart: Good morning. Mr. Chairman, Commissioners, my name's Larry Stewart. I'm the business manager for the Sheet Metal Workers Local 32 here in Miami. I'm also here representing South Florida Building Trades Council. I came here this morning to give you a little lowdown on what's going on. I didn't realize the film clip would be shown. There are two additional segments of that expose. I urge you to get on the Internet and watch them. It's really an eye-opener, and I'd like to publicly thank Channel 4 and Jim DeFede for bringing this to light. Jim, you're -- if you're here, you're a great American. None of my membership is here today, although the construction industry is, as you can see, well represented. My members are currently over at the St. Regis walking picket. We've been over there two weeks. And quite frankly, there hasn't been one thing done about this situation. There are 25 Mexican nationals City ofMiami Page 50 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 working on that job. We responded to the ad in the newspaper. We sent over 60 resumes. I have 200 men out of work currently in this area. The 60 resumes, we were notified seven days after the job was open with the state workforce agency. We had three days to respond. We responded. On the tenth day, they received over 25 resumes from my members. They were thrown in the garbage. The job order was closed on 9: 28 a.m. on the tenth day. The workforce agency notified the Department of Labor that there were no people in this area available to do the work, therefore opening the door for the Mexicans to come in and do our job. Quite frankly, I think this is criminal. There are three-quarters of a million people out of work in the state of Florida. The same agency that told the Department of Labor that there were no people available to do the work writes over half a million unemployment checks every month. For them not to be able to find 25 people to do that work is criminal. I'm calling on politicians throughout South Florida to step up to the plate and do something about this. This has been going on for many, many years. Many trades, the carpenters, drywall industry, roofers have been devastated by the use of this visa program. And I applaud Commissioner Sarnofffor bringing this to light. Thank you for your consideration. Chair Sanchez: Thank you, sir. Mr. Stewart: Thank you. Applause. Miguel Fuentes: Gentlemen, Miguel Fuentes, Florida Carpenters Regional Council. Chairman, if you would entertain me for a minute -- for a moment? How many carpenters here are unemployed? It's quite a few. Not only do I work for the Florida Carpenters Regional Council, but I also sit on the statewide workforce board and on the executive committee. And let me tell you, some time in December, we appropriated about half a million dollars extra of unemployment benefits for residents ofMiami-Dade County. So I know how much money we're spending. Not only do we spend that kind of money in unemployment benefits, but we also spend a lot of money to the area workforce boards to do worker training and a pathway -- a career pathway, a huge investment of our taxpayer dollars to make sure that our residents are prepared and ready to work. But under those conditions, it's almost impossible for us to realize a return on our investment. Andl take my duties on that workforce board as a good steward of your tax dollars very seriously. That's why I'm here today in a dual role. Here's what happens. Unscrupulous contractors, in order to skirt the law, will get a labor broker to recruit migrant workers in their home country. That's -- right? Foreign nationals. They charge these workers between 1,000 to $10,000 in order to obtain the visa with the promise to give them a wage that's comparable to the wages that we pay here. Nothing more than a lie. So they're making all this money on the front end, then they maximize the profits on this end by undercutting them. And then this is what they do. They'll take the workers' papers. They say, "We'll be holding these. If you become a whistleblower, we're going to shred these papers. Then we're going to turn you in. And guess what? The last three months or six months of your wages, you're never going to see. It's tantamount to slavery. That's what's going on. And I'm not making this up. I didn't read it in a story. I represented a family of Carlos Torres. This young man died from a fall on a construction site on his 30th birthday, leaving his sister, who was very pregnant, with two other siblings in the house. And he was the main breadwinner. What did they say to me? He doesn't have worker's compensation. He's an independent subcontractor. I said great. We'll get you for more money. You should have had him properly classed The family still suffered. It was a traumatic experience. And guess what? They paid away the fine and the problem was gone. Can't allow that to happen. I also brought with me today, if you will entertain for a moment, Robert Kuskin, who's not only from labor -- I think it's important that you hear from the businesses who are being impacted by this, also victims of this crime. If you would allow me? Robert Kuskin, please. Robert Kuskin: Good morning. Robert Kuskin, representing the Association of Carpenter City of Miami Page 51 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Contractors of Florida, representing contractors in southern Florida, 1200 Brickell Avenue, Suite 1720. I'm here today to represent responsible contractors in my association. The responsible contractors and members of the association feel it is unfair for them to compete against H2-B Visa labor. The association and its responsible contractors would like to create a level playing field where all responsible contractors can compete in a fair marketplace and hire and employ local workers. Thankyou. Chair Sanchez: Thank you. Anyone else? Mr. Fuentes: May I close, Mr. Chair, please? Chair Sanchez: Sure. And then we'll go ahead and close it up. Mr. Fuentes: It's the broken window theory, right? You have a house in the neighborhood. The kids run -- it's been abandoned. The kids run around, throw a rock in the window. Okay, it's a fun thing to do. What happens? Later on some time down the road, somebody goes in and steals the copper. The drug dealers see that the house is abandoned, the copper's gone; they decide they're going to use that as an operation. A couple of months down the line, a crime takes place, so the -- and it's devastating, and maybe there's a murder. So now it escalates. Then somebody turns around and say, hey, wasn't that DavidMeister's house, the carpenter? Well, yeah, it was David's house, but the bank foreclosed on him because his employer laid him off and he couldn't pay the bill because that contractor lost the bid to a contractor who imported H2-B Visa workers. There is no such thing as a victimless crime. We need to do something about this. Thank you. Chair Sanchez: Thank you. Applause. Terry Darling: Terry Darling, with Florida Carpenters Regional Council. Chair Sanchez: Before you do that -- Mr. Darling: Yes, sir. Chair Sanchez: -- can I just --? I think that we respected you in many ways. You're here today to address us with your concerns. Could l just ask you to just be a little respectful and not clap this time, please? Could we all agree on that? Thankyou. Thankyou so much. Appreciate it. All right. Sir? Mr. Darling: Terry Darling, with Florida Carpenters Regional Council. I believe this visa, like most government initiatives, start out with good intent. The agricultural business was in need of hiring cheap labor for seasonal help to keep the cost of produce for Americans down. I think that was a valid point. It's just what it's evolved into. What we see now, you know, it went from the agricultural, went into service workers. And now the door's open. And you know, the H2-B Visa is basically a nonagricultural visa program. It's -- I've been hearing for over 10, 12 years that I've been fighting this issue that these immigrants are providing Americans with labor and doing jobs that Americans don't want to do. And I'm here to tell you that is baloney. These jobs that Americans have been doing since the beginning of America, but they're insourcing, outsourcing them, whatever you want to call it, it's wrong. It's criminal. I think there's always an opportunist available who will take advantage of a situation. And what we're seeing is they're bringing people in and working the sheet metal, the electrical, starting to get into the mechanical trades. But it's everything in construction. The jobs are totally going outsourced. There's an investigation that was ongoing in Port Arthur, Texas, whereas a firm actually used fraudulent signatures to apply for 6,000 visas. He had under contract for one year 6,000 visas City of Miami Page 52 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 at $45 per hour. He was -- had a payroll of $10 million a week, $561 million for one year. He was paying the guys $15, allegedly; most said they were making 7, 8, $9 an hour. He was pocketing the difference. You look at program -- a project like St. Regis. You can live next door at the project being built. At the end of the day, they're being built for the same cost. Somebody is pocketing a lot of money, and it's not going into Americans' pockets. The bottom line is, you know, we've been dealt a bad situation where we used basically indentured workers to displace Americans at substandard wages. It is my opinion that this program is not much but a step or two above slavery. It's a step backwards for worker rights and it's a step backwards for America. I say that -- you know, I applaud the Commissioner for bringing this up to public light. I applaud the Channel 4 News team for bringing it up. It's something we have been fighting for a long time, but it's been very difficult to get the ear of the decision makers in two states that I've been involved in. And it's about time. I mean, it's not a -- this is not a union versus nonunion issue. This is not American versus a Mexican issue. But it is an American issue. We're at record unemployment. Andl think we have to say no to visas, yes to Americans working on the jobs on American soils. Thank you. Chair Sanchez: Thank you. Applause. Chair Sanchez: All right. Commissioner Sarnoff? Commissioner Sarnoff. Yeah, Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff. I think what oftentimes happens is people don't realize, as Miguel Fuentes said, the cascade effect. The cascade effect of an American worker losing his job cascades to him losing his house, cascades to that house becoming abandoned, cascades to his neighbors and neighborhood losing its value because there are three or four abandoned houses on that street, cascades to drug dealers saying, "You know what? This isn't a bad place to set up a drug shop, " cascades into the deterioration of our quality of life. And it reminds me of the old story, but for a nail, the kingdom was lost. And it's true. But for a job, America can be lost. And I've -- since I've come on this Commission, I've really never quite understood how we weren't endorsing and creating more and more jobs. And it wasn't because I knew the economy was going to be falling so fast, 'cause if I knew that, I would not be sitting here, but I'd be the wealthiest man in the world having forecast it. But it -- to me, a job provides a person with a sense of dignity, a sense of purpose. I mean, I don't know how a man gets up in the morning not knowing what his -- or woman -- I didn't mean to leave that sexist -- but not knowing what his purpose is in life. Andl know when I get up in the morning, I do it with a spring in my step because one of my purposes is to feed my family, but my other purpose is to come here and represent the people, to represent the citizens, the taxpayers of the City ofMiami. Andl think every man and woman needs a purpose. Andl think that purpose is their job. Andl don't think it stops there. But how we, as Commissioners, how County Commissioners, how state legislators, how so many of these free trade agreements didn't envision what the root effects of the legislation that they passed five, ten, fifteen years ago was going to be. And it is simply the dislodging of the American worker. You know, we understand what outsourcing means. We all have sat there on the phone listening to various countries answer our phones for an American Express call, when we went to call Sprint, when we went to call all these various providers of ours. And we've talked to that person who, sometimes, barely understands English, or doesn't understand our cultural differences and doesn't understand when we get hot and bothered. That's outsourcing. But to actually insource into this country and dislodge jobs and take away the fabric of society is just mind -boggling. And we have a chore here today. And our decision is profound because not only with the inevitable stadium vote, which I certainly agree is coming, but other issues that the City ofMiami is going to pass through with some of the stimulus City ofMiami Page 53 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 package: What are we going to do with those contracts? Are we going to ensure, as this Commission, that anybody that we contract with is not employing H2-B Visas? Not to say they shouldn't in very, very, very limited circumstances; and that would be for technical jobs. Somebody in America that doesn't know how to do it. That would be pretty hard-pressed to find that job, but I provide for the possibility it could be out there. How we cannot be employing 98 to 99.9 percent Americans is something we should be considering. I equally think this Commission should explore whether we should be attending any type of meeting in any restaurant and/or meeting facility that regularly makes use of the HB-2 [sic] Visa program. We should consider that. Because if we don't stand up for Americans, who will? Thank you, Mr. Chair. Applause. Chair Sanchez: Commissioner Regalado? Commissioner Regalado: Thank you, Mr. Chairman. I think that this is the right time to discuss that issue. We should have seen this coming many, many years ago. Commissioner Sarnoff said, well, 14 years ago and -- when Congress passed law, the different treaties with different countries, but we have to go back to the Caribbean Basin initiative -- Commissioner Sarnoff I remember that. Commissioner Regalado: -- which, in the '80s, what it did, it closed down all the garment factories in Hialeah and Wynwood. And then on -- I was talking to Pepe Collada [sic], who was the national vice president for the carpenters union, and he was mentioning that this that we're discussing here happened many, many years ago. I think the Santa Maria, where they had laborers living in quarters in Homestead, and they would bus them in to work in Brickell. At that time everybody was excited with the boom and the construction and nobody paid attention. And -- then is the outsourcing. Like you say, I mean, even the Miami Herald, it's outsourcing their classifieds, and we thought it was a good thing until we had a reality check. I think that you know what? We should boycott places that use this kind of employment just to send a message because in these times, there's not much we can do about it, but we do know that next Tuesday the State Legislature meets in the regular session. And we have 45 days to work for them to come up with something that indeed protects the work. And then there is Congress with the budget. The budget goes to the House, different committees, next Monday, and to the Senate. Andl think that within the framework of the federal budget, there is a tremendous opportunity to seek help from Congress. I don't know how we can enforce this, but I think that Commissioner Sarnoff is right. If the City is going to get stimulus -- I understand by the MPO, $56 million in roadwork. We don't know the other areas of the stimulus yet, but it should be very clear. And of course, the coming vote on the different projects, and especially the stadium, it should be very clear that they need to use local, unionized workers because that is the way to go. That is the American way. I mean, you know, it is something that is a no-brainer, but it seems that everybody is trying to skirt the issue. So, Commissioner Sarnoff, thank you very much for bringing this up. I think that we can do little, but we can do much as a symbolic measure. We can stand up. We can just don't cross the picket line, if there is one. Don't go into a business that is being used as this so-called important tool for the workers in the United States. The only thing that we should know is that in this times, yes, it's important not to be protectionists, it's important not to be isolationists, as they say. But the fact of the matter is that last January, 6,000 workers and employees lost their job in Broward and Miami -Dade County. And you spoke about the unemployment level. You know, they are doing the stress tests for the banks now. And the worst case scenario is 10 percent of unemployment. We're 8.8. Ten percent unemployment means that $15 million --15 million workers are out of jobs in the United States. And this will have a cascading effect that no one can predict. So I hope you are really wrong in your predictions because the 10 percent threshold is the worst case scenario. So -- I mean something has to be done. Maybe our team in Tallahassee, maybe our team in Washington, and maybe us City of Miami Page 54 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 just not going into a place that is nonunion is the right thing to do. So it is important that at least a small government compared to the nation is going on record saying, you know, work American. So thank you, Commissioner Sarnoff. Thank you, Mr. Chairman. Commissioner Sarnoff. Thank you, Commissioner. Commissioner Gonzalez: Well, as it has been said, once again, I don't think there is much that we can do at a local level as City Commissioners or even the Mayor of the City. This is an immigration issue. It is a federal government issue. But I do think that we can pass a resolution urging the Congress to initiate an investigation on the misuse of these visas and also to reduce the amount of visas that are being issued every year for this type of work. That is something that we can do. It's a resolution that we can pass, and we can send it to Washington. And we can use our lobbying team to introduce it in Washington with the different congressmen and senators. So that's the only thing that I can see that we at a local level can do on this matter. Commissioner Sarnoff. I think what we can do, Commissioner, if you're going to make that into a resolution, would be to ask President Barack Obama to rescind the executive order issued by George W. Bush which took away the oversight from the Agency for Workforce Innovation from the State of Florida. Fifty additional sets of eyes would have looked at this and said something smells foul here. So I think what we could do is actually pass a resolution, send it on to the President. He has the executive privilege and the executive power to rescind the executive order of former President George W. Bush and immediately put back an issue -- maybe you can't reach out and grab your Tallahassee elected official, but he's a hell of a lot closer than Washington. Commissioner Gonzalez: Right. Chair Sanchez: All right. Are you proffering that resolution? Commissioner Gonzalez: I'm proffering that resolution. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: All right. The resolution has been proffered. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. Anything else, Commissioner? Commissioner Sarnoff. I think we should discuss -- and that is whether we should let contracts out with contractors that utilize H2-B Visas. Now, I don't know that this is cost -- what the cost effect of this is, andl know you like to know cost-effective all legislation that we pass. I think we should also look into and explore whether we should use any meeting hall spaces, which tend to be convention and/or hotel facilities, that utilize H2-B Visas. Maybe we put a percentage on it or maybe we just do an investigation. But I'd like this brought back as soon as possible. I don't want to leave these guys hanging out there going, "You know what? The Commissioners gave them a bunch of ear candy today." And ear candy without teeth has no meaning. Chair Sanchez: And I -- hold on. Let -- I think Commissioner Gonzalez made a good resolution that is a step in the right direction on this. This is a federal issue. We have no jurisdiction or authority over that. But I could tell you this much. You know, you've heard all the facts here about unemployment going up, families being destroyed, people losing their jobs, and people basically cheated out of their profession. Those arguments are there. And all we have to do is City of Miami Page 55 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 open up the newspaper or see it on TV, the suffering of the American people. I'm a strong believer that we have to invest in our workforce and that pays the biggest dividend. But I think that this problem with H2-B, the visa program, is something that the federal government should be addressing and should be addressing very quickly based on the crisis and conditions that we're facing. Now, what can local government do? What can we do as a local government? There's a lot of things that local government can do. Each one of you sitting there, I don't care who you represent, know that a lot of things are happening with contractors that are not fair. Contractors are not playing in a fair level field A lot of things are happening out there that you may not be getting a job and somebody else may be getting a job, and that person is getting paid less than you, not receiving the adequate insurance and compensation that they deserve, and those are the issues that we could look at. What can we look at? Well, before this item came up, I did my homework with my staff and we researched. There are certain ordinances throughout the United States that protect what is called the responsible employer's ordinance or the responsible contractor's ordinance. Basically what it does is very simple. It allows any contractor who benefits from public funds for any project to play in a fair field like everyone else. Andl think think that's the issue that -- all of you may be here for H2-B, but indirectly or directly, you are affected by this. And all it does is, this ordinance is, it basically puts out that any one contractor doing any work with any municipality or city must yield to certain rules and conditions that protect the workers. Now, we know that a lot of these companies out there -- and we don't have to go too far -- they're -- downtown the carpenters are protesting with people that are doing work because what? They don't want to pay you that salary that you deserve. They don't want the give you that benefit that you deserve, and they want to give it to somebody else. And that is where it's not fair. And that is where you are being mistreated and you are looked at -- just like someone said, well, they'll take your application and they'll shred it. I will implore, as the Chair, to work with my colleagues and work with you to come up with a responsible employer's ordinance similar to the one in Boston that simply asks that the contractors who wish to benefit from public dollars play by the rules, and that ordinance has been very successful in Boston. As a matter of fact, other cities have taken advantage of it, and really, it's there to protect the workers. So I will sponsor that ordinance. I will work with my colleagues and the Administration and work with you. I would say in about 60 to 90 days I'll come back with that ordinance. And with your support -- it is an ordinance that protects your rights as workers, because I'll tell you this much. The saddest thing that you could see is somebody say look, I'm unemployed. It hurts. I don't want to be receiving unemployment. I got too much pride. I'd rather work than be getting unemployment. And you know what? Applause. Chair Sanchez: No, no, no, no, no, no. Listen, I didn't allow people to applaud. Now don't applaud for me. But I can tell you this much. You know that the people that are paying the benefits for unemployment is the American taxpayers. They're paying you when you are going through some tough times. You want a job, and you're entitled to a job. It's your God-given right to have a job and pursue prosperity in this great nation of ours. And that's what governments should do now. As local government, there's nothing could do. We could pass an ordinance asking Ileana Ros-Lehtinen, the Balart brothers to go to Washington and fight H2-B and do whatever. What can we do as a government? I think this ordinance is a step in the right direction in making sure that these contractors play by the rules that are out there; and, therefore, I will commit to you thatl will come back in 60 to 90 days with a clearly crafted ordinance that protects the workers of the City ofMiami to make sure that they benefit from what's theirs. That's my commitment to you. Andl certainly look forward to all the leaders that were here -- I will craft that legislation with your help, and with your lobbying efforts, with my colleagues, I think that we could move forward something that is -- once again, it is not a union issue. It is a nonunion issue. It is an American worker issue. I think that's the most important thing here. All right. So having said that, I think that I broke away from the tradition. I never allow discussion items. Through the point of privilege of the Commissioner, I did allow that. I think that we've had a very productive meeting, and from here we start working together to City ofMiami Page 56 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 protect what's right and what's fair and protect the workers of our great nation. So having said that, I think we're done with that blue item. Thank you so much for coming. And, please, as you leave, leave quietly. And we look forward -- Commissioner Sarnoff. Commissioner, can I just say something? Chair Sanchez: -- to seeing you -- Commissioner Sarnoff. I just fear that 60 to 90 days there will be a number of contracts let out from the City ofMiami that will miss the point. Andl just wonder if we couldn't do something on a more expedited basis? That if we preclude the use of H2-B Visas, except -- and require that the contractor put in front of each Commissioner the number of HB-2 [sic] waivers he's requesting, at least they would hold us accountable. Chair Sanchez: Commissioner, this ordinance has nothing to do with what you have presented, which is the H2-B. This ordinance will focus on contractors that must play by the rules. As we know, many contractors out there that are not playing by the rules and they're hiring cheap labor, people that aren't properly skilled, people that aren't insured; and then the ones that are cheated out are all these individuals that are out here. Andl think that for us to craft an ordinance that would not be challenged in court, we need to work very closely with the unions. We need to work with our City department, our Legal Department and make sure that we craft an ordinance -- because the one in Boston was challenged in court. And if we don't cross our is and dot our i's, we will be challenged in court on this. Commissioner Sarnoff. But thinkyou missed the point. Under freedom of contract, which is in the United States Constitution, we, as a city, can contract with anyone we choose; and we can put requirements into that contract of our choice. Andl think my point being there's going to be a number of contracts let out in the very near future. We, as the City ofMiami governing board, can make policy that we will not contract with people who make use of the HB-2B [sic] Visas. Andl thinkyou miss the point, and it's an adroit miss. Commissioner Gonzalez: What will you do -- Chair Sanchez: Whoa, whoa. Hold on. Commissioner Gonzalez: -- in reference to hospitals? Commissioner Sarnoff. For what? Commissioner Gonzalez: In reference to hospitals. Because I bet you that if you go to Mercy Hospital and search their file -- Commissioner Sarnoff. No, no, no, no, no. Commissioner Gonzalez: -- they have a whole bunch of people working under those visas at the hospital. Commissioner Sarnoff. I'm not saying the City of Miami's about to build a hospital. I'm saying for the construction jobs that we're about to let out, for our contracts, so that -- the things that we're about to build, the things that we're about to construct, we have the right to look at the use of anybody that contracts with us and put it as part of an RFP (Request for Proposals) to know the quantity and the quality of the H2-B Visa program they're utilizing. It may be five, it may be fifty, it may be a hundred. I think at a minimum this Commission should then be aware of the use of the HB-2 [sic] Visas. And we can make a policy decision. You know, you could be briefed by the Manager. Look, these three people are one of ten in the world that need to do this particular City ofMiami Page 57 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 project or this particular task, and you make a policy decision. Yeah, I want to make sure -- 'cause he's the lowest bidder, I want to use him. But I am not suggesting that we go further for right now than anyone that we contract with for any of our construction projects. I'm not suggesting that we go into the hotels, the hospitals. What I'm suggesting is a lot of jobs are going to be voted on in the next couple of days, weeks. MPO (Metropolitan Planning Organization) just gave the City ofMiami -- I think it was $9 million, Mr. Manager? Pedro G. Hernandez (City Manager): Yes, you're correct. Commissioner Sarnoff. Well, those jobs have a 120-day fuse on them. If we don't send that money out in 120 days, we lose it. So I don't want to give anybody any ear candy here. Chair Sanchez: Well, Commissioner, I'm certainly not giving anybody ear candy here. I think that what this ordinance will do is simply define the word "responsible" in the phrase "lowest responsible bidder." It's that simple. The H2-B Visa is a different -- it's different It certainly, as I was studying that resolution -- and we have to do things by resolution [sic] here in order to be law. And we have to pass it on first reading, and we have to pass it on second reading. You, more than anybody, being an attorney, knows the process; that we have to have public hearings. Once we establish a well thought, well planned ordinance, it's approved and becomes into law, the law is the law. And that's just the only thing that I'm stating here. That's what I'm doing. Your issue is the H2-B Visa program. That resolution was passed. You know, you want to boycott those buildings, that's perfectly fine. I support that. But this is something that goes to another level that really, really protects what I consider the street work, the person who works in construction, the person who is out there in these construction sites that are being left out because they're hiring people that don't play in the fair field. Commissioner Sarnoff. Well -- Commissioner Regalado: Mr. Chairman, ifI may help. They're two totally different things. What you're proposing is a correct way for the protection of all American workers, and we can do that. And we can work it and tweak it and wait because this ordinance is going to be in the books forever. What the Commissioner is proposing is that next week we'll be voting on the stadium contracts. And then on the 12th, there will be some contracts regarding the stimulus. And what he's proposing makes sense. The whole discussion and time that we spent here is precisely for what he's trying to do, not -- we don't -- we can't change the federal law. We could ask. We can't change the executive order; it's up to the President. We can't change the state law; it's up to the Legislature. But we do have the power to say we do business with whoever we want. We give contracts to whoever we want. That's a limited power that we have. So if you craft that in a resolution, I will second it and -- Commissioner Sarnoff. Let me make the resolution. That the City ofMiami, in any contract that it's about to let, review and bring before this Board the number of H2-B Visa program employees that are being utilized so that we can be a part of the process to determine if in fact -- and they'll hold us accountable. Because if -- let's say, Mr. Manager, for instance, if you're about to do a parking garage, for instance, and let's say somebody's going to bring in 200 steelworkers. And let's say it still passes this Commission. I would think that the folks out there would hold us accountable for making that decision. So under the United States Constitution freedom of contract, which I am aware cities are still subject to the United States Constitution, we have the freedom to do this. Mr. Hernandez: Mr. Chair, Commissioners, I believe that -- andl have to, of course, do some further confirmation with the City Attorney -- the City could require in its contracts to have any contractor submitting a bid or an RFP for City work to disclose whether they're using or propose to use H2-B workers, the rationale, and to what degree. City ofMiami Page 58 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Commissioner Sarnoff. Right. And notice that my motion -- or my resolution didn't say preclude contracting with them. They'll hold us accountable if we vote for somebody who's using a mass amount of H2-B Visa program. I'm not -- so I'm not harming us. I'm merely making this a transparent government. I'm merely bringing transparency to the process so that they can say, "You know what, Commissioner? You just voted for a project that has 10 percent H2-B Visa folks. Can you explain why you did that?" That's all. Commissioner Regalado: I second the resolution. Chair Sanchez: All right. There is a motion and a second. Could you clam the motion made? Commissioner Sarnoff. Yes. The motion would be that anybody who is about to respond to an RFP or be given a no -bid contract from the City ofMiami, that they disclose the number ofH2-B Visa -- I hate to call them employees -- applicants or subcontractors and/or employees; that they disclose to the City Manager, who must then disclose to the City Commission, prior to approval of any of the use of any of these contractors. That's my resolution. Do I have a second? Commissioner Regalado: Second. I already second it. Chair Sanchez: All right. There is a motion and a second. All in -- Commissioner Gonzalez: I -- Chair Sanchez: Discussion. Commissioner Gonzalez: -- agree with your resolution, but would also like to include something that will protect local workers. Because, as you say, there are going to be a lot of contracts coming out. The stadium will be maybe one of them; it may not, but it may be one of them. And -- one of the concerns that had with something like the stadium is how much of the workforce is going to be imported from somewhere else? And how much of the workforce is going to be used from local employers? Commissioner Sarnoff. You're talking about within and without the state. Commissioner Gonzalez: Yeah. So what I would like to do is to amend -- add a friendly amendment to your resolution that also for those City contracts, including and not limited to the stadium and the parking structure, that we also get a detail of how much local workforce is going to be used on those projects and how much is going to be imported. And that will give us the latitude of approving or denying the funding for the project. Commissioner Sarnoff. Mover accepts the amendment. Chair Sanchez: All right. May I just --? Commissioner Regalado: Seconder accepts the amendment. Chair Sanchez: Commissioner Gonzalez, I think -- I agree with you 100 percent -- more important is demanding local hiring so I think it's important that we have that in the language. You're -- are you defining it to local as in what? Commissioner Gonzalez: Local, I mean, you know -- Chair Sanchez: Dade County? Commissioner Gonzalez: -- Dade County. Dade County, entire county. City ofMiami Page 59 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: Okay. Commissioner Gonzalez: Dade and Broward County employees. Chair Sanchez: Okay. All right. So the -- does the maker of the motion accept the friendly amendment? Commissioner Sarnoff. Mover accepts. Chair Sanchez: Okay. Commissioner Regalado: Seconder -- Chair Sanchez: Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. Ladies and gentlemen, thank you so much for coming. Applause. Commissioner Gonzalez: Mr. Chairman, I have a pocket item. Chair Sanchez: No. I got a (UNINTELLIGIBLE). We're not done yet. Commissioner Gonzalez: We're not done yet? Chair Sanchez: No. Two more items. Commissioner Gonzalez: Two more items? Chair Sanchez: All right. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ D3.1 09-00152 DISCUSSION ITEM DISCUSSION OF REGULATION FEES AND PROCESSES THAT ARE TOO BURDENSOME TO BUSINESSES. 09-00152 E-Mail.pdf DISCUSSED Direction by Chair Sanchez to the City Manager to add the D3.1 discussion item as a regular item on the agenda of the City Commission meeting currently scheduled for March 26, 2009. Chair Sanchez: All right. We move on to district item D3.1. Commissioner Regalado, do you have any district items? No? We do have pocket items, correct? Commissioner Regalado: No. City of Miami Page 60 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Commissioner Gonzalez: I do have one. Chair Sanchez: Okay. On -- Mr. City Manager, Mr. Toledo, this is an item of great importance as, once again, our economy is in crisis. And those affected by this economy is the backbone of the City ofMiami, which is the small businesses. In the last Commission meeting, there were some discussions as to how do we provide relief to those small businesses that are suffering in our community? Most of them are either closing down or reducing their staff or, at times, even reducing their inventory, which leads to them closing their doors. We talked about the discussion of regulation fees and the process that are too burdensome to businesses. And as we work with the Administration, we are trying to identify where we could streamline the process and make it simpler. In other words, we need to simplin, the process for businesses that are opening up in the City ofMiami, whether it be in Little Havana, Allapattah, Flagami, Overtown, anywhere. I could tell you that it boils down to competition nowadays, and people have an opportunity and they have a right to choose where they want to open up their business. And we need to compete. And if you don't believe me, look at Doral. Doral is taking a lot of our business away, andl can make the argument here that, one, we do not have an economic department stand-alone agency, which we'll fight that in another day. But the issue is that small businesses that are going through the permitting process to open up their businesses are going through a process that really is to a point where it's so frustrating that you'd rather close your doors than open up a business in the City ofMiami. And I'll give you just a perfect example. It is now my understanding that it is a law, enforced by the County, strictly enforced by the County, which they did not do in the past, that every business has to go through DERM (Department of Environmental Resources Management). I see that as an inconvenience because I could understand that if you're going to open up a garage or a mechanic or a car wash or anything that drops anything on the floor, then we should protect our environment. And we should have strict regulations to make sure that we do not contaminate our land as we have learned in the past where we have had to invest millions of dollars to clean up our contaminated land to build a park. All that we're asking here is that the City work with DERM to make sure that they provide -- andl believe they provided a list already of some businesses that do not need to go to DERM. I don't see a dollar store having to go to DERM store -- DERM. I don't see a sports memorabilia store going to DERM. I don't see a retail store going to DERM. But they are having to go to DERM now. So I want you to elaborate on that because we need to find a solution, whether it is to take them to court, which may be an option that we have to exercise. Butl think we're making process -- we're making progress when we ask the Administration and you to work with DERM to see if we could resolve this issue. Orlando. Orlando Toledo: Orlando Toledo, senior director of Building Planning and Zoning. Like I mentioned when I briefed you, we did meet with DERM and Miami -Dade Water and Sewer. There is a list coming. We have not received the list. This law has been in place since December of '04. It's just that it was never really enforced. And the process, they are enforcing. We did agree in similar things to what you just said. We will not be sending architectural offices, engineering offices; mainly only the things that will increase the usage of water or if there are any type of mechanical repairs and body shops are the ones that we would be sending over. This dialogue is continuing, and hopefully I'll get the list before the week is over. Commissioner Gonzalez: We don't have a quorum. Chair Sanchez: We don't need a quorum. This is not -- Commissioner Gonzalez: Oh, okay. Chair Sanchez: -- we're not taking any legislative item [sic] on this. The other complaint that small businesses gave us was WASA (Water and Sewer Authority). WASA, it continues to be a problem with businesses that are coming in and they have to upgrade their lines for whatever City ofMiami Page 61 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 reason. They're being demanded to upgrade their lines. And at times, it's really unjustified that your business, you have to lay pipe for four or five blocks to be able to connect to a main line when you have a business that can't afford 30, 40, and $50, 000. And I've seen that as an example. It's just an incredible injustice in government to be forcing businesses that are -- probably have saved their entire life to be able to accomplish the American Dream and say, you know, this is my business and I'm my own boss. You know, that's an issue that we have to address. I know that we have not been able to get something back from WASA, but I'll tell you one thing that bothers me the most. During these tough economic times, government should not be out there, you know, trying to collect more fees from people. They should be working with people in the businesses to make sure that those businesses survive. Because those small businesses probably employ one or two or three or four or five people that today they may consider themselves lucky to have a job. So I want you to elaborate on the WASA. I know that you have spoken to the director, John Renfrew [sic]? Mr. Toledo: I spoke to John Renfrow, andl also spoke to Vincent (UNINTELLIGIBLE). They are looking into the matter as we speak. I know that they've actually already made certain decisions on some of these projects not actually asking for what they were asking. But you need to understand, Commissioner, that it's something that is always -- I mean, since I was in the County 18 years ago, it's something that Miami -Dade Water and Sewer has always asked for. But because there were good times, people just didn't complain. And now that the times are getting tougher, that's the reason why you're getting the complaints. Chair Sanchez: All right. What we need to do is, you know, we got to have WASA stop hitting up on small businesses for big waterline upgrades. You know, that's the biggest problem. Mr. Toledo: Okay. Chair Sanchez: So you'll get back -- Mr. Toledo: I will go back. Chair Sanchez: -- with us on that? I'm going -- Mr. Toledo: Yeah. I will. Chair Sanchez: -- put it back -- I'm going to have this on the agenda -- Mr. Toledo: Okay. Chair Sanchez: -- 'til we get resolved. And whether we have to take legal action, which we -- that's one of the options that I have here. We may even pass a resolution asking the City Attorney to sue the County on behalf of the businesses, if we need to do that. Pedro G. Hernandez (City Manager): Mr. Chairman, I know that WASA's, you know, policy in the past has been to require upgrades of substandard lines whenever you have an application for a project. I know Orlando has reached out to them already, and plan to get involved and participate with them to ask for other ways or more facilitative ways to deal with businesses that we want to encourage, especially at this time. Chair Sanchez: All right. So once again, I'm going to ask you to make sure this item is back on the agenda for the next regular Commission -- the next PZ (Planning & Zoning) item [sic] so we could have an updated report as to what progress we've made both with WASA and with DERM. Mr. Hernandez: Right. City of Miami Page 62 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: All right. Mr. Hernandez: I think that with DERM, we'll be able to report back at the next time that we discuss this that we do have the list and that we'll be training Zoning people at DERM to be able to (UNINTELLIGIBLE) make the decision as to the ones that need to go there, achieving the streamlining and avoiding having those people, like the dollar store example you mentioned, of having to go there and actually pay when they should not pay. On the WASA issue, we have to do more work with WASA. And we'll be glad to report on that. Chair Sanchez: And once again, this is a citywide problem. It affects Coconut Grove. It affects Upper East Side. It affects Wynwood It affects Little Havana. It affects everybody 'cause the complaints that I get are coming from my district, but I also have been talking to people and they have expressed the same concerns. All right. We need another Commissioner for a resolution as -- on a pocket item. All right. Commissioner Gonzalez: I believe Commissioner Sarnoff is still in the building, also Commissioner Regalado. So Frank is trying to get Commissioner Sarnoff. Chair Sanchez: Why don't we take a three -minute recess and we'll come back and get him? Commissioner Gonzalez: Let me see if he's coming. Frank just went to his office. Chair Sanchez: No. They're in -- Mr. Hernandez: Right. He -- if we wait a minute or two, he may be coming back. I know that Frank went over. Commissioner Gonzalez: Yeah. Chair Sanchez: Let's take a five-minute recess. Commissioner Gonzalez: All right. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 63 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 NON -AGENDA ITEMS NA.1 09-00214 DISCUSSION ITEM DISCUSSION BY THE CITY ATTORNEY REQUESTING AN ATTORNEY -CLIENT SESSION AT THE NEXT CITY COMMISSION MEETING OF MARCH 12, 2009, AT 2:30 PM, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE CASE OF MIGUEL GUTIERREZ, AS PARENT AND PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ VS. THE CITY OF MIAMI, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 06-01722 CA 09. DISCUSSED Chair Sanchez: Okay. We -- PZ (Planning & Zoning) items -- we don't have -- PZ items were properly advertised after 10 o'clock? Priscilla A. Thompson (City Clerk): Correct. Chair Sanchez: So are there any other items that we could take up in ten minutes so we could continue to have a smooth sailing with the agenda? Commissioner Sarnoff. You could try to do the blue page D2, but it probably would take more than ten minutes. Chair Sanchez: That's -- I guarantee you, that's going to take more than ten minutes. Julie O. Bru (City Attorney): Mr. Chairman, I have a request to make. Chair Sanchez: Yes. Ms. Bru: I am going to request an executive session. There's an item that is scheduled to appear before you on the March 12 agenda, which is a recommendation of a settlement of a lawsuit. And at this time, I'd like -- pursuant to the provisions of Section 286.011(8) of the Florida Statutes, I am requesting that at that next City Commission meeting, March 12, 2009, an attorney -client session, closed to the public for purposes of discussing the pending litigation in the case of Miguel Gutierrez, as parent and personal representative of the estate of Susana Gutierrez, versus the City ofMiami, which is pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami Dade County. It is case number 06 01722. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. I would like to have that meeting at the next Commission meeting and then, subsequently, you will have an item to consider as to whether or not to approve the settlement; but I'd like the settlement discussions to be out of the Sunshine. Chair Sanchez: Okay. So, therefore, you would have to request a date that would -- all the Commissioners -- Ms. Bru: No. I'm requesting that that attorney -client session be conducted at that meeting. Right before the item, we can break, have the executive session meeting, and then come back and take the item up in the public meeting. Chair Sanchez: Okay. All right. Ms. Bru: Thank you. City ofMiami Page 64 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Ms. Thompson: Chair. Commissioner Sarnoff. Madam Clerk. Ms. Thompson: For advertising purposes, do we have a time certain for the executive session? Ms. Bru: What we've done in the past is we've done the executive session right after we come back from -- Chair Sanchez: Lunch. Ms. Bru: -- the lunch break. In that way, we don't have to set up and leave; so if you want to do it that way, you know, right after the Commi -- you know, right when the Commission resumes after the lunch recess, we can have the executive session; and that usually is around 2: 30, or the Chairman may say -- Chair Sanchez: For the point of clarification, I think, as we've done in the past -- and it's to make sure that it's properly advertised -- Ms. Thompson: Correct. Chair Sanchez: -- we should do it at 2: 30. Ms. Thompson: Thank you. Chair Sanchez: We'll break, come back, and that'll be the first item. We'll break under the executive session, and come back, and then take that item up. Commissioner Sarnoff. What date is that? Ms. Bru: So we will advertise it for 2: 30 -- Chair Sanchez: Next Commission meeting. Ms. Bru: -- on March 12. Chair Sanchez: March 12. Ms. Thompson: Thank you. Chair Sanchez: So that, for the record, is March 12. I do apologize; I'm coming down with a cold. All right. So on -- since we're going on to PZ -- we'll be heading into the PZ items, we might take a small recess. NA.2 09-00209 RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $6,000, TO Angel Gonzalez THE PRESIDIO POLITICO HISTORICO CUBANO, INC., A 501 (C)(3) FLORIDA NOT FOR PROFIT CORPORATION; ALLOCATING FUNDS, IN THE AMOUNT OF $5,000, FROM THE DISTRICT 1 BUDGET RESERVE, AWARD NO. 1345, PROJECT 11-110001, ACCOUNT NO. 15500.114000.882000.0000.00000 AND IN THE AMOUNT OF $1,000, FROM THE DISTRICT 3 OPERATING BUDGET ACCOUNT NO. 00001.111000.882000.0000.00000. City of Miami Page 65 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 09-00209-Legislation. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones MOTION TO ADJOURN R-09-0090 Commissioner Gonzalez: We have -- now we have a quorum. Chair Sanchez: All right. We're back in order, a short recess. We're -- last pocket item on the agenda. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: Yes, Mr. Chairman. Thank you. I have a resolution of the City of Miami Commission authorizing the allocation of funds, in an amount not to exceed $5, 000, to the Presidio Politico Historico Cubano, Inc., a 501(c) (3), a Florida not -for -profit corporation; allocating fundsfrom the District 1 budget reserve, award number 1345, project 11-110001, account number 15500.114000.882000.000000000. And that is the resolution. Chair Sanchez: All right. There -- Commissioner Sarnoff Commissioner, is that an exact account number? Chair Sanchez: I guess that's in the form of -- Commissioner Gonzalez: What an account number. Chair Sanchez: -- a second. There's a second. I would like to amend your resolution and include $1, 000 from my district budget reserve for the project, so -- Commissioner Gonzalez: I accept the amendment, and they're going to be very happy. Chair Sanchez: You've never turned money away. That's -- doesn't shock me that I'm giving you $1, 000 and you're not going to turn it away. Commissioner Gonzalez: And they're going to be very happy too. Chair Sanchez: All right. So for the record, I'm putting in $1, 000 out of my budget reserve from my office towards this resolution. All right. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " The resolution has been passed. All right. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Regalado absent, to adjourn today's meeting. Chair Sanchez: Are there any other items that we need to take up? Commissioner Sarnoff? Commissioner Sarnoff No. City of Miami Page 66 Printed on 3/19/2009 City Commission Meeting Minutes February 26, 2009 Chair Sanchez: All right. So, therefore, I need a motion to adjourn. Commissioner Sarnoff. So move. Commissioner Gonzalez: Motion to adjourn. Chair Sanchez: There is a motion to adjourn and a second. That motion is always greatly accepted and appreciated. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, have the same right, say "nay." Motion carries. Ladies and gentlemen, thank you so much. Have a good weekend, and have a good evening. City of Miami Page 67 Printed on 3/19/2009