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HomeMy WebLinkAboutCC 2009-06-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 25, 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 June 25, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 25th day of June 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: 34 a.m., recessed at 12: 48 p.m., reconvened at 2: 48 p.m., and adjourned at 3: 42 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9: 37 a.m. and Commissioner Gonzalez entered the Commission chambers at 9: 54 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. Want to take this opportunity to welcome you to the June 25, 209 [sic] meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are as following: Vice Chair Michelle Spence -Jones, Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner Marc Sarnoff, and myself, Joe Sanchez, as your Chair. Also on the dais you will have our City Manager, Pete Hernandez, who is just getting here; our City Attorney, Julie O. Bru; and our City Clerk, Priscilla A. Thompson. The meeting will be opened up with a prayer, and we will have our City Clerk lead us into prayer, andl will do the pledge of allegiance. Madam Clerk, you're recognized for the record for the prayer. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00674 PRESENTATION Honoree Presenter Protocol Item Community Commissioner Salute Relations Regalado Board Barbara Commissioner Salute Bisno Regalado 09-00674 Protocol.pdf PRESENTED 1. Vice Chair Spence -Jones presented Certificates of Appreciation to the following indviduals for their commitment to raising the quality of life in the community and participation in the 2009 Seniors First - Hurricane Readiness Expo: Laverne Holliday, Lavern Scott, Michelle Frasier, Loren Daniels, Von Carol Kinchens-Haynes, Chante Sweet, and Evelyn Jordan. 2. Commissioner Regalado paid tribute to the Community Relations Board for its outstanding dedication and commitment to building bridges of understanding and mutual respect in the City ofMiami. 3. Commissioner Regalado presented a Certificate of Appreciation to Barbara Bisno for her critical oversight, conscientious support, and outstanding dedication to promoting amicable City ofMiami Page 3 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 MAYORAL VETOES relationships in the City ofMiami. 4. Mayor Diaz presented a check in the amount of $8, 000 from Dream In Green and Home Depot for a six-month program that will monitor home energy use for 50-80 homes located in the City ofMiami and provide homeowners with methods on how to reduce energy consumption. Chair Sanchez: Let's go ahead and do the presentations and proclamation. It is my understanding that we have honorees. We have the 2009 Senior [sic] First Volunteers. That would be presented by Commissioner Spence -Jones, and those will be certificates of appreciation. Presentations made. NO MAYORAL VETOES Chair Sanchez: All right. As we continue the order of the day, there are no mayoral vetoes for the record. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones ORDER OF THE DAY Chair Sanchez: We need to approve the minutes of the Planning & Zoning meeting ofMay 28, 209 [sic]. Need a motion. Commissioner Gonzalez: Motion. Chair Sanchez: Motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by the Vice Chair. No further discussion on approving the Planning & Zoning meeting ofMay 28, 209 [sic]. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES Chair Sanchez: All right. We will now begin the regular meeting that was properly advertised. The order of the day is the agenda. Before we go to the presentation and proclamations, Madam Attorney, why don't you read the procedures to be followed during the meeting? You're recognized for the record. Julie O. Bru (City Attorney): Thank you, Mr. Chairman; and good morning, members of the Commission, Madam City Clerk, Mr. Manager, Mr. Mayor. 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. The material for each item on the agenda is available during business hours at the City Clerk's Office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for City ofMiami Page 4 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noisemaking devices. Please turn them off now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting, please contact the City Clerk. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. 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. Thank you. Chair Sanchez: Okay. [Later...] Chair Sanchez: All right. Let's continue with the order of the day. Before we do that, Mr. City Manager, are there any items that you would like to either withdraw or defer or substitute on this agenda? Pedro G. Hernandez (City Manager): Mr. Chairman and Commissioners, good morning. FR.1, I ask that it be withdrawn. It requires quite a bit of work, and it will come back as a new item. That's FR.1. I'm also deferringRE.6, and I'm withdrawingRE.7. Chair Sanchez: RE. 7. Mr. Hernandez: And -- Commissioner Sarnoff. How 'bout RE.3 -- 4? You okay with that one? Mr. Hernandez: No. It's FR.1 to be withdrawn, RE. 6 to be deferred, and RE. 7 to be withdrawn. Chair Sanchez: Okay. Mr. Hernandez: And also, Commissioner -- if you would allow me, Mr. Chairman. There is an item in the Planning & Zoning agenda for which people are here today. However, that item requires to go back to the Zoning Board, so we cannot hear the item today. Andl would like to ask for the item to be deferred to a no time certain or a date certain so they don't have to be here. Chair Sanchez: We'll get to the PZ (Planning & Zoning) later on, but absolutely. I don't want anybody to be sitting here when the item is going to be deferred. So what item is that so we could clear it out of the agenda and then --? Twelve and thirteen? All right, so -- Mr. Hernandez: Yes. Chair Sanchez: -- let's -- Mr. Hernandez: And it's not because of any concerns. It's the fact that the item has to go back to Zoning Board before being before -- coming before you again. Chair Sanchez: All right, so let's go ahead and have a motion and a second to continue those items, correct? Commissioner Sarnoff. Can you name what you want to defer or whatever you're not having for this agenda? Mr. Hernandez: It's -- the one that I was making reference to is PZ.12 -- City of Miami Page 5 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Sarnoff. And 13. Mr. Hernandez: -- and 13, which is the Miami -Dade Community College item -- Chair Sanchez: Okay. Let's get -- Mr. Hernandez: -- that because of the compromise that they worked on, it has to go back to Zoning. Chair Sanchez: We understand. We understand it's got to go back to Zoning, okay. So let's get a motion and a second. Commissioner Gonzalez: Motion on the deferral. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion and a second for deferral of PZ.12 and 13. Priscilla A. Thompson (City Clerk): For a length of time, please? Chair Sanchez: Excuse me? Ms. Thompson: What length of time? Mr. Hernandez: It will be to a no time certain because it has to go to Zoning Board, and we don't know at what Commission meeting it's going to come back to. Ms. Thompson: And we'll list that as an indefinite deferral, which is six months max. Chair Sanchez: Okay. Ms. Thompson: Thank you. Mr. Hernandez: Thank you. Chair Sanchez: All right. Thank you, Madam Clerk. All in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. I believe -- Commissioner Sarnoff, did you get the items that were withdrawn on the regular agenda? Commissioner Sarnoff. I didn't. Chair Sanchez: All right. It's FR.1 that's being withdrawn, coming back with new language; and then RE. 6 and RE. 7 are being deferred. Ms. Thompson: No. Mr. Hernandez: RE.7 is a withdrawal. Ms. Thompson: And then I need a date for your deferral of RE.6. City of Miami Page 6 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Mr. Hernandez: That will be to July 9. Ms. Thompson: Thank you. Chair Sanchez: All right, so both of those items have been moved to one -- Ms. Thompson: What I have here on record, FR.1 withdrawn, RE. 6 is deferred to July 9, and RE.7 has been withdrawn. Chair Sanchez: Okay. Ms. Thompson: Then PZ.s 12 and 13 are indefinitely deferred. Mr. Hernandez: Correct. Chair Sanchez: All right. That should take care of that. We'll continue -- Mr. Hernandez: And also, Mr. Chairman, there is a substitute on FR.3 -- FR.2, I'm sorry, that has already been distributed to you. Chair Sanchez: Okay. So all the Commissioners are in possession of that substitute? Okay. CONSENT AGENDA CA.1 09-00636 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner SOUTHWEST 4TH STREET FROM SOUTHWEST 62ND COURT TO Tomas Regalado SOUTHWEST 63RD COURT, MIAMI, FLORIDA, AS " JUAN MANUEL 'NANITO' VAZQUEZ WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00636 Legislation.pdf 09-00636 Exhibit.pdf 09-00636 Bio.pdf 09-00636 Codesignation Application.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0305 CA.2 09-00643 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Hearing Boards ATTACHMENT(S), RE -APPOINTING: 1) MARITZAALVAREZ, 2) JACK R. BLUMENFELD, 3) JUAN C. CURA, 4) LISA A. GORDON AND 5) DARCEE S. SIEGEL, AS SPECIAL MASTERS TO SERVE AS HEARING OFFICERS TO PRESIDE OVER CODE ENFORCEMENT AND OTHER SIMILAR HEARINGS AND PROCEEDINGS AND TO RENDER WRITTEN FINDINGS AND RULINGS, AS MAY BE REFERRED TO THEM BY THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL SPECIAL MASTER AGREEMENTS ("AGREEMENTS"), IN SUBSTANTIALLY THE ATTACHED FORM, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR THE City of Miami Page 7 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 REMAINDER OF FISCAL YEAR 2008-2009, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $5,000, PER AGREEMENT; ALLOCATING FUNDS, IN THE TOTAL AGGREGATE AMOUNT NOT TO EXCEED $25,000, FROM ACCOUNT CODE NO. 00001.311000.531000, FOR FISCAL YEAR 2008-2009, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 09-00643 Legislation.pdf 09-00643 Exhibit.pdf 09-00643 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0306 Chair Sanchez: Okay, consent agenda. Any consent agenda any of the Commissioners would like to pull for discussion or the Administration? If not -- Mariano Cruz: I'd like to speak on consent agenda number 2. Chair Sanchez: Well, we -- consent agendas are not open to the public. Mr. Cruz: It's always -- I always spoke (UNINTELLIGIBLE) -- before I spoke on consent agenda number 2 because, you know -- Chair Sanchez: Consent agenda -- correct me, Madam Attorney, consent agendas are not open to the public. Julie O. Bru (City Attorney): Technically, we do advertise it as something where anybody wishing to speak during the consent agenda, can ask the Clerk to note it. That's the way we advertise it. Chair Sanchez: Okay. All right. Madam Clerk, did he register to sign? Priscilla A. Thompson (City Clerk): Yes, he did. Chair Sanchez: Okay, you're recognized for the record. Mr. Cruz: Okay. Mariano Cruz, 1227 Northwest 26 Street. I was not going to come in here today, but yesterday I heard Pedro Hernandez, the City Manager, in a radio program (UNINTELLIGIBLE) -- Chair Sanchez: Which item are you -- Mr. Cruz: Yeah. Chair Sanchez: -- which item --? Mr. Cruz: It's consent agenda number 2. But he was talking about the City asking how you're going to cover the deficit. (UNINTELLIGIBLE) he say, well, we going to -- have to find new funding sources, and here I look at consent agenda number 2 and I'm going to say this is History 101, American History 101, remind me of the Declaration of Independence. I'm going to quote two paragraphs. Substitute the king for the Commission or the Manager. "He has erected a City of Miami Page 8 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance." Okay. And another paragraph say "He impose taxes without our consent:" taxes, fees, whatever you call them, okay. And also, it's in the special magistrate, it's like a kangaroo court. They're supposed to raise money for the City. They get paid don't know how much an hour, whatever, but the basic judicial premise of the judicial -- of the United States call English Common Law, nobody is guilty till you got to -- everybody's innocent till proven guilty, and here you got people -- andl mention two cases, 2144 Southwest 10th Street. Somebody drop some material there. The Code inspector write a ticket to the person, to the house. He never show the person -- he never show the thing. Then he goes to the kangaroo court. They say, oh, we never fine you $500. You have to pay $200. Two hundred dollars? A man that make $800 and some dollars social security. That's 25 percent of that pension. What he's going to do the month? Go without food, go without this, no, that's abusive power. Another one, 1861 Northwest 19th Street, an apartment building owned by a lady there. Somebody drop a sofa in front of the building. Sanitation inspector come and give a ticket, $500. Now, a judge -- a magistrate so powerful, he say magnanimous. Oh, we not going to give you $500, but you pay $100. Oh, what he spend his own salaries, whatever he gets from the City? No. I am against that -- Chair Sanchez: Okay. Mr. Cruz: -- because we -- no -- how come -- Chair Sanchez: Mariano. Mr. Cruz: -- the judge prove that he's guilty? Chair Sanchez: Thank you, Mariano. Mr. Cruz: If somebody kill somebody and dump him in front of my house, I kill him? Chair Sanchez: Mariano, thank you. You made your point. Mr. Cruz: No, but forget that. Chair Sanchez: Thank you. Okay. Mr. Cruz: That's what I want on record. Chair Sanchez: Thank you. Mr. Cruz: It's a lot of abuses going over there. Chair Sanchez: Thank you. CA.3 09-00666 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $3,000, TO Tomas Regalado CO-SPONSOR THE SHENANDOAH PARKS PRYMUS ANGELS ALL-STAR CHEERLEADING TEAM'S PARTICIPATION IN THE 2009 SUMMER CAMP TO BE HELD AT EMBRY-RIDDLE UNIVERSITY; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.882000.0000.00000. 09-00666 Legislation.pdf City of Miami Page 9 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 CA.4 09-00707 District 4- Commissioner Tomas Regalado This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0307 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,560, TO SPONSOR THE LOS TOROS SOFTBALL TOURNAMENT TO BE HELD AT JUAN PABLO DUARTE PARK ON SATURDAY, JULY 4, 2009; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.882000.0000.00000. 09-00707 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0308 Adopted the Consent Agenda PH.1 09-00635 Department of Fire -Rescue Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: All right, consent agendas [sic]. Any of the Commissioners wishing to pull any of the consent agendas [sic] for discussion? If not, need a motion to approve the consent agendas [sic]. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: Motion by the Vice Chair, second by Commissioner Gonzalez. No discussion on the consent agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." All consent agendas [sic] have been approved. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN City of Miami Page 10 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF MAINTENANCE AND REPAIR SERVICES OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT, FROM DRAEGER SAFETY, INC., FOR THE DEPARTMENT OF FIRE -RESCUE, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, AT A FIRST -YEAR COST NOT TO EXCEED $35,000, WITH OPTIONAL ANNUAL INCREASES NOT TO EXCEED 4%; 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. 09-00635 2009 Legislation.pdf 09-00635 Summary Form.pdf 09-00635 Memo 1.pdf 09-00635 Notice to the Public.pdf 09-00635 Memo 2.pdf 09-00635 Memo 3.pdf 09-00635 Letter.pdf 09-00635 Letter 2.pdf 09-00635 2009 Contract Safety.pdf 09-00635 2009 Spare Parts.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0309 Chair Sanchez: Let's go to PH.1. PH.1 requires a four fifth vote. Glenn Marcos: Good morning, Commissioner. Glenn Marcos, Purchasing director. The item before you does require a four fifth vote, and it is a public hearing. We're seeking Commission approval on a maintenance and repair services for the Self -Contained Breathing Apparatus. This is a sole source purchase, and we're seeking a four fifth approval by the City Commission. Chair Sanchez: Okay. Can we get a motion? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Motion. Chair Sanchez: There's a motion by the Vice Chair. Can we get a second? Commissioner Sarnoff. Second. Chair Sanchez: All right, second by Commissioner Sarnoff for the record. Before we open it up for discussion, it is a resolution. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 11 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, PH 1 was approved, 5-0. PH.2 09-00634 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, Recreation APPROVING AN AMENDMENT TO THE ORIGINAL SCOPE OF WORK FOR THE LUMMUS PARK HISTORICAL AND CULTURAL VILLAGE PROJECT (THE "ORIGINAL PROJECT"), AS ADOPTED ON JULY 16, 1996, BY THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, THEREBY DELETING RENOVATIONS TO THE WAGNER HOUSE AND FORT DALLAS BARRACKS, AND INSTEAD, PROVIDING FOR RENOVATIONS TO THE RECREATION BUILDING AND PROVIDING FOR ANCILLARY SITE IMPROVEMENTS (THE "AMENDED PROJECT); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A REVISED GRANT APPLICATION TO MIAMI-DADE COUNTY FOR SAID CHANGES IN THE PROJECT AND TO ACCEPT ANY REVISED RELATED GRANT FUNDING RECEIVED FROM MIAMI-DADE COUNTY; DIRECTING THE CITY MANAGER TO OPERATE AND MAINTAIN SAID AMENDED PROJECT UPON ITS COMPLETION. 09-00634 Legislation.pdf 09-00634 Exhibit 1.pdf 09-00634 Exhibit 2.pdf 09-00634 Exhibit 3.pdf 09-00634 Exhibit 4.pdf 09-00634 Exhibit 5.pdf 09-00634 Exhibit 6.pdf 09-00634 Exhibit 7.pdf 09-00634 Exhibit 8.pdf 09-00634 Exhibit 9.pdf 09-00634 Summary Form.pdf 09-00634 Memo.pdf 09-00634 Notice of Public Hearing.pdf DEFERRED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to defer item PH.2 to the Commission meeting currently scheduled for July 9, 2009. Direction by Vice Chair Spence -Jones to the Administration to have the Preservation Officer for Historic Preservation meet with the District 5 office to determine if an analysis was done regarding the preservation of Wagner House and Fort Dallas Barracks before monies are used to support other projects. Chair Sanchez: PH.2 is also a resolution. That comes to us from the Department of Parks and Recreation. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is a resolution approving an amendment to the original scope of park for the Lummus Park Historical and Cultural Village project, funded with -- through the Safe Neighborhood Parks Bond program. City of Miami Page 12 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: Okay. Vice Chair Spence -Jones: Mr. Chairman, I -- Chair Sanchez: Let's get a motion and a second for the purpose of discussion. Can we get a motion? Commissioner Sarnoff Move it. Chair Sanchez: Motion by Commissioner Sarnoff. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. The item is under discussion. Vice Chair Spence -Jones: Yes, andl definitely have discussion. This project is actually in my district -- Chair Sanchez: Okay. You're recognized for the record. Vice Chair Spence -Jones: -- so I really would like to appeal to my fellow Commissioners that I'm not comfortable with this decision being made about these two historical houses that are in the heart ofLummus Park. I'm sure we know what they are. They're houses that are there. And I really haven't had a full understanding as to why this is not enough money to at least start on the project or at least to do one of them, so I would ask for the maker of the motion or the person that second it to reconsider it. Chair Sanchez: For -- Commissioner Gonzalez: I'll reconsider my second. Chair Sanchez: Okay. All right, so there -- the second withdraws his motion. There's no motion on the table. So what is the intent, Commissioner -- Vice Chair? What is it, to defer it? Vice Chair Spence -Jones: The intent is to defer it. Chair Sanchez: To defer it, okay. It's -- there's a motion to defer the item to the next -- Commissioner Gonzalez: Second the motion. Chair Sanchez: -- regular Commission meeting. It has been second by Commissioner Gonzalez, so the item on the table right now is a deferral. Hearing no discussion on the item, before we vote on that, it is a public hearing. Anyone wants to speak on this item, please step forward and be recognized. I don't want to deny anybody due process on a public hearing. All right, no one from the public wants to address the Commission, so the public hearing is closed, coming back to the Commission. Once again, we're voting on a deferral. There's been a motion and a second. No further discussion on PH.2. It's a resolution to defer the item to the next regular Commission meeting. Vice Chair Spence -Jones: I just have a statement for the City Manager. Chair Sanchez: All right. Vice Chair Spence -Jones: Andl did state my concern about this. This is not the first time. So what I would like to have happen -- I just spoke to Planning, but who's ever over historic preservation, I would like to at least hear from them or have them at least meet with our office to City of Miami Page 13 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 FR.1 09-00560 FR.2 09-00637 Honorable Mayor Manny Diaz find out if there was an analysis done -- because my understanding, there was not as to why these -- I believe this -- one of these particular houses, the Wagner house, was one of the oldest slave quarters or something to that effect. And before we do not put monies to support the preservation of that, I would really like to have the information first, so we're just going to defer it until we do that. Pedro G. Hernandez (City Manager): I'll have that information available to the full Commission. Chair Sanchez: All right. All in favor of deferring the item, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Five -zero for a deferral. END OF PUBLIC HEARINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO ESTABLISH A CITY OF MIAMI RESPONSIBLE CONTRACTOR PROGRAM, NEW SECTION 18-118 OF THE CITY CODE; INCLUDING ESTABLISHING AN OVERALL HOURLY RATE OF PAY, PLUS BENEFITS, PER SPECIFIED PROVISIONS OF THE MIAMI-DADE COUNTY CODE REFERENCED HEREIN; AUTHORIZING THE CITY MANAGER TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR MONITORING COMPLIANCE WITH AND ENFORCEMENT OF THIS PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00560 Legislation 6-25-09.pdf SPONSORS: CHAIRMAN SANCHEZ VICE CHAIR SPENCE-JONES WITHDRAWN ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE V ENTITLED "INDOOR ENVIRONMENTAL AIR QUALITY CONSTRUCTION MANAGEMENT PLAN DURING CONSTRUCTION ORDINANCE" TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00637 Legislation SR.pdf City of Miami Page 14 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones FR.3 09-00638 Honorable Mayor Manny Diaz Chair Sanchez: Okay, let's move on to -- FR.1 was withdrawn, so we move on to FR.2 that has a substitution. Robert Ruano: Commissioners, Robert Ruano, director of Grants & Sustainable Initiatives. FR.2, which you have the substitution item, is an ordinance creating an article entitled "Indoor Environmental Air Quality Construction Management Plan During Construction." Essentially, it will require units during construction of over three residences or commercial residences to have an indoor air quality plan in place during construction and prior to occupancy. Chair Sanchez: All right, can we get a motion? Commissioner Sarnoff. So moved. Chair Sanchez: Motion by Commissioner Sarnoff. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair, so the item is opened. Before we do that, it is an ordinance on first reading, requiring a public hearing. It'll come back to us on second reading, giving you an opportunity to address this item both in first reading and second reading, so the public hearing is opened for first hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any discussion on this item? Hearing no discussion on the item, Madam Attorney, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Sanchez: We just approved FR.2. We are moving -- FR.2 is approved, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE VI ENTITLED "SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL" TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION, SEDIMENT CONTROLAND DISCHARGE OF STORMWATER IN THE CITY OF MIAMI; IMPLEMENTING ADMINISTRATIVE FEES AND ENFORCEMENT PROCEDURES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 15 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 09-00638 Legislation SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We move on to FR.3. It's an ordinance also on first reading. Need a motion. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by the Vice Chair [sic]. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by -- I'm sorry. Motion was made by Commissioner Gonzalez, second by the Vice Chair. All right, the item is -- before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. This ordinance is on first reading. Sir, you're recognized for the record -- Robert Ruano (Director, Grants & Sustainable Initiatives): Okay. Chair Sanchez: -- as to what we're voting on. Mr. Ruano: Okay. Again, Robert Ruano, director of Grants & Sustainable Initiatives. This article -- creates an article entitled "Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Control. "Essentially, what it is doing, it is reducing the limit. Typically, what we did in construction, the City did, is look at properties that were one acre; we're putting it at half an acre and making sure that there's a plan in place to control dust, erosion, sedimentation, that it has to be in place already; and it's also increasing the fine, increasing the fine from -- to $1, 000 per violation, so this does require also a four fifths vote. Chair Sanchez: All right. Any questions from the Commission? Any discussion on the item? If not, the -- there's a motion and a second. The public hearing was opened and closed. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Mr. Ruano: Thank you. Chair Sanchez: Okay. That takes care of those items. END OF FIRST READING ORDINANCES City of Miami Page 16 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 RESOLUTIONS RE.1 09-00640 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA INLAND NAVIGATION DISTRICT, AN INDEPENDENT SPECIAL DISTRICT OF THE STATE OF FLORIDA, FOR THE TEMPORARY PLACEMENT OF DREDGED MATERIAL ON CITY PROPERTY LOCATED AT VIRGINIA KEY ABUTTING MIAMI-DADE COUNTY'S PROPERTY LOCATED AT 3989 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, ON AN "AS -NEEDED" BASIS RESULTING FROM THE IMPROVEMENT AND MAINTENANCE OF THE INTRACOASTAL WATERWAY, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00640 Legislation.pdf 09-00640 Exhibit 1.pdf 09-00640 Exhibit 2.pdf 09-00640 Exhibit 3.pdf 09-00640 Exhibit 4.pdf 09-00640 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0310 Chair Sanchez: And we move on to RE.1. RE. 1 s [sic] are resolutions. Department of Public Facilities. Madeline Valdes (Acting Director): Madeline Valdes, Department of Public Facilities. RE.1 is a resolution authorizing the City Manager to execute an interlocal agreement with the Florida Inland Navigation District for the temporary placement of dredge materials on the City property on Virginia Key abutting the Miami -Dade County's water and sewer treatment plant. This interlocal agreement allows a fine to place dredge materials for two years on the site with two one-year options. The options are the City's sole option. This dredge material is coming from Tallahassee, all the way down to Miami, and we have first option to use this dredge material should we need it for the master plan implementation around the sewer plant. Any questions? Commissioner Sarnoff. I do. Mr. Chair? Chair Sanchez: All right. Let's get a motion and a second before we open -- Commissioner Sarnoff. So moved. Chair Sanchez: -- it up for discussion. Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion -- City of Miami Page 17 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. The item is under discussion, okay. Commissioner Sarnoff. This material, this could be used as a berm to hide the water treatment plant? Ms. Valdes: That is correct. Commissioner Sarnoff. How will this come from Talla -- did they say Tallahassee in is that --? How is this going to come from Tallahassee? Ms. Valdes: It's my understanding, it will be brought in through a barge on the waterway on the inlet. Commissioner Sarnoff. Will that be allowed? Ms. Valdes: I have the FIND (Florida Inland Navigation District) commissioner here, and he can answer that question. Commissioner Sarnoff. Will that be allowed? Chair Sanchez: Name an address for the record. Spencer Crowley: Spencer Crowley, 1 Southeast 3rdAvenue, Miami -Dade County Commissioner for the Florida Inland Navigation District. This material will be barged in from (UNINTELLIGIBLE) 2 of the intercoastal on Miami -Dade County, so it's not comingfrom Tallahassee; it's comingfrom the intercoastal here in the County in the stretch that fronts the City mostly, so -- Commissioner Sarnoff. But my point is you're going to allow them to barge it in up around the north point? Mr. Crowley: David Roach, my staff is here. He knows the logistics of it, how it's going to get onto the site. David Roach: Good morning. Thank you for the opportunity. We would actually have a pump -out barge. Chair Sanchez: Sir, name and address for the record, please. Mr. Roach: Yes, sir. Chair Sanchez: Good morning. Mr. Roach: David Roach, 1314 Marzinsky Road, in Jupiter. We would actually be pumping the material in through a pipeline, so we would not be driving a barge over sensitive habitat. Commissioner Sarnoff. That was really my point because I think it's a turtle nesting area right there. City of Miami Page 18 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Mr. Roach: Correct. There are all types of sensitive habitats in the area. Commissioner Sarnoff. Okay. That's my only question. Chair Sanchez: And you're taking every precaution to protect them, correct? Mr. Roach: Correct. The agreement provides the City with the authority to review, approve, or deny all plans that we proffer. And we will be taking all precautions to protect all aspects of the environment. Ms. Valdes: Yeah. It even requires them to test the material before -- Commissioner Sarnoff. Right. Ms. Valdes: -- they place it on the land. Chair Sanchez: Okay. Mr. Roach: Correct. Chair Sanchez: Any further discussion on this resolution? Hearing no discussion, it's a resolution; doesn't require a public hearing. Anyone -- there's a motion and a second already. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone the opposition, having the same right, say "nay." Motion carries. Ms. Valdes: Thank you. RE.2 09-00641 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE Purchasing AWARD TO JAM ENVIRONMENTAL & VACUUM SERVICES, LLC, PURSUANT TO INVITATION FOR BID NO. 110051,2, AND AWARDING THE BID TO WORLD PETROLEUM CORP., THE SECOND LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF WASTE OIL, ANTIFREEZE, NON -HAZARDOUS PETROLEUM IMPACTED PRODUCTS, COLLECTION, DISPOSAL AND RECYCLING, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 19 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 09-00641 Legislation.pdf 09-00641 Summary Form.pdf 09-00641 Award Recommendation.pdf 09-00641 Tabulation Bid.pdf 09-00641 Email.pdf 09-00641 Corporation.pdf 09-00641 RFQ.pdf 09-00641 Addendum No. 2.pdf 09-00641 RFQ 2.pdf 09-00641 Invitation for Bid.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0311 Chair Sanchez: All right. We move on to RE.2. No. RE.2 was deferred. Glenn Marcos (Director, Purchasing): No. Chair Sanchez: No. I'm sorry. Mr. Marcos: Commissioner, Glenn Marcos. Chair Sanchez: I do apologize. You're recognized for the record on RE.2. Mr. Marcos: Thank you. Glenn Marcos, Purchasing director. Commissioner, this item is an item that was presented to the City Commission back on March 26 of this year. We recommended at that time for the award to be made to JAM Environmental & Vacuum Services for the provision of waste oil antifreeze, non -hazardous petroleum impacted products, collection, disposal, recycling citywide contract. Since then, we have been in communication with the lowest bidder. And due to the fact that they're unable to secure the insurances required for this contract, they have come back an advised us that they won't be able to honor the bid prices. Before you is an item that we're seeking two actions from the City Commission. The first action is to rescind the awardfrom JAM Environmental & Vacuum Services, LLC (Limited Liability Company) and make the award to the next lowest bidder, which is Will Petroleum Corp. This actual contract is for two years, with options for renew for two additional one-year periods. And that's we're -- pretty much what we're doing. We're seeking -- in which the City Commission will be rescinding the awardfrom one bidder and awarding it to the next lowest bidder. Commissioner Gonzalez: Move RE.2. Chair Sanchez: All right. There's a motion on RE.2. Is there a second for the purpose of discussion? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair for the purpose of discussion. All right, the item is under discussion. I just have one question. Why can't they upfront show you that they do have the one million insurance required? Mr. Marcos: They won't do it until they are ensured that they're going to end up receiving the actual award. In this particular case, they knew of the requirements as they were stipulated in the IFB (Invitation for Bid). At that particular point in time -- and there is back-up City of Miami Page 20 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 documentation as part of the agenda item -- that they thought that it was not going to be a cost to them, so when they went back to the insurance provider and ended up asking them to increase their insurance, their insurance provider came back and said that there was going to be an increase to their policy. They're okay. I mean, they had no problem with increasing their policy, except for the fact that due to the additional cost, they wanted for the City to increase the bid prices, and we're denying that actual request. Chair Sanchez: All right. Because it just makes business -- better business practice if these companies that bid -- and you're required to have insurance to do anything with the City, first off - - to start off with. So why can't we have a system in place to make sure that right off the bat they must have the insurance, that you do have the insurance, whatever it may be to be able to do business with the City? Because what happens here for the sake of time in the project -- now, we resent [sic] this, it goes to the second bidder, and it's -- at times, you know -- times -- time is very important. Mr. Marcos: It does create a problem, Commissioner. We recognize that. We also recognize the fact that in this particular case -- and we are working with the Risk Management Department - - that some of our requirements might be a little bit too stringent also, and so that's something that we're working with our Risk Management Department. The actual requirement here is a 1 million, $2 million policy, and most of your vendors do not carry a $1 million, $2 million policy. And furthermore, another requirement that was stipulated herein is that you have a $1 million requirement for automobile liability. Again, that's something that's not very, very common. And unless these companies end up dealing with their insurance provider day in and day out, they don't realize whether or not there's going to be a cost to that. In this particular point and case, you had the bidder thinking that they would be able to go ahead and sustain their bid prices, but not until they were advised by their insurance companies that there was going to be an increase. That's when we ended up getting a feedback from them that they were going to be unable to comply with the bid prices. Chair Sanchez: Meet the requirements of the insurance. All right. Okay. Any further discussion on RE.2? It's a resolution. If not -- Commissioner Sarnoff. Can I just ask a question, Mr. Chair? What was -- Chair Sanchez: You're recognized for the record, Commissioner Sarnoff. Commissioner Sarnoff. -- the size of the contract? Chair Sanchez: Fifty thousand. Mr. Marcos: This -- the actual size of the contract -- you're looking at a -- Chair Sanchez: Fifty thousand. Mr. Marcos: -- an approximate total annual spend of $50, 000. Commissioner Sarnoff. And Risk Management is requiring a one million policy? Mr. Marcos: One million, two million. They look at it -- they look at -- Commissioner Sarnoff. A current CGL (Commercial General Liability) policy? Mr. Marcos: I'm sorry? Commissioner Sarnoff. CGL? City of Miami Page 21 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Mr. Marcos: I believe so, yes. I mean, I'll -- I can't speak for Risk Management -- Commissioner Sarnoff. Well, one million CGL per occurrence policy? Mr. Marcos: If you give me one second, I can tell you. Commissioner Sarnoff. Not a claims made. Mr. Marcos: Hold on. Pedro G. Hernandez (City Manager): Commissioner, Risk Management is in the process of reviewing their insurance requirements, especially with smaller projects and also taking into account the type of risk to the City. This is normally a -- an issue when you're dealing with contracts of this size that the one million appears to be excessive. Now here we're dealing with environmentally sensitive issues that may require a higher insurance, but maybe not as high as the one million, so the Department is taking a look at their policy to make it more realistic to the contracts that we're dealing with, taking into account the risk. Commissioner Sarnoff. I know you andl have had this conversation on a number of contracts. There's somebody that just had a $6, 000 contract that was required to have 3 to $5 million of insurance. Mr. Hernandez: With a lot lesser risk than even this one. Commissioner Sarnoff. I think the most the -- yeah. Mr. Hernandez: It was a marketing contract. Commissioner Sarnoff. I would just hope that somebody from your office, Pete, that is familiar with insurance and is familiar with risk. Is challenging our department as Risk Management in requiring policies that far out -distance the am of money they're going to be making from the City ofMiami. I mean, this all gets passed on to the taxpayer, and one way or another, it goes into their bid. Either these folks who have a $6, 000 contract suddenly bid 12,000 because the 6,000 covers their insurance premium for having a $3 million policy, it makes absolutely no sense. So I would hope that your -- and I'm just using this as a vehicle to talk about something that's a problem, that you need to be thinking about -- you're passing all this on to the citizens. One way or another, the taxpayers are paying for a requirement by Risk Management to over -insure contracts in the City ofMiami. Mr. Marcos: Commissioner, ifI may, I'll speak also. This is an issue that we will be addressing in our small business ordinance also because of the fact that it does impact our small businesses and realize that they're not going to be able to afford these insurances and be able to compete for City contracts. Commissioner Sarnoff. When will that ordinance come before us? Mr. Marcos: We're currently working on it. There's an ordinance that was, I think, pulled today. We want to allow for that ordinance to be provided and be presented before you and then after that ordinance is presented, then we're looking into coming next with a small business ordinance. Commissioner Sarnoff. Okay. Thank you. Chair Sanchez: All right. No further discussion on RE.2. It's a resolution. All in favor, say City ofMiami Page 22 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE.2 was approved 5-0. RE.3 08-01400 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING, SUBJECT TO THE ENACTMENT OF LEGISLATION AMENDING THE MIAMI ZONING ORDINANCE TO PERMIT LED SIGNS, THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. 08-01400 Legislation 5-28-09.pdf 08-01400 Exhibit 5-28-09.pdf 08-01400 Summary Form 5-28-09.pdf 08-01400-Submittal-Photos-Commissioner Sarnoff.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to defer item RE.3 to the Commission meeting currently scheduled for July 9, 2009. Chair Sanchez: RE. 3. Pieter Bockweg (Assistant to Senior Director, Planning & Zoning): Good morning. Pieter Bockweg, project manager. This is an amendment to the settlement agreement with Clear Channel and the City ofMiami to allow for three T,FD (Light Emitting Diodes) faces on existing structures and the removal of 13 structures within the City limits. Chair Sanchez: All right, we need a motion and a second. Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. We are on RE.3. It is a resolution. The item is under discussion. Before we open it up to the public, anyone wishing to discuss this item? Commissioner Sarnoff. Yes, sir, Mr. Chair. Chair Sanchez: All right. Commissioner Sarnoff, you're recognized for the record on RE.3. Commissioner Sarnoff. Well, I'm not absolutely convinced that you have -- we have the authority to go forward as we presently have this legislation or presently have the settlement agreement without having some sort of an amendment to the sign code or an enabling legislation with the County, but be that as it may. Some Commissioners here may be in favor of outdoor advertising and may be in favor of billboards. I happen not to be one of them, but I think certainly they are a reality, and if we're going to have them, we should be doing a better job of actually having the structures and where we place them. And, Mr. Bockweg, exactly, for an T,FD City ofMiami Page 23 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 sign -- an LED sign is a sign that allows you to display different faces. I believe it's seven per minute. Mr. Bockweg: It's a minimum of eight seconds, according to FDOT (Florida Department of Transportation), so -- Commissioner Sarnoff How many faces would they get per minute? Mr. Bockweg: Seven. Commissioner Sarnoff Okay, so I wasn't that far off. Mr. Bockweg: Right. Commissioner Sarnoff Actually, I was dead on, but -- Mr. Bockweg: Right. Commissioner Sarnoff -- you don't have to say that. So they get -- where they would have had one face, they now have seven faces per minute. So it's obviously a more lucrative sign to the industry. How many signs do they remove -- so how many static signs do they remove to get an LED sign? Mr. Bockweg: For one LED face, they'll have to remove four structures, so that's eight signs. Commissioner Sarnoff So four structures -- so it's a 4-1 ratio? Mr. Bockweg: Pretty much, yes. Commissioner Sarnoff Andl guess it's, in some respects, an 8-1 ratio because it's both sides, correct? Mr. Bockweg: No, no. One structure -- Commissioner Sarnoff Four structures, right? Mr. Bockweg: -- which has two sides. Commissioner Sarnoff Okay. Now, there's something called the "Gateway Boundaries"? Mr. Bockweg: Correct. Commissioner Sarnoff What happens -- the gateway boundaries, for our purposes, are what we like to consider the pretty part ofMiami that we certainly preserve, if you will, for our tourist community; fair statement? Mr. Bockweg: Sure. Yes. Commissioner Sarnoff What happens to the existing structures in the gateway boundaries? Mr. Bockweg: Under the amendment that we have in place, I believe there are four structures that are coming down that are in the gateway map. The other ones will remain. Commissioner Sarnoff The gateway map, for our purposes, happens to be everything in the circles. And you provided this to each Commissioner, correct? City ofMiami Page 24 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Mr. Bockweg: That's correct. Commissioner Sarnoff. So this is what you're trying to preserve -- could we call it a view corridor? Mr. Bockweg: Yes. Commissioner Sarnoff. And the reason you're trying to preserve a view corridor is because most people perceive a billboard to be disturbing their view corridor? Mr. Bockweg: I guess you could say that. I don't know what they -- Commissioner Sarnoff. You have no idea why you would be preserving a gateway boundary? Mr. Bockweg: Well, we prefer to have it on the main corridors, like I-95 and the highways as opposed to inner streets like Biscayne Boulevard or the other avenues within the City. Commissioner Sarnoff. Right, because we're trying to preserve our views. Mr. Bockweg: Right. Commissioner Sarnoff. Okay. So -- and one more time -- andl apologize; I didn't hear you -- what happens to the existing structures in the gateway corridors, the circles? What happens to them? Mr. Bockweg: They will remain. If they're not the ones that are in the amendment to come down, they will remain. Commissioner Sarnoff. So we can't do anything under this -- or this agreement doesn't address preserving the gateway corridors. Mr. Bockweg: The amendment, no. In the settlement agreements, all the signs under Clear Channel's itinerary has to be retrofitted according to the agreement, once per month or by way of an affidavit saying they're not allowed to access the property from the property owner, but all the signs under Clear Channel needs to be retrofitted to a monopole structure. Commissioner Sarnoff. So, ifI understood you correctly, anything existing in the gateway goes to a monopole? Mr. Bockweg: Any billboard existing in the entire City ofMiami under Clear Channel has to go to monopole. Commissioner Sarnoff. Okay. Mr. Bockweg: And there will not be any more -- under Clear Channel's agreement, there will not be any more structures in the gateways. Commissioner Sarnoff. But those structures that are in the gateway remain? Mr. Bockweg: That's correct. Commissioner Sarnoff. Okay. I'm going to hand something to my Commissioners. These -- this is photographs that took when I was in Dubai -- on non -taxpayer dollars, I might add. I don't want anybody thinkingl went there on taxpayer dollars -- and you'll actually see in Dubai how City ofMiami Page 25 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 they do billboards. And you can see the billboard that they display on the first page demonstrates what appears to be a very artistic and very well-done billboard. They don't use a monopole. Equally, Arizona requires this very same structure. And it seems to me, if we're about to change an agreement between a party who wants to get something as lucrative as an LED display so they go from displaying one static image to seven static images per minute, we should, at a minimum, require that they go to the Arizona or to the Dubai concept. These are rated at 160 miles per hour. What is the rating for the City ofMiami? Mr. Bockweg: I believe it's 150 or 160. Commissioner Sarnoff. So these would fit the rating? Mr. Bockweg: That's correct. Commissioner Sarnoff. What -- when you went to the industry and you asked them to go to a Dubai concept or an Arizona concept, what was their response? Mr. Bockweg: Their initial response was "that's something we'll have to look into." And we've tried to negotiate to go to more of that kind of a structure, and ultimately, they had said no. Commissioner Sarnoff. Okay. So they said essentially, we want T,FDs, but we're not willing to give you a structure that we could be proud of to look at? Mr. Bockweg: Well, they had mentioned they would give us other alternatives, but not particularly the Dubai example. Commissioner Sarnoff. Right. They offered to paint the monopole, right? Mr. Bockweg: They offered to paint -- do some -- Commissioner Sarnoff. They offered to put bricks on the monopole, right? Mr. Bockweg: Well, that was one of the examples they provided there. They also had agreed to paint the pole in the same color as the building if it's adjacent to a building, plant some trees, to that effect. Commissioner Sarnoff. So they weren't willing to go to this particular Arizona or Dubai concept? Mr. Bockweg: No. Commissioner Sarnoff. You know, I got impressed by my Commissioners. If we're going to make profound changes in the City ofMiami, this is one of the ways, one of the easiest ways, one of the simplest ways that we could require a minimum requirement for the folks who are putting up T,FDs, to require them to put up the new structure in a format that the state of Arizona has mandated, that Dubai has mandated; cities that are trying to become great cities, cities that are in the process of being built, just like our cities is in the process of being built; and we should mandate, if we're going to allow billboards, that billboards be aesthetically pleasing. I mean, all too often we thrust upon neighborhoods, we thrust upon places billboards, which are bad enough, and then we put a steel structure, which inevitably rusts, because we all can look at the old structures, and they look horrible, and no one is proud to live near or around a billboard. I think the other thing we can do, with disagreement, is require the distance arrangements to change from going from 600 to a minimum of 1,200 feet so that we get a good distance requirement, double what the industry friendly 600 they're looking for. I think we equally should change the assignment language to the assignment language that we put in the CBS agreement City ofMiami Page 26 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 because it's better for the citizens ofMiami. Now, I don't know that I'm ready to support this, andl think this needs to go back to the drawing board. Andl hope another Commissioner would join me in requiring this industry, whether it's legal or illegal, at least to get the best deal we can get for the citizens ofMiami. Andl haven't even addressed whether the amount of money they're coming up with is correct because I'm going to assume for the moment that requiring them to create a better structure, a more aesthetically pleasing structure, a structure, ifI could be so bold as to say, is almost like furniture that we can allow them to put that money into the structure and not increase the payments to what I think it should be because I think an LED billboard is probably worth three times what a static billboard is worth to the industry. So I would say to my Commissioners defer this item. Let them come back -- force them to create a concept that other cities are requiring of the advertising industry, and at least let's look at a city that we can be proud of if we're going to allow these type of structures to exist; and equally, I implore you to require the assignment language, as suggested in the CBS agreement that Warren Bittner has provided. Chair Sanchez: All right. For the record, there's a motion and a second on this resolution, so the item is under discussion, okay. You want to proffer a motion to defer? Commissioner Sarnoff. I do. Chair Sanchez: Okay. Is there a second for a deferral? All right, there is no second, so the resolution stands on the table as approving the item. Commissioner Regalado: I will second just to clarify, but -- Chair Sanchez: Okay -- Commissioner Regalado: -- I would like to make a comment. Chair Sanchez: -- but hold on. So the deferral oversees [sic] the motion that's on the table, so the proper motion right now that's on the table is for a deferral, okay. That's what we're voting, all right. So Commissioner Regalado, on the deferral. Commissioner Regalado: On the deferral. I think that, number one, it's important that we close out this page with a settlement. I don't agree with the issue of increasing the charges to the companies because the market now is not the same market that we saw several years ago, several -- even month ago. My issue is not the amount of money that they're paying. I don't know what went on. I know that you had mentioned that in a settlement or in other city, I think it was Antonio, that there was a mistake on the information that you provided because it wasn't so much as you thought it was; right? Mr. Bockweg: Right. It -- I had misunderstood the ordinance. It wasn't $12, 000 that I had stated a month ago. It's actually more like $2,379. Commissioner Regalado: Right. So I don't think that we can just try to get more money because the market is almost dead. I mean, I know that the market of advertising throughout the United States is hurting more than any other industry, except the auto industry. So my issue is not about the money. I would not support at this time more money for this. I do -- like to understand what are the possibilities of the industry having a better pedestal for the T,FDs, and I think it's not too much to ask. I think it's about aesthetics, about the way that it's located. I do support the change of getting rid of some of the billboards and some of the corridors, Biscayne and Bird Road and others, but I just think that you need to see -- or you need to talk to the industry to see how this can be accommodated. We know that they have to be on a pedestal. That's the only way to do an LED. Can't do it other way. So this is why I think we need just a little tweaking. But I just want to be clear on my support of the deferral, that the industry now cannot afford. City ofMiami Page 27 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 And you know, if you don't sell, you just cannot pay to the City. That's what it is. So I -- that's why I support the deferral. I think that you should -- guys talk to the industry to see how they come up with the -- sort of a better design. Chair Sanchez: All right, so we're voting on the deferral. Let's see if we have a vote for deferral or not. Vice Chair Spence -Jones: Well, before I do that, I want to just piggyback on something that Commissioner Regalado said before -- Chair Sanchez: You're recognized -- Vice Chair Spence -Jones: -- regarding the deferral. Chair Sanchez: -- for the record on the deferral. Vice Chair Spence -Jones: Okay. Based upon the last time we had this discussion here, it was based upon -- us deferring it the last time was based upon the rates and us not being clear about whether or not some things were legal, so I thought that that's what the discussion was going to be about today. Now, today we get in the hearing and the discussion is about whether or not it's going to look aesthetically pleasing, and I want to piggyback off of what you're asking because the question becomes -- so you're not -- we don't have a issue with the money because apparently, staff, when they briefed me -- staff? When you guys briefed me, I was -- it was communicated to me that our City Attorney didn't have an issue with it. Mr. Bockweg: That's correct. Vice Chair Spence -Jones: It was communicated to me that the amount that was originally proffered was -- needed to be corrected on the record, which I think we should do officially, which was one of the thoughts or discussion points, but never was there a discussion point around the aesthetics of what the poles or what any of that look like. So I want to just piggyback off of Commissioner Regalado, if there's anyone from Clear or if staff can tell me now or tell us now are they willing to make the adjustments so that the poles could look more aesthetic based upon the recommendation that Commissioner Sarnoff was [sic] made? Chair Sanchez: All right. Vice Chair Spence -Jones: Only because I just think that that is one of the issues. Commissioner Sarnoff. I just don't want you to think I just brought this up now. I've been bringing this up through -- I don't want you to think I sprung this now on them. I didn't. Vice Chair Spence -Jones: Okay. Because the only reason I ask -- Commissioner Sarnoff. And these -- Vice Chair Spence -Jones: -- was because no one has men -- in none of my briefings has this been mentioned, but it's fine. Let's just deal with this so we can move on. Can someone from the company or from staff -- Mr. Hernandez: Mr. -- Chair Sanchez: Sir, you're recognized -- Mr. Hernandez: -- Chairman, ifI -- City of Miami Page 28 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Vice Chair Spence -Jones: -- communicate it? Chair Sanchez: -- for the record. Mr. Hernandez: -- may, to clarify that point. The issue of aesthetic treatments is something that has been discussed before; it's something that has been discussed with Clear Channel. Maybe they haven't been too receptive to our requirements. Vice Chair Spence -Jones: Can we just ask them -- Mr. Hernandez: I do -- Vice Chair Spence -Jones: -- because they're here right now? Mr. Hernandez: -- feel -- andl wanted to put this statement on the record so, hopefully, they can respond to it -- that the item we have before us with some minor modifications that they are willing -- if they were willing to accept it, would handle those issues. For any modifications to existing billboards or whenever they have a new design, that it has to be subject to City ofMiami design review with reference to structure, framing, color, texture, et cetera, so we can impose a more aesthetically pleasing design because that's a component that is very subjective, andl think that if we take it through design review process, that we can advance that. Vice Chair Spence -Jones: So the only issue that my fellow colleague, Commissioner Regalado, has is the fact that this whole aesthetically -- andl -- it should be aesthetically pleasing. Can you or either one of you guys answer? Are you guys willing to make the adjustment? Felix Lasarte: Yes, Commissioner. Felix Lasarte, with offices at 5835 Blue Lagoon Drive, on behalf of Clear Channel Outdoor. I apologize for the laryngitis. But Commissioner Sarnoff, at the last meeting -- andl wasn't here. I was not retained at that time, butt heard the tapes on your website, and you did raise the issue of beautfing the signs. My client has informed me that they are willing to come to the City and provide four or five different alternatives on beautiing these LED signs where it's possible, and we're going to have to work with staff. Some of these signs have been there for a long time, so obviously, we need to get very creative on how we're going to be able to make them nicer or more aesthetically pleasing. But we will work with staff and come with four or five different options to try to work on a plan that will be acceptable to Mr. Toledo and the Manager and your Planning Department. Vice Chair Spence -Jones: So, Commissioner Regalado, I mean, I would be fine with that if you're fine with that. I just know that this is something that's been a long -- around for a very long time. We've been trying to get to the bottom of this since I've been in office. Actually, this started before I even got here, just the issues of trying to work out what was going on with Clear. So I just want to be clear with Commissioner Regalado, if that would be sufficient so that we can get past this issue so that we can -- because this is -- it just doesn't seem to die, so -- Commissioner Regalado: IfI may, Mr. Chairman. I just want to make the point again that these are not the times to try to get more money from any industry. All the industries in the United States are hurting, so I don't think -- I know -- I am sort of related very much to advertising. I know that advertising has gone down more than 40 percent throughout the country. I know that the advertising agencies are having difficult time placing their clients. So my issue is not the money. It's only about aesthetics. I think that maybe when future, things go back to normal, maybe if the industry goes back to what it was, maybe we can revisit the money or the income that the City will get. But my point is not about the advertising. I just -- I second the motion for deferral because I do understand that any kind of structure is very sensitive to many people, and if you -- if we're going to have it and every city has structures, we should have it in a way that City ofMiami Page 29 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 pleases the view. It's better for them. It's better for the residents. It's better for the City. I think, too, what they done in getting some of the free-standing billboards is a step on the right direction because it shows to the people that the City is willing to clean up. So I just have this issue about aesthetics, and I think that Commissioner Sarnoff -- as a matter of fact, that's his area, most of them, and he's right on asking for a more aesthetics manner to present this. But that was my issue. In my case, money is not the issue because of the situation of the economy in the United States. Thank you. Vice Chair Spence -Jones: Commissioner -- Chair Sanchez: Vice Chair, and then we're going to vote on the deferral, whether to defer it or not. Vice Chair Spence -Jones: So I just want to be clear. So what I'm hearing from my fellow Commissioner, Regalado, that the amount is okay, so we should be fine with that because of the market. And what I'm also hearing from here -- him that his support would be there if Clear has agreed to make the necessary changes on the -- I guess the poles to make it more aesthetic. So my question then becomes -- I just want to be clear, though, Commissioner Regalado, it seems as though they've proffered on the record that they would do that. Does this mean that you're withdrawing your second? Commissioner Regalado: I just want to know what is the real issue with the maker of the motion and --? Commissioner Sarnoff. Well, the real issue is the aesthetics of the poles. I think you all should consider whether they should be allowed to have 600 feet distance or 1,200 feet distance. I think, especially with regard to LED signs, the more you're going to put LED signs up, the more you're going to degrade what I think their intent is, and I think you're going to make them valueless more -- and less valuable. But for my purposes -- and l feel the resistance on this Commission -- it is to get to the aesthetically pleasing pole. I think you also should consider putting the Warren Bittner -- and forgive me for not having a better expression -- assignment language that was possessed in the previous agreement with CBS. I think it's better language, andl think it would be clearer. Andl think the City Attorney -- I hope she supports it because I know Mr. Bittner did. Chair Sanchez: All right, so we're going to vote on the deferral. Commissioner Gonzalez: Call the question. Chair Sanchez: If we don't defer the item, then we'll -- Vice Chair Spence -Jones: He keeps changing it. Chair Sanchez: -- vote on it, okay? So there is a motion on the table for a deferral. All right, roll -- Commissioner Gonzalez: Well, the -- Chair Sanchez: On the deferral. Commissioner Gonzalez: There was a motion and there was a second. Chair Sanchez: Yeah, but the deferral oversees [sic] the motion on the floor. Commissioner Gonzalez: All right. Okay. City of Miami Page 30 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: So if it's voted down, then we'll -- the original -- we'll have the motion back on the table to approve or -- all right, so -- Commissioner Regalado: Before -- Mr. Chairman, I just want to hear from the Manager and Planning. So what about aesthetics? Are you -- counsel just put on the record something. Do you know about this? Do you know -- are you -- what is the story with aesthetics? Mr. Bockweg: Well, I'm aware of what Commissioner Sarnoff has provided as far as the Dubai, but I can't comment on that until actually see their proposals that they'll provide to us. Mr. Hernandez: Pieter, do you have some language that you have worked on to hopefully even put on the record? Mr. Bockweg: I mean, I have some language -- and I'm not an attorney, so -- Chair Sanchez: No one's holding you to that. Commissioner Sarnoff. That may be understandable. Mr. Bockweg: I mean, the thing thatl came up with is that any new structure or retrofit of any of Clear Channel's billboards are subject to design review by the City ofMiami and will include both monopole and frame to be more integrated into the surrounding neighborhoods and be more aesthetically pleasing, including color and architectural features to the structure and frame. I mean, that's something -- Chair Sanchez: All right. Mr. Bockweg: -- that had just -- which would address -- putting that into the agreement would address making sure that they come to the City and provide us with their proposals. Chair Sanchez: With that language, would it be going through design review? Mr. Bockweg: We could have it go through design review. Chair Sanchez: Okay. All right. Let's vote now on deferring it or moving it forward and voting on it and amending it. All right. The motion -- Commissioner Regalado: Wait a minute. Is it included that it has to go to design review? Chair Sanchez: No, it's not included. Commissioner Regalado: So -- Mr. Hernandez: Commissioner, it's not there now. This is just a proposed language that we had been discussing to address the aesthetic issue. Chair Sanchez: All right. We're voting -- Commissioner Regalado: Would it -- the company accept that, that it has to go through design review? Is it something that you would accept within the settlement? Mr. Lasarte: What is the process for the design review, Pieter? Commissioner Sarnoff. That's why the deferral would be wise so that you could -- City ofMiami Page 31 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: All right. Angel -- calling the question now? Commissioner Gonzalez: Just call the question. Chair Sanchez: Okay, the question has been called on the deferral. All right, roll call on the deferral. Vice Chair Spence -Jones: Spend so much time on this. Ms. Thompson: Roll call. Commissioner Regalado: So wait a minute. I had the floor. So if we vote to deferral [sic], we then be able to have, Madam City Attorney, a conversation with them so they would accept going to design review and it would be included in the (UNINTELLIGIBLE). Is that difficult to do? Julie O. Bru (City Attorney): I think there's a motion for deferral on the floor that -- Commissioner Regalado: No, no, no, no. Ms. Bru: -- needs to be resolved, but -- Commissioner Regalado: I know what the motion is, but my second depends on what I'm asking you. Ms. Bru: I think that -- what I would suggest would be for you to -- if you don't defer this, to table the item so that we can understand what it is that the Administration has in mind and what it is that the industry would be acceptable to because I'm hearing a lot of different terms and languages and it is always bad practice to be drafting on the floor. So if you table the item and we can get together, perhaps we can come back with something that there's been a meeting of the minds and that is acceptable to everyone. Commissioner Regalado: I would agree with that. Chair Sanchez: Okay, the question was called, okay. So we're going to vote on the deferral. Commissioner Regalado: Well, then -- Commissioner Gonzalez: Roll call. Commissioner Regalado: -- I'll withdraw my second so you can table the item. Chair Sanchez: Okay. Well, hold on. Your motion is withdrawn. There is no motion on the table. The only motion on the table right now is the motion and the second to approve that was motion by Commissioner Gonzalez and second by the Vice Chair. That's the motion that's on the table right now to vote on. Now, with that motion -- that's the motion on the table, would you like to add that language, which is the following language to include the recommendation made by the Administration to include design review process? Commissioner Gonzalez: No. Let me tell you what I would like to do. What I would like to do is Chair Sanchez: You're the maker of the motion. Commissioner Gonzalez: -- to withdraw my motion and make a new motion to defer the item. City of Miami Page 32 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 And let me tell you -- Chair Sanchez: No. To table the item. Vice Chair Spence -Jones: Table. Chair Sanchez: Table, not defer. Commissioner Gonzalez: Table it till the afternoon. You think they're going to solve this problem from now till the afternoon? They won't. Chair Sanchez: Table it till the afternoon. Vice Chair Spence -Jones: The only issue is design review. Chair Sanchez: We don't have to table it till the afternoon. You could table the item and give them ample opportunity -- and I think that's the best way to go in a process here -- to allow the City Attorney and the Administration them to get together on the issues that have been proffered here today, whether the aesthetics, whether it's more money, which I don't think it's an issue already because we've clearly stated that, but I think it gives them an opportunity to come back with a better defined agreement on this. So the proper motion would be the one that counsel gave us to continue the item -- table the item and give them time to bring it back. Once you table it, they could bring it back at the next Commission meeting -- Ms. Thompson: No, no. I'm sorry, Chair. In all due respect, when you table, it's tabled for this meeting. Commissioner Gonzalez: This meeting. Ms. Thompson: It must be taken up at the meeting in which it was called, unless you continue it or defer it. Commissioner Sarnoff. So maybe Commissioner Gonzalez will now second my motion. Maybe he'll accept my motion to defer. Commissioner Gonzalez: I will second the motion. Because let me tell you, the problem is that if you knew that there were Commissioners that had a problem with this resolution or this ordinance or whatever it is, I mean, you should have never brought it in to have it vote for because that is a way -- why this Commission meetings become, you know, a nightmare. We spend an hour discussing an item that should have been resolved before the item came before this Commission because you know there were Commissioners here that had some concerns and, apparently, nobody pay attention to the Commissioner's concern. You just want to push it through the way you had it, so you know, hopefully, you will resolve all the issues or don't resolve any of the issues and then let it die. Don't renew the contract. Let the company go somewhere else with their billboards or whatever, okay, or we will have billboards in accordance to the Commission will. But mean, this is a total, you know, fiasco. I mean, we have seen this item maybe three times, and we continue -- and if we continue this way, we will hear this item another 25 times before we finally decide one day that maybe pass it or kill her forever, okay. Vice Chair Spence -Jones: Mr. Chairman. Commissioner Gonzalez: So, yes, I second the item. Chair Sanchez: Can we defer the item, so we can continue with this agenda? City of Miami Page 33 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Vice Chair Spence -Jones: Okay. Can I just add? I don't have a problem with deferring it, but what I do want to be clear is every time the item comes, there's additional things -- Chair Sanchez: Something new in it. Vice Chair Spence -Jones: -- added to it. There's always going to be an item we vote on that somebody's not in agreement with. I can think of a thousand of them right now since I've been up here. So no matter what, there's always going to be that issue. The question becomes for staff and for Clear -- and if you can answer the question, then that resolves what the issue is. The question was can we add in this agreement that there needs to be design review? And then the question becomes are you guys comfortable with that? Because that's the only issue some of us are having up here. Mr. Lasarte: Commissioner -- Vice Chair Spence -Jones: So if you can answer that question, to me, then that's when we can make a decision as to whether or not it needs to be deferred. Mr. Lasarte: Can I be recognized, Mr. Chair? Chair Sanchez: Go ahead, sir. Mr. Lasarte: Clear Channel will accept the proposed language from staff. We will accept it to go through the design review committee process. Vice Chair Spence -Jones: Okay. So I mean -- so, Commissioner Gonzalez -- Commissioner Gonzalez: Yes. Vice Chair Spence -Jones: -- they're saying that they will accept. That's the only thing -- the issue is is the design review. Chair Sanchez: All right. What is the will of this Commission? Vice Chair Spence -Jones: That's the only thing we're saying. Chair Sanchez: We got to move on, folks. Vice Chair Spence -Jones: They're accepting it. Chair Sanchez: If they want to defer it, do you want to vote on it -- Commissioner Gonzalez: What? Commissioner Sarnoff. There's a motion and there's a second. Let's just -- Chair Sanchez: -- to defer it. Okay. Call the question. Call the question. Commissioner Sarnoff. All right, call the question. Chair Sanchez: All right, the question has been called to defer the item to the next regular Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 34 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been deferred. Thank you. RE.4 09-00646 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN AMENDMENT OF THE CITY OF Improvements MIAMI'S ("CITY'S") LIST OF EXPEDITED PROJECTS, PURSUANT TO Program ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 6/25/09 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING CITYWIDE TREE PLANTINGS, ENERGY -EFFICIENT RETROFITS OF CITY -OWNED BUILDING AND FACILITIES, AND UPCOMING CAPITAL IMPROVEMENT PROJECTS LISTED HEREIN. 09-00646 Legislation.pdf 09-00646 Exhibit.pdf 09-00646 Summary Form.pdf 09-00646 Memo 1.pdf 09-00646 Memo 2.pdf 09-00646 Memo 3.pdf 09-00646 Text File 1.pdf 09-00646 Text File 2.pdf 09-00646 Attachment A.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0312 Chair Sanchez: All right. RE.4, it's a resolution. Hopefully, by then, we could have a minimal, maybe two- or three -minute discussion on the item and approve it because the issues have been identified of concern. RE.3. It's a resolution. Vice Chair Spence -Jones: RE.4. Chair Sanchez: I mean, RE.4. Commissioner Gonzalez: It was deferred. Ola Aluko (Director, Capital Improvements Program): Good morning. Vice Chair Spence -Jones: No. RE.4 has not been deferred. Chair Sanchez: No. RE.4 is not -- correct me if wrong, Madam Clerk. RE.4 has not been deferred. Commissioner Gonzalez: No. Priscilla A. Thompson (City Clerk): No, it has not. Vice Chair Spence -Jones: So moved. Chair Sanchez: Okay. City of Miami Page 35 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Gonzalez: Second. Chair Sanchez: All right, there's a motion and a second on RE. 4. Commissioner Sarnoff. Wait a minute. Chair Sanchez: It is a resolution. All right. Mr. Aluko: Ola Aluko. May I read it in for the record? Chair Sanchez: Yes. Put it on the record, and then we'll vote on the item. Mr. Aluko. This resolution is amending the City's list of expedited projects to include citywide tree planting, energy -efficient retrofits of City -owned buildings and facilities and upcoming capital improvement projects. Chair Sanchez: All right. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Aluko: Thank you. Chair Sanchez: RE.4 was approved, 5-0. RE.5 09-00542 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner NORTHWEST 2ND STREET FROM NORTHWEST 22ND AVENUE TO Tomas Regalado NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, AS "ELIZABETH BRUTONS WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00542 Legislation.pdf 09-00542 Exhibit.pdf 09-00542 Bio.pdf 09-00542 Codesignation Application.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0313 Chair Sanchez: Moving on to RE. 5. RE.5. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner -- Vice Chair, second by Commissioner Regalado. Any discussion on the item? Hearing no discussion on the item, it's a resolution, not City of Miami Page 36 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 RE.6 09-00451 Office of Strategic Planning, Budgeting, and Performance RE.7 09-00511 Department of Solid Waste RE.8 09-00662 City Manager's Office requiring a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.6. Vice Chair Spence -Jones: 6 and 7 are -- Chair Sanchez: 6 and 7 have been -- Priscilla A. Thompson (City Clerk): Deferred, and then 7 withdrawn. Vice Chair Spence -Jones: -- deferred. Chair Sanchez: Yes, 6 and 7 have been deferred. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009. 09-00451 Legislation.pdf 09-00451 Summary Form.pdf 09-00451 Budget Adjustments.pdf 09-00451 General Fund Revenue Adjustments.pdf 09-00451 Expenditure Adjustments.pdf DEFERRED Note for the Record: Item RE.6 was deferred to the Commission meeting currently scheduled for July 9, 2009. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SOLICIT PROPOSALS FROM FINANCIAL INSTITUTIONS TO FINANCE THE PURCHASE OF NEEDED EQUIPMENT FOR THE DEPARTMENT OF SOLID WASTE, IN AN ESTIMATED AMOUNT NOT TO EXCEED $6.0 MILLION; STIPULATING THAT SAID AMOUNT WILL BE REPAID AT AN ANNUAL INTEREST RATE NOT TO EXCEED 5.5%; DIRECTING THE CITY MANAGER, UPON COMPLETION OF THE SELECTION PROCESS, TO PRESENT A CONTRACT WITH THE SELECTED PROPOSER TO THE CITY COMMISSION FOR ITS CONSIDERATION. 09-00511 Legislation.pdf 09-00511 Summary Form.pdf WITHDRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY PROPERTY LOCATED AT 345 NORTHWEST City of Miami Page 37 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 10TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF THE DEVELOPMENT OF SENIOR AFFORDABLE HOUSING BY DEVELOPER UDG V, LLC; SUCH CONVEYANCE TO BE BY QUITCLAIM DEED IN WHICH THE CITY OF MIAMI WILL RELINQUISH ANY RIGHT OF REVERSION CONTAINED IN PARAGRAPH FOUR OF THE JANUARY 9, 1996 WARRANTY DEED, RECORDED ON JANUARY 17, 1996, IN THE OFFICIAL RECORDS BOOK 17064 AT PAGE 0152 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE CONVEYANCE DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL ADDITIONAL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCES. 09-00662 Legislation.pdf 09-00662 Exhibit.pdf 09-00662 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0314 Chair Sanchez: We move on to RE.8. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: Okay. RE.8 is a resolution. It's been moved by Vice Chair Spence -Jones, second by Commissioner Gonzalez. The item is under discussion. Any discussion on RE.8? Commissioner Sarnoff. Yes, sir. Chair Sanchez: Discussion. Recognized for discussion on RE.8. Commissioner Sarnoff. Commissioner Sarnoff. Madam City Attorney, it seems like if we allow this to go as phrased, the City ofMiami -- well, the concern is that the CRA (Community Redevelopment Agency) only has a certain life expectancy. Even if we do the extension, the CRA will not have a 99-year life expectancy. Isn't there a way that the City ofMiami can be a signatory to that lease so that the property would revert back to the City ofMiami? I mean, aren't we in fear of losing a fee simple property to the Jazz Village? Julie O. Bru (City Attorney): Commissioner, what we're doing with this resolution that's before you is simply now quick claiming the property so that we can get rid of a prior provision that was in the deed previously that would have constituted a reversionary interest on the part of the City. Separate and apart from this item, you know, at the time that the conveyance takes place, then the lease between the CRA and the developer, you could put some language in there at that time that would protect the City's interest in the property. So, yes, I think you're correct that -- but this is not what's before you today. Commissioner Sarnoff. No. I understand. Ms. Bru: Yeah. Commissioner Sarnoff. But if we vote on this today, we could be conveying a piece of property City ofMiami Page 38 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 to a CRA, a CRA that is either going to have an '017 or an '032 life date, and there's going to be approximately 60 years left on the lease that's going to have no entity -- no proper legal entity still in existence, and you're going to provide somebody with a very plausible argument that they have a fee simple interest in a property that they've never paid a penny for, and that's, I thought, what the City ofMiami was trying to stop doing. In all the mistakes that we've made, we're walking headlong into a bat. So before I vote for this and somebody can tag me with a mistake made on this dais that I'm bringing to the four, I can't vote for this until somebody gives me an assurance that the City ofMiami gets this property back when hopefully cars fly and pigs you -know -what in the year 2000-whatever because it doesn't make any sense for us to do this. Vice Chair Spence -Jones: Larry, you -- Chair Sanchez: Larry. Larry Spring: Larry Spring, chief financial officer. Commissioner, as you know, this is an item that is being proffered by the CRA to the City to modify this deed. The property has already been conveyed to the CRA. We do have in place the interlocal between the City ofMiami and the CRA at -- which states at the time the CRA ceases to exist, all those properties will be conveyed back - Vice Chair Spence -Jones: Revert back to the City. Mr. Spring: -- to City possession. The -- when I was presented with this item initially, my thought -- because it is an 99-year lease -- is why we're not necessarily handling it the same way that we do all of the properties that we convey in our Community Development Department, which is simply we convey the property outright. They're building housing on there, so giving them the property outright with the condition that housing be built with the necessary affordable housing restrictions, you know, or covenants could be another means of conveying the property. I do know that it is HUD (Department of Housing and Urban Development) -- the developer is seeking HUD financing outside of the City, and it is HUD who's saying because of the reverter, we don't want to lend you the money because the City, when it gets the property back, could just go and say remove your -- remove this housing from our property, and that's what they're trying to prevent. So yes -- I assume there is another way to convey it, which would be an all-out conveyance, and we have the covenants in place to say it's going to be affordable housing, it's going to be in place for 30 years and blah, blah, blah -- Commissioner Sarnoff. Yeah -- Mr. Spring: -- so -- Commissioner Sarnoff. -- but my point, Larry, though, is for one reason or another, the CRA board did not convey a fee simple absolute title. Mr. Spring: No. They -- Commissioner Sarnoff. They decided, instead -- Mr. Spring: No, you did not. Commissioner Sarnoff. -- to give an estate -- well, I don't know the reasons behind it. I don't. Mr. Spring: Right. Chair Sanchez: I don't know whether -- there could be a thousand reasons why -- City ofMiami Page 39 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Mr. Spring: Right. Chair Sanchez: -- you don't give a fee simple absolute. What they ended up giving was an estate in terms of a legal number of years, 99 years. Mr. Spring: Right. Commissioner Sarnoff. Pretty valuable right, no doubt about it, since none of us will be here, and maybe -- Mr. Spring: Right. Commissioner Sarnoff. -- even our grandkids won't be here, but my point being if, in fact, that's the case, what are the protections afforded to get the citizens ofMiami their property back in that 99-year period? Ms. Bru: Mr. -- I'm sorry. Commissioner Sarnoff, I believe that what is being considered -- and you will consider it when you sit as the board of the CRA -- will be for the City to join in in the lease between the CRA and the developer so that the City will have rights to a reversionary interest in the property whenever the CRA ceases to exist. So that could be handled that way, and you will achieve the purpose that you intend, which is to safeguard the City's reversionary interest in this property. Vice Chair Spence -Jones: And does that mean, Madam City Attorney, we should just make arrangements to have that put on the CRA agenda, the next one? Ms. Bru: I believe that that would be the proper course of action, yes. Chair Sanchez: All right. Vice Chair Spence -Jones: And ifI could just add, Commissioner Sarnoff, this is a project that is -- hopefully, we're going to be able to provide some senior housing in the area, 202, and happened to meet with the HUD administrators in DC (District of Columbia) when I went about a month and a half ago, and before the 202 -- I guess the 2 -- they're preparing for the 202 application to go out now, and if we don't make this window, then that's a whole nother year that we're going to miss, and quite frankly, the people in Overtown cannot afford to not have this type of housing in the heart of Overtown. Two zero two housing is very inexpensive and most seniors can afford -- truly afford -- it is real affordable housing, unlike some of the affordable housing we talk about; a lot of people can't afford to live it in it. But this is 202 housing, and it's something that we truly need. As a matter of fact, I, myself, went to DC, like I said earlier, to really push to make sure that we got support on this item. So has Kendrick Meek -- Mr. -- Congressman Meek -- because we all know that we need to have this housing in the heart of Overtown. Chair Sanchez: And the bottom line is that HUD won't touch it with a reverter, correct? Mr. Spring: No. Vice Chair Spence -Jones: That's -- Mr. Spring: In fact -- Vice Chair Spence -Jones: -- that was the point. Mr. Spring: -- if you recall, the UTD property -- City ofMiami Page 40 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Sarnoff. Yeah. Mr. Spring: -- it has that same 202 covenant, so that does afford us some protection because, as you know in dealing with that, they're not releasing it for -- unless you're going to relocate everybody and pay for them for the remaining period they're not releasing it, so we know the property will be used for its intended purpose through the -- you know, the terms of the HUD 108 -- I mean, the 202 -- Chair Sanchez: 202. Mr. Spring: -- but I know you're looking even further beyond that date. Commissioner Sarnoff. My point, Larry, was simply that -- I don't even know why the CRA didn't convey a fee simple and not have -- Mr. Spring: Right. No. I don't either. Commissioner Sarnoff. -- a covenant -- Mr. Spring: Right. Commissioner Sarnoff. -- but they didn't, and presume it happened before me, and presume a conversation occurred and somebody said let's not give a fee simple absolute; let's give a 90-year -- 9-year [sic] provision. I just want to protect that. Mr. Spring: And -- Commissioner Sarnoff. And maybe the CRA should rethink itself. I don't know. Mr. Spring: -- on behalf ofJim Villacorta, they are at the TIF (Tax Increment Funds) committee -- and that's why he's not here right now -- getting the Overtown and Omni plans approved right now -- Vice Chair Spence -Jones: Wonderful. Mr. Spring: -- so he's not -- that's why he's not here right now. Ms. Bru: So let me suggest something to the Commission. So you authorize this quick claim deed subject to the lease between the CRA and the developer containing a provision that upon the termination of the CRA, the CRA's interest in the property would revert to the City, and that would satisfy your concern, Commissioner. Commissioner Sarnoff. Thank you. Chair Sanchez: All right. Can -- Vice Chair Spence -Jones: Andl would be willing to -- if you want me -- does this -- Larry, does this mean that we need to have this put on --? Chair Sanchez: -- somebody make a motion with that amendment? Vice Chair Spence -Jones: So moved. City of Miami Page 41 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Sarnoff. Second. Chair Sanchez: Motion has been made by the Vice Chair, second by Commissioner Sarnoff, with the amendment proffered by the City Attorney. Once again, the reason why that we need to lift the reverter is because if we don't, then HUD would not fund the project and we jeopardize -- Commissioner Sarnoff. Right. Chair Sanchez: -- building affordable housing in Overtown. That's the biggest concern. So based on the language that has been proffered, there are safeguards now, andl think we can move forward with this, okay. So as amended, it is a resolution. Ms. Thompson: You're voting on -- you have a motion on the floor to vote -- Chair Sanchez: Maker of the motion accepts the amendment, Madam Clerk. Ms. Thompson: Okay. Chair Sanchez: Okay? Ms. Thompson: Thank you. Chair Sanchez: All right. 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 RESOLUTIONS DISCUSSION ITEM DI.1 09-00665 DISCUSSION ITEM District 4- DISCUSSION ABOUT THE OPTIONS TO HAVE A SPECIAL ELECTION Commissioner FOR DISTRICT 4 COMMISSION SEAT ON THE SAME DAY AS THE TomasRegalado NOVEMBER 3, 2009, GENERAL ELECTION. 09-00665 Memo.pdf 09-00665-Submittal-PowerPoint Presentation -City Clerk.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to draft an ordinance to change the qualifying period for prospective candidates for elective office should the District 4 Commissioner resign resulting in a vacancy, and the City Commission fails to make an appointment to the vacant seat within 10 days, to ensure that a special election for District 4 Commissioner would occur on November 3, 2009 in conjunction with the 2009 general municipal election; further, to bring back the ordinance for City Commission consideration at the next City Commission meeting currently scheduled for July 9, 2009. Chair Sanchez: Okay. Vice Chair Spence -Jones: DJ [sic], special election. City of Miami Page 42 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: Yes, DI -- it's just a discussion item on DI [sic], Madam Attorney. Commissioner Regalado: Mr. Chairman, can I say something before --? Chair Sanchez: Okay. This is item DI [sic]. Madam Attorney, this is your item. Julie O. Bru (City Attorney): Yes. Well, it's actually Commissioner Regalado's item. Commissioner Regalado: Yes. And thank you, Mr. Chairman. I ask this to be placed because, as we all know, there are going to be election -- general elections in the City ofMiami in November of this year. And the last scenario that is happening in this election similar happened in 2001 when then -Commissioner Willy Gort gave two years of his term to run for a higher position, and the Commission decided to have a special election on the same day of the general election, and it all worked out perfectly. Commissioner Gonzalez was the elected representative of the district that came out of that special election. Something happened, which is not clear yet; somebody omitted or it was a change in the charter in 2001 that change the historic pattern of the resign -to -run law in the City ofMiami; and recently, the City Attorney gave an opinion, which was not requested by anyone, that there will not be an election on -- for District 4 Commissioner if the sitting Commissioner will not vacate their -- its position sooner than November 3, 2009. We have been requesting information from the City Clerk, from the City Attorney. The last briefing that we had on this item was on Tuesday by the City Attorney, but then after a meeting with the City Clerk, she came back again to said [sic] that there were some difference with the briefing and detail. I have been told that will be the deciding factor on this matter. However, it doesn't seem that way. It seems that the Commission will be the deciding factor because the only option for one fifth of the City ofMiami to have an election for Commissioner will be to change some ordinance in the City ofMiami because the City has, as a municipality, the power to do so according to Florida statute. And my appeal to this Commission is that we do so -- that you do so because my commitment to the people ofMiami and District 4, the district that we have represented for so many years, is that there should be an election for district Commissioner in District 4 on November 3, 2009, so I am willing to do what I'm told need to do, which is to vacate this seat sooner than November, but now it's up to the City Attorney, to the City Clerk, and to the sitting Commissioners to decide if we want to have an election for Commissioner in District 4 or if we just decide to have a special election someday, which will cost the City hundreds of thousands of dollars or not have an election at all and appoint a person that will serve the rest of the term. So because of those changes is that this item is here. We place it because of the people's right to know. The people need to know what the City is doing in terms of the elections and the expectations that this election for a new Commissioner in District 4 has created. I think it is important that it be discussed in public, so that is what I wanted to say before the City Attorney has the floor. Thank you. Chair Sanchez: Madam Attorney, can we go through this? Ms. Bru: Yes, Mr. Chairman. We looked at the request that Commissioner Regalado made with respect to this district item, which is a discussion about the options to have a special election for the District 4 Commission seat on the same day as the November 3, 2009 general election. Andl had previously looked -- examined our charter provisions and construed it along with the state election code, and had previously determined that in 2001, when the City ofMiami amended the charter for whatever reason, we deleted a provision that had been specifically in the charter before, which would have allowed for a Commissioner who resigns to run for the Office of Mayor to do so to continue to serve until the latest day that the state allows the Commissioner to serve, and it would have allowed this Commission then to have called for a special election to have -- to be held concurrently with the election for Mayor. That provision in the charter was deleted. It was deleted in the 2001 vote, and it left us then with another provision that we have in the charter, which is under charter section 12, that dictates how the remaining Commissioners fill a vacancy when there is a resignation. And in looking at this scenario and now focusing on City ofMiami Page 43 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 the specific question that Commissioner Regalado has is can there be an option available to this Commission so that the election can take place? The election to fill the vacancy that he -- that his district will have when he resigns, is there an option for this Commission to call for an election to be held on the same day? And the answer is yes, but there's two things that have to happen. One is within Commissioner Regalado's control, the other one is within this Commission's control. And for that to happen -- and we have -- the Clerk has prepared an exhibit that we have just handed out, you know, which clearly expresses -- and I'll just read it into the record because it's very well expressed. If the Commissioner resigning to run for Mayor declares his or her resignation -- in this case, obviously it's his resignation -- to be effective 60 days or more before the general municipal election -- and that would be September 4 -- and the remaining Commissioners make an appointment of a person to the vacant Commission seat within those 10 days that the charter requires you to take action, perspective candidates would have at least five days in which to qualin, for a special election that would then be held on the same day as the general municipal election, so -- Commissioner Gonzalez: Question. Ms. Bru: Okay. Commissioner Gonzalez: Let's say that Commissioner Regalado resigns 60 days before the general municipal election. Ms. Bru: No later than 60 days. Commissioner Gonzalez: No later than 60 days. Ms. Bru: No later than 60 days. Commissioner Gonzalez: Can we appoint Commissioner Regalado to the seat for the remaining time of the term? Chair Sanchez: Yes. Ms. Bru: He would be eligible for appointment to that vacancy, yes. Commissioner Gonzalez: So that's it. Commissioner Sarnoff. And there's an attorney general opinion exactly on that point, and this has happened before. Commissioner Gonzalez: Okay. Commissioner Regalado: It happened with Willy Gort, but my point is not so much about me; it's -- it is that am willing to follow the City Attorney, the City Clerk guidelines and resigning, effective September 4. The question now is well, after I'm gone -- well, the Commission has to do this and that, and we need also to modin, an ordinance to give flexibility because of the timing. The timeline needs to be modified so it would fall on the third day of November because if we were to follow the same timeline, the special election for District 4 Commissioner will be in November 2. Priscilla A. Thompson (City Clerk): Commissioner. Chair Sanchez: Madam Clerk -- Ms. Thompson: I'm sorry, Commissioner. City of Miami Page 44 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: -- you're recognized. Ms. Thompson: Under the scenario that we just spoke of that's not -- that would not have to happen. Commissioner Regalado: Okay. Ms. Thompson: That would not have to happen. If in fact, all of those steps are carried forth, you do not have to have any kind of modification. It all lines up -- and we'll flip over to your calendar -- everything lines up perfectly. Commissioner Regalado: I understand that, butl was saying that in the case of a Commission failing to appoint. Ms. Thompson: Failing to appoint is a different scenario. Chair Sanchez: Different thing. Ms. Thompson: It's a different one. Do you want us to review that one? Commissioner Regalado: Yeah. Chair Sanchez: But everything starts with his resignation. Ms. Thompson: That is correct. Chair Sanchez: Okay. Commissioner Regalado: So I -- before you give the briefing to the members of the Commission, I just want to be very clear with my fellow Commissioners that I have accepted the option that the City Attorney has proffered and the City Clerk, andl would resign, effective 60 days or more, before the general municipal election so the Commission can do what it pleases in terms of the appointment or -- but basically, and more important, in terms of calling for an election because we cannot disenfranchise one fifth of the City. So I'm willing to just leave in order to have an election for District 4 the same day of the general election, and that's what I wanted to say. Commissioner Sarnoff Let me ask you. If it was the will of this Commission to appoint you, would you accept the appointment? Commissioner Regalado: I would. Commissioner Sarnoff All right. Commissioner Gonzalez: Okay. I do have another question. Can we place a question on the ballot to correct this problem that we're having now for the next election? Ms. Bru: I think there's still time to do that, but I think that if you're considering amending the charter, we might want to take the time during this next -- you know, before the 2010 general state election and really review it thoroughly to make sure that what we're doing is correct. Commissioner Gonzalez: All right. Ms. Bru: We have sufficient time to bring it on the 2010 election, andl would recommend that. City of Miami Page 45 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 There's other things that we would want to look at. Commissioner Sarnoff. You're looking at another general charter review. Ms. Bru: There could be things that we could be cleaning up. Yes. Commissioner Gonzalez: All right, very good. Okay. Commissioner Regalado: Can we have the -- Madam City Clerk. Ms. Thompson: Commissioners, as we go through the PowerPoint presentation and that which you have in your handout, what we tried to do was to just focus on the question that was posed by Commissioner Regalado and look at the options. We had to take into consideration Sections 4, 7, and 12 of the charter to come up with this information. We worked very diligently with the Law Department and it's all a matter of timing. If you look at the second calendar that's there, that is the one that goes along with the first set of verbiage that shows you the options for having that same -day election. Understand that we are bound by deadlines, okay, deadlines that are set, and that's what we based this calendar on. So as we said earlier, if the resignation takes place no later than September 4 and the Commission appoint -- Commissioners appoint by September 14, then we are able to align this so that the qualiing period for the individuals who want to run for the District 4 seat runs and aligns with our current qualifying period, we're able to get that information over to Metropolitan Dade County Supervisor of Elechons for the ballot and everything is straight. Now, the glitch, for lack of a better term, is if the Commission fails to appoint, okay, then a second part of Section 12 now has to kick in, and that's the one that requires a qualiing period, and the qualfing period under that section has to take place with at least 38 days before the election. If we're zeroing in on a date, in this case November 3, because of the 38-day requirement, we would actually have to have the election on the day before, which is November 2, only because of the requirement of the 38 days, plus the qualfing period, plus the 10 days expiration of not having appointed. As I explained to Commissioner Regalado in my briefing with him, state law does provide for -- and if I'm not mistaken, it's Florida State Statute 100.3605 -- does give municipalities the authority to change -- and I'll read it here. This is 100.3605, Section 2, "The governing body of the municipality may, by ordinance, change the dates for qualiing and for the election of members of the governing body of a municipality and provide for the orderly transmission of office resulting from such a date change." And it's my understanding that we can -- the municipality can follow that provision in order to change the date for qualiing for those candidates for the special election that you would like to take place on November 3. Okay, so that's one scenario. If they appoint and everything works according to September 4, September 14, that's that one. If they fail to appoint, you have another scenario that you can use. Thank you. Commissioner Gonzalez: Madam Chair, I have another question from [sic] the City Attorney. Madam City Attorney, I do have a question. Can Commissioner Regalado resign today and be reappointed today? Ms. Bru: I believe so, Commissioner, because the prohibition and the reason why you have to resign to run is because you cannot have -- you can't be holding offices that have overlapping terms, so the reason why he would be resigning is to run for the Office ofMayor and the term of the Office ofMayor is going to be concurrent with the term of the office of the Commissioner in District 4. Now, because -- if he gets appointed today because of our charter provision that says that he -- the person that fills -- that -- an appointee fills a vacancy only until the next election -- Commissioner Gonzalez: Right. Ms. Bru: -- so long as he's not running for that office again -- I mean, technically, that doesn't happen -- he wouldn't have a problem with dual office holding. So my answer is, he resigns, he City of Miami Page 46 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 can be appointed, and it would not be prohibited. Commissioner Gonzalez: Are you willing to do that today and get it over with and then they can advertise to the spec --? Commissioner Regalado: That's not it. Commissioner Gonzalez: -- then they can advertise for the -- Commissioner Regalado: Commissioner -- Commissioner Gonzalez: -- special election in November? Commissioner Regalado: -- I really appreciate this, and I think -- I would -- like I said, I would do whatever it takes for the people of District 4 to have an orderly election in District 4. My understanding is thatl have to tender a letter to the City Clerk, being irrevocable, so I would do it. I would do it. If this is the will of the Commission by the next Commission meeting, I'll have my letter ready and do it -- Commissioner Gonzalez: Maybe we'll reappoint you. Commissioner Regalado: -- and then the Commission can do whatever it pleases in terms of appointing a person for District 4. My only goal -- see, there is going to be a citywide election for Mayor of the City ofMiami, which I am a candidate, so my concern is not so much about me, but about the people of District 4 that are already having a campaign for another person to fill that district and complete the two years that this office has given up, so I will be ready. Andl really thank you for your idea. I think -- to give the Commissioners plenty of time, it's something that -- it's important so you have the time to call for a special election and assure the people of District 4 and the candidates that there will be a special election. So I can have it ready any time. Commissioner Gonzalez: All right. Commissioner Sarnoff. Didl hear the City Clerk correctly, Madam City Attorney, that if we change our ordinance pursuant to Florida Statute 100.3605 Subsection 2, then let's say there was some shenanigans, then we didn't reappoint Commissioner Regalado; that there still would be an election, not on November 2, but on November 3. Didl hear her correctly say that? Commissioner Regalado: Yeah, she said that. Ms. Thompson: That's what I said, because it says you can change the date -- Commissioner Sarnoff. Right. Ms. Thompson: -- of the qualifying period. Commissioner Sarnoff. So let's say Commissioner Regalado is not a trusting guy -- I think he is, but let's say he's not. I'm not a trusting guy by nature; he is -- I would ask this Commission -- I'd ask this Clerk -- excuse me, the City Attorney to draft legislation to fix the glitch. Let's call it a glitch so that in the event something odd happen, he wasn't reappointed, that he would know that there would be an election on November 3 regardless of what this Commission does. Actually, it gives him a little bit of protection, if you think about it. Because if we bring the ordinance at the next Commission meeting, and then we have it, I guess, at -- yeah. We'll get it done in July, he'll know pretty much that he's got protection. So can we do that? City ofMiami Page 47 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Ms. Bru: You know, the issue that Madam Clerk was referring to is a particularly timed issue -- Commissioner Sarnoff. Right. Ms. Bru: -- and we looked at it assuming that -- if Commissioner Regalado's resignation was effective September 4, we looked at it from the scenario of what would happen if this Commission were to appoint someone and what would happen if this Commission were not to appoint someone? And in the second one, if you were not to appoint someone is when we ran into a timing problem because of some specific language in the -- in Section 12b of the charter that sets specifically when the qualifying period is for a special election in the event that there is a vacancy that does not get filled by an appointment. I can't tell you that just fixing that is going to fix any other scenario because that was time specifically for a resignation that would be effective September 4, so -- and obviously, that is something that -- you know, everything is driven -- we're driving everything -- we're backing it into a particular date, the election of November 3, but -- Commissioner Sarnoff. Candidly, you andl had a conversation -- Ms. Bru: Yeah. Commissioner Sarnoff. -- and this November 2 versus November 3 issue never came up in any of our briefings, correct? But I'm going to -- Ms. Bru: Because the other issue -- Commissioner Sarnoff. No. I -- Ms. Bru: No. The other issue is when Miami -Dade County needs to have the language for the ballot, and that is by September 19. Commissioner Sarnoff. Okay. I'm not faulting you. I'm just saying I don't want Commissioner Gonzalez thinking, well, you're the lawyer up here; didn't you think this through; didn't you meet with the City Attorney; didn't you come up with this? I just want to be candid. We never had a discussion of a November 2 versus a November 3 date, whether we appointed someone or didn't appoint someone. Ms. Bru: Right. Commissioner Sarnoff. This is brand-new to you, I think, as of yesterday. Ms. Bru: Right. When we sat down on Monday and we looked at the calendar specifically and we looked at the dates not only of our charter, but also Miami -Dade County Supervisor of Elections telling us that by September 19, they have to have the information. Commissioner Sarnoff. But if what Madam Clerk is saying is correct, then why don't we just call it a glitch bill -- why don't we put a glitch bill on first reading, July, a glitch bill on second reading, July -- Commissioner, ifI were you, I'd have my resignation letter prepared by the second meeting in July in the event you don't get an ordinance change, and you control your destiny. Commissioner Regalado: Right. And what it really -- well, first of all, we had outside counsel look at it, and outside counsel also agrees with the City Clerk that only by doing an ordinance we can fix this glitch of one -day difference, andl will have the letter of resignation irrevocable, so it's nothing can do so I'm out of the picture. The rest is up to the City Attorney. I don't know why would not do this ordinance that will fix this. I mean, would it hurt somebody? Is it illegal? City of Miami Page 48 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Ms. Bru: We -- Commissioner Regalado: Why will you not recommend it? Ms. Bru: I am not saying that I'm not recommending anything. I'm say -- Commissioner Regalado: No. I'm asking you -- Ms. Bru: Yeah. Commissioner Regalado: -- can we do this ordinance in the next --? Ms. Bru: Of course, you can. And what you will be doing by that ordinance would be changing the qualifying period for a special election that is held pursuant to Charter Section 12b, which is a special election that takes place when there is a vacancy and the Commission fails to appoint someone within 10 days. Commissioner Regalado: Right. Ms. Bru: So whether or not by changing the qualfing period -- right now, how it reads is the qualifying period for a special election shall be the five days prior to the 38th day, so it's a very mathematical formula. We can change that to say the qualifying period will be no earlier than -- and then we have to look and see because it's a special election and the special election takes place no earlier than 38 days, no later than 45 days after the expiration of the 10-day period. So where we're going to fit in a qualiing period there will be something that we'll look at and we will bring it back to you by virtue of an ordinance. But again, it only makes a difference if you put it into context and you plug in a resignation effective date and November 3, and there you really have a very limited universe to work with. Commissioner Regalado: But Madam City Attorney, I am telling you from the beginning that I will comply with your timeline of resigning, effective the day that you suggest. Why wouldl not do it? I mean, I'm telling you live in color on the record that will have the resignation letter, so the only protection for the district is to have the ordinance on first reading on the first meeting in July. Ms. Bru: Well, thus far, today, I can assure you that if you resign with an effective date no later than September 4 and this Commission appoints someone, we will assure the people that they will have an election for your district on the November 3. We will also look at -- Commissioner Sarnoff Yeah, but he's just buying some insurance. Ms. Bru: Yeah. We're also -- we will look at an ordinance that will amend the qualiing period in the event that even though you resign, effective no later than September 4, in the event that this Commission fails to appoint someone and we have to go into the 12b scenario, we're going to look at it and propose an ordinance to change the qualfing period so that we can fit it into that very collapsed universe of availability. Commissioner Regalado: And the reason we should do it is not because I want assurances, but because -- you know what Forrest Gump used to say, 10 days to appoint; September, peak of the hurricane season. So what if -- what happen here with Wilma? No lights. City Hall wasn't functioning. We couldn't meet. We had to meet outside. So, you know, I'm just trying to get assurances for the Commission because maybe, God forbid, you know, something, a storm or something, and the Commission is able to meet on the 11 th day. So I'm just saying that it doesn't hurt to have protection already. The letter will be done. That's no question about. But I'm just City of Miami Page 49 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 saying that it's important to have an assurance that just in case the Commission -- the remaining Commissioners can change the qualfing day for one day so we don't have to like spend half a million dollar the day before and create confusion with the voter all over the City. So I'm just asking you, please, to bring the ordinance. Commissioner Gonzalez: All right. So we're set for next month. Commissioner Sarnoff. First reading in -- first meeting in July, second reading in July. Commissioner Gonzalez: First meeting in July. Commissioner Sarnoff. Have your letter of resignation prepared at the end of the second meeting in July in case something goes wrong. Commissioner Regalado: Right. I will have the letter. Commissioner Gonzalez: All right. Next? Vice Chair Spence -Jones: Okay, so no more questions or comments on this issue? Commissioner Regalado: No. Very clear. Vice Chair Spence -Jones: Okay. END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS Vice Chair Spence -Jones: All right. We're going to move on to the PZ (Planning & Zoning) items. I'm going to ask -- this is the Planning & Zoning part of the meeting, and I'm going to ask for the City Attorney to please explain the procedures, and followed by the City Clerk swearing everyone in. Maria J. Chiaro (Deputy City Attorney): Procedure for the Planning & Zoning items are that the PZ items will proceed as follows: Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land use change or MUSP (Major Use Special Permit), make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. The petitioner may ask questions of staff. The appellant or petitioner will be permitted to make final comments. All those wishing to speak, please stand and be sworn. Priscilla A. Thompson (City Clerk): If you are going to be speaking on any of the PZ items today, I do need you to please stand up so that can swear you in, andl need you to please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 07-00345xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION City of Miami Page 50 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 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. 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 & 07-00345ww Exhibit A.pdf 07-00345xc CC Legislation (Version 3) - NEW.pdf 07-00345xc CC 06-25-09 Fact Sheet.pdf LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with conditions* to City Commission on September 8, 2008 by a vote of 5-2. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345ww. *See supporting documentation. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace project. NOTE: File previously known as 07-00345x. INDEFINITELY DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to indefinitely defer item PZ.1 for 12 months. Pedro G. Hernandez (City Manager): I know, Madam Chair, that with reference to PZ.1 and PZ.2, Mr. Echemendia is here. City of Miami Page 51 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Vice Chair Spence -Jones: Okay. Oh. Santiago Echemendia: Yes. Vice Chair Spence -Jones: So those are -- Mr. Echemendia: Santiago Echemendia -- Vice Chair Spence -Jones: -- being deferred -- Mr. Echemendia: -- 1441 -- Vice Chair Spence -Jones: -- as well? Mr. Echemendia: -- on behalf of the applicant. Our client has -- my client has instructed me, in light of the opposition from the neighborhood and the concerns expressed by Commissioner Sarnoff, to "table" the item indefinitely. So with that, we would request that relative to PZ.1 and 2. Mr. Hernandez: Would that -- Commissioner Gonzalez: Mo -- Mr. Hernandez: -- be an indefinite deferral? Commissioner Sarnoff. Well -- Mr. Echemendia: Yes. Commissioner Sarnoff. -- I got to tell you, I've heard from my constituency loud and clear, and you simply don't need to build this particular building. I mean, you may have an entitlement to build something. It does not need an office. It does not need to be the heights that it's at, andl would like a commitment from you that this building would not be built. Mr. Echemendia: Commissioner Sarnoff, I don't know that, on behalf of the client, I could commit that the building will not be built. I could commit that, certainly, I think they've heard you loud and clear. You've been vehemently opposed. They understand that. And think in the spirit of collaboration with you and in light of the concerns with the community -- or by the community, they're willing to reassess and look at the entire program and have heard you loud and clear. I don't have the authority to say that, on their behalf, they would not build a building or what they're going -- Commissioner Sarnoff. No. That's not whatl said. Mr. Echemendia: -- to do. Understood. Commissioner Sarnoff. I'm not saying to withdraw all sense of a building. I'm saying to you, this particular building, as designed, you should not be building this building. Mr. Echemendia: I understand that. I believe, as currently designed, that there is an intent to revisit the design and certainly an intent to take it off the table indefinitely to have further collaboration with the community to see what they would be willing to embrace. Commissioner Sarnoff. That's fine with me. City of Miami Page 52 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: All right. So you're asking for a deferral on PZ.1 and 2, right? Commissioner Gonzalez: Table the item indefinitely. Mr. Echemendia: Yes, sir. Chair Sanchez: Okay. Mr. Hernandez: Well -- Mr. Echemendia: PZ (Planning and Zoning) -- it's an indefinite deferral. Mr. Hernandez: -- we were -- Chair Sanchez: Okay. Mr. Hernandez: -- trying to, in essence, determine what it is. It's six months? Is it a six-month deferral? Mr. Echemendia: We -- I don't know the -- Mr. Hernandez: Indefinite deferral? Priscilla A. Thompson (City Clerk): An indefinite -- Chair Sanchez: All right. Ms. Thompson: -- deferral is six months. Mr. Echemendia: We would be happy -- I don't know -- I'll defer to the Clerk on what the Code says if the applicant is willing -- we'd even be willing to defer for 12 months. It doesn't have to be six months. Not as a withdrawal, as a deferral. If the Code said six, then it's six. That's fine. Ms. Thompson: Our policy, our instructions are an indefinite deferral is six months. If there's anything else allowed in the Code, I really couldn't tell you. I would have to defer to our Legal Department for that. Chair Sanchez: All right. So -- Maria J. Chiaro (Deputy City Attorney): You can defer for as long as you like. However, I have a problem with a deferral for longer than six months, just in terms of keeping these petitions floating. It's a control of your docket. You have -- or control of your agenda. Commissioner Sarnoff. Does the Charter allow him to defer for 12 months? Ms. Chiaro: Yes. There is no -- Commissioner Sarnoff. Then I'm going to make a motion for deferral for 12 months. Mr. Echemendia: And we're fine with that, Commissioner. Commissioner Gonzalez: Second -- Commissioner Regalado: Second. City of Miami Page 53 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Gonzalez: -- the motion. Chair Sanchez: All right. There's a motion and a second to defer for 12 months. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Mr. Echemendia: Thank you. Chair Sanchez: That takes care of -- Commissioner Sarnoff. Thanks. Chair Sanchez: -- PZ.1 and 2. Vice Chair Spence -Jones: PZ.5, is that being deferred as well? Chair Sanchez: What are the PZ items that are being deferred? Vice Chair Spence -Jones: 16 and 17. Chair Sanchez: I got those. Vice Chair Spence -Jones: 1 and 2. Ms. Thompson: According -- Chair Sanchez: 16 and 17 -- okay, 16 and 17 are being deferred? Commissioner Gonzalez: Yes. Chair Sanchez: Okay. What else? Ms. Thompson: We already had, per the Manager, PZ.11 and 12 deferred. Chair Sanchez: No. Mr. Hernandez: No. Chair Sanchez: PZ.12 and 13. Ms. Thompson: I'm sorry, 12 and 13. Per the Manager, 12 and 13 were already deferred -- Chair Sanchez: Okay. Ms. Thompson: -- and we've just deferred 1 and 2. Mr. Hernandez: 1 and 2. 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 City of Miami Page 54 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 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 07-00345xc & 07-00345ww Exhibit A.pdf 07-00345ww CC Legislation (Version 1) - NEW.pdf 07-00345ww CC 06-25-09 Fact Sheet.pdf LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345xc. *See supporting documentation. PURPOSE: This will allow fewer setbacks than required for the Grove Harbour Marina and Marketplace project. INDEFINITELY DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to indefinitely defer item PZ.2 for 12 months. [For minutes related to Item PZ.2, see Item PZ.1.] PZ.3 09-00393xc 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, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES (4) OF R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO ALLOW HEALTH CLINICS IN THE R-3 DISTRICT, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 211, 217 AND 229 NORTHWEST 15TH STREET AND 226 NORTHWEST 16TH STREET, MIAMI, FLORI DA. City of Miami Page 55 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 09-00393xc Analysis.pdf 09-00393xc Zoning Map.pdf 09-00393xc Aerial Map.pdf 09-00393xc Letter of Intent.pdf 09-00393xc Application & Supporting Docs.pdf 09-00393xc Plans.pdf 09-00393xc ZB Reso.pdf 09-00393xc Legislation (Version 2).pdf 09-00393xc Exhi bit A.pdf 09-00393xc CC 06-25-09 Fact Sheet.pdf LOCATION: Approximately 211, 217 & 229 NW 15th Street and 226 NW 16th Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of The Sundari Foundation, Inc. and The Lotus Endowment Fund, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on May 18, 2009 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a health clinic for the Lotus House. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0315 Chair Sanchez: All right. Let's take up PZ.3 so we could get you out of here. All right. PZ.3, it's a resolution. Let's get a motion and a second. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a -- Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: -- motion by the Vice Chair, second by -- Commissioner Gonzalez: Second. Chair Sanchez: -- Commissioner Gonzalez. Let's put something on the record from staff. Roberto Lavernia (Chief of Land Development): Yes. Good morning. For the records [sic], Roberto Lavernia, with the Planning Department. PZ.3 is a special exception to allow a health clinic in the R-3 district. We -- Planning Department recommend approval with one condition. The condition is only related to the signs. City of Miami Page 56 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, on behalf of Lotus House, and we accept the condition. It just says that if we're going to have any signage, we need to come back for a Class II. Chair Sanchez: Okay. Before we open it up for discussion, it is a PZ (Planning & Zoning) item requiring public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Hope everyone has been sworn in. Okay. Good morning. State your name and address for the record. Constance Collins Margalies: Good morning. My name is Constance Collins Margalies. I'm with the Sundari Foundation, which operates the Lotus House transitional housing and resource center for women and children who are homeless, situated in the heart of Overtown. It's our application for special exception to add a health clinic to our facility. We'll be doing the health clinic with largely volunteer doctors and Department of Community Service of the University of Miami Miller School ofMedicine, volunteer nurses and other volunteers in the community. Over 70 percent of the women that we serve at Lotus House have untreated mental health, medical issues or both when they arrive at our shelter. All of our homeless women who are pregnant and their babies need regular and ongoing medical treatment. Few, if any of the women that we serve, when they first arrive, have received any kind of regular medical -- mental health, dental, or eye care. And we know that the stress of being homeless, of living on the streets, of wondering where your next meal is coming from generates important needs for counseling and mental health assistance after they arrive. It is essential for the women and children we serve to have immediate assistance after they arrive, and we know that it is essential to their stability and accomplishing their goals of building a safe, secure and better way of life. Stability is also essential to truly break the cycle of homelessness and to prevent homelessness in our community. This clinic will be an important resource for both the women and children who live at the shelter, and we hope it will be an important resource for the women and children who live in our Overtown neighborhood. Our goal is to reduce the barriers of access to good health care and to ensure that all of the women and children in our neighborhood have an opportunity for safe and healthy care provided to them. We very much appreciate your support for this proposal and thank you for giving us this opportunity today. Chair Sanchez: Thank you. Anyone else from the public wishing to address this item? If not, the public hearing is closed, coming back to the Commission. Vice Chair Spence -Jones: Mr. Chairman, I think we had a motion and a second on the item. Chair Sanchez: Yes. Vice Chair Spence -Jones: I just want to make a comment, if you don't mind? Chair Sanchez: Please. You're recognized for the -- Vice Chair Spence -Jones: First of all, I know that this has been a long time coming. I know that Vicky and your whole team have worked very, very hard to really make this possible, and think every single person up here on the dais knows how hard the Lotus House works for women that are in need. I think all of us have at least visited your site. And I just want you to know that the City ofMiami fully supports everything that you try to do to keep, you know, the program there and to support women and babies. So you are a Godsend not only to Overtown, but to the City ofMiami. So I just wanted to officially say that, and well done on finally getting it done. Ms. Collins Margalies: Thank you. Thank you, Commissioner. Chair Sanchez: All right. Thank you. Okay. It's a resolution. All in favor, say "aye." City ofMiami Page 57 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations to you. Ms. Collins Margulies: Thank you very much. Chair Sanchez: Thank you for your patience, too. PZ.4 08-00698sc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE SOUTHWEST 1ST STREET FROM SOUTHWEST 24TH AVENUE TO SOUTHWEST 25TH AVENUE AND SOUTHWEST 2ND STREET FROM SOUTHWEST 24TH AVENUE TO SOUTHWEST 25TH AVENUE, MIAMI, FLORIDA. 08-00698sc Analysis.PDF 08-00698sc Public Works Analysis.pdf 08-00698sc Zoning Map.pdf 08-00698sc Aerial Map.pdf 08-00698ac Application & Supporting Docs.pdf 08-00698sc ZB Reso.pdf 08-00698sc CC Legislation (Version 3).pdf 08-00698sc Exhi bit A.pdf 08-00698sc CC 06-25-09 Fact Sheet.pdf LOCATION: Approximately SW 1st Street from SW 24th Avenue to SW 25th Avenue and SW 2nd Street from SW 24th Avenue to SW 25th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ana R. Craft, Esquire, on behalf of the School Board of Miami -Dade County FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on June 5, 2008 by a vote of 7-0. ZONING BOARD: Recommended approval to City Commission on May 18, 2009 by a vote of 6-0. PURPOSE: This will allow a unified development site. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0316 Chair Sanchez: All right. Let's take up PZ.4. PZ.4 is also a resolution. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.4 is closing, vacating City of Miami Page 58 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 and abandoning and discontinuing for public use two alleys. One of the alley is -- both alleys are for Miami Dade [sic] Senior High School, and the Planning Department recommend approval. The Public Works Department recommend approval, and the Zoning Board recommend approval on May 18. Chair Sanchez: All right. Mr. Lavernia: Thankyou. Chair Sanchez: For the record, I have passed the gavel to Commissioner Sarnoff. I would make a motion to approve this. Commissioner Sarnoff. All right. We have a -- Commissioner Gonzalez: Andl will second -- Commissioner Sarnoff. -- mo -- Commissioner Gonzalez: -- the motion. Commissioner Sarnoff. -- second. We have a second from Commissioner Gonzalez. Open to a public hearing. Anyone from the public wishing to hear this -- to speak on this item? Hearing none, the public hearing is closed; back to the Commission. Commissioner Sanchez. Chair Sanchez: On this item, this is part of the construction and remodeling ofMiami Senior High School, which is my alumni. It is a great school, but really, you know, it breaks my heart to drive by Miami High and see the condition that it's in. Andl was there not too long ago when we had an award presentation, and it affected me so much that I even went in front of the School Board to address the conditions. They have basically allocated a lot of money to start the remodeling process. For whatever reasons, they keep delaying it because of the financial situation that the School Board is in. But really, it really reflects on the School Board and our local government when you drive by such a historical, beautiful school and see the condition that it's in. And it's truly a shame, andl think that there's been meetings and there's a lot of involvement now from the alumnites [sic] that are getting forth and going to approach the School Board to make sure that they do start some of the construction. And if anything, just get it looking half decent again before they start remodeling. So this plays a very important role in us turning the land over because if we don't turn the land over, they can't do the additions that are so required for the renovation ofMiami Senior High School. So it's with great honor that I support this -- Unidentified Speaker: Exactly. Thank you very much. Chair Sanchez: -- and hope that it, quickly, is renovated. Unidentified Speaker: Yes. Commissioner Sarnoff. All right. We have a motion and a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sanchez: Thank you. Unidentified Speaker: Thankyou. PZ.5 07-00391cm RESOLUTION City ofMiami Page 59 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT) DATED JUNE 13, 2008 AND RECORDED IN OFFICIAL RECORDS BOOK 26430, PAGE 1115-1121, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21 ST TERRACE, MIAMI, FLORIDA, IN ORDER TO AMEND THE ZONING COVENANT TO INCLUDE THE PROPERTIES LOCATED AT APPROXIMATELY 1249 AND 1265 CORAL WAY AND CHANGE THE PREVIOUSLY APPROVED ARCHITECTURAL PLANS TIED TO THE COVENANT. 07-00391cm Zoning Map.pdf 07-00391cm Aerial Map.pdf 07-00391cm Letter of Intent. pdf 07-00391cm Amended Covenant.pdf 07-00391cm Original Covenant.pdf 07-00391cm Coral Palace Plans.pdf 07-00391cm Supporting Documents. pdf 07-00391cm CC Legislation (Version 2).pdf 07-00391cm Exhibit A.pdf 07-00391cm Exhibit B.pdf 07-00391cm CC 06-25-09 Fact Sheet.pdf LOCATION: Approximately 1252, 1262 and 1272 SW 21st Terrace; and 1249 and 1265 Coral Way [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LC FINDING(S): PLANNING DEPARTMENT: N/A. PURPOSE: This will allow a modification to the existing covenant because of a change to the previously approved architectural plans. Motion by Chair Sanchez, 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-09-0317 Chair Sanchez: All right. PZ. 5. All those have been sworn in addressing this item? How many will be speaking against or for the item? One, two, three -- okay. Vice Chair Spence -Jones: Against? Chair Sanchez: Yeah. There'll be some against. Okay. Well, let's go ahead and get Planning and Zoning, and then we'll have the applicant, and then we'll have the opposition speak. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. PZ.5 is an amendment to a covenant. This covenant was offered as part of a zoning change petition for lots facing Southwest 21st Terrace. They are -- the previous building was a residential building with some offices. Now they want to put a hotel facing Coral Way, and they need to change the plans that were part of the previous covenant. We reviewed the plans and covenant. All the conditions City of Miami Page 60 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 of the previous covenant were placed in the new one, and they comply with all the previous requirement that we asked the project to have; having the town houses in the back, the landscaping condition, and the access to the town houses inside and all the loading and services inside the building too. So the Planning Department have no objection to the change of the covenant. Chair Sanchez: Okay. So this is just an amendment to the covenant. Mr. Lavernia: Yes, sir. It's an amendment to the covenant and amendment to the plans that are attached to the covenant. Chair Sanchez: Okay. Ben Fernandez: Good afternoon, Mr. Chair, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the property owner and the applicant. As Mr. Lavernia indicated, this application is really a preliminary step. The proposed hotel will require a special exception that needs to go before the Zoning Board and we fully intend to proceed with that process if this modification to the covenant is approved. Without this modification, we cannot even proceed to apply for the special exception. So as a preliminary step, we're bringing the proposed restated and release of the prior covenant to you for approval. Chair Sanchez: Counsel, let me ask you something. Mr. Fernandez: Yes. Chair Sanchez: Why not bring both together, the covenant and the special exception? Mr. Fernandez: Well, it's my understanding the special exception needs to go to the Zoning Board first. The covenant that is currently recorded limits the development of the property specifically to the office development. So unless we can demonstrate to the Hearing Boards and to your Law Department that we have the ability to ask for a special exception to allow a hotel use, they're not going to allow us to proceed. That's -- but I defer to counsel. Maria J. Chiaro (Deputy City Attorney): That's correct. Chair Sanchez: All right. Mr. Fernandez: So this application, just to give you a preview of it, we think is going to provide fewer impacts to the surrounding neighborhood. It is lower in height. It is approximately eight feet lower in height. It will have approximately 50,000 square feet less of development because the hotel requires considerably less parking. The impacts are spread out throughout the day, rather than during the peak hours on Coral Way. And so -- and you know, more than anything, it is a residential -- it is deemed to be a residential use or a quasi -residential use by your Zoning Code, as opposed to the office project that was previously approved. You can see both here -- I apologize. I don't have a microphone, but you can see the big differences. This area here, which was the prior transition into the residential neighborhood from Coral Way into 21 st Terrace will now essentially be removed, this entire block of parking, and the parking will be internalized within the tower. We continue to provide the residential buffer along 21st Terrace that was very important to you, Commissioner Sanchez, of townhomes. That is completely unchanged. Chair Sanchez: So, Counsel, how much height do you lose on the rear end that is towards -- Mr. Fernandez: We lose -- Chair Sanchez: -- Southwest 21 st Terrace? City of Miami Page 61 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Mr. Fernandez: -- this is approximately 60 feet in height, so -- Chair Sanchez: Sixty feet in height, so you've gone -- Mr. Fernandez: -- we lose -- Chair Sanchez: -- from sixty to what? Mr. Fernandez: To approximately a two-story, 20-foot-tall townhome height, all the way back to the tower. It was a considerable reduction in height in the middle part of the property. Chair Sanchez: Okay. Mr. Fernandez: But of course, these are all issues for the Zoning Board to consider. All we're asking for at this point -- Chair Sanchez: That'll be addressed on the special exception. Mr. Fernandez: That's correct. The owner of the site, by the way, Carlos Alaimo, operates a hotel in Venezuela and in Cuidad Bolivar, Venzuela, and he's prepared to commence development of the hotel himself although, he is entertaining offers from Hilton Gardens, as well as Best Western for this site. There are very few hotels -- mid -priced business hotels in this area. The Hampton Inn, which Commissioner Sarnoff would be very familiar with, is approximately 136-unit hotel on a very residential street behind a -- kind of behind a shopping center sandwiched in there. We think that this is a better location than that for a business hotel. It's more accessible to Coral Gables, more accessible to Brickell. Chair Sanchez: What's the closest one? Would it be the one on Brickell, the Extended Stay? Mr. Fernandez: Yes. Chair Sanchez: Which is a hundred percent occupied -- Mr. Fernandez: A hundred percent -- Chair Sanchez: -- all the time. Mr. Fernandez: -- because there's nothing affordable there. Chair Sanchez: All right. Does that conclude your presentation? Mr. Fernandez: That does. Chair Sanchez: So this is only the covenant? Mr. Fernandez: Yes. That's correct. Chair Sanchez: Everything else will have to come back through the special exception. Mr. Fernandez: Yes, sir. Chair Sanchez: All right. Open up to the public, the public wishing to address this item. Luis Herrera: My name is Luis Herrera, president of Vizcaya Homeowner Association. In the City of Miami Page 62 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 beginning, when he bring it up the project to you Commissioners, in front of you, the doctor, he said they going to be office all the time, and they promised to us it going to be low -density. Now I want to know how density it going to be, this hotel? How many floors? Chair Sanchez: Could you address that? Mr. Fernandez: It's smaller than the office building -- Mr. Herrera: No. But -- Mr. Fernandez: -- ten floors. Chair Sanchez: Ten stories. Mr. Herrera: Ten floor [sic]. Mr. Fernandez: That's correct. Mr. Herrera: Okay. The covenant is going to still -- and the land only you going to do is provide more space to the parking inside the building or whatever. But now you mentioned they need less parking. When you rented a nice hotel, you need some more parking, not less parking because it going to be more people renting in the place. Before it's less parking because it's office, and that's not too many people in there. So if you can explain it to the Commissioner how many parking going to be and you continue to have the town houses in the back, we don't have no objection. Mr. Fernandez: We -- Mr. Herrera: Okay? Mr. Fernandez: -- we're providing -- Mr. (UNINTELLIGIBT,F), we're providing more parking than is required by the Code for the hotel. We're providing 112 parking spaces -- I'm sorry, 121 parking spaces where only 112 spaces are required. So we're exceeding the requirements in the Code. And the overall structure, the parking structure is going to be reduced because the hotel use is going to be less intense overall than the office structure. You can see -- I invite you to look at the plans. You'll see. Mr. Herrera: Okay. In a second I'm going to look at it. But you said -- you mentioned too all deliveries are going to be inside the building. Mr. Fernandez: All the access to the hotel is via Coral Way. Mr. Herrera: Okay. Mr. Fernandez: There is no access on 21st Terrace. Mr. Herrera: Okay. Mr. Fernandez: Only the residential townhomes will have access on 21 st Terrace. Mr. Herrera: Okay. Another question is, in the future -- or before the future, you mentioned they going to give you the parking to ZuperPollo. Now you going to have some problems in there, andl think (UNINTELLIGIBLE) by the parking permit we have on 21 Terrace, but since you close in there and they can't use your parking and hotel, the ZuperPollo going to park in the residential area. And the doctor, he promised here they going to use the parking in the office City of Miami Page 63 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 that they had before. So you got to work it out what you going to do about the parking on the next -- on ZuperPollo, commercial. Chair Sanchez: Thank you. Mr. Fernandez: Thank you. Mr. Herrera: Thank you. Chair Sanchez: Any other speaker? Zulema Rivero: Good morning. My name is Zulema Rivero. My address is 2121 Southwest 13th -- Chair Sanchez: Good morning. Ms. Rivero: -- Avenue. And have a quick question. You mentioned that the park -- or rather, the exit from the actual hotel will be on Coral Way and those of the town house will be on 21 st Terrace. How is that going to be --? Is there going to be like a wall put up or some --? How's that division -- how's that going to take place? Mr. Fernandez: It's really -- the floor plan is virtually unchanged from the prior office building plan, if you recall that plan. You have both plans here, and you'll see that they're virtually identical. There's a wall that separates the townhomes from the hotel parking -- what was previously the office parking area. There's no -- the entrance to the townhomes will have their parking behind the townhome, and there will be no access from that parking lot to the commercial parking lot for the hotel. So it's totally independent, totally separate. Ms. Rivero: Independent. Okay. Thank you. Chair Sanchez: All right. Anyone else from the public wishing to address this item? If not, the public hearing comes back -- the public hearing is closed, and it comes back to the Commission. On -- it's important for you to understand that what you have there now is an empty lot. You're not going to see development for a while. I know the area very, very well. This project, when you compare the other project that was in front of us, this one is -- has less density on the Coral Way side, so it should be pleasing you. It has less mass on the center part, which is always my concern to have a smooth transition into the neighborhood. It has -- it went from what, from 80-some feet or 60-some feet to 40-some feet. Mr. Fernandez: Right. Chair Sanchez: All right. And you still -- Mr. Fernandez: Twenty -some feet -- Chair Sanchez: Right. Mr. Fernandez: -- in the back. Chair Sanchez: And the concern that you always had is that you didn't want any access onto 21st Terrace, which you didn't want people -- the traffic heading out there. The hotel, in itself, based on what's presented to us, will have the entrance on Coral Way, and the town houses basically stay the same. There has been no change to the town house on the 21 st Terrace of the project in itself. So I'm still comfortable with the buffer for the area. I think it's going to improve the quality of life along Coral Way, and I'm glad to see that you are in agreements [sic] City of Miami Page 64 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 as to what's going to be built there. Now -- so having said that, I think that we -- we're just going to be approving the covenant and it'll come back with a special exception giving you plenty of opportunity to review the plans and have public input and address this Commission once again. So having said that, I make a motion to approve the resolution. Commissioner Gonzalez: Second. Commissioner Sarnoff. All right. We have a motion and a second. Anyone from the public -- has already heard. Sorry about that. And we have the Commission. Any Commissioner wish to comment on this? All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right. PZ.6. Mr. Fernandez: Thank you. Chair Sanchez: Thank you. PZ.6 07-00216Iu1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 5265 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-002161u1 Analysis.pdf 07-002161u1 Land Use Map.pdf 07-002161u1 Aerial Map.pdf 07-002161u1 PAB Reso.pdf 07-002161u1 Letter of Intent.pdf 07-002161u1 Application & Supporting Documentation.pdf 07-002161u1 CC Legislation (Version 2).pdf 07-002161u1 & 07-00216zc1 Exhibit A.pdf 07-002161u1 CC SR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 5265 N Miami Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Douglas Gardens Holding Corp., Inc., a Florida Not -For -Profit Corporation, Holding Company of Miami Jewish Home and Hospital for the Aged FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 4, 2009 by a vote of 6-0. See companion File ID 07-00216zc1. City of Miami Page 65 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 PURPOSE: This will change the above property to "Major Institutional, Public Facilities, Transportation and Utilities". Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13074 Chair Sanchez: PZ. 6 is an ordinance on second reading. We should be flying through some of these, and then we're going to break for lunch at 12: 30, coming back at 2: 30 to finish out the remaining agenda. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. Let's -- Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: Whoa, whoa, whoa, whoa, whoa. Let's get something on the record on PZ.6, and then we have a motion made by the Vice Chair, second by Commissioner Gonzalez. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.6 and PZ.7 are companion items. Chair Sanchez: Okay, PZ.6. Yes. Mr. Lavernia: PZ.6 is a change of the future land use map for the remaining lot that has been in front of Commission for the rest of that block, and this is the remaining lot that is going to complete the same designation on the whole lot. The Planning Department recommend approval. The Planning Advisory Board recommend approval, and it pass on first reading on May 28. PZ 7, which is the companion item, is the same petition to change the zoning atlas. And it was recommended by the Planning Department. The Planning Advisory Board recommend approval and pass on first reading on May 28. Thank you. Chair Sanchez: Okay. Applicant, you're recognized for the record. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo. Unless the Commission wishes me to make a full presentation, we did that at the first reading, and we would urge you to approve this ordinance. Commissioner Sarnoff. I have a question, Commissioner. Chair Sanchez: All right. There's a motion and a second. The -- it is an ordinance. Before we open it up for discussion, it is an ordinance on second reading that requires a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. You're recognized for the record. Commissioner Sarnoff. Vicky, what happens to the trees? Are they part of the plan, or are they going to be take --? What's going to happen with them? Ms. Garcia -Toledo: If this is approved today, we will have to come back for a special exception City of Miami Page 66 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 or for a building permit for that site, and a tree mitigation plan will be done at that time. I believe with the locations of the trees, it just may be possible that the parking will be within the inside of the -- most of the trees are on the perimeter. There was a house on this site. Commissioner Sarnoff. Right. Ms. Garcia -Toledo: So they may all be able to stay as they are. But a mitigation -- full mitigation plan will be done, if needed. Commissioner Sarnoff. A mitigation plan is one thing. My only reason for asking is -- to the Manager's credit -- you notice how he always perks up when someone says "to the Manager's credit." Pedro G. Hernandez (City Manager): Yeah, especially during the City Commission. Commissioner Sarnoff. In a City Commission meeting, he's like good news is coming. To the Manager's credit, he is saving, I think, almost all of the trees at the Orange Bowl site, and he's replanting them pretty much throughout the City. And while we may have a mitigation plan -- and that just means we're going to count bark and we're going to try to replant the bark -- would your client consider allowing the trees to be moved if, in fact, they need to come down? 'Cause you have some very mature trees on that property. Ms. Garcia -Toledo: Well, there are two mature trees on the perimeter that are really on previous lots that were approved, and we kept them on site, and those will be kept on site -- Commissioner Sarnoff. Okay. Ms. Garcia -Toledo: -- the two large ones. Commissioner Sarnoff. If it's -- if they're not -- all I'm saying is if they're going to go down -- Ms. Garcia -Toledo: They will be replanted somewhere -- Commissioner Sarnoff. Okay. Ms. Garcia -Toledo: -- I'm sure, and we can commit to that. Commissioner Sarnoff. Thank you. Chair Sanchez: Okay. Vice Chair Spence -Jones: We had a motion and a second, right? Chair Sanchez: We had a motion and a second. We went through the entire process. Public hearing was opened and closed, and we're back to the Commission for a vote on second reading. It is an ordinance. 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): Our roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. City of Miami Page 67 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: All right. That takes care of PZ -- Ms. Thompson: 6. Chair Sanchez: -- 6. Maria J. Chiaro (Deputy City Attorney): 6. PZ.7 07-00216zc1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "G/I" GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 5265 NORTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-00216zc1 Analysis.pdf 07-00216zc1 Zoning Map.pdf 07-00216zc1 Aerial Map.pdf 07-00216zc1 Letter of Intent.pdf 07-00216zc1 Application & Supporting Docs.pdf 07-00216zc1 ZB Reso.pdf 07-00216zc1 CC Legislation (Version 2).pdf 07-002161u1 & 07-00216zc1 Exhibit A.pdf 07-00216zc1 CC SR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 5265 N Miami Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Douglas Gardens Holding Corp., Inc., a Florida Not -For -Profit Corporation, Holding Company of Miami Jewish Home and Hospital for the Aged FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on April 13, 2009 by a vote of 6-0. See companion File ID 07-002161u1. PURPOSE: This will change the above property to "G/I" Government and Institutional. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13075 Chair Sanchez: We move on to PZ.7. It's an ordinance also on second reading. City of Miami Page 68 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Maria 1 Chiaro (Deputy City Attorney): PZ.7 is the companion item to the land use change. Chair Sanchez: Okay. Put it on the record. All right. Is there a motion? Commissioner Gonzalez: Motion and second. Chair Sanchez: Well -- Commissioner Gonzalez: Motion. I'm sorry. Chair Sanchez: -- you can't make both. Commissioner Gonzalez makes the motion, and he seconds it. Commissioner Gonzalez: And he seconds it. Commissioner Sarnoff. Today he really matters. Chair Sanchez: So motion is made by Commissioner Gonzalez, second by the Vice Chair. Discussion on the item? Before we open it up for discussion, it is a companion and requires a public hearing; also, ordinance, second reading. Anyone from the public wishing to address this item? The public hearing is opened and closed, coming back to the Commission. No further discussion on the item. Read the companion item on the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, 5 -- I'm sorry, adopted on second reading, 5-0. Vicky Garcia -Toledo: Thank you. PZ.8 08-01086Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 8055 NORTH MIAMI AVENUE AND 8102, 8112, 8128 NORTHEAST MIAMI COURT, MIAMI, FLORIDA, FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 69 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 08-0010861u Analysis.pdf 08-010861u Land Use Map.pdf 08-010861u Aerial Map.pdf 08-010861u PAB Reso.pdf 08-0010861u Miami -Dade County School Concurrency.pdf 08-0010861u Application & Supporting Documents.pdf 08-0010861u CC Legislation (Version 2).pdf 08-0010861 u & 08-01086zc Exhi bit A. pdf 08-010861u CC SR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 8055 N Miami Avenue and 8102, 8112, 8128 NE Miami Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Kertch J. Conze, Esquire, on behalf of Josphine Mogene and Erick St. Louis, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 18, 2009 by a vote of 7-1. See companion File ID 08-01086zc. PURPOSE: This will change the above properties to "Restricted Commercial". Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13076 Chair Sanchez: All right. PZ.8, also an ordinance on second reading. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.8 and PZ.9 are companion items also. It's a request to change the future land use map of the Comprehensive Plan. The Planning Department recommend denial, and the Planning Advisory Board recommend denial, but it was passed on first reading on May 28. The -- Chair Sanchez: Okay. Can we get a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion by the Vice Chair. Can I get a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Before we open up for discussion, 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. Discussion on PZ.8. Hearing no discussion on PZ.8, it's an ordinance on second reading. Read the ordinance into the roll call -- 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): Your roll call. City of Miami Page 70 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.9 08-01086zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 10, 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 "0" OFFICE TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8055 NORTH MIAMI AVENUE, 8102, 8112 AND 8128 NORTHEAST MIAMI COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01086zc Analysis.pdf 08-01086zc CC Zoning Map.pdf 08-01086zc Aerial Map.pdf 08-01086zc Application & Supporting.pdf 08-01086zc ZB Reso.pdf 08-01086zc CC Legislation (Version 2).pdf 08-0010861u & 08-01086zc Exhibit A. pdf 08-01086zc CC SR 06-25-09 Fact Sheet.pdf Second Reading LOCATION: Approximately 8055 N Miami Avenue, 8102, 8112 and 8128 NE Miami Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Kertch J. Conze, Esquire, on behalf of Josephine Mogene and Erick St. Louis, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 9, 2009 by a vote of 4-3. See companion File ID 08-010861u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant will proffer a covenant for these properties. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13077 Chair Sanchez: PZ.9. Maria J. Chiaro (Deputy City Attorney): PZ.9 is the companion zoning change for the land use City of Miami Page 71 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 change that you just approved. Chair Sanchez: Okay. Ms. Chiaro: We have accepted a covenant and have reviewed and approved it to go with this zoning change. Chair Sanchez: All right. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion. Is -- Commissioner Gonzalez: Second. Chair Sanchez: -- there a second? Okay. It's a motion and a second. Before we open it up for discussion, it's an ordinance on second reading. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. 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. Priscilla A. Thompson (City Clerk): Your roll call. Vice Chair Spence -Jones: 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 09-00457zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 10, SIGN REGULATIONS, MORE PARTICULARLY, SECTION 10.2., DEFINITIONS, AND SECTION 10.4, GENERAL REQUIREMENTS; TO ADDRESS DEFINITIONS AND ISSUES AND REGULATIONS RELATED TO THE ILLUMINATION OF OUTDOOR ADVERTISING SIGNS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00457xt PAB Reso.pdf 09-00457zt CC Legislation (Version 3).pdf 09-00457zt-Legislation-SUB-Version 4.pdf 09-00457zt CC SR 06-25-09 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 May 6, 2009 by a vote of 8-0. City of Miami Page 72 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 PURPOSE: This will address issues and regulations related to the illumination of outdoor advertising signs. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13078 Vice Chair Spence -Jones: All righty. We're going to move on to PZ.10. Commissioner Gonzalez: 10. Move it. Vice Chair Spence -Jones: We have a motion. Do we have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All -- This is a public hearing. If there's anybody from the public that has any comments on this item --? Lourdes Slazyk (Zoning Administrator): I just need to put in for the record that the -- Vice Chair Spence -Jones: You may officially put something in the record. Ms. Slazyk: Oh, thank you. Lourdes Slazyk, Zoning administrator. After first reading -- you all have the amended version of this ordinance that we put two definitions back in which are required for the administration of the lighting of the -- the illumination of these signs. So it's just putting definitions in. Vice Chair Spence -Jones: Okay. No problem. So -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: -- I believe we had a motion and a second. Priscilla A. Thompson (City Clerk): Yes. Commissioner Gonzalez: Yes. Vice Chair Spence -Jones: Madam -- Commissioner Gonzalez: Read the ordinance. Vice Chair Spence -Jones: Yes. Can you read the ordinance into the record? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Vice Chair Spence -Jones: Roll call. Ms. Thompson: This is your roll call on your modified second reading ordinance. Ms. Slazyk: Yes. Commissioner Gonzalez: Right. City of Miami Page 73 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Ms. Thompson: Okay. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance -- modified ordinance has been adopted on second reading, 4-0. PZ.11 07-00939zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 627, CONCERNING THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT TO CLARIFY THAT MULTIPLE USES ON THE SAME BUILDING INCLUDE A COMBINATION OF RESIDENTIAL, RETAIL AND OFFICE; EXCLUDING FROM THE DEFINITION OF MIXED USES IN SD-27 THE COMBINATION OF ONLY RESIDENTIAL AND/OR LIVE/WORK USES IN A BUILDING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00939zt PAB Reso.PDF 07-00939zt CC SR Legislation (Version 3).pdf 07-00939zt CC SR 06-25-09 Fact Sheet.pdf LOCATION: 1) SE Corner of the Intersection of N Miami Avenue & NE 36th Street; 2) SW Corner of the Intersection of NE 36th Street & NE 2nd Avenue; and 3) SE Corner of the Intersection of NE 34th Street & NE 1st Place [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval without exceeding the approved Regional Activity Center (RAC). PLANNING ADVISORY BOARD: Recommended approval to the City Commission on July 23, 2007 by a vote of 7-0. PURPOSE: This will permit retail and office uses in mixed -use buildings at intersections of the SD-27 "Midtown Miami Special District". CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez and Vice Chair Spence -Jones absent, to continue item PZ.11 to the Commission meeting currently scheduled for July 23, 2009. Commissioner Gonzalez: PZ.11. Vice Chair Spence -Jones: PZ.11. Commissioner Gonzalez: You want to put something on the record? City of Miami Page 74 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Roberto Lavernia (Chief of Land Development, Planning Department): PZ.11 has been continued on several occasions, on September 27, October 25; April 24, May 22, June 26, and December 11, 2008. It is an amendment to the ordinance in order -- to change the definition of mixed use for specific site ofMidtown, and that was presented at first reading, and there was a discussion. There was not an agreement between the representation of both parts ofMidtown, that they don't have any objection anymore, so I let the explanation for the applicant. Iris Escarra: Good afternoon, ladies and gentlemen. My name is Iris Escarra, with offices at 1221 Brickell Avenue. I'm here today on behalf of my colleague, Lucia Dougherty, who is not able to be here today. We represent Midtown Equities, and we're in support of the modification, as it would allow us greater flexibility in being able to market our uses. I'm here in case you have any questions. Commissioner Sarnoff.. I do. I have a couple questions. Commissioner Gonzalez: Is there a motion? Commissioner Sarnoff.. I'll make the motion, but for discussion -- Commissioner Gonzalez: Is there a second? Commissioner Sarnoff.. -- purposes. Commissioner Regalado: Second. Commissioner Gonzalez: All right. Discussion. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff.. And maybe it's to counsel and maybe it's to the City. What is the financial impact of this ordinance to the City? This is the property that essentially has received over $169 million of money to -- from the City and the CRA (Community Redevelopment Agency) (UNINTELLIGIBLE), I apologize. What is the financial impact? Has anybody done a financial impact analysis? Pedro G. Hernandez (City Manager): Commissioner, I don't believe so. The way that we look at it today is that this is to, in essence, facilitate further, I would say, development of those two sites by allowing a mixed -use approach. But we haven't looked at it from a fiscal perspective. Commissioner Sarnoff.. But shouldn't we be looking at it from a fiscal perspective? I mean, are we looking at it too much in the short run and not enough in the long run? Mr. Hernandez: Well, in essence, Commissioner, what we have here is a situation that because of the economic situation that we face today, they have been slowed down, let's say. And by providing the ability to do mixed use, you're allowing them more flexibility in being able to move forward with the project. So that's the way that we are focusing on it. Commissioner Sarnoff.. And ordinarily, Mr. Manager, it's not my business, but in this circumstance, when somebody receives $169 million, in one manner or another, of a city or county money, it becomes our business. My question to you is, really, was it anticipated that there would be so many towers and so many residential units? I understand why you're not building it. There's a glut of residential housing, no two ways about it. And that glut will take quite a bit of time to fill, maybe three, maybe four years, whatever it might be. But if you let people go forward right now with what was a planned, urban development -- I think it was by a development agreement -- and if that development agreement is modified, will we continue to match the TIF (Tax Increment Fund) -- 'cause this was a very structured project -- will we continue to match the revenue necessary to pay for the bonds and has the citizens in the City of City of Miami Page 75 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Miami gotten a good deal for itself? Because the difference and the distinction between, let's say -- I don't mean to pick on any retailer, but let me do it for a moment. Let me pick on Best Buy. Best Buy puts a facility of let's say, two stories, one story on that particular site, as opposed to what was intended to be there, which would have been, let's say, a 400-unit condominium. Is there a distinction and a difference to the City, and is that part of the development agreement? Mr. Hernandez: Commissioner, I think that we're dealing with two issues because the development agreement continues to stand, and if they're in violation of the development agreement, we can take any actions that are provided to us. This, in essence, is separate and provides more flexibility to them in conducting their development, but it doesn't, I think, impact what they're responsible for under the development agreement. Commissioner Sarnoff If -- what this is doing, Mr. Manager, is allowing people to put -- andl always sort of go back to London 'cause along Hyde Park, there's a number of residential units that allow, on the bottom floor, to have retail. If this is what that's allowing to do, then I can support this. However, if this is mod4ing the development agreement in any way, I don't know that can support this. Because people contracted with the City to build something based upon a certain TIF revenue being generated, and that TIF revenue was going to retire all the bonds. Now if I'm mixing apples with oranges, tell me I'm mixing apples with oranges. If I'm not getting it right -- Mr. Hernandez: Right. But I think that they're still responsible to the DA (Development Agreement) requirements. No question -- development agreement. Larry Spring: Larry Spring, chief financial officer. Keep in mind, Commissioner, that development agreement and the agreement with the CDD (Community Development District) and the CRA, if there's not sufficient dollars generated by the TIF to pay the debt, those residential owners and those commercial owners are going to be assessed whatever the difference is, and they're going to have to retire that debt. So -- Commissioner Sarnoff So am I putting an obligation -- Mr. Spring: -- you're -- Commissioner Sarnoff -- on --? Right. Mr. Spring: -- covered from that perspective. I think you're -- Commissioner Sarnoff Well, Commissioner Gonzalez would yell at me, then all you're doing is putting it on the residents. Mr. Spring: But the residents that moved in and the residents that -- the commercial residents, the people that own the retail, when they moved in there, knew that this was an obligation. I think they've been assessed at least once initially, and we dealt with this amendment before the City Commission before. To deal with the -- I guess, the inherent question, are we switching one value for a lesser value, that's hard to answer, you know. Maybe we are. However, in this development period right now, we know, A, they probably wouldn't be financed for residential today to begin with; and B, are we --? The -- I guess, the goals of the Midtown development were, yes, to generate TIF, but also, job creation, residential, and to create that fully functional Midtown area on that huge site. So you are still meeting many of the -- Commissioner Sarnoff But here's -- Mr. Spring: -- requirements. City of Miami Page 76 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Sarnoff. -- my dilemma, and maybe you could convince me of your side. You still have, on the DDR (Developers Diversified Realty) side, that's the retail side -- Ms. Escarra: Correct. Commissioner Sarnoff. -- site parcels that haven't been built upon. And now what you're doing is, on your Equities side, I was told -- Ms. Escarra: The Midtown -- the residential side. Commissioner Sarnoff. Resident -- I call it Equity; is that right? Ms. Escarra: Yes. Commissioner Sarnoff. Okay. On the Equity side -- so let's just draw a line down the middle of the project. That's about what it is. Now you have on the Equity side, the residential side, you're going to introduce -- Mr. Spring: Retail. Commissioner Sarnoff. -- some commercial. If that commercial were part of a high-rise project, I understand it and could agree with it, but if that commercial allows a very small big box or something like that to go there, you have diminished your TIF revenue because there's still an available part on the DDR side of the project. And again, this wouldn't be my business -- andl want to stress this -- not my business who builds what, when, where and how. It is this Commission's business on a very sophisticated deal -- these folks got $169 million of our money. We are intimately involved with them and should be a part of this process. Mr. Spring: You are. Commissioner Sarnoff. So help me. Mr. Spring: They're going to have to answer the question on their intent -- what their intent is on that -- on -- with regards to -- Commissioner Sarnoff. Help me, counsel -- Mr. Spring: -- the zoning change. Commissioner Sarnoff. -- because I can't put -- and it's not because I'm in favor or against somebody, and it's not because ofjob creation 'cause, you know what? DDR still has parcels they could put commercial. But if you would convince me this was only to allow the next project you're building, a residential, and your first floor was there for commercial, I understand what you're doing. But if this is the intent or even the unintended consequence of allowing another parcel to be strictly commercial, I can't support this. Ms. Escarra: It is my understanding that the reasoning for this -- and this has been in the works for a while -- was because of the downturn in the market. They wanted to have the flexibility that, in the event that they were able to find an office/retail combination as opposed to your traditional residential/retail combination, they would have that flexibility in order to be able to introduce those uses. Any modification or anything that would be required would have to go through an administrative approval in accordance with the district regulation. So if there would be a change or if there would be a modification, they would have to go through the City process in order to make that modification. City of Miami Page 77 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Sarnoff. So if what you've told me is that somehow this Commission gets to look at what is built -- Do we get the MUSP (Major Use Special Permit) applications from over there? Ms. Escarra: I believe the SD-27 requires Class II administrative approvals with notice to everyone. Commissioner Sarnoff. The problem with that, though, it doesn't guarantee it comes back to this Commission. Commissioner Gonzalez: All right. I'm going to make a suggestion that your clients or yourself meet with the Administration and answer all of the Commissioner's questions and then bring this back before the Commission once you can give the Commissioner a clear answer on the questions that he has on this ordinance or resolution. Ms. Escarra: Okay. Commissioner Gonzalez: So what I suggest that you do is that you ask for a deferral of the item. Commissioner Sarnoff. That's fine. And if you want to table it and they can explain it to me, that's fine. But I happen to agree with Commissioner Gonzalez. I think it's going to require a deferral 'cause I need to understand the building aspect of this. Mr. Hernandez: Commissioner, I would support the deferral. Mr. Lavernia: The answer to your question is, yes, they would need a Class II Special Permit, not a Major Use. Commissioner Sarnoff. They will need a -- so this Commission -- Mr. Lavernia: A Class II Ana Gelabert-Sanchez (Director, Planning): A Class II Special Permit is administrative. It's at the Planning Department. It does not -- it is not a MUSP (Major Use Special Permit), so it does not come -- Commissioner Sarnoff. Right. So it doesn't come -- Ms. Gelabert-Sanchez: -- in front of you. Commissioner Sarnoff. -- to this Commission. Ms. Gelabert-Sanchez: It does not. It's a Class IL It's administrative. Commissioner Sarnoff. So if this administration decides it's in its, for whatever, interest to put a box over there -- let's say -- just call it a two-story unit without residential, haven't we really broken what our idea is over there? Haven't we kind of fragmented what we thought would be built there? Ms. Gelabert-Sanchez: Again, the thought was when we were introducing is allow more flexibility of uses to be considered as part of mixed use. Commissioner Sarnoff. No. I -- Ms. Gelabert-Sanchez: But understand your concern. We still -- City of Miami Page 78 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Sarnoff. Have you ever been to Hyde Park -- Ms. Gelabert-Sanchez: No. Commissioner Sarnoff. -- in London? Ms. Gelabert-Sanchez: I have not. Commissioner Sarnoff. Okay. Right around Hyde Park (UNINTELLIGIBLE) with a great many apartment buildings, beautiful apartment buildings. On the first floor of those apartment buildings -- they even have a BMW (Bavarian Motor Works) retail center for -- to sell cars. There's nothing wrong with that. That creates a mixed use of -- an opportunity. But if you're just going to put a BMW sales place on Equity's side, haven't you displaced and ruined the concept in the plan? Have I made myself clear? Ms. Gelabert-Sanchez: Yeah, yeah. No. I agree. I understand what you're saying, that you would like to have the mixed use properly being a mixed use and not a freestanding commercial or office in a -- Commissioner Sarnoff. Correct. Ms. Gelabert-Sanchez: -- property that it should be mixed use. Commissioner Sarnoff. 'Cause that was what DDR was intended to be. Ms. Gelabert-Sanchez: It's the percentages. The percentages of uses, I understand. Ms. Escarra: And it's my understanding, at this point, they haven't designed or modified or have the intent to modifi, anything. They just wanted to be able to have the flexibility that they could market and they could -- Commissioner Sarnoff. Andl -- Ms. Escarra: -- attract different tenants. Commissioner Sarnoff. -- and just -- and not to beat this horse to death -- I'm okay with that, but I need to know, from a Commissioner's standpoint, it comes before us, as opposed to a Class II, when I don't know the administration that will be here in four years and you decide you're going to build, you know, a Mercedes car dealership, open lot, as opposed to what I wouldn't mind, a Mercedes car dealership amongst a 30-unit residential tower. Ms. Escarra: I know the Class II process does provide notice to the Commissioner of the district, as well as it has the 30-day appeal period, which would come then before you. Commissioner Sarnoff. Yeah. But then the Administration makes me pay $500 from my District 2 funds, and that's not fair. So I'm going to move to defer. Commissioner Gonzalez: All right. We have a motion for a deferral. Is there a second? Is there a second on the deferral? Commissioner Regalado: Yes. Commissioner Gonzalez: There is a second. All in favor, say "aye. " City of Miami Page 79 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): IfI can get a -- Commissioner Gonzalez: Motion carries. Ms. Thompson: -- if we can get a date for that to be heard again? Do we know? Commissioner Gonzalez: To the next meeting. I think that -- Mr. Hernandez: I would say to continue it, which, in essence, would be the next Planning and Zoning meeting. Ms. Escarra: In July? Ms. Thompson: Thank you. Commissioner Gonzalez: Okay. Continue to the next Commission meeting. Ms. Escarra: Thank you. Commissioner Gonzalez: That will give them ample time. Ms. Thompson: July -- that'll be July 23, for the next -- Commissioner Gonzalez: Right. Ms. Thompson: -- P&Z (Planning & Zoning). Commissioner Gonzalez: All right. Ms. Escarra: Thank you. PZ.12 08-01084Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610, AND 2620 SOUTHWEST 5TH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" AND "DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES," EXCEPT FOR THE NORTH TWENTY-FIVE FEET PARALLEL TO SOUTHWEST 5TH STREET, WHICH IS TO REMAIN WITH THE "SINGLE-FAMILY RESIDENTIAL" LAND USE DESIGNATION; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 80 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 08-010841u Analysis.pdf 08-010841u Land Use Map.pdf 08-010841u Aerial Map.pdf 08-010841u PAB Reso.pdf 08-010841u Miami -Dade County Public School Concurrency.pdf 08-010841u Letter of Intent.pdf 08-010841u Application & Supporting Documents.pdf 08-010841u CC FR Legislation (Version 2).pdf 08-010841u & 08-01084zc Exhibit A.pdf 08-010841u CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Tony Recio, Esquire and Gilberto Pastoriza, Esquire, on behalf of The District Board of Trustees of Miami Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 18, 2009, except for the North 25 feet parallel to SW 5th Street, which is to remain with the "Single -Family Residential" Land Use designation, by a vote of 7-0. See companion File ID 08-01084zc. PURPOSE: This will change the above properties to "Major Institutional, Public Facilities, Transportation and Utilities". INDEFINITELY DEFERRED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to indefinitely defer item PZ.12. PZ.13 08-01084zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-2" TWO-FAMILY RESIDENTIAL TO "G/I" GOVERNMENT AND INSTITUTIONAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 81 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 08-01084zc CC Analysis.pdf 08-010841u CC Zoning Map.pdf 08-01084zc CC Aerial Map.pdf 08-01084zc Letter of Intent.pdf 08-01084zc Application & Supporting Docs.pdf 08-01084zc ZB Resos.pdf 08-01084zc CC Legislation (Version 2).pdf 08-010841u & 08-01084zc Exhibit A.pdf 08-01084zc CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street [Commissioner Joe Sanchez - District 3] APPLICANT(S): Tony Recio, Esquire and Gilberto Pastoriza, Esquire, on behalf of The District Board of Trustees of Miami -Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on April 13, 2009 by a vote of 3-2. Also recommended to the City Commission that the Board will not object to an "SD-12" Overlay to achieve the parking needs of the Miami -Dade College, by a vote of 4-1. See companion File ID 08-010841u. PURPOSE: This will change the above properties to "G/I" Government and Institutional. INDEFINITELY DEFERRED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to indefinitely defer item PZ.13. PZ.14 08-01207Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71 ST STREET AND 185 NORTHEAST 70TH STREET AND THE ABUTTING ALLEY TO THE EAST, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 82 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 08-012071u Analysis.pdf 08-012071u Land Use Map.pdf 08-012071u Aerial Map.pdf 08-012071u PAB Reso.pdf 08-012071u School Board Concurrency.pdf 08-012071u Application & Supporting Documentation.pdf 08-012071u CC Legislation (Version 2).pdf 08-012071u Exhibit A.pdf 08-012071u CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 190 NE 71st Street and 185 NE 70th Street and the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 18, 2009 by a vote of 8-0. See companion File ID 08-01207zc. PURPOSE: This will change the above properties to "Restricted Commercial". CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, to continue item PZ.14 to the Commission meeting currently scheduled for July 23, 2009. Chair Sanchez: We move on to the -- let's take up PZ.14 andPZ.15. I believe the district Commissioner -- this is her item. Is she okay with this item? Well, it's first reading. Commissioner Gonzalez: She's not here. Chair Sanchez: No. It is -- yeah, it is first reading. It is first reading. It'll come back in second. Why don't we just, you know, get the applicant to give us a presentation, make it short. Is there anyone in opposition to this item? There is no opposition. Maybe we could pass it on first reading. You're still going to have to come back for second reading, so let's just do something short. City Administration, could we get your recommendation as to -- Harold Ruck (Planner II, Planning Department): Okay. Chair Sanchez: -- 15 -- 14 and 15 PZs (Planning & Zoning)? Mr. Ruck: Good afternoon. Harold Ruck, with the Planning Department, and this is a companion item PZ -- with PZ.15, but this one particularly is for an ordinance on first reading amending the future land -use map of the Comprehensive Neighborhood Plan by changing the land -use designation of properties located approximately at 190 Northeast 71st Street and 185 Northeast 70th Street and the abutting alley to the east from duplex residential and medium -density multifamily residential to restricted commercial. Planning Department recommended denial. Planning Advisory Board recommended denial. Thank you. Chair Sanchez: Okay. Counsel, okay. City of Miami Page 83 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Estrellita Sibila: Good afternoon. For the record, Estrellita Sibila -- Chair Sanchez: Hold, before you go on. Roberto Lavernia (Chief of Land Development, Planning Department): Yes. I just -- Chair Sanchez: You want to add anything to the record? Mr. Lavernia: Yeah. I want to mention thatPZ.15 is a companion item to this one. Chair Sanchez: We are -- Mr. Lavernia: It's the zoning change. That the Planning Department recommend denial to be consistent, and the Zoning Board recommended approval to City Commission by a vote to 5-1. Chair Sanchez: On PZ.15. Mr. Lavernia: On PZ.15, which is the zoning change. Chair Sanchez: Right. Mr. Lavernia: Yes, sir. Chair Sanchez: Okay. Ma'am, you're recognized for the record. Ms. Sibila: Thank you. Good afternoon, ladies and gentlemen. Estrellita Sibila, on behalf of Mr. Niclas and Lisanne Pierre. Mr. Niclas is here accompanying me today. He's the property owner for the sites that are -- we are seeking the rezoning and the land use change. What we're asking to do is basically to move the district boundary line that you see one lot to the west so we could rezone in these portions here. So we would be moving this boundary line one lot to the west. Now this property's located on two major thoroughfares throughout the city; one is Northeast 2ndAvenue, which connects the northern portion of the City to the south. There's been a lot of activity and improvements that have occurred on Northeast 2ndAvenue. All of those have occurred just south of us, south of 54th Street. There have been some new improvements that have occurred with Little Haiti Park, and we're looking for the opportunity to develop this site with a commercial project. When we've -- we started looking into this particular site and the development of it back in March, and we've met with the Planning Department on several occasions. In order to accomplish that, we have to go through the zoning and the land use change process. We are -- we're required to show consistency with the Comprehensive Plan. And for the record, I'd like to note that we are consistent with several of the land use, capital improvements, and housing policies, as well. On this property is an urban infill site. It's within a neighborhood development zone. It's also been identified by the federal government as a census tract that's highly distressed, which means that they're qualified for a program under the federal government for new market tax credits. Basically, with that designation -- those designations of highly distressed are only given to properties that meet certain unemployment rates, certain levels of medium family income and the poverty rate. What we're looking at in this particular area is in a poverty rate of almost 49 percent; a family income ratio that's only 36 percent in the national average. What we're trying to provide here is an opportunity to bring in new jobs, bring in new commercial opportunities, bring in some retail opportunities for some of the residential areas that are to our east, and over to our west is a large industrial section. If you're familiar with the area, it's the McArthur plant. It -- has moved to that area, as well, and there's some smaller industrial uses. This opportunity, though, would give us some ability to look forward to provide an intersection that has been seeing some changes and will provide a new opportunity for some commercial improvements. Throughout this process, we've met with the Planning Department on the development of the site. We've also City of Miami Page 84 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 met with Community and Economic Development, and they've been in favor of what we've been proposing here. We've also talked to them about what kind of businesses that they would like to attract to the area, and we've been working closely with them to be able to design something so that we could serve those purposes. We're currently in talks with a bank, which there are no banks in this area, and other sorts of services that we could bring that are desirable to this community and to the members and residents that live in this area. The district boundary change would be a logical extension. We were seeking -- what we're seeking is a C-1 with an SD-29 overlay. The SD-29 overlay requires that we would need to obtain a Class II Special Permit. There will be a design review function, and the City will have oversight on the design review. We have gone through that process with them on several occasions, but the actual permit that we would need is a Class II, which we can't seek until our zoning would be in place, which is what we're seeking here today. And again, when the City contemplates on the issuance of a Class II Special Permit, they do take into account height, bulk, scale, transition, all of those issues that are important to the neighborhood and are important to our Commissioners as well. We also -- when we went through the design process, we made Mr. Pierre and his architect aware of the potential for Miami 21, and the design that has been reviewed by the City has been consistent with the Miami 21 designations on the property, should they occur. And just another point. I know that Miami 21 is not law and we're not sure where it's going to be, but what they have contemplated in Miami 21 is all of those portions that are R-3 would be now a new designation. That's medium -density residential -- or commercial/residential. So they would essentially be bringing commercial uses along the 71st Street corridor, which is what we would be asking for in our app -- in this application as well. Chair Sanchez: All right. Is there --? We're going to open it up to the public. Is there anyone here in opposition to this item or in favor of this item? The public hearing is opened and closed. There hasn't been a motion or a second. We'll bring it back to the Commission for a motion and a second. It's on first reading. It'll have to come back to second reading, and then we could decide that. So can I get a motion or a second? Commissioner Regalado: Are -- I mean, the Commissioner -- the area Commissioner is here? Is she going to be here or what --? Chair Sanchez: I don't believe -- she's not here. Commissioner Regalado: She's not there. Chair Sanchez: So what's the will of the Commission? I don't mind passing it on first reading and addressing -- Commissioner Regalado: I don't -- I just don't want to make a motion and -- Chair Sanchez: All right. Commissioner Regalado: -- without her being here. I don't -- Chair Sanchez: All right. Commissioner Regalado: -- know what -- Chair Sanchez: Can I get a motion -- Commissioner Regalado: -- she's going to say either way. Chair Sanchez: -- to defer -- City of Miami Page 85 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Regalado: I would support whatever -- Chair Sanchez: -- PZ.14 and 15? Commissioner Sarnoff. Move to defer. Chair Sanchez: Okay. There's a motion by Commissioner Sarnoff to defer. Need a second. Commissioner Gonzalez: Second. Chair Sanchez: Second. Commissioner Gonzalez: Second. Chair Sanchez: 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. The item has been deferred to the next regular PZ agenda. For the record, that was PZ.14 and 15. All right. Ms. Sibila: Thank you. Chair Sanchez: Thank you. I believe we have one more, PZ.20. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Will we let that continuance show for both 14 and 15 'cause -- Chair Sanchez: Yes, ma'am. Ms. Thompson: -- they're companion? Chair Sanchez: They're companion -- Ms. Thompson: Okay. Chair Sanchez: -- items. Ms. Thompson: All right. Thank you. Chair Sanchez: You're quite welcome. All right. Commissioner Sarnoff. I said both. [Later..] Chair Sanchez: All right. Are there any other items? Commissioner Gonzalez: I believe Commissioner Spence -Jones wants -- Commissioner Spence -Jones, her chief of staff is telling me that she would like a motion to reconsider the item, PZ.14and 15. Chair Sanchez: All right. Look, it's on first reading. It has to come back to us. She's requested a motion to reconsider, so do we have a motion to reconsider? City of Miami Page 86 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Gonzalez: I'll move it. Chair Sanchez: All right. There's a motion to reconsider. Is there a second? All right. I would second, ifI pass the gavel, but it dies anyway. So the item is not going to be heard, okay. All right. So that takes care of that item. PZ.15 08-01207zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 13, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-29" HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71 ST STREET, 185 NORTHEAST 70TH STREET AND THE ABUTTING ALLEY TO THE EAST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01207zc Analysis.pdf 08-01207zc Zoning Map.pdf 08-01207zc Aerial Map.pdf 08-01207zc Letter of Intent.pdf 08-01207zc Application & Supporting Docs.pdf 08-01207zc ZB Reso.pdf 08-01207zc CC Legislation (Version 2).pdf 08-01207zc Exhi bit A.pdf 08-01207zc CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 190 NE 71st Street, 185 NE 70th Street and the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on April 13, 2009 by a vote of 5-1. See companion File ID 08-012071u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial with an "SD-29" Historic Lemon City/Little Haiti Village Special Overlay District. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, to continue item PZ.15 to the Commission meeting currently scheduled for July 23, 2009. City of Miami Page 87 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 [For minutes related to Item PZ.15, see Item PZ.14.] PZ.16 08-01320Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 629, 635, 645, 655, 665 NORTHWEST 23RD STREET, 636 NORTHWEST 26TH STREET, 2451 NORTHWEST 7TH AVENUE AND 636 NORTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-013201u Analysis.pdf 08-013201u Land Use Map.pdf 08-013201u Aerial Map.pdf 08-013201u PAB Reso.pdf 08-013201u Public School Cuncurrency.pdf 08-013201u Application & Supporting Documentation.pdf 08-013201u CC Legislation (Version 2).pdf 08-013201u Exhibit A.pdf 08-013201u CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 629, 635, 645, 655, 665 NW 23rd Street, 636 NW 26th Street, 2451 NW 7th Avenue and 636 NW 24th Street, Miami, Florida [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire & Estrellita Sibila, Esquire, on behalf of Paradise Dairy Acquisitions, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 18, 2009 by a vote of 5-3. See companion File ID 08-01320zc. PURPOSE: This will change the above properties to "Restricted Commercial". CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez and Commissioner Sarnoff absent, to continue item PZ.16 to the Commission meeting currently scheduled for July 23, 2009. Vice Chair Spence -Jones: Mr. Manager, are there any items that are going to be deferred or continued? I know we mentioned them earlier, but you need to put them on the record. Pedro G. Hernandez (City Manager): Madam Chair, I know that -- I think it's PZ.16 and 17 we would like to have deferred. I don't know if the applicant is here on that item. City of Miami Page 88 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Regalado: Sixteen. Mr. Hernandez: And 17. Tony Recio: Hi. Tony Recio, 2525 Ponce de Leon Boulevard. I'm here on behalf of the applicant on PZ. 16 and 17. In terms of the deferral, we're prepared to move forward. Is there a reason for --? Mr. Hernandez: We do have some concerns -- Vice Chair Spence -Jones: Yeah. Mr. Hernandez: -- with the fact of the impact that this proposed project has on the industrial land in those areas. And since we continue to lose industrial lands, we wanted to be sure that the project better addressed the area and minimize the impact on the industrial lands. Vice Chair Spence -Jones: Right. Andl ifI can just add because this is actually in my district. Mr. Recio: Of course. Vice Chair Spence -Jones: So if there's anyway that you guys can at least sit down with the City Administration regarding the overall parcel. I know it's very close to the new biomedical facility that University ofMiami's putting up. I just want to make sure that at least there's some sort of understanding as to some key things that need to happen surrounding the facility and that's one of my concerns. And I know that -- you know how -- for the last three or four years, I've been a real stickler about losing any of my industrial land for anything else. So I'm going to just ask that you at least sit down with the City Manager, kind of go through those concerns. Mr. Recio: Madam Commissioner, if that's your will, we'll move forward with that. Vice Chair Spence -Jones: Okay. No problem. All right. Anything else, Mr. Manager? Mr. Recio: I'm sorry. May I just clarify? Will it be deferred to a date certain? Mr. Hernandez: I think it will be continued to the next Planning & Zoning meeting. Mr. Recio: Which is July, right? Vice Chair Spence -Jones: July, yeah. Mr. Hernandez: July 23? Mr. Recio: July 23. Mr. Hernandez: Twenty-third. Mr. Recio: Okay. Thankyou. Vice Chair Spence -Jones: Thankyou. Mr. Recio: Thankyou. Vice Chair Spence -Jones: Anything else? City of Miami Page 89 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Priscilla A. Thompson (City Clerk): Madam Chair, we do need a motion. Vice Chair Spence -Jones: Do we have a motion on this item? Commissioner Gonzalez: Motion to defer -- Vice Chair Spence -Jones: Do we have a second? Commissioner Regalado: Second. Commissioner Gonzalez: -- PZ.16 and 17. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item has been deferred. Ms. Thompson: To July 23. Thank you. Vice Chair Spence -Jones: What about PZ.5? Isn't that --? Mr. Recio: Thank you. Vice Chair Spence -Jones: Okay. PZ.17 08-01320zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, 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 "I" INDUSTRIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2451 NORTHWEST 7TH AVENUE, 636 NORTHWEST 24TH STREET, 636 NORTHWEST 26TH STREET, 629, 635, 645, 655 AND 665 NORTHWEST 23RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01320zc Analysis.pdf 08-01320zc Zoning Map.pdf 08-01320zc Aerial Map.pdf 08-01320zc Letter of Intent.pdf 08-01320zc Application & Supporting Docs.pdf 08-01320zc ZB Reso.pdf 08-01320zc CC Legislation (Version 2).pdf 08-01320zc Exhi bit A.pdf 08-01320zc CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 2451 NW 7th Avenue, 636 NW 24th Street, 636 NW 26th Street, 629, 635, 645, 655 and 665 NW 23rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on City of Miami Page 90 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 behalf of Paradise Dairy Acquisitions, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Made a motion to approve, which failed, constituting a recommendation of denial to City Commission on April 13, 2009 by a vote of 3-3. See companion File ID 08-013201u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. CONTINUED A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez and Commissioner Sarnoff absent, to continue item PZ.17 to the Commission meeting currently scheduled for July 23, 2009. [For minutes related to Item PZ.17, see Item PZ.16.] PZ.18 09-00140zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, 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 "0" OFFICE FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1028-40 SOUTHWEST 36TH COURT, 985-95 AND 1031-35 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00140zc Analysis.pdf 09-00140zc CC Zoning Map.pdf 09-00140zc Aerial Map.pdf 09-00140zc Letter of Intent.pdf 09-00140zc Application & Supporting Docs.pdf 09-00140zc ZB Reso.pdf 09-00140zc CC Legislation (Version 2).pdf 09-00140zc Exhi bit A.pdf 09-00140zc CC FR 06-25-09 Fact Sheet.pdf 09-00140zc-Submittal-PowerPoint Presentation -Steven Wernick.pdf 09-00140zc-Submittal-Steve Wenick.pdf LOCATION: Approximately 1028-40 SW 36th Court, 985-95 and 1031-35 SW 37th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of I.H. Real Estate Investor, Corp., a Florida Corporation FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on March 9, 2009 by a vote of 7-0. City of Miami Page 91 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 PURPOSE: This will change the above properties to "0" Office. The applicant has proffered a covenant for these properties. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Commissioner Gonzalez: All right. Let's take -- let's go back to the Planning & Zoning. We have another 15 minutes to see what we could get done. We have PZ.18, which is in Commissioner Regalado's district. PZ.18. Commissioner Regalado: Thank you, Mr. Chairman. I want to understand this. This is a duplex, but it will remain -- or is this R-3? I don't know if -- I guess Vicky -- Commissioner Gonzalez: Can anybody -- Commissioner Regalado: They don't have -- Commissioner Gonzalez: -- address the Commissioner? Roberto Lavernia (Chief of Land Development, Planning Department): I don't think that the legal representation for the item is here because it was announced that at 12:30, we're going to stop. However, I can tell you what the item is. It's a zoning change. Commissioner Regalado: No, no, no. Might as well -- no, because the other applicant -- it's just that the Chairman announced that we'll be breaking at 12: 30. Commissioner Gonzalez: Right. That's what happened. Okay. [Later...] Chair Sanchez: Good afternoon, ladies and gentlemen. The City ofMiami Commission is back in order after a lunch recess. We do have three Commissioners, constituting a quorum. So we're going to continue with the order of the day, which was the agenda, which we were on PZ (Planning & Zoning) items. We're going to go ahead and take up PZ.18 at this time. We do have the City Attorney. We do have the City Manager, and we have three Commissioners. So, at this time, we are on PZ.18. We'll hear the Administration on PZ.18, followed by the applicants, and then we'll open it up to the public for all those that will be testifying on this Planning & Zoning item. It is on first reading, so therefore, it has to come back to us again. Okay. So we're going to hear PZ.18, which is on first reading. It'll be back to us again, so staff you're recognized for your presentation -- RobertoLavernia (Chief of Land Development): For the records [sic], Roberto -- Chair Sanchez: -- or your recommendation. Mr. Lavernia: -- Lavernia, with the Planning Department. PZ.18 is a change of the zoning atlas. This do not trigger a change in the future land -use map of the Comprehensive Plan because they already have the office designation in the Comprehensive Plan. So this is in order to have the same designation. The Planning recommendation of the zoning change was for denial, and the Zoning Board recommended also denial because this is an intrusion of more intense uses, looking at the zoning atlas, in a residential, R-3, area. Chair Sanchez: All right. So it comes to us across-the-board denial from just about everyone. City ofMiami Page 92 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 All right. You're recognized for the record. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo, with the law firm ofBilzen Sumberg, and I'm appearing today before you on IHReal Estate Investor. This is a property owner who has owned this property for a little over 25 years. The property and the app -- the subject matter of this application is approximately an acre and a half. Most of that property is fronting 37th Avenue. There are two lots adjacent to the rear that front on 36th Terrace [sic]. In reality, this application for a zoning change only and not a land -use change is due to the fact that the City ofMiami, in its Comprehensive Plan, has identified this property with a land use of office. What this means is that our request to change the R-3 to the office zoning is an effort to clean up a discrepancy in the zoning atlas that is in violation of your Comprehensive Plan. Further, and in order for the City not to have to give the property owner a blank check with the - - which is the way the Planning Department usually says it, we are proffering a covenant that ties itself to a specific project, which you have in front of you. We have submitted that project for review to the Planning Department. The Planning Department Design Review Committee has reviewed the project and has agreed with us that this project respects both the current Code and Miami 21, and the proffering of the covenant means that this owner, if granted his request to create consistency between your zoning and your land use, would only be able to develop this site. I also would like to bring to your attention that right now these properties are R-3. That means that today, as of right, the owner of the property could pull a building permit without any other approval from the City and build, on 36th Terrace, on the two duplex lots, a five -story building that would approximately put 97 vehicles on 36th Terrace [sic]. The project that we are proposing and that is before you places the entire residential project on 37th Avenue, and the lots that front 36th Terrace [sic] would only house a swimming pool and a recreation deck, and there would be zero -- andl repeat, zero access from 36th Terrace [sic]. Chair Sanchez: And that's -- Commissioner Regalado: Thirty-six Avenue. Chair Sanchez: -- proffered in your covenant? Ms. Garcia -Toledo: Thirty-six Avenue. I'm sorry. Chair Sanchez: And that's proffered in your covenant? Ms. Garcia -Toledo: That is proffered in the covenant. The covenant says that we will only build this project, and the project would have no access from 36 -- Commissioner Regalado: How old are the duplex? Ms. Garcia -Toledo: Excuse me? Commissioner Regalado: How old are the duplex? I mean -- Ms. Garcia -Toledo: The duplexes are over 60 years old. Commissioner Regalado: Yeah. That's whatl -- Ms. Garcia -Toledo: And -- Commissioner Regalado: And the property -- Ms. Garcia -Toledo: -- they were built in 1948. City ofMiami Page 93 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Regalado: -- in the back? Ms. Garcia -Toledo: The property in the back -- We're getting that information. Also, one of the great concerns is that all of these properties together have a tax burden of about $60, 000 a year. The tax burden on these properties -- the client is upside down in paying the taxes because the profitability of these rental properties, due to their age and their location and how they relate to this 37th Avenue, which has totally changed in trend, is just impossible to make it profitable. During this period of time, since 1948, there's been a drastic change and a new trend on 37th Avenue. And what I'd like to do for a moment is to ask my associate, Steve Wernick, to come and share with you. Steve is not only an attorney, but he is also a graduate of the University of Florida School of Urban Planning, andl would like him to share with you some of the details and some of the things that have been happening and the trend that has been established. Steven Wernick: Okay. Good afternoon, Commissioners. Chair Sanchez: Good afternoon. Mr. Wernick: All right. Douglas Road, obviously, creates the western boundary of the City of Miami, as you know, for most of this part of the City ofMiami. What I'm focusing on, just briefly, is Southwest 8th Street down to Southwest 12th Street, just to talk a little bit about some of the changes and some of the changes that are contemplated by the Comprehensive Plan. The current land -use designation is office, and that was done several years ago, many years ago. And as Vicky said, we're trying to bring this property into conformance with the Comprehensive Plan. Thirty-seventh Avenue is a five -lane traffic corridor. It's two lanes each way, and a suicide lane in the middle. It's heavy traffic. It's high-speed traffic, and many of the uses currently on the east side of the street are residential, but the access and the interrelationship between the residential and the street is not ideal right now. And just to give you an idea of the existing uses, you have, going south from Southwest 8th Street on the east side, a gas station, a shopping center, a small office building, a five -story multifamily residential building. This is down to about Southwest 9th Street. And then from there, you have a range of one- to five -story multifamily residential dwellings. And as you go further south past this property, there's actually an office building right on 37th Avenue. If you look at the west side of the street, which is the City of Coral Gables, you can see that they've got multiple buildings that are over 20 stories tall, some of which have 8-, 9-story parking garages. There's also office uses, and there's a mix of different types of uses, but certainly, they're mainly much more intense than you have on the east side of the street. They're also much newer buildings, andl think they represent the future of 37th Avenue. So just to talk briefly about the development trends that we're seeing. This is a transition zone between commercial and office uses and more towards residential uses as you go both south and east from 37th Avenue. It's also a transition between Coral Gables and the City ofMiami. Along 37th Avenue, currently there's certainly an incompatibility of low -density residential uses adjacent to the road. The City ofMiami defines Douglas Road as a major thoroughfare, and I'll show you a map in a second that is defining all of the roads in Miami as -- which are major thoroughfares. The carrying capacity on Douglas Road currently -- and this is according to the transportation element in the Comprehensive Plan -- it has a peak hour roadway level of service standard "E, " but the current level of service standard is `D, " which is unusual in a city like Miami that actually has quite a bit of capacity remaining. It's not an over -congested roadway. Transit -oriented development. You have the 37Metrobus route, and the buildings that are being built along Douglas Road, both sides of the street, are certainly more intense and they -- the transportation and the land use interaction is becoming evident. And to have lower density uses there, one story, two story [sic] tall, it's certainly not maximizing the redevelopment potential of a major street in the City ofMiami. Here's a map that just shows you some of the major thoroughfares, identifying 37th Avenue. The last trend -- new development is going vertical. The EAR (Evaluation and Appraisal Report), which was done in 2005, calls for high -intensity buildings where services and infrastructure already exist. You know, the City ofMiami is an older city that doesn't deal with sprawl issues like the County deals City ofMiami Page 94 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 with often, but there's still opportunities to maximize development potential along major corridors, major thoroughfares, and in areas where the trend has already started. So you can see on -- you know, the City of Coral Gables on the other side is already going in that direction, and it's not going to reverse itself. So I just wanted to call your attention to those few points, and I'll turn it back to Vicky. Ms. Garcia -Toledo: The consistency required between your Comprehensive Plan, which already has this property as transitional and designated as office, and the need to change the zoning of the property to also office is legally required by your Comprehensive Plan as well as by case law. City of Cape Canaveral versus Moisier (phonetic), that's at 467 So. 2nd 468. And therefore, your own City, your own Planning Department, keeps a list of what they call inconsistencies so that the City will undertake to bring the land use and the zoning into compliance. And this is one of the properties that are [sic] listed in your own City's requirements. We also invited all of the neighbors in the block to come to a meeting so that we could, in fact, discuss the project. And Michelle Rhoda (phonetic), the daughter of the owner of the property, went door-to-door and left an invitation. We were there. We waited patiently and no one came. So if you're wondering why the Zoning Board denied this application was because one of the board members said that he lived in Coral Gate and that he didn't believe that -- he didn't want to see this building from his property. Well, Coral Gate is way away from this location. So I would urge you to please approve this application, accept our proffered covenant. Andl would like to save some time for rebuttal. Chair Sanchez: All right. Thank you, Madam Applicant. This time the public can address the Commission. Those who want to testify, please step up. State your name and address for the record. Juan Rodriguez: Yeah. My name is Juan Rodriguez. I live at 12000 Northwest 15th Court, in Pembroke Pines. My father owned this house -- the house right next to it where they're going to build and actually build a wall on the back. And on the -- going all the way to Northwest -- to Southwest 36th Court and then continue on 36 Court for another about 60 feet, another wall, and then going -- again, going west for -- 'til the -- to 37th Avenue, actually dividing the Northwest 36th Court into the north of the wall and south of the wall. I'm calling this wall that they have planned around my house, call it the Berlin Wall, one of those beautiful walls that was taken down about a few years back at Berlin. You know, it's -- I notice they call it beautification before. I don't think, if you live on -- depending on the side that you live, that it's a beautification. Now going back to the development, the development is -- they talked about Coral Gables, and they emphasized a lot about Coral Gables. We're not Coral Gables. We're separate from Coral Gables, one. Two, the buildings you want to build on 37th Street -- or 37th Avenue, not a problem. Why go and divide the Northwest 36 Court? Why extend it? It was asked two months ago here, relook at that. Don't take Northwest 36 Court. Leave that section. Don't disturb that area. Well, apparently, they brought a lot of legal people, a lot of knowledgeable people to just try to convince that, in essence, I don't think they've done it, at least not to me. I hope it's not to the Commissioners, that what they're doing is really trying to circumvent some zoning area, putting a wall behind my house all the way to the east and then around on 36 Court. That wall will become graffiti wall. I urge you to really consider that. Chair Sanchez: Okay. Mr. Rodriguez: If they would stay behind on 37th Avenue, I don't think have any concerns. It's that area that they're trying to divide on 36th Court. Chair Sanchez: Okay. Thank you, sir. Appreciate it. Yes, ma'am. Cari Armbruster: Okay. I'm his sister. City of Miami Page 95 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Chair Sanchez: Okay. Name and address. Ms. Armbruster: My name is Cari Armbruster, 1020 Southwest 36th Court. Chair Sanchez: Okay. Ms. Armbruster: Okay. As I was going to say, I'm not a lawyer. I have no experience in public speaking, so I'm just going to ramble on into what I think my important focus is. I tend to think that this huge building is going to be aesthetically an eyesore. It's -- we've been in this area since 1963, in that same little house. I'm concerned about if it is approved, the banging that it's going to involve when building this building, and the piling (UNINTELLIGIBLE) is going to affect my house, which is on top of bricks. The house sits on top of bricks. So I tend to think that, environmentally, this is also going to obstruct light, wind, and it's going to be really a disaster and unreasonable and unpleasant structure in the neighborhood. The neighborhood has been for houses. We've been there for 40-some odd years, and this is going to split the entire neighborhood. And maybe they have -- you know, they've been pointing out of some buildings in the Coral Gables side, but this is the Miami side, and we don't have huge buildings like this in this area. We mainly have, you know, houses in there, and most of the people that live there have been there quite a long time too, so I tend to think that this is going to affect all of us. Chair Sanchez: Thank -- Ms. Armbruster: And you know -- Chair Sanchez: -- you. Ms. Armbruster: You're welcome. Chair Sanchez: Okay. Anyone else wishing to address this Commission on this item? If not, the public hearing is closed. Counsel, you have some rebuttal, and then we're going to bring it back to the Commission for a vote. Ms. Garcia -Toledo: I think that I heard that there is really no concern with the 37th Avenue side, but it's really the 36th Court that presents a problem to the neighbors. And what I'd like to do is concentrate a little bit on specifically the 36th Street [sic] portion of it. And this is the 36th Street [sic] portion. It's these two lots -- Commissioner Regalado: Thirty-sixth Court. Ms. Garcia -Toledo: Commissioner -- 36th Court, I'm sorry. There are two lots fronting 36th Court. As you can see from this plan, we are not building anything on those two lots. First of all, the wall that the gentleman is referring to is a requirement of the City ofMiami. It's not our choice. If the City ofMiami would want to waive it because he doesn't want it, we would be fine with that, but understand that that is a zoning requirement. If you look at those two lots, what we have done is we have put the rec. (recreation) deck and the pool -- so there will be no structure built next to the gentleman's building or structure that he's talking about. We are required to put that wall, but even with the wall on 36th Street [sic], what we have done is we have set back the wall 20 feet. And you may ask why we set back that wall. The reason for it is that we want that wall to be flush with the front wall of all of the other existing structures on 36th Court. The appearance of that wall -- even though it's a six-foot wall required by the City of Miami Code, we have given it a structure to look like windows and doors, and then put landscaping in front of it so it would look just like if there was -- the front wall of a house there to maintain the continuity of the house. So we are maintaining the fabric of 36th Court exactly the way it is. And this was the reference that I made early on, that right now on those two lots, someone could come put a five -story building with up to ninety-seven vehicles coming on -- in City ofMiami Page 96 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 and out from 36th Court. So I think the covenant preventing any traffic for this project from 36th is an advantage. Commissioner Regalado: Court. This is court. It's wrong. Commissioner Sarnoff.. So when it says "Southwest 36th Terrace," that's wrong? Commissioner Regalado: No. It's -- Ms. Garcia -Toledo: That's wrong. I've just been corrected by the district Commissioner that it's "court." Chair Sanchez: All right. How much time are you going to need for rebuttal? Ms. Garcia -Toledo: The only other thing that I was going to say was that the concern about graffiti on the wall, that's a Code enforcement issue, but we're fully landscaping, so it should not be exposed to graffiti, but if there was graffiti, it would have to be maintained. And of course, view, light, and wind are not protected in the state of Florida, and there is Supreme Court case on that matter. With that, I would conclude my presentation. I would ask that you inquire of your Planning Department if -- what their position would be on this matter with the covenant, if accepted. Chair Sanchez: All right. Before we do that, we bring it back to the Commission. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you very much, Mr. Chairman. I am -- I know that area really well. That's -- across the street from 36 Court is what they call Pastorita (phonetic). It's a two-story building. I don't -- I know the construction and the duplexes fronting 37th Avenue, and these are very old, very old, very old structures. I understand what the residents say, but this is exactly the same scenario that happened on 30 -- on 26 Terrace and 25th Avenue southwest. It was a lot that was zoned R-3, and they wanted to build sort of a town house, two stories, and some people complained about the height, but it was zoned R-3 and somebody came and proposed a seven -story building, which we then lowered to five stories, which is right next to houses. I think that what you're proposing in terms of 36th Court, which is the residential area, makes sense. I mean, 37th Avenue is a commercial corridor. And although it is across the street from Coral Gables and Coral Gables does not recognize any of the zoning rules of the City of Miami, people are building on 37th Avenue. So as long as we have a covenant, which exactly says, Counsel, that there will be no egress or access on 36 Court -- because, remember, 36 Court is not a very wide avenue [sic]. Ms. Garcia -Toledo: Commissioner, the covenant, ifI may read, says the property will be developed in substantial compliance with that certain site plan on files with the City ofMiami, dated February 4, 2009 and prepared by Form Group, entitled `Proposed Residential Building, " as the address which is deemed as being incorporated by reference herein. And the plans are exactly what you see here that I've shown you that has no access from 36th. But if you wish me to add an additional provision with -- just saying that there will be no vehicular access of any kind, vehicular or pedestrian access from 36th Court, I'll be very happy to add that. Chair Sanchez: But don't you have that already? Commissioner Regalado: I think it's important for the reason that -- Ms. Garcia -Toledo: It's in the plans. Commissioner Regalado: -- it -- they need protection. The people on Coral Gardens City ofMiami Page 97 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Condominiums need protection from the traffic. Actually, we're in the process of trying to get a traffic circle for 35th and 36th Avenue because of the traffic flowing from 16 to 8 Street. And so we need to make sure that there is no traffic at all coming from that building on 36 Court because that will flow into 36 and 35th Avenue and 9th Terrace and 10th, which is all the Coral Garden [sic] Condominiums area and the residential. So that's -- I don't know if, Madam City Attorney, it's -- can that be added to the covenant in case --? Maria J. Chiaro (Deputy City Attorney): Yes. This is first reading. Ms. Garcia -Toledo: This is first reading. Ms. Chiaro: So the covenant that is proffered will be accepted, if this Commission approves the change in zoning. On second reading, we can, in the City Attorney's office, review the covenant that is offered by the developer and assure that the items that have been stated to be added are included. Commissioner Regalado: Okay. This is first reading, so I'll make a motion -- Chair Sanchez: All right. Commissioner Regalado: -- to approve on first reading. Chair Sanchez: With the covenant? Commissioner Regalado: With the covenant. Chair Sanchez: Okay. Can we just put --? Well, I'll tell you. We'll -- we got plenty of chance -- Ms. Chiaro: The covenant -- Chair Sanchez: -- we got plenty of time on second reading. Ms. Chiaro: -- comes on second reading. Chair Sanchez: Okay. So the covenant will come back. Okay. Need a second. Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Any further discussion on the item? This is first reading. You will have an opportunity for second reading, based on the covenant that will come in second reading. There's been a motion and a second. Question, Commissioner Sarnoff. Commissioner Sarnoff. Madam City Attorney, we were told that our comp. (comprehensive) plan is illegal and not in compliance with our zoning, and the case of City of Cape Coral [sic] 467 So. 2nd 468 was cited. Is that a correct representation? Ms. Chiaro: It is an incorrect representation. The comp. plan for the City ofMiami is legal, but the zoning -- the comp. plan covers a broad land use category, and then the uses for the zoning within that need to fit within the comp. plan category. They do not need to be exactly mirrored. Planning Department can explain that even more, but -- Commissioner Sarnoff. What is the Cape Coral [sic] case say? 'Cause we've been -- a case was cited to this Commission. I don't know what it says. I was told we're illegal. Ms. Chiaro: Nor do I know what that is. We have a zoning scheme in the City ofMiami that City ofMiami Page 98 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 requires, as I just told you, that we have broad land use categories and then -- Commissioner Sarnoff.. Does anybody have the case? Ms. Chiaro: -- the -- Ms. Garcia -Toledo: Yes. Ms. Chiaro: -- zoning within it needs to be included in that land use category. And in the comp. plan for the City ofMiami, the use that is currently in the zoning -- the zoning that is currently on the property fits within the City ofMiami Comprehensive Plan. Commissioner Sarnoff.. So you're saying to this Commission, don't accept any of the counsel's representations about -- Ms. Chiaro: Absolutely not. I'm say -- Commissioner Sarnoff.. It'd be nice to hear that. Ms. Chiaro: -- I'm saying that on this particular issue, counsel has characterized the zoning incorrectly for the City ofMiami. Ms. Garcia -Toledo: I'm sorry, Commissioner. I didn't say illegal. I said inconsistent. There was an inconsistency between the designation by the Comprehensive Plan and the zoning on the property. In that case, in summary, says the comprehensive land -use plan legislatively sets a zoning norm for each zone. After adoption of such a plan, zoning changes should be made only when existing zoning is inconsistent with a plan and then only in the direction of making the zoning more consistent with the plan, and I am reading from page 4 of 4, the second paragraph. Commissioner Sarnoff.. 404? Ms. Garcia -Toledo: Page 4 of 4. Commissioner Sarnoff.. Oh, 4 of 4. I'm sorry. Chair Sanchez: All right. So it boils down to illegal or inconsistent. Ms. Garcia -Toledo: Inconsistent. Ana Gelabert-Sanchez (Director, Planning): It's not illegal or inconsistent. Chair Sanchez: All right. Ms. Gelabert-Sanchez: It's like the City Attorney explained. It is not -- first, it's not illegal, but it's not inconsistent either. It's less. The category of the land use is the umbrella over the zoning. The zoning can be less. The zoning is what is the ceiling, if you will, of what can be built on that property. I don't know the case, andl am not an attorney. I will leave the City Attorney's Office to read the case. I can just tell you from the comp. plan perspective. Commissioner Sarnoff. Do you have the case, Madam City Attorney? Ms. Chiaro: Counsel has just provided me the copy of the case. I can analyze this case, not in a few seconds, but read the case and analyze it. Chair Sanchez: Why don't you analyze it and bring it in second reading? City ofMiami Page 99 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Ms. Chiaro: Of course. Ms. Garcia -Toledo: Commissioner, I would also call you to the standard of review and the burden of proof in paragraph four, where it says the local comprehensive plans, which it mandates are not -- Commissioner Sarnoff.. You want me to read where it says "Legal status of comprehensive plan to be such that its adoption, all land development regulations enacted or amended must be consistent with the adopted comprehensive plan"? Ms. Garcia -Toledo: That's it. Commissioner Sarnoff.. And you're citing Florida Statute 163.3194(1)? Ms. Garcia -Toledo: Actually, I think it's the court that cited that statute, not I. Commissioner Sarnoff.. Okay. Couldl have one more question, Mr. Chair? Ms. Garcia -Toledo: Of course. Chair Sanchez: Yeah. Commissioner Sarnoff.. What -- why is this consistent with Miami 21? I've heard so many people say the two are absolutely inconsistent. Why is this consistent with 21? Ms. Garcia -Toledo: The design of the building is consistent with the design elements that are outlined in Miami 21. So this building, which meets the current zoning and could be built under 11000, when it comes to design, would also fit the design elements ofMiami 21. Is that accurate? Ms. Gelabert-Sanchez: It has gone through internal design review, and they have found that the -- as Mr. Lavernia explained, the concern we had -- and that's why we have to also say denial -- the Planning Department does not have the authority to approve a covenant, therefore, a project. Therefore, to us, it's denial. The proposed Miami 21 zoning classification is a T6-8(0), 0 meaning mixed use. I actually have met with the owner of the property several years (UNINTELLIGIBLE) were in the process. We did not feel that just the office without a project was appropriate because of the height and the intensity abutting a single-family res -- the residential -- the R-3 that was -- Ms. Garcia -Toledo: I agree. Ms. Gelabert-Sanchez: -- the office was just -- the transition was not there. Therefore, that's why we're waiting for Miami 21, and that's what we're proposing. Having said that, the covenant that they're bringing, we don't have the authority to approve it; you do. So we could not just approve a blank check on a zoning that we felt that it was inappropriate. Commissioner Sarnoff.. Thank you. Chair Sanchez: And the project is specific -- Ms. Garcia -Toledo: Yes. Chair Sanchez: -- with the covenant that'll be coming in second reading. All right. So we have a motion and we have a second with -- well, the covenant will come in second reading. All right. City ofMiami Page 100 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Okay, it's an ordinance on first reading. So read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff You realize that you cited a concurring opinion. You did not cite the case for its holding. I'll vote yes, but I'm concerned that you would bring that up for a concurring opinion. Ms. Garcia -Toledo: Okay. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Sanchez: All right. Counsel, can you reach out to some of the residents if they have concerns? I think that they need to understand what the project specific is all about, about not having -- Ms. Garcia -Toledo: Yes, sir. Chair Sanchez: -- five stories in the back, just having a pool deck. Ms. Garcia -Toledo: I'll be happy -- Chair Sanchez: Okay. Ms. Garcia -Toledo: -- to meet with them. Chair Sanchez: All right. Okay. So that takes care of that item. PZ.19 09-00025zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 907, IN ORDER TO REQUIRE A CLASS I SPECIAL PERMIT FOR APPLICATIONS FOR SPECIAL YARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 101 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 09-00025zt PAB Reso.pdf 09-00025zt CC Legislation (Version 2).pdf 09-00025zt CC FR 06-25-09 Fact Sheet.pdf 09-000252zt-Submittal-Orlando Toledo.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 May 20, 2009 by a vote of 9-0. PURPOSE: This will allow the requirement of a Class I Special Permit for applications of special yards. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones Commissioner Gonzalez: Let me see PZ.19 -- if we can take PZ.19. What is PZ.19? It's an Administration item. PZ.19, Mr. Manager, is your item. Lourdes Slazyk (Zoning Administrator): PZ.19. This is a first reading ordinance in order to add a Class I Special Permit requirement for the application of special yards. Special yards is something that the Zoning Ordinance currently allows the Zoning Administrator to do without notice. What I've handed out is a real -life case that we got in the Office of Zoning, which kind of prompted some discussion about this. There are properties around the City that are either very strange shapes or they're strange -- you know, abnormal situations around the property. This one was one where the property was actually kind of the hole in a doughnut, and it's very difficult to try to figure out how to apply the setbacks to a property like this because it is not a normal situation. Typically, when you think of a lot, you think the front yard is the first 20 feet along the street; the rear yard in the back, and then the sides are applied to the two sides of your property. When a property is completely surrounded like this, the functional equivalent of the front, rear, and sides is different than how it might actually be applied with a standard application. So we apply special yards. I think, since I've been the Zoning Administrator, it's been done twice. It's something that really doesn't happen very often. The concern of these residents, once I actually sat with them and explained how these were applied, they didn't really have a problem with it. They just said they wished they would have been notified So all this ordinance does is add a Class I requirement before we apply special yards so that neighbors will receive notice and have an opportunity to come look at the plans. Commissioner Sarnoff. So moved. Commissioner Regalado: Second. Commissioner Gonzalez: We have a motion and we have a second. It's an ordinance. Madam City Attorney, please read the ordinance. City of Miami Page 102 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Commissioner Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The item has been passed on first reading, 3-0. Commissioner Sarnoff. Mr. Chair, would you --? Commissioner Gonzalez: All right. We're going to break for lunch because we have two items here in Commissioner Spence -Jones district; she's not here. And we have another item on Commissioner Sanchez district, and he's not here either. So let's break for lunch. We'll be back at 2: 30. Thank you. PZ.20 06-01657x1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING REQUIREMENTS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT WHEN LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO ALLOW THE CONSTRUCTION OF A NEW MULTIFAMILY RESIDENTIAL BUILDING WITH REDUCED PARKING SPACES, TO WAIVE 25 OF THE REQUIRED 61 PARKING SPACES, PROPOSED 36, FOR THE PROPERTY LOCATED AT APPROXIMATELY 401 SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 06-01657x1 Analysis.pdf 06-01657x1 Zoning Map.pdf 06-01657x1 Aerial Map.pdf 06-01657x1 Letter of Intent.pdf 06-01657x1 Application & Supporting Docs.pdf 06-01657x1 Plans.pdf 06-01657x1 ZB Reso.pdf 06-01657x1 Appeal Letter & Supporting Documents.pdf 06-01657x1 CC Legislation (Version 3).pdf 06-01657x1 CC Legislation (Version 4).pdf 06-01657x1 Exhibit A.pdf 06-01657x1 CC 06-25-09 Fact Sheet.pdf 06-01657x1-Submittal-Vicky Garcia-Toleda.pdf Motion by Chair Sanchez, 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-09-0319 City of Miami Page 103 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. For the records [sic], Roberto Lavernia. It's an appeal of a decision of the Zoning Board. There was an existing special exception that was granted by the Zoning Board for the Aquarela project that the timeframe elapsed and the applicant applied again, the same application, and it was denied by the Zoning Board. This is the appeal of that decision. Chair Sanchez: Out of curiosity, how many times have [sic] that ever happened in the City? Mr. Lavernia: Lately, it's been happening often that they didn't -- Chair Sanchez: Lately? Mr. Lavernia: -- extension of time or new application that it's the same application that has been denied by the Zoning Board. Yes, sir. Chair Sanchez: All right. I will go ahead and make a motion to extend the time -- Commissioner Sarnoff. All right. Chair Sanchez: -- based on the tough economy. Vicky Garcia -Toledo: Excuse me, but this is a new application that would have to be approved. It's no longer an extension. Chair Sanchez: I believe it is an extension with the application. Ms. Garcia -Toledo: For the record -- Mr. Lavernia: No. They had it -- the timeframe elapsed. They are -- this is a brand-new application. It is the same request. Chair Sanchez: Okay. Mr. Lavernia: It's to grant the special exception. Chair Sanchez: But it is the same request -- Mr. Lavernia: Exactly -- Chair Sanchez: -- nothing has been changed? Mr. Lavernia: -- the same, and the same -- Chair Sanchez: All right. Go ahead. Mr. Lavernia: -- project. Chair Sanchez: I'll let you put something on the record. Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with the law firm ofBilzen Sumberg, and I'm appearing before you on behalf of Aquarela, LLC (Limited Liability Company). And Commissioner, you're quite right. In 2005, the Zoning Board approved the special exception that is before you today unanimously. And by the way, just so that you know, all we did when we reapplied now was changed the dates on the same set of plans, on the same survey -- well, a new, City of Miami Page 104 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 updated survey, but the same land and the same application. 2005, it was approved by the Zoning Board. In 2006-- by the way, special exceptions are only approved for one year, in which you have to obtain a building permit. We came back in 2006 and obtained an extension of one year, which is as much of an extension as is permitted by the City Code. Because of financial situations, the project was not built. In 2009, we came back with the same subject, same application and applied. In taking it to the Zoning Board, the Zoning Board denied. And the arguments that were presented was that the chairman of the board -- and by reference, I would askfor the inclusion of the transcript -- but he said, andl quote, "You want me to base my conclusion or my inclination on something that you're holding yourself out to because of something. Because it was an ordinance that was done eight years ago and we should follow that rule?" I explained that this is in a special district based on the US (United States) Census -- andl would askfor copies of the US Census to be given to the City Clerk for the record -- the average occupy -- owner -occupied or renter -occupied apartment in this particular census tract is .8 or .7 of a car per unit. Using that census data, the CR -- this community revitalization district was identified and allowed to have up to 50 percent reduction in parking via a special exception. A special exception is a permitted use that has to be granted if all of the criteria in the special exception is met. Your Planning Department, in 205 [sic], 206 [sic], and again in 209 [sic], has said that this project meets the requirements of your Zoning Code. And that same Zoning Code is even more specific in that it tells the Zoning Board that the Zoning Board shall give full consideration to the recommendation of the director of the Department of Planning and Zoning and shall make written findings that the applicable requirements of the Zoning Ordinance have been met. All this happened, and yet, they simply denied. I can continue to read you a direct quote from the chairman of the department [sic] who explained that he's a broker; that he walks the street everyday, that he knows how people live in condominiums and apartment, but you know, I rather not. Chair Sanchez: Mr. Chairman. Ms. Garcia -Toledo: I would ask you to reconsider this denial, please. Commissioner Sarnoff. Commissioner Sanchez. Chair Sanchez: Mr. Chairman, I would move to approve the appeal based on these are tough times. It's often difficult for affordable housing development to get the financing, the permit. This has no opposition from any resident. As a matter of fact, based on the time expiring, it's something that we should support because I still believe this affordable housing project could be done. And you know, I'm surprised because, in the past, this was done commonly. Now it's gotten to a point now where every time that it goes in front of a -- PAB (Planning Advisory Board) [sic], they're not extending it. Ms. Garcia -Toledo: Zoning Board. Chair Sanchez: Zoning Board, I'm sorry. So, basically Senate Bill 360 automatically now is granting the extensions, so I don't see any problem, and therefore, would move to approve the appeal. Commissioner Gonzalez: Second. Commissioner Sarnoff. All right. We have a motion and we have a second. Any further comment? I'm just going to say one thing. I have not read nor have I thought -- so I don't want it to be considered a part of the record that I reviewed anything said at the Zoning Board hearing. Andl really don't like when counsel says "I'd like to move to include this as part of the record" I don't base my decisions predicated upon when a lawyer comes in and says, "Here's a bunch of documents. I want this part of the record" 'cause I haven't reviewed them, nor do you expect -- and if you expect me to review them, please send them to my office four days in advance City of Miami Page 105 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 of your hearing, and I'll review everything. But to turn around and say, "Here's a record. I want this part of the record so in the event lose on appeal, I can say the Commission considered this." This Commissioner did not. So we have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. Any opposed? Chair Sanchez: All right. Commissioner Sarnoff. Okay. Chair Sanchez: Commissioner -- Priscilla A. Thompson (City Clerk): I'm sorry. Was there an --? Did you oppose? I'm sorry. Commissioner Sarnoff. I didn't oppose it. I just said that I -- Ms. Thompson: Thank you, 4 -- Commissioner Sarnoff. -- don't want it considered part of the record that I've reviewed. Ms. Thompson: So that's 4-0. Thank you. Chair Sanchez: All right. Ms. Garcia -Toledo: Thank you. END OF PLANNING AND ZONING ITEMS 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 END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ City of Miami Page 106 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 D3.1 09-00692 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING SEPTEMBER, 2009, AS "NICARAGUAN-AMERICAN HERITAGE MONTH" IN THE CITY OF MIAMI. 09-00692 Legislation.pdf Motion by Chair Sanchez, 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-09-0318 Chair Sanchez: Couldl be recognized for my discussion item, which I believe is the last item? Commissioner Sarnoff. Yeah. Go ahead. Chair Sanchez: All right. Thank you, Mr. Chairman. Do we have the gentleman here? Is he here? Is David Gusman (phonetic) here? This is a resolution based on the diversity of our city, which really is what makes Miami such a magical city, the diversity that represents our entire city. I want to make sure that it's important to recognize what the Nicaraguan -American community has done for -- David, could you --? Well, you can't speak on this item, but I know you're here on this item. I just, once again, want to emphasize the importance that the Nicaraguan community has played in Miami being such a diversified community. You know, the Nicaraguan American constitute the second largest Hispanic community in South Florida, and it's one of the largest Hispanics [sic] community in Miami. And we all know that the rapid growth of population started in September of 1971, following the earthquake ofManagua, Nicaragua. And based on that, a large group of Nicaraguan immigrants arrived here in the States in 1979, after also escaping Communist regime in Nicaragua. They played a very important role in not only making sure that the increase in trade between Florida and Nicaragua has increased in the last years, but also the great significance that they have played through our cultural diversity in the richness of our city. I think it is important to recognize the great effort that they have put and made to this city, making Miami truly a world -recognized diversified city. So we wanted to take this resolution that I'm presenting today, and hopefully, we could get the complete support of the Commission to recognize that September 209 [sic] will be recognized as the Nicaraguan American Heritage Month in the City ofMiami, and the people of this city are called upon to observe the month by participating in programs, ceremonies and activities celebrating the historical and cultural contribution of Nicaraguan Americans that have played to Miami and the United States. So at this time, I would make a motion to approve this resolution in the City ofMiami. Commissioner Gonzalez: Second. Commissioner Sarnoff. All right. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. All opposed? None. Chair Sanchez: And also, it will be presented, I believe, in the next Commission meeting, when we have representation from the Ruben Dario Foundation, which David is here. David, thank you so much, once again, for what you do for our community and what the -- our Nicaraguan brothers and sisters have done for our community. Thank you. City ofMiami Page 107 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Unidentified Speaker: Thank you, Chairman. END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 09-00713 DISCUSSION ITEM DISCUSSION ABOUT A PROPOSED MARKETPLACE ON LEJEUNE ROAD. 09-00713 Email.pdf DISCUSSED Commissioner Gonzalez: I notice some public that recently come into the Commission chamber. Can anybody --? I don't know if it is one group, and if it is one group, could you tell me what item are you here for? Commissioner Regalado: Commissioner, I think that some of these residents are maybe here regarding the marketplace, you know, that it was moved -- that is a discussion item in the afternoon, but this is after the Planning and Zoning. Commissioner Gonzalez: Right. Commissioner Regalado: So I don't know what you want to do. You tell us. Commissioner Gonzalez: Well, you know, we don't want to keep them here until maybe 3 or 4 o'clock in the afternoon. So if you want, let's -- okay. Let me see. PZ.14 and 15 -- I'm going to calla recess at 1 o'clock. PZ.14 is a first reading. Commissioner Regalado: Commissioner, you -- do you want to do this item? It's a discussion item. Commissioner Gonzalez: It's a discussion item, right. Commissioner Regalado: We probably -- Commissioner Gonzalez: We're not going to take any action on it because it's a discussion item. Commissioner Regalado: Well, it's -- it was -- on the briefing yesterday it was recommended a brief resolution for the extension of a special permit or something while they go through the process, and with some conditions. Commissioner Gonzalez: Yeah. But the problem -- Commissioner Regalado: But -- Commissioner Gonzalez: -- is that, you know, we had never done that and we have always -- discussion items have always been -- Commissioner Regalado: Right. Commissioner Gonzalez: -- treated as discussion items, and then, if we want them to become a resolution or an ordinance, we'll bring it back on the regular agenda as a resolution. City of Miami Page 108 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Commissioner Regalado: It could only be a discussion item and then bring it back in the regular agenda on the next meeting. Commissioner Gonzalez: I can tell you one thing right now, you know. I sympathize with the people that work at the flea market, andl know their needs andl know their problems, but I'm also hearing a lot of concerns from the neighbors, and I'm also hearing that there are neighbors that are condominium association presidents that are collecting signatures against this item. So, you know, if you want to discuss it, but -- Commissioner Regalado: Discussion. Commissioner Gonzalez: -- I'm not intending to vote, you know. Commissioner Regalado: No, no. Discussion item only, no action. Commissioner Gonzalez: All right. Okay, let's bring it so they can participate and -- you know, also, there will be no input from them because this will be a discussion item among the Commissioners. So you're recognized on the item. Commissioner Regalado: Thank you. And -- Commissioner Gonzalez: I'm sorry. Commissioner Regalado: -- this is just to get an update. And the reason I placed it is because of the old flea market was in District 4. Now the new marketplace could be on District 1, and this is why, out of respect of the area Commissioner, I will not propose any action, but just to make sure that people understand what is going on. Maybe Orlando Toledo -- Maria J. Chiaro (Deputy City Attorney): Commissioner, before you -- excuse me. We're discussing D4.1. I just noticed that we didn't announce the item we're discussing. I'm sorry to interrupt you. Commissioner Regalado: Oh, okay. Ms. Chiaro: It's D4.1, so that the public knows -- Commissioner Regalado: D4.1. Commissioner Gonzalez: D4.1. Ms. Chiaro: -- and -- Commissioner Regalado: D4.1. Well, just a discussion item, and maybe Orlando Toledo can update us on what is going on and what is the process, and then I'll defer to the area Commissioner for any more comments. My idea of placing this on the agenda is just to understand what is going on because I didn't know. That's all. Orlando Toledo: Orlando Toledo, senior director of Building Planning & Zoning. Presently, they're at their last weekend, which is this weekend coming up. There have been -- they have already submitted for their special exception, which will be going in July, and then it needs 30 days, so it will be coming back in September if it does get appealed. If the Zoning Board approves it, then that would be the end of it, and that's where it stands. Commissioner Regalado: So they understand, it's going through the process that -- for a special City of Miami Page 109 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 exception -- Mr. Toledo: To be a permanent -- Commissioner Regalado: -- to be a permanent marketplace. And then there will be a public hearing on the Zoning Board. Mr. Toledo: Yes, sir. Commissioner Regalado: Now they have an administration permit to go -- to keep doing while they are going through the process; that's right? Mr. Toledo: Yes. In addition, also, they're asking for a waiver of parking. They have secured -- and Teresita will correct me if I'm wrong -- a lease for three years so that they could park all their cars in the Ocean Bank. Unidentified Speaker: IfI may. We've made modifications to the special exception -- Commissioner Regalado: Wait, wait. Because the chairperson needs to allow whatever you want -- Commissioner Gonzalez: Yeah. This is a discussion item among the Commissioners. This is not a public hearing. It's an item that was brought up by Commissioner Regalado just to discuss among the Commissioners and the City Administration. Let me tell you, Orlando. When I first was contacted in reference to this site, I think that my office told you and told everyone that want you, the Administration, to follow the same rules and the same procedures and the same things that you have done with anybody else and with any other property in the City ofMiami, okay? And let me tell you -- andl'm going to be quite frank, okay? I'm going to be quite frank andl'm going to speak publicly, okay, about it. This property belongs to Century. The owner of Century is Sergio Pino. I don't want any interpretation or any misunderstanding that we are doing anything special because this property belongs to Sergio Pino, who is a very influential person in this community and very well political [sic] connected, okay. At least I'm not going to be a part of that. I don't want anything to do with that, and that's what I told you, that want this item to follow the same procedures that anybody else will have to follow in the City of Miami. Mr. Toledo: And, Commissioner, you're absolutely right, and it is following every single procedure that everybody goes through. Commissioner Gonzalez: So -- but what are we doing now? You know, we're not even taking into consideration the concerns of the people -- of the property owners. I don't know if you're aware that you have about four or five condominium buildings right behind this lot, okay, people that have been living there for years and years and years. And these people are mobilizing now and they're collecting signatures, andl'm hearing the rumors that they're going to come here en masse, okay, to protest this -- whatever it is that's going to happen over there. Mr. Toledo: From what understand -- andl have heard the rumors, but at least we haven't received any calls yet -- at all, andl have Mariano de Mola here from Code Enforcement so that he could say so. As I understand, there has been no calls to the Administration to let us know that, even though I have heard the rumblings, yes. Commissioner Gonzalez: So, you know, I have a serious concern. I want this to follow the right procedure. You know, if they have to go to -- before the Zoning Board on the 3rd, let them go to the Zoning Board on the 3rd, and let the Zoning Board make their own decision based on the public hearing and make on -- you know, and based on the testimony that they will hear. If if is City ofMiami Page 110 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 appealed, then they will have to come to the City Commission, but then there will be an open public hearing when both sides will have an opportunity to address the Commission, and then we'll have the opportunity to evaluate both sides and make an intelligent decision. Mr. Toledo: Okay. Commissioner Regalado: That's fair. Commissioner Gonzalez: That is my position on the item. Commissioner Regalado: And -- Unidentified Speaker: May I -- Commissioner Regalado: -- ifI may. On the public hearing -- so people know, on the Zoning Board, there is a public hearing -- Commissioner Gonzalez: Right. Commissioner Regalado: -- so people -- anybody can speak their mind, so -- and the public hearing will be -- Teresita. Teresita Fernandez (Executive Secretary): This is what our -- My name is Teresita Fernandez, from Hearing Boards. The meeting will be the 13th, not -- Commissioner Gonzalez: The 13th. Ms. Fernandez: Yes. Commissioner Gonzalez: Okay. Commissioner Regalado: July 13. Ms. Fernandez: July 13 -- Commissioner Gonzalez: July 13. Ms. Fernandez: -- at 7 p.m. Commissioner Regalado: Okay. That's it. That's -- Commissioner Gonzalez: All right. Commissioner Regalado: -- the end. Commissioner Gonzalez: All right, sir. Thank you very much. Pedro G. Hernandez (City Manager): Mr. Chairman. Commissioner Gonzalez: Yes, sir. Mr. Hernandez: Mr. Chairman, if you allow me to -- just to clear the record. I was just advised by Code Enforcement that we have received at least 26 complaints through Code Enforcement. And also, I wanted to put on the record that there was construction work going on without a permit. They were cited, and that work was stopped, and there is also another pending case for City of Miami Page 111 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 trees that were cut down without a permit. So all of that activity -- Commissioner Gonzalez: Listen -- Mr. Hernandez: -- is going on. Commissioner Gonzalez: -- when I tell you that I hear rumors about problems, it's because I've heard the rumors about the problems, you know. It's nothing that I invented. It's nothing -- it's because I have been listening to rumors. I go to have Cuban coffee a block away from that place, andl hear the people talking in the restaurant about the problem, so I know there is a problem. So, you know, let it go through the process. Let them go before the Hearing -- both sides. Let them present their cases, and let the Zoning Board make a decision. And then if they have to come to the Commission, we'll hear the case, but we hear a complete case. Ms. Fernandez: Mr. -- Commissioners, ifI may. When they apply, the only violation that was open was a tree violation, and we are not planning to schedule it until the applicant complies. Commissioner Gonzalez: All right. Thank you very much. It's the end of the discussion, unless - - Commissioner Sarnoff, any comments? Commissioner Sarnoff. No. I'd listen to the area Commissioner. I -- Commissioner Gonzalez: Commissioner Regalado, anything else you want to add, sir? Commissioner Regalado: No. Mr. Hernandez: And Mr. Chairman -- Commissioner Gonzalez: All right. Mr. Hernandez: -- if you allow me again, for the record. It is -- the Zoning Board will hear the item on the 13th of July, and then if anybody appeals that decision, there is a 30-day appeal period that follows that meeting to allow for anybody to appeal to the City Commission. Commissioner Gonzalez: Very well. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 112 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 NON -AGENDA ITEMS NA.1 09-00751 DISCUSSION ITEM DISCUSSION REGARDING THE UNTIMELY DEATH OF RAFAEL CABEZAS. DISCUSSED 09-00751a RESOLUTION OF CONDOLENCE A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF RAFAEL CABEZAS UPON HIS UNTIMELY DEATH. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0320 Chair Sanchez: Before we move on with the agenda, I do want to take a point of privilege as the Chair to have a moment of silence for a dear friend that was well known in our community who passed away. Rafael Cabeza was not only a member of the Brigade 2506, but he was also an activist in Allapattah. His family is surely going to miss him. I know that a lot of us who ever had an opportunity to meet Rafael Cabeza were touched by someone who was really not only devoted to our community, but someone who really extended his hand to help all those that he could; and he certainly played an important role in our community in what he did. And know that Commissioner Gonzalez was a dear friend of Rafael Cabeza. And as we do a moment of silence -- before we do that, I'd like to pass the mike to you so you, yourself, could pass on condolence to his family on behalf of this Commission. Commissioner Gonzalez: Thank you, Joe. In fact, Rafael worked very hard in the Allapattah community and not only in the Allapattah community, but in the entire City ofMiami and Dade County. He was an activist. He was a great human being. He was always open to help anyone that will come to him for any kind of assistance. He was a great father, a great husband, a great friend, a great man. He was a patriot. Being very young, about 19 years old, he went to fight the Castro regime. He serve time in prison, he was the president of the Brigade 2506 in two or three occasions, and he was a well -recognized leader in our community. I would like to propose that we pass a condolence resolution and that it be signed by all the City Commissioners and the Mayor so we can present it to his family. Thank you very much. Chair Sanchez: All right. At this time please bow our heads as we have a moment of silence for the dear loss of a dear friend to this community, Rafael Cabeza. Thank you. Priscilla A. Thompson (City Clerk): Chair, if my -- ifI may ask for clarification. Commissioner Gonzalez did ask that you pass a resolution, so that means that you do need to have a motion, a seconder, and a vote, please. Chair Sanchez: I think everyone makes a motion, everyone seconds that motion -- Commissioner Gonzalez: I'll move it. Ms. Thompson: Okay, thank you. City ofMiami Page 113 Printed on 7/13/2009 City Commission Meeting Minutes June 25, 2009 Motion to Adjourn Chair Sanchez: -- to direct the City Clerk to prepare a resolution of condolence to be presented to his family. Ms. Thompson: Thank you. Chair Sanchez: Thank you. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to adjourn the June 25, 2009 Miami City Commission meeting. Chair Sanchez: Are there any pocket items? If not, a motion to adjourn is always -- Commissioner Sarnoff. So move. Chair Sanchez: -- accepted. There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- to adjourn. The motion is -- Commissioner Gonzalez: Second. Chair Sanchez: -- to adjourn has been second; made by Commissioner Sarnoff, second by Commissioner Gonzalez. That concludes our Commission meeting. Thank you so much. Have a wonderful weekend and thank you so much. City of Miami Page 114 Printed on 7/13/2009