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HomeMy WebLinkAboutCC 2009-10-22 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, October 22, 2009 9:00 AM PLANNING & ZONING City Hall Commission Chambers Commissi Manuel A. Diaz ayor Joe Sanch , Chair Michelle Spenc ones, Vice -Chair Angel Gonzalez, ' . mmissioner District One Marc David Sar , Commissioner District Two Tomas Reg.. do, Commissioner District Four Pe. . G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk The City Officials at the time of this meeting were City Commission Manuel A. Diaz, Mayor Joe Sanchez, chair Michelle Spence -Jones, Vice -chair Angel Gonzalez, Commissioner District One Marc David 5arnoll, Commissioner District Two Tomas Regalado, commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk This stamp is placed on July 25, 2012 City Commission Meeting Minutes October 22, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS ES - EXECUTIVE SESSION 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 11/17/2009 City Commission Meeting Minutes October 22, 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 22nd day of October 2009, the City Commission of the City of Miami, 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 Acting Chairman Angel Gonzalez at 9: 21 a.m., recessed at 1: 25 p. m., reconvened at 3: 25 p. m., and adjourned at 9:18 p.m. Note for the Record. Commissioner Spence -Jones entered the meeting at 9:23 a.m. Commissioner Sarnoff entered the meeting at 9:40 a.m. Chair Sanchez entered the meeting at 10:43 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Commissioner Gonzalez: Let's do the invocation for the -- the pledge of allegiance first and then the invocation. And then we're going to start with the protocol items. Please rise for the pledge of allegiance. Pledge of allegiance and invocation delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-01155 PRESENTATION Honoree Presenter Protocol Item Rodney Barreto Mayor Diaz Salute Lights On Proclamation Afterschool Day The Children's Trust Salute Community Salute Learning Centers Latino Art Beat Recognition Winners Katherine Ordenz Salute Northwestern Commissioner High Spence -Jones School Bulls Band Members Commendation Benny Bolden,Jr Salute Band Director 09-01155 Protocol.pdf PRESENTED 1. Mayor Diaz presented a Salute to Benny L. Bolden, Jr., as director of the award -winning Miami Northwestern High School Bulls Bands and Orchestral Ensembles, for his outstanding service and leadership in producing outstanding championship band programs to create a competitive edge for youths. 2. Commissioner Spence -Jones presented a Commendation to the Miami Northwestern High School Bulls Band Champions in recognition of their commitment to music excellence and team spirit that has resulted in exceptional achievements. 3. Mayor Diaz presented a Salute to the Children's Trust honoring its mission, as a City of Miami Page 3 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 MAYORAL VETOES voter -approved and financed dedicated funding source, to support programs that offer the highest possible quality services for improving the lives of our children and families. 4. Mayor Diaz proclaimed Thursday, October 22, 2009 as "Lights On Afterschool!"Day in the City of Miami, Florida, in support of innovative programs and activities that ensure that lights stay on and doors stay open for all children to guarantee the safety and productivity of children when the school day ends. S. Mayor Diaz presented a Salute to Rodney Barretto in honor of his steadfast commitment to South Florida and his resolute concern with giving of himself to make Miami a destination of choice for the global community. Commissioner Gonzalez: We have -- I'm going to recognize the Mayor. Mayor Diaz has some presentations to do. Good morning, Mr. Mayor. Mayor Manuel A. Diaz: Thank you, Mr. Chairman, and good morning to all of you. Presentations made. NO MAYORAL VETOES Commissioner Gonzalez: All right. Before we go into the consent agenda, as of today, this office has not received any mayoral vetoes for legislative items acted upon at previous Commission meeting. Is that correct? Priscilla A. Thompson (City Clerk): That's correct. Commissioner Gonzalez: Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Commissioner Gonzalez: We need to approve the minutes of the following meetings: the Planning and Zoning meeting of September 24, 2009 and also the second budget hearing of September 24, 2009. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: We have a motion. Is there a second? Commissioner Sarnoff.. Second Commissioner Gonzalez: We have a motion and we have a second All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. END OF APPROVING MINUTES ORDER OF THE DAY City of Miami Page 4 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Also, I've been asked by the Chair to defer to -- or to table to later on SR.1, SR.2, PH.2, PH.3, and PH 4. The Chairman wants to be here when those items are heard CONSENT AGENDA CA.1 09-01095 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 3, 2009, PURSUANT TO INVITATION FOR BID NO. 144134, FROM PAT'S PUMP AND BLOWER, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF VACTOR TRUCK PARTS FOR THE PUBLIC WORKS DEPARTMENT, ON AN 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. 09-01095 Legislation.pdf 09-01095 Summary Form.pdf 09-01095 Award Recommendation -Approval Form.pdf 09-01095 Tabulation Bid.pdf 09-01095 Pat's Pump & Blower, L.L.C..pdf 09-01095 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0484 CA.2 09-01096 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED SEPTEMBER 10, 2009, PURSUANT TO INVITATION FOR BID NO. 163131, FROM GRM INFORMATION MANAGEMENT SERVICES, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PURCHASE OF COMMERCIAL RECORDS MANAGEMENT SERVICES, ON A CITYWIDE, AS- NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01096 Legislation.pdf 09-01096 Summary Form.pdf 09-01096 Award Recommendation -Approval Form.pdf 09-01096 Tabulation.pdf 09-01096 Invitation for Bid.pdf City of Miami Page 5 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0485 CA.3 09-01098 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED JULY 14, 2009, PURSUANT TO INVITATION FOR BIDS NO. 152131, FROM TROPEX CONSTRUCTION SERVICES, INC. (PRIMARY) AND PAUL DAVIS RESTORATION OF GREATER MIAMI (SECONDARY), FOR SECURING/BOARDING UP OF VACANT PROPERTIES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) 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. 09-01098 Legislation.pdf 09-01098 Summary Form.pdf 09-01098 Award Recommendation.pdf 09-01098 Tabulation of Bids.pdf 09-01098 Invitation for Bids.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0486 Commissioner Gonzalez: Mariano, you're recognized. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am chairman of the Allapattah Business Development Authority and also the vice president of Allapattah Homeowners Association, but I come here as a taxpayer too. Even you don't say -- I pay taxes indirectly. I own property in Allapattah, so I pay taxes. Not in my homestead, okay, but in other properties. Listen, in CA.3, they talking about boarding up property. What kind of boarding up? Because they have put plywood there and the people break the plywood You have to put concrete blocks or steel bars in some of those property. I'm going to mention one specifically, 3435 Northwest 9th Court. That's become a den for, you know, the people that smoke crack, evevything there, and that's a detriment to the neighborhood. That's the case that the neighborhood enhancement there, that solution of the problem. One house there is in detriment of all the other houses in the neighborhood Thirty-four thirty-four Ninth Court, the police are being called there. They're using that -- they got to put concrete blocks there, not just board up. They say board up. What are they going to use, plywood? Half -inch plywood, one -inch plywood? No. They got to put concrete blocks or bars there or erase the property completely because that is an unsafe structure, what has been taking forever and ever and ever. People there, they don't want to complain, but they call me and they complain to me. I am the voice of the neighborhood because I know how to complain. I live in the neighborhood for 40-some years, and I won't move from Allapattah. I can live in Pembroke Pines, Pinecrest, any place because I got the wherewithal to do it, but I choose to stay in Allapattah even if some of the people here don't like it. But I've been there forever and ever and ever. They will have to take me there in a box out of there. Thank City of Miami Page 6 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 you. Commissioner Gonzalez: Thank you. Commissioner Sarnoff. We couldn't give you to Pinecrest? Mr. Cruz: Hmm? Commissioner Sarnoff. We couldn't give you to Pinecrest? Mr. Cruz: Remember Voltaire. I may disagree what you say, but I defend to the death your right to say so, Voltaire. Commissioner Gonzalez: All right. CA.4 09-01099 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation FOR FISCAL YEAR 2009-2010 ENTITLED: "CHILD DAY CARE FOOD PROGRAM" AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT OF $61,743, CONSISTING OF ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS CHILD CARE FOOD PROGRAM ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE OPERATION OF A YEAR-ROUND FOOD SERVICE PROGRAM FOR PRESCHOOL -AGED CHILDREN IN CITY OF MIAMI PARKS, WITH CONDITIONS AS STATED HEREIN. 09-01099 Legislation.pdf 09-01099 Exhibit 1.pdf 09-01099 Exhibit 2.pdf 09-01099 Exhibit 3.pdf 09-01099 Exhibit 4.pdf 09-01099 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0487 CA.5 09-01100 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "NIJ FY 09 COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANT PROGRAM" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE/OFFICE OF JUSTICE PROGRAMS, NATIONAL INSTITUTE OF JUSTICE, IN THE AMOUNT OF $123,695, FOR THE DEPARTMENT OF POLICE; City of Miami Page 7 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 09-01100 Legislation.pdf 09-01100 Exhibit 1.pdf 09-01100 Exhibit 2.pdf 09-01100 Summary Form.pdf 09-01100 Letter 1.pdf 09-01100 Letter 2.pdf 09-01100 Memo.pdf 09-01100 Proposal Abstract.pdf 09-01100 Statement of the Problem.pdf 09-01100 Data Collection Plan 1.pdf 09-01100 Part 1 Violent Crimes.pdf 09-01100 Budget Narrative.pdf 09-01100 Budget Detail Worksheet.pdf 09-01100 Data Collection Plan 2.pdf 09-01100-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0488 CA.6 09-01101 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "SOUTH FLORIDA HIGH INTENSITY DRUG TRAFFICKING AREA ("HIDTA") VIOLENT CRIMES AND DRUG TRAFFICKING ORGANIZATION" INITIATIVE AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARD, IN THE AMOUNT OF $30,000, FROM SOUTH FLORIDA HIDTA; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE AWARD LETTER, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01101 Legislation.pdf 09-01101 Exhibit .pdf 09-01101 Summary Form.pdf 09-01101Violent Crime -Drug Trafficking .pdf 09-01101-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0489 CA.7 09-01102 RESOLUTION City of Miami Page 8 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Department of Police CA.8 09-01128 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE STATE ATTORNEY'S OFFICE AND OTHER LAW ENFORCEMENT PARTICIPATING AGENCIES, TO CONTINUE TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES, TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 09-01102 Legislation.pdf 09-01102 Exhibit.pdf 09-01102 Summary Form.pdf 09-01102 Text File Report.pdf 09-01102-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0490 RESOLUTION District 2- Commissioner Marc David Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE FLORIDA LEGISLATURE TO SUPPORT A MIAMI TO ORLANDO BULLET TRAIN AND TO ADOPT MEASURES TO SAVE TRI-RAIL FROM DEFAULT INCLUDING THE ENACTMENT OF A TWO DOLLAR ($2) PER DAY CAR RENTAL SURCHARGE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS STATED HEREIN. 09-01128 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0491 Commissioner Gonzalez: Okay. Commissioner Sarnoff, CA.8. Commissioner Sarnoff. Thank you, Mr. Chair. As you know, Florida is up for what most of us describe as a high-speed bullet train and this money comes from the federal government. And I cannot think of a more imperative or better thing that tax dollars can be spent which, to me, is just set the table for our dinner but not serve the food. And what oftentimes happens down in the South Florida region and, more especially, Miami -Dade County, there are so many layers of government and none of us seem to speak with a very clear and identifiable voice. What's happening is approximately $500 million is being offered for a Tri-rail high-speed bullet train. The question becomes whether we will get the money -- and just think about this, our population center and our density -- or whether Tampa to Orlando will get the money. And having lived in Tampa, I can tell you the population there is significantly less than the density and the urban City of Miami Page 9 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 areas in the population than of Miami. As you all know, Orlando seems to be the favorite child in Tallahassee. And regardless of whether it's deserved, undeserved, Orlando seems to always -- or as I like to put it, Mickey always seems to get the best and we're always left with the crumbs. What I'm asking us to do is to support a resolution asking that we save Tri-rail from any default, including the enactment of a $2 a day car rental surcharge so that we demonstrate to the federal government that we actually have the infrastructure in place to allow the bullet train to come down here and take everyone from that bullet train to various parts with mass transit. That's something that Tampa cannot and Orlando cannot do where we can demonstrate for the first time that we are committed to making Tri-rail a supplier of significant dollars so that it will remain a viable source of transportation here in the South Florida area. When Barack Obama won, one of the first things I did, believe it or not, was write a letter to him asking that $1.5 billion be spent on a bullet train throughout the state of Florida. I'm merely asking that we put our money and put our efforts behind the Tri-rail simply to demonstrate to the federal government that we are serious about our mass transit, and in doing so, allow them to invest in a bullet train down here in Florida. That's my motion, sir. Commissioner Gonzalez: All right. CA.9 09-01137 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2009 GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T.) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, AND IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, IN THE AMOUNT OF $8,178, FOR THE REQUIRED MATCH, FOR A TOTAL AMOUNT OF $79,101; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 09-01137 Legislation.pdf 09-01137 Exhibit 1.pdf 09-01137 Exhibit 2.pdf 09-01137 Summary Form.pdf 09-01137 Letter 1.pdf 09-01137 Letter 2.pdf 09-01137 Letter 3.pdf 09-01137 Memo.pdf 09-01137 Budgetary Impact Analysis.pdf 09-01137 G.R.E.A.T. 09 Budget Narrative 1.pdf 09-01137 E-Mail.pdf 09-01137 Grant Application Package.pdf 09-01137 Non -Construction Programs.pdf 09-01137 Budget Narrative Files.pdf 09-01137 Disclosure Lobbying Activities.pdf 09-01137 Project Narrative Files.pdf 09-01137 Survey on Ensuring .pdf 09-01137 Statement of Problem.pdf 09-01137 G.R.E.A.T. 09 Budget Narrative 2.pdf 09-01137 Budget Detail Worksheet.pdf 09-01137 Appendix B.pdf 09-01137-Summary Fact Sheet.pdf City of Miami Page 10 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0492 CA.10 09-01139 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " COPS TECHNOLOGY PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, IN THE AMOUNT OF $400,000, TO PROVIDE FUNDING FOR A DIGITAL PHOTO LAB WITHIN THE CRIMINAL INVESTIGATIONS DIVISION OF THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01139 Legislation.pdf 09-01139 Exhibit 1.pdf 09-01139 Exhibit 2.pdf 09-01139 Summary Form.pdf 09-01139 Letter.pdf 09-01139 Accepting Grant Award.pdf 09-01139 Memo.pdf 09-01139 Grant Application Package. pdf 09-01139 Cops Application Attachment .pdf 09-01139 General Agency Inf..pdf 09-01139 Section 4 Law Enforcement.pdf 09-01139 Section 5 Continuation of Project.pdf 09-01139 Budget Detail Worksheets 1 .pdf 09-01139 E-Mail 1.pdf 09-01139 Pete Borges US Department.pdf 09-01139 E-Mail 2.pdf 09-01139 Technology Project.pdf 09-01139 Budget Detail Worksheets 2.pdf 09-01139 Budget Summary.pdf 09-01139-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0493 CA.11 09-01140 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: " FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT City of Miami Page 11 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 CA.12 09-01152 Office of the City Attorney AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $622,722, TO PROVIDE FUNDING TO IMPLEMENT AND EXPAND TWO (2) PROJECTS TO INCLUDE, TECHNOLOGY ACQUISITION AND EQUIPMENT IMPROVEMENT, AND THE ADDITION OF CANINES (K-9S); AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01140 Legislation.pdf 09-01140 Exhibit 1.pdf 09-01140 Exhibit 2.pdf 09-01140 Summary Form.pdf 09-01140 Letter 1.pdf 09-01140 Letter 2.pdf 09-01140 Memo.pdf 09-01140 Submit Application.pdf 09-01140 Application for Federal Assistance.pdf 09-01140 Program Narrative -Attachment 1.pdf 09-01140 Attachment 2.pdf 09-01140 Budget Narrative.pdf 09-01140-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0494 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO EMPLOY OR RETAIN ITS OWN COUNSEL FOR LEGAL SERVICES OR IN THE ALTERNATIVE, COMPENSATE THE CITY ATTORNEY FOR LEGAL SERVICES RENDERED BY THE CITY ATTORNEY; ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "OFFICE OF THE CITY ATTORNEY LEGAL SERVICES FEES COLLECTED FROM OUTSIDE AGENCIES," FOR THE APPROPRIATION OF SAID FUNDS COLLECTED. 09-01152 Legislation.pdf 09-01152 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Note for the Record. Items CA.12 and CA.13 were deferred to the City Commission meeting currently scheduled for December 17, 2009. Commissioner Gonzalez: I need a motion on the deferment of CA.12 and 13 and I also need a date. Commissioner Spence -Jones, we need a date on the deferment of CA.12 and 13. For the next Commission meeting? City of Miami Page 12 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: You got to ask -- Julie O. Bru (City Attorney): I think I'd rather wait 'til December, the meeting of December so that we have the new Commission in place and -- Commissioner Gonzalez: Okay. I need a motion to defer CA.12 and 13 until the meeting of December. Priscilla A. Thompson (City Clerk): That'll be December 17. Commissioner Gonzalez: December 17. Vice Chair Spence -Jones: So moved. Commissioner Regalado: Second Commissioner Gonzalez: We have a motion and we have a second All in favor, say "aye. " The Commission (Collectively): Aye. CA.13 09-01154 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO REQUEST THE SOUTHEAST OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCIES TO EMPLOY OR RETAIN ITS OWN GENERAL COUNSEL FOR LEGAL SERVICES OR IN THE ALTERNATIVE, COMPENSATE THE CITY ATTORNEY FOR LEGAL SERVICES RENDERED BY THE CITY ATTORNEY AS GENERAL COUNSEL; ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "OFFICE OF THE CITY ATTORNEY LEGAL SERVICES FEES COLLECTED FROM OUTSIDE AGENCIES," FOR THE APPROPRIATION OF SAID FUNDS COLLECTED. 09-01154 Legislation.pdf 09-01154 Exhibit 1.pdf 09-01154 Exhibit 2.pdf 09-01154 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Note for the Record. Items CA.12 and CA.13 were deferred to the City Commission meeting currently scheduled for December 17, 2009. Note for the Record. For minutes related to Item CA.13, see Item CA.12. CA.14 09-01164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND MEMBERS OF THE FLORIDA LEGISLATURE TO CODESIGNATE SOUTHWEST 8TH STREET FROM SOUTHWEST 10TH AVENUE TO SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, AS "BRIGADA 2506 STREET, CARLOS RODRIGUEZ SANTANA"; FURTHER DIRECTING City of Miami Page 13 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-01164 Legislation.pdf 09-01164 Biography.pdf SPONSORS:HONORABLE MAYOR DIAZ CHAIRMAN SANCHEZ This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0495 Commissioner Gonzalez: Okay. I'm going to get an item out of the order of the consent agenda so the Mayor can do a presentation, and it is codesignating the Brigade 2506 Street, Carlos Rodriguez Santana. Mr. Mayor. Mayor Manuel A. Diaz: I'd like to introduce Mr. De Varona, who will actually make a few statements. Colonel Jose Raul De Varona: Mr. Mayor, Chairman Joe Sanchez and member of the Commission, we have asked the Mayor to recognize our first martyr, the 2506 Senor -- Mr. Carlos Rodriguez, called (UNINTELLIGIBLE), which was our first hero that we have when we began training the 2506 Brigade in Guatemala for the invasion to Cuba. For a long time I've been thinking about this honor and he deserve and this community should recognize him for his action in pro of the liberation of Cuba. So we want to thank you on behalf of the Brigade, on behalf of the family members, Carlos Rodriguez Santana and his personal friends. Thank you. Applause. Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez END OF CONSENT AGENDA Commissioner Gonzalez: All right. We need a motion to approve the consent agenda. First of all, are there any items on the consent agenda that needs to be pulled by any of the Commissioners or by the City Manager? Commissioner Sarnoff Mr. Chair -- Mariano Cruz: Public -- Commissioner Sarnoff Oh, sorry. Mr. Cruz: By the public. Commissioner Gonzalez: Pardon me? Mr. Cruz: I have -- no. I want to talk in an item in the consent agenda. City of Miami Page 14 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Okay. Let's wait until -- Mr. Cruz: And I'm entitled to. Commissioner Gonzalez: -- we get the -- Mr. Cruz: Okay. Commissioner Gonzalez: -- deferment from the -- Mr. Cruz: Sure. Okay. Commissioner Gonzalez: -- Commissioners. Commissioner Sarnoff.. Mr. Chair, I'd like to pull CA.8, just for discussion. Commissioner Gonzalez: CA.8. Commissioner Sarnoff.. Yes, sir. Commissioner Gonzalez: Any other items? Vice Chair Spence -Jones: I think CA.13 we're also deferring. Commissioner Gonzalez: Defer or you want to bring it for discussion? Vice Chair Spence -Jones: We're deferring it. Commissioner Gonzalez: Okay. Pedro G. Hernandez (City Manager): Madam Chair -- Commissioner Gonzalez: Mr. -- Mr. Hernandez: -- out of consent, we would like -- the City Attorney and I would like to defer CA.12and 13. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: All right. [Later..] Commissioner Gonzalez: We did a -- Any further discussion on the consent agenda? No discussion. I need a motion to approve the consent agenda. Commissioner Sarnoff.. So move. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: All right. All in favor, say "aye. " The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. City of Miami Page 15 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 PH.1 09-01103 RESOLUTION Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MIAMI SENIOR HIGH SCHOOL", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 09-01103 Legislation.pdf 09-01103 Exhibit 1.pdf 09-01103 Exhibit 2.pdf 09-01103 Exhibit 3.pdf 09-01103 Exhibit 4.pdf 09-01103 Exhibit 5.pdf 09-01103 Summary Form.pdf 09-01103 Memo 1.pdf 09-01103 Notice of Public Hearing 1.pdf 09-01103 Memo 2.pdf 09-01103 Notice of Public Hearing 2.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0496 Commissioner Gonzalez: Having said that, let's continue with the agenda and let's take PH.1. Anybody from the Administration on PH.1? Pedro G. Hernandez (City Manager): Yes. PH.1 is a plat for Miami Senior High. Mr. Anido. Bill Anido: Bill Anido, Assistant City Manager. This is a plat for the Miami Senior High renovations and expansion of the high school. Any questions? Commissioner Gonzalez: All right. Yes, ma'am. Ana R. Craft: I represent the School Board, Ana Craft. Commissioner Gonzalez: Okay. You're in agreement with the plat? Ms. Craft: Yes. Commissioner Gonzalez: All right. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. We need a name for the record. City of Miami Page 16 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Your name, ma'am. Ms. Craft: Ana Craft, 1450 Northeast 2nd Avenue, Miami, Florida. Commissioner Gonzalez: Thank you. All right. I need a motion on PH.1. Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second Commissioner Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Let's -- Vice Chair Spence -Jones: Mr. Chairman, I just want to be clear. You said he wanted to hold off on PH.2, PH.3 and PH (Public Hearing) --? Commissioner Gonzalez: And PH 4, right. Vice Chair Spence -Jones: 'Til this afternoon? Commissioner Gonzalez: No, until he gets here. I don't know if he's going to get here before noon or -- but until he gets here. Vice Chair Spence -Jones: Okay, no problem. PH -- PH.2 09-01150 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA DESIGNATING THE ENTIRE CITY OF MIAMI, FLORIDA AS A "RECOVERY ZONE" FOR PURPOSES OF SECTIONS 1400U-1, 1400U-2 AND 14000-3 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; PROVIDING FOR THE USE OF ALLOCATIONS RECEIVED FOR RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS AND RECOVERY ZONE FACILITY BONDS WITHIN SUCH RECOVERY ZONE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01150 Legislation.pdf 09-01150 Summary Form.pdf 09-01150 Notice of Public Hearing.pdf 09-01150 Miami Herald.pdf SPONSORS:CITY MANAGER'S OFFICE DEPARTMENT OF FINANCE Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0505 City of Miami Page 17 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: PH.2. Larry Spring: Larry Spring, chief financial officer. Commissioners, PH 2 is a resolution of the City Commission designating the entire city a recovery zone for the purpose of Sections 1400U-1, 1400U-2, and 1400U-3 of the Internal Revenue Code, as amended The purpose of this designation passed by Congress was to allow for tax incentives for state and local governments borrowing for the purpose of job creation and economic recovery in areas that had job declines. This is a procedural matter so that we can tap into the volume cap allocation that was awarded to the City of Miami under the American Recov -- the ARRA (American Recovery and Reinvestment Act) legislation passed by Congress. Commissioner Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward to be recognized. Pedro G. Hernandez (City Manager): My understanding, Mr. Chairman, is that PH 2 is not a public hearing. Public hearing is PH.3. Commissioner Gonzalez: PH.2 is not? Mr. Hernandez: No. Commissioner Sarnoff. It's listed as one. Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: Oh, I'm sorry. Mr. Hernandez: It's -- Commissioner Sarnoff. No. It's listed as one. Mr. Hernandez: -- just -- Commissioner Gonzalez: All right. Do we have a motion on PH2? Is there a motion? Commissioner Sarnoff. I'll move it for purposes of discussion. Commissioner Gonzalez: Okay. We have a motion. Is there a second? Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Okay, discussion. Commissioner Sarnoff, you're recognized Commissioner Sarnoff I'm -- Larry, what's the total amount the City of Miami is getting for the recovery zone from -- I've heard it -- the American Recovery Relief Act, or I like to refer to it as Barack dollars, but I'm not trying to be trite. I don't -- what should I call it? Mr. Spring: It is -- you have two types of allocations under the Build America bond designation in this case. We have the Recovery Zone Economic Development Bonds allocation, which was approximately $7 million, and then you have the Recovery Zone Facility Bond allocation, which was 11.8. And I need to clarify something 'cause I -- when I hear people talk about it. This is not a grant. What this is is the -- when the City goes out to issue debt to build a facility or something, sometimes because of partnerships with private agencies, a portion of the debt cannot be issued on a tax-exempt basis. What this legislation did was allow cities, states to issue bonds for those private activities but on a tax-exempt basis. And this was the allocation limit City of Miami Page 18 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 that was afforded to the City of Miami in these two categories. Commissioner Sarnoff.. So these are not relief dollars? Mr. Spring: These are not relief dollars. Commissioner Sarnoff.. This is the City being allowed to use approximately $19.6 million -- Mr. Spring: On a tax-exempt basis. To borrow -- Commissioner Sarnoff.. -- on a tax-exempt -- Mr. Spring: -- on a tax-exempt -- Commissioner Sarnoff.. Of their own money to borrow -- Mr. Spring: Of our own money on a tax-exempt basis. Commissioner Sarnoff.. -- on a tax-exempt basis. Mr. Spring: Yes. Commissioner Sarnoff.. Okay. Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: Commissioner Regalado. Commissioner Regalado: Thank you. Larry, so it's -- what we're doing here and in PH 3 is to bond $11 million? Mr. Spring: No, sir. PH.2 is, again, a procedural matter. We have -- Commissioner Regalado: Right, right. I understand that one. Mr. Spring: -- in order to be able to receive the allocation, we have to designate the recovery zone area, so that's what PH 2 is. Commissioner Regalado: Okay. So -- but PH.3 has to do with PH.4? Mr. Spring: PH.3 is also a procedural matter, which is a public hearing that has to be held with regards to our use -- Commissioner Regalado: It's not -- Mr. Spring: -- of the allocation. Commissioner Regalado: -- no. It's not a technical matter because if PH 3 is not approved, then your bond issuance will be affected Mr. Spring: Yes, it would be. But for the purpose of discussion, again -- and I reiterated this in our -- Vice Chair Spence -Jones: Briefings. City of Miami Page 19 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: -- that we need to focus only on this item because of the process that we need to go to -- go through. So I'd ask if you had questions related to the bond itself that they be held off until PH.4. But very quickly, I will answer your question. Yes, if the allocation is not approved by the City for this use, it will affect -- it will have the impact of increasing our interest rate on a $6 million piece of the financing associated with the garage. Commissioner Regalado: On what, six million? Mr. Spring: On six million. Commissioner Regalado: Where is the six million figure? I wasn't told that yesterday. Mr. Spring: It was in the executive summary that we provided you with. Commissioner Regalado: Yeah. But it was part of the cost. That was for -- Mr. Spring: Again -- Commissioner Regalado: I understand Mr. Spring: -- I need to be -- Commissioner Regalado: No, no, no, no. But you need to be clear. Mr. Spring: I have been clear, Commissioner. The $6 million allocation is a portion of the Recovery Zone Facility Bond volume cap limit. Commissioner Regalado: For the retail. Mr. Spring: For the re -- for all of the private use but, primarily, yes, the retail in the stadium. Commissioner Regalado: In the garage. Mr. Spring: In the garage. Yes, I'm sorry. In the garage. Mr. Hernandez: Commissioner, I think it's important to note that that's not six million that are coming to us from someplace else. All that we're gaining is that we have the ability to issue those bonds at a tax-exempt rate rather than taxable, so it means a gain to the City in the interest that we pay, but it's still our money. Commissioner Regalado: I understand that. I'm just saying that one thing is connected to another and you cannot separate one item from another. Vice Chair Spence -Jones: Well, can -- let me -- Mr. Chairman, if you don't mind I want to just ask a question. This particular item, PH.2, which is -- I'm assuming is what he's communicating on -- I thought that this was just simply to designate the City -- the first one -- as a recovery zone. Mr. Spring: Abso -- Vice Chair Spence -Jones: So we need to do that because we don't want to lose any money that's coming from the federal government. Mr. Spring: Or any -- it's an allowance, if you will. It's an incentive. Vice Chair Spence -Jones: Not monies, but -- City of Miami Page 20 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: Right. Vice Chair Spence -Jones: -- the incentive. Mr. Spring: Right. Vice Chair Spence -Jones: I'm sorry, incentives -- Mr. Spring: Correct. Vice Chair Spence -Jones: -- that are -- Mr. Spring: Correct, Commissioner. Vice Chair Spence -Jones: -- coming from -- so let -- so it's important, no matter what, for us to get past this first item -- Mr. Spring: We need to do it anyway -- Vice Chair Spence -Jones: -- and then -- Mr. Spring: -- procedurally. Vice Chair Spence -Jones: -- you know, PH. 3, we can then, you know, I guess, drill down and PH.4 we can drill down even further. Mr. Spring: Correct, ma'am. Vice Chair Spence -Jones: But let's get -- Commissioner Regalado, let's just get past PH 2 'cause no one wants to lose the incentive -- Mr. Spring: Right. Vice Chair Spence -Jones: -- which is extremely important. Commissioner Regalado: PH2, I'm fine with it because it's just a technicality. What Ilike to understand is why you said that the bond questions need to be asked on PH.4. It's part of the package. Mr. Spring: It's part of PH 3. Commissioner Regalado: I understand that, but it's part of the package. Mr. Spring: It is part of the overall package, the stadium -- Commissioner Regalado: Okay. Mr. Spring: -- package. Commissioner Regalado: Then we ask the question. Then we can vote on PH -- Vice Chair Spence -Jones: PH 2. Commissioner Regalado: -- 2. City of Miami Page 21 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: All right. Commissioner Gonzalez: We already did, I guess. Vice Chair Spence -Jones: We had a motion and a second. Commissioner Gonzalez: Yeah. We already voted on PH.2. Commissioner Regalado: No. Commissioner Gonzalez: We didn't? Commissioner Regalado: No, we haven't. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. I don't think we did Commissioner Gonzalez: Oh, okay. Vice Chair Spence -Jones: Do we have a motion? Priscilla A. Thompson (City Clerk): You have a motion, you have a second, but no vote. Commissioner Gonzalez: And we have a second, right. All right. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. PH.3 09-01150a DISCUSSION ITEM A PUBLIC HEARING REQUIRED BY SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, TO CONSIDER THE PLAN OF FINANCING FOR THE RECOVERY ZONE BONDS IN SERIES 2009C IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11 MILLION (IN CONNECTION WITH THE ISSUANCE OF NOT TO EXCEED $135 MILLION IN AGGREGATE PRINCIPAL AMOUNT OF THE CITY'S SPECIAL OBLIGATION PARKING REVENUE BONDS SERIES 2009 A, B, & C (MARLINS STADIUM PROJECT). 09-01150a Summary Form.pdf 09-01150a Notice of Public Hearing.pdf 09-01150a Miami Herald Ad.pdf 09-01150a-Submittal-Correspondence-Finance Committee.pdf SPONSORS:CITY MANAGER'S OFFICE DEPARTMENT OF FINANCE DISCUSSED Commissioner Gonzalez: PH.3 is a public hearing. Larry Spring (Chief Financial Officer): Right. Commissioners, PH.3 is the required TEFRA (Tax Equity and Fiscal Responsibility Act) hearing required under Section 147 of the Internal Revenue Code of 1986, as amender, to consider the plan of financing for the Recovery Zone City of Miami Page 22 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Bonds in Series 2009C in the aggregate principal amount not to exceed $11 million as part -- connected with the issuance of the next item, which is the obligation for the -- the obligation bond for the Marlins parking garage. Commissioner Gonzalez: All right. Mariano, you're recognized. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street. I got a few questions to ask -- Robin Jones -Jackson (Assistant City Attorney): Excuse me, Mr. Chair. Julie O. Bru (City Attorney): Excuse me. Mr. Vice Chair -- Madam Vice Chair, Mr. Chair, there has to be a statement read into the record before the hearing is opened, and she's -- Mr. Cruz: Okay. Commissioner Gonzalez: Okay. Ms. Bru: -- going to read it now. Ms. Jones -Jackson: Thank you. The notice for the public hearing was published in the Miami Herald on October 8, 2009. The notice reads as follows: Notice of public hearing by the City Commissioners of the City of Miami, Florida. Notice is hereby given that a public hearing, pursuant to Section 147(F) of the Internal Revenue Code of 1986, as amended the Code, will be held by the governing bock of the City of Miami, Florida, on October 22, 2009 beginning at 9 a.m. or as soon thereafter as such matter may be heard at the City Commission chambers located at 3500 Pan American Drive, Miami, Florida 33133. The public hearing will be held for the purpose of considering the following: a plan of finance considering of the proposed issuance by the City of Miami of its tax-exempt obligations to be known as the City of Miami, Florida Special Obligation Parking Revenue Bonds Series 2009C for the Marlins Stadium project in an aggregate principal amount of not to exceed $11 million, issued for the purpose of financing the cost of the construction of the parking, of pertinent and ancillary facilities, including but not limited to retail space, surface lots, and parking structures for not to exceed 6,000 spaces to be located at the site commonly referred to as the Marlins Baseball Stadium. That's the project. Said project will be owned by the City and a portion will be used by the Marlins Stadium operator LLC (Limited Liability Company) as the user. The public hearing is required by Section 147(F) of the Internal Revenue Code. Any person interested in the plan of finance and the proposed issuance of the bonds or the location or nature of the project may appear and be heard. Subsequent to the public hearing, the City Commissioners of the City of Miami, Florida will consider whether to approve the bonds, as required by Section 147(F) of the Code. The public hearing will be conducted in a manner that provides a reasonable opportunity to be heard for persons with different views on the plan of finance, the location or nature of the project, or the issuance of the bonds. Any person desiring to be heard on this matter is requested to attend the public hearing or send a representative. Comments made at the hearing are for the consideration of the City Commissioners of the City of Miami, Florida and will not bind any legal action to be taken by the governing bock of the City in connection with its consideration and approval of the financing and the issuance of the bonds. If a person decides to appeal any decision with respect to any such matter considered at such hearing, such person will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based under Florida Statutes 286.0105. In accordance with the Americans with Disabilities Acts [sic] of 1998, persons needing special accommodations to participate in this proceeding may contact the Office of the City Clerk at 305-250-5360 Voice, no later than two business days prior to the proceedings, or at 305-250-5472 for TTY (Teletypewriter), no later than three business days prior to the proceeding. And it was published by Priscilla A. Thompson, CMC (Certified Municipal Clerk), City Clerk. Thank you. City of Miami Page 23 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. Could -- Commissioner Gonzalez: That's what we -- Commissioner Sarnoff. -- I missed line four. Could you reread -- Commissioner Gonzalez: -- is that --? Commissioner Sarnoff. -- that? Ms. Jones -Jackson: Sir? Commissioner Sarnoff. I'm just kidding. Ms. Jones -Jackson: Thank you. Commissioner Gonzalez: Is that what we -- Commissioner Regalado: I got a question. Commissioner Gonzalez: -- published in the newspaper? Ms. Jones -Jackson: Yes, sir, it is. We published on October 8. Commissioner Gonzalez: As a matter of curiosity, how much did that cost us? Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: At least $200, 000, right? Ms. Jones -Jackson: Oh, no. Todd, what did -- Priscilla A. Thompson (City Clerk): No. Commissioner Regalado: No. It's a small print. Ms. Jones -Jackson: -- was the cost? No. Mr. Cruz: I can tell you how much it cost Miami 21, but not this. Commissioner Gonzalez: How much was it, Mariano? Mr. Cruz: Yeah. Commissioner Regalado: Mr. Chairman. Mr. Cruz: Okay. Commissioner Gonzalez: Yes, sir. Commissioner Regalado: Just to clarify. This official publication was only about the 11 million. Mr. Spring: Correct. City of Miami Page 24 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: There's no similar publication on the 135. Vice Chair Spence -Jones: Huh? Commissioner Regalado: On the next item, did we publish that too? Mr. Spring: The next item is a resolution. Commissioner Regalado: I understand that. Mr. Spring: We do whatever the normal -- Commissioner Regalado: I understand that. But it's an irony that we go to the public to tell them that we are going to be discussing an issuance of $11 million and, five minutes after, we are discussing $135 million. So what is the catch here? Mr. Spring: Well, the catch there, Commissioner, is this particular item is required to be noticed by the IRS (Internal Revenue Service) Code, and we were being -- Commissioner Regalado: And I understand that. Mr. Spring: -- we're being compliant with that requirement. Commissioner Regalado: But don't you think that the people should know that today --? I mean, if it weren't for this morning paper, people wouldn't know that we'll be discussing also $135 million bond issue. Mr. Spring: Again, Commissioner, the only rebuttal I have to that is to say that the item was properly handled through our Commission agenda preparation process, so whatever requirements of notice were complied with on PH.4 and PH.3. Vice Chair Spence -Jones: Can I ask this question? How long have you guys known about the recovery zone bonds? Mr. Spring: The allocation's been out there since, I want to say, you know, early this year. Vice Chair Spence -Jones: And why is it coming now? Mr. Spring: Well, this is the first opportunity where we had an issue where we were going to issue debt that would require taxable financing to be able to tap into the allocation. In preparing for the CRA (Community Redevelopment Agency) bonding that you know we're bringing forth, I was holding back a portion of the allocation to be able to use there because, again, I knew in issuing that debt we're going to have taxable pieces particularly as it relates to the housing, so that's -- this was the -- really the first opportunity to be able to utilize the incentive, so that's why it's coming now. Commissioner Gonzalez: All right. This is a public hearing. Mariano, you're recognized Mr. Cruz: Okay. Mariano Cruz, 1227 Northwest 26 Street, a City (UNINTELLIGIBLE) taxpayer. I want to know also -- few question. How much these bonds are going to add to the debt service of the City of Miami? And still we paying still for the Miami Arena or for the Knight Center, still paying, so we're going to add more -- that's a hidden tax too -- to a debt service of the City of Miami. Taxpayers can't even afford -- they have to be pay debt service now on this one. Not only that -- City of Miami Page 25 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: No. Larry, would you please answer Mariano's -- Mr. Cruz: How much will it add to the debt service? Commissioner Gonzalez: -- concern? Mr. Spring: I'm sorry, Commissioner. I missed the question. Commissioner Gonzalez: Mariano has a question for you. Mr. Cruz: The debt service, how much will it increase all this (UNINTELLIGIBLE) of bonds or whatever? Mr. Spring: If we do not use this allocation, the -- Commissioner Sarnoff.. No, no, no, no. I think his question's a little different. Mr. Spring: Okay. Commissioner Sarnoff.. I think he's asking -- you're borrowing $135 million. Mr. Cruz: Right. How much it's going to increase in so many years? Commissioner Sarnoff.. Well, I think his question is how much are we going to pay back? A hundred and thirty-five million we know we're going to pay back, plus what? What interest? Mr. Cruz: Plus the interest at what, 8 percent, 7 percent, municipal bonds? Mr. Spring: No. The average yield -- and this was in the executive summary they passed out -- the all -in costs combined, including utilizing this tax-exempt piece, would be 5.504 is the blended interest rate that we -- Commissioner Sarnofff. No. I -- we're all getting -- Lane -- Mr. Spring: Okay. Mr. Cruz: Numbers, dollars. Commissioner Sarnofff. We buy a house -- Mr. Spring: Okay. Commissioner Sarnofff. -- a house, okay -- Mr. Cruz: Okay. Commissioner Sarnoff.. -- and we borrow 500, 000. How much do we pay back on that 500,000? Mr. Spring: The total debt service would be, over the 30 years, is 246.5 million. Commissioner Sarnoff.. Two hundred and forty-six -- Mr. Spring: Point five million. Commissioner Sarnoff.. -- point five million? City of Miami Page 26 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: Yeah. Commissioner Sarnoff. Two hundred forty-six million five hundred thousand? Mr. Spring: Yes. Mr. Cruz: Right, sure. Mr. Spring: It's in the -- Commissioner Regalado: So -- Mr. Spring: -- Exhibit A that we provided on page 2. Commissioner Regalado: -- the cost of the garage will be $246 million? Mr. Cruz: You know, the -- one thing. Those garage since they have to have downstairs restaurant and that is a lot more than a regular garage because you got to have bathrooms, you have facilities, every different thing which increase the cost of parking space on those garage there. Make a garage (UNINTELLIGIBLE) it's a done deal, the stadium. Igo to there and I know. I talk to the construction manager, I talk to (UNINTELLIGIBLE). And you know what? None of those people working there are included in those 5,000 new jobs because those are expert there in concrete, in working iron there because they built five stadiums in the United States. They don't have anybody from 16, 17 Avenue doing -- putting concrete there. They got expert with the expertise to work those things there. None of those -- Pedro G. Hernandez (City Manager): Not for -- Mr. Cruz: -- 5,000 jobs -- Mr. Hernandez: -- the garage, definitely. This garage is simple construction. The only thing that it has is that it's extremely large, like the one by the airport. It's close to 6,000 spaces. Other than that, it's very basic construction and it will utilize a lot of community workforce -- Mr. Cruz: Sure. Mr. Hernandez: -- from this area. Mr. Cruz: Let me know who they are when you start doing that. I want to know who they are, how many from Allapattah are going to be working there, okay. Because they say -- and they bring the people from wherever; North Miami, all different places. Another thing. All this financing, you go to Wall Street now. You know what we need it's not only one Bernard Madoff around (UNINTELLIGIBLE). A lot of Bernard Madoff. All these graduates from (UNINTELLIGIBLE) College and Harvard School of Business, they are the one that cause all these problem here because they don't produce anything, they don't grow a potato, they don't manufacture the car; they don't go to a factory. They just move paper from place to place. That's where we get the problem. We got to become a country of manufacturing again. All our factory -- 40, 000 factories went out of this country in the last eight years. How come we don't have --? Look at the Chinese. They get silicone and (UNINTELLIGIBLE) that worth pennies and make a computer worth dollars and dollars and dollars. Commissioner Gonzalez: Mariano. Mr. Cruz: How come we can't be that again? City of Miami Page 27 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Mariano. Mr. Cruz: No, we shuffle paper. Commissioner Gonzalez: Mariano, thank you -- Mr. Cruz: Yeah, okay. Commissioner Gonzalez: -- very much. Mr. Cruz: That's it. Commissioner Gonzalez: Thank you very much. Next speaker. Good morning. How are you? Juan Carlos Garrido: Good morning. My name is Juan Carlos Garrido, J.C. Garrido. I live at 2324 Southwest 26 Street, Miami, Florida. I concur with Mr. Cruz, everything that he said, and he's very avid about things that he's saying. I spoke before this Commission many months ago and I did say that the Marlins Stadium was going to cost in excess of $1 billion and it will cost that. We're here back to the same stage. And there were two Commissioners here in this body -- there's two missing right now -- but in any event, this will cost more than $1 billion. You got four parking garages. Mr. Manager, how much is each garage by square footage? Can you answer me that, please? Commissioner Gonzalez: You ask the questions through the Chair. Mr. Garrido: I'm sorry. Commissioner Gonzalez: Go ahead. Mr. Manager, will you please --? Mr. Garrido: I apologize. Commissioner Gonzalez: Larry, will you please answer the question? Mr. Spring: Well, Mr. Chair, I need to make a point. We're in a TEFRA hearing regarding the use of the allocation. The issues that are coming up, why [sic] I understand that it is important for the public to have that opportunity, I guess that opportunity be discussed in the next item. Right now we're supposed to be discussing the use of the -- the limited, narrow use of the allocation, the 6.2 million of the $11 million volume cap allocation, with regards to the TEFRA hearing. And I'm not attempting to stop the public from speaking, I just wanted -- Commissioner Gonzalez: All right. Mr. Spring: -- to remind the Commission. Commissioner Regalado: You are attempting to stop -- Mr. Garrido: Mr. Chair, is this a public hearing? Can I speak my word or not? Commissioner Gonzalez: Yes, sir, you can. Mr. Garrido: So I -- can I continue? Commissioner Gonzalez: Yes, go ahead. City of Miami Page 28 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Garrido: Sir, thank you for your comments. But any event, my questions to the City Manager is how much is the square footage of each garage? Mr. Hernandez: Sir, I cannot tell you right here on the record what that is. However, what I can tell you is that one of the garages is 962 spaces, the second one is 1,366, the third one is 1,241 plus 48, and number four is 1,280 spaces, plus an additional 48. That's a total of 4,945 structure spaces. The total spaces including the surface lots are 5,780 spaces. And if you require more detail, I'm sure the staff will be here to give you any more detail. Mr. Garrido: Well, as my memory is correct, I believe in one of the meetings, back in July, you mentioned that each garage cost an average of $70, 000 per space. Is that correct? Mr. Hernandez: What I can tell you is that the total cost of the construction of the hard cost -- the hard cost plus the soft cost associated with construction are at about $93 million total. Mr. Garrido: Ninety-three million dollars. Mr. Hernandez: That's hard costs, plus the soft costs associated with construction total. Mr. Garrido: All right. All right, appreciate that. In any event, if you have four parking garages, which, by my estimate, is in excess of 600, 000 square foot of spaces, not counting the bottom -- Mr. Cruz: Surface. Mr. Garrido: -- the surface -- correct, Mariano -- there you're going to have restaurants or you're going to have commercial activity. You're going to have many issues there happening. You're going to have MEP, Mechanical Electrical and Plumbing -- Mr. Hernandez: Right. Mr. Garrido: -- and you're going to have a lot of other issues, especially fire suppression system. This garage will not cost 93, like you just stated It's not going to cost 134. In my estimate, it's going to cost in excess of $200 million, those four garages. Commissioner Gonzalez: Thank you very much. Mr. Garrido: And -- Commissioner Gonzalez: We appreciate your comments. Your two minutes -- Mr. Garrido: Time out. Commissioner Gonzalez: -- are up. Mr. Garrido: Time out. How many minutes did I have? Commissioner Gonzalez: Two minutes and -- Mr. Garrido: Two minutes? Commissioner Gonzalez: -- you already went -- Mr. Garrido: Okay. City of Miami Page 29 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: -- over your two minutes. Mr. Garrido: No. Let me -- Mr. Chairman, may I speak? Commissioner Gonzalez: And as a matter of fact, you're talking about something that is not related to the matter that we're discussing here. You're talking about square footage of the parking lot, how many spaces, how the building is going to be built. It has nothing to do with what we're talking about in this item, okay? Mr. Garrido: Mr. Chairman, with all due respect -- Commissioner Gonzalez: But I wanted to give you the opportunity so you could express yourself. Mr. Garrido: -- listen, I have a list of people who have talked here before your Commission and the average comes to about six minutes per person. Commissioner Gonzalez: Well, not in my case. Mariano has been limited to two minutes. Everybody has been limited to two minutes. Mr. Garrido: All right. Commissioner Gonzalez: So you have your two minutes and you have spoken more than two minutes. Mr. Garrido: I respect your decision and I'll be back. Commissioner Gonzalez: Thankyou very much. Mr. Garrido: May God bless you. Commissioner Gonzalez: Ma'am, you want to address the Commission? Grace Solares: Commissioner -- Mr. Chairman, since Mr. Springs [sic] limited the comments or wanted the comments limited to this item of the $11 million, I will wait to speak on the $135 million ones, which is the next item. Commissioner Gonzalez: All right. Thankyou very much. Ms. Solares: Thank you. Ms. Thompson: And I'm sorry, Chair. Just for the record, I still need her name as a speaker. Ms. Solares: Grace Solares, Miami Neighborhoods United. Ms. Thompson: Thank you. Commissioner Gonzalez: All right. Anyone else from the public that wants to speak on PK 3? Seeing none, hearing none, the public hearing is closed. I'm being told that this item doesn't require any action by the Commission. It's just a public hearing to get comments from the public. PH.4 09-01150b RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, WITH ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $135,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF City of Miami Page 30 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION PARKING REVENUE BONDS, SERIES 2009 (MARLINS STADIUM PROJECT) TO BE ISSUED IN ONE OR MORE SERIES ON A TAXABLE AND TAX-EXEMPT BASIS, TO FINANCE THE CITY'S PORTION OF THE CONSTRUCTION OF THE PARKING FACILITIES FOR THE NEW FLORIDA MARLINS BASEBALL STADIUM AND COSTS OF ISSUANCE ASSOCIATED WITH THE SERIES 2009 BONDS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE SERIES 2009 BONDS; PROVIDING FOR THE FUNDING OF A RESERVE FUND; AUTHORIZING A NEGOTIATED SALE OF THE SERIES 2009 BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT; APPROVING UNCERTIFICATED, BOOK ENTRY ONLY REGISTRATION OF SAID SERIES 2009 BONDS WITH THE DEPOSITORY TRUST COMPANY; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND PROVIDING FOR THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2009 BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL REQUIRED ACTIONS BY THE CITY MANAGER AND ALL OTHER CITY OFFICIALS; AND PROVIDING AN EFFECTIVE DATE. 09-01150b Complete Legislation.pdf 09-01150b Exhibit 1.pdf 09-01150b Exhibit 2.pdf 09-01150b Exhibit 3.pdf 09-01150b Exhibit 4.pdf 09-01150b Summary Form.pdf 09-01150b Ad.pdf SPONSORS:CITY MANAGER'S OFFICE DEPARTMENT OF FINANCE Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Noes: 2 - Commissioner Regalado and Spence -Jones R-09-0509 Commissioner Gonzalez: Now we're going to move into PH.4, which is a resolution. Party Spring: Commissioner, Party Spring, chief financial officer. PK 4 is a resolution of the City of Miami Commission, with attachments, providing for the issuance of not to exceed $135 million in the aggregate principal amount for a special obligation parking revenue bond Series City of Miami Page 31 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 2009 for the Marlins Stadium project. In the -- back in March of 2009, the City Commission approved a series of baseball stadium agreements. One of those agreements was a parking agreement that specifically required the City of Miami to construct or cause to be constructed a parking facility with such parameters. Today we're bringing back the financing associated with achieving that legal obligation required under those baseball agreements. The $135 million -- well, actually, when we did our briefings, we passed out an exhibit, which demonstrated the sources and uses associated with the bond based on the numbers we've calculated as of today. We're looking at a par amount issuance of approximately $123.4 million, with an all -in interest cost of approximately 5.5 percent. The issuance will be broken up into three series. You would have a Series A, a Series B and C. Series A would be approximately $102.3 million, tax-exempt special obligation issuance. Series B would be 14.9 million taxable special obligation parking, and the remaining Series C would be 6.21 million, tax-exempt based on the use of the Recovery Zone Facility Bonds allocation. The interest cap limitations that we are requesting in this legislation is 7.5 percent on the tax-exempt pieces and 9.8 -- I believe it's 9.8 on the taxable pieces. So we ask for your consideration of this item. Chair Sanchez: All right. Here we go on PH.2. PH.2 is a resolution. Grace Solares: PH.4. Chair Sanchez: PH.2 [sic] was a discussion. I apologize. All right. So we are on PH.4. PH.4 is a resolution. All right. We have a motion. Todd Hannon (Legislative Services Supervisor, Office of the City Clerk): Excuse me, Chair. Your mike. Mr. Spring: Your mike. Chair Sanchez: We need a motion and a second before we open it up for discussion. Is there a motion? Commissioner Sarnoff I'll move it for purpose of discussion. Chair Sanchez: All right. There's a motion for the purpose of discussion. Is there a second? Is there a second? There is no second All right, motion fails. Mr. Spring: Mr. Chairman, if -- Chair Sanchez: Yes. Mr. Spring: -- you will allow me. I need to reiterate one point, and I thought 1 made it during my presentation. This is an obligation of the City to produce this parking garage. We've presented the financing associated with it. The cash flows that we have developed are enough to pay for the debt service, operations, Cap "X, " and with a cash flow remaining on the backend associated with delivering this facility. I believe we would be in breach if we do not satisfy -- Commissioner Sarnoff. Mr. Chair -- Mr. Spring: -- this -- Chair Sanchez: Yes, sir. Mr. Spring: -- obligation. Chair Sanchez: Hold on, hold on, hold on. Can we --? There is no second. City of Miami Page 32 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff.. Yeah. Can I say something? Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff.. For point of privilege. Look, I sit here not one of the people who supported the stadium, and I can tell you there are things here -- whatever happened to the 94 million number? Whatever happened to the 10 percent? And I wonder how many Commissioners here today, after the budget crisis we went through, would vote for this right now? But we are where we are and we entered into agreements that we entered into. Any my question, if anybody saw me walk over to the City Attorney, was is there a liquidated damage clause in the event we fail to build the parking garage? 'Cause at least you could say to the citizens, you know what? Pay 1.5, pay $6 million. We're in breach of contract. That's our liquidated damage amount and maybe we can make a vote on that. But there is not, as I've been informed, a liquidated damage clause. There is what is known as an incidental damage clause. As an incident of this breach, what would happen is the Marlins would construct the parking garage. They would have no incentive to do so with regard to cost or cost overruns because the incident damage would be us, the taxpayers of the City of Miami. Now as much as I would like to rail and rally against this parking garage -- and I would and I could tell you why -- but my day came and my day went and I didn't carve the day on March 19, 2009, nor did Commissioner Regalado carve the day on March 19, 2009. This Commission still has to act with maturity. We entered into an agreement. The breach of that agreement will be, as we know, probably upwards of $100 million, probably up to $150 million. Can you imagine putting that as a judgment form on the general fund of the City ofMiami? Because what would happen is the Marlins would take a judgment against the City of Miami and they would do -- they would start to execute on that judgment. And the easiest way of executing would be to start taking the assets of the City of Miami, and they would garnish our bank accounts and it would bring the wheels of the City of Miami, which would be run by a different mayor at that time, to a screeching halt. So as much fun as it would be and as important as I think it is to argue against the Marlins parking garage, that day has come and that day has gone. There's nothing you can do here today to rally against this particular provision unless you have a different funding idea. The obligation to build the stadium is there. You know, it's called majority rule, minority rights. The majority of this Commission determined, in its infinite wisdom, with all due respect or a lack thereof that it was going to contribute to the Marlins Stadium by placing a parking garage. The majority rules that day. And for us to sit here and now complain about it, it's just not -- there's a property right that we have given up to the Marlins, and that property right is in the United States Constitution. And that is that we will honor our contracts. And if you think you have a great idea how you can avoid this obligation, this Commissioner, who has litigated over 200 jury trials, is all ears. I'd love to hear how you think you can avoid this obligation. If there's a City Attorney out there who can tell me how you can avoid being sued by the Marlins, I am all ears. If there's a paralegal out there who can tell me what great idea you have that will avoid the City of Miami's obligation, I am all ears. But for this Commission to sit here and not act in passing this particular funding source, which is not perfect and it's not something I like, but I've yet to see an alternate plan of how to pay for this parking garage. Vice Chair Spence -Jones: Mr. Chair. Commissioner Sarnoff.. If there's somebody -- Let me just finish -- out there that has an alternate plan, bring it up now 'cause I just don't see it. I don't know what else to do. But to put us in breach of contract, it'll take them less than one year to bring this through the courts of our circuit. And in less than one year's time, our bank accounts will be garnished. Commissioner Regalado: Can I --? Vice Chair Spence -Jones: I just need to ask, Mr. Chairman, are we in the middle of a public City ofMiami Page 33 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 hearing? 'Cause I see Grace still standing up there. Chair Sanchez: I have passed the gavel to you because I am going to second the motion. Vice Chair Spence -Jones: Okay. So you second the -- Commissioner Regalado: Okay. Vice Chair Spence -Jones: -- motion, but the issue, though, is -- Chair Sanchez: It -- Vice Chair Spence -Jones: -- we still have a -- we do have a public hearing going on, correct? Priscilla A. Thompson (City Clerk): No. Commissioner Regalado: Madam Chair. Ms. Solares: Yes. Commissioner Regalado: Madam Chair, can I --? Chair Sanchez: What you should do -- there's a motion and a second -- you should hold the debate -- the discussion. You should open it up to the public and then bring it back to the Commission for discussion. Vice Chair Spence -Jones: Okay. At this time, the public hearing is open. I see Ms. Solares there. Is there anybody else that has any comments on this issue? Grace, you're recognized Ms. Solares: Thank you, Commissioner. Grace Solares, Miami Neighborhoods United Miami Neighborhoods United opposes the issuance of these bonds as drafted I received a copy of a letter that was sent to Mayor Manny Diaz on October 13 by the Finance Committee of the City of Miami. One of the signatory here is Linda Haskins, who used to be the CFO (Chief Financial Officer) of the City. And it tells you that throughout the discussions, the Committee expressed a few concerns related to approving the transaction related to the -- this is important -- covenant to budget and appropriation CBA (Community Benefits Agreement) of the general fund, which puts the City's general fund at risk to cover any shortfalls that may result throughout the life of the transaction. This committee was specifically concerned with the following, whether or not the stadium operator, which is the Marlins, will be able to meet and honor their obligations under the contract of the life of the transaction; (2) whether the County will have sufficient CDT (Convention Development Tax) bonds to honor -- tax dollars to honor its obligations to the City; (3) whether or not the issue in size is sufficient to cover the total cost since actual cost -- and this is important -- have not been received; and (D) whether or not the positive cash flow shown on the bond structure is accurate based on the fact that the actual costs have not yet been received, as well as the fact that the capital expenditure contributions used in the analysis appears to be low. The Finance Committee of this City raises these concerns. Those of you who are running for mayor of the City who have reiterated over and over again that you will not vote on anything that will touch the general fund of this City, if you pass this bond of $135 million today, as drafted, the potential of this City having to go into the general fund is great. You have to realize that we have gone to the parking authority. We are stripping all the equity, all the ability of us getting revenues, you are stripping it for the purposes of the Marlins. I want you to understand this. I mean, it just seems to me that sometimes it goes on without anybody realizing what we are doing. It's like getting -- stripping your house of any equity. What are you going to pledge as collateral for future loans were we to need them to actually supply the essential benefits to the people? City of Miami Page 34 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. Grace, let me ask you something. What is your solution for the breach of contract? Ms. Solares: Well, I haven't, but I'm going to get back to the office because, as you very well know, I am -- I have sued the City and the County with respect to the one count of my complaint, which is number 12, which is the issuance of the bond series, of the refunding bonds, and we have all arguments on November 16. That will have an impact if I win on the County side of it because it will not be able to issue -- to utilize those revenues. But I can tell you, sir, that the Volusia County case is a United States decision. It says that if a municipality or a county were to pass any resolution that will have an indirect impact -- and this particular case, bonds -- if they were to pass something issuing bonds that would have an indirect impact on the general fund, it's illegal. So you're actually putting yourself in a position of having people in this City filing for an injunction to stop you from doing this. So I -- Commissioner Sarnoff But let me ask you this question, Grace. What is the result of the breach of contract vis-a-vis with the Marlins, whether it's the County --? Because then if you're successful, couldn't the result be that the County, under a number of different theories, which would include quantum meruit, which would include unjust enrichment -- wouldn't the -- wouldn't you then, if you were successful, just expose the general fund of the County and vis-a-vis the City to the payment to the Marlins? Ms. Solares: Actually, I don't think so, and I'll tell you why. The theory -- or we're based on the theory that if that were to happen, all parties will have to come down to the table and renegotiate because there will really not be any ability of doing it unless they come back. Depending upon how the Third District Court of Appeals actually comes back -- whether it was illegal, illegal for them to do it, that's going to have an incredible repercussion, the illegalities committed by the County. Commissioner Sarnoff. Yeah. No, I've accepted your suggestion that it's illegal, but that doesn't stop an equitable remedy. And the equitable remedy would be the cost incurred by the Marlins in moving forward with their construction of the stadium Ms. Solares: Well -- Commissioner Sarnoff. -- which is why I suggested to you what would happen on quantum meruit, unjust enrichment theories, which are not legal theories, simply for those results, couldn't you be exposing the citizens to the general fund as opposed to bonding it, which is a way of streaming the money out for many, many years -- agree or disagree, at least you'll be able to operate the County and the City. Ms. Solares: Do you know that the monies being spent at this time are zero from the Marlins -- Commissioner Sarnoff. Right. They're not paying -- Ms. Solares: -- and everything from us? So it's not that I have -- that we have, actually, allowed the Marlins to go ahead and start spending money. They're not spending a dime. It's all of our money. So we are in a position, yes, sir, to renegotiate this issue if the Court of Appeals says it is illegal and you have to come up with another rationale. What is the other rationale? The Marlins coming up with more money. Thank you, sir, and please don't pass this with that proviso. The covenant to budget an appropriation. Thank you. Nathan Kurland Nathan Kurland, 3132 Day Avenue, Coconut Grove. All due respect, Commissioner Sarnoff, I absolutely have no alternative to what the -- to what you've described. However, I think it's incumbent upon all citizens of Miami when they realize the situation is City of Miami Page 35 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 growing out of hand and perhaps they want to be heard, that this is our opportunity be heard I went to the County meeting where I heard the County Manager tell us this parking lot would cost us $90 million; then it was $93 million; then it was $135 million. Then we hear soft costs, hard costs, costs for the bonds and suddenly, now we understand that this parking garage is going to cost us $245 million over the 30 years, quarter of a billion dollars to park cars at a stadium which many of us really did not want in the first place during this particular time. Be that as it may, as you pointed out, it still behooves every citizen of this city who doesn't agree with this to at least come before you, our representatives, and say this is wrong. A quarter of a billion dollars for a parking lot for the stadium. We never got a referendum on this issue. Many of us felt we should have had We're not going to have a referendum on spending a quarter of a billion dollars on a parking garage. There seems to be room for all of us who are against that to come up before you and tell you that we're against it. And we certainly understand the point you brought out about it may be that we have to do this, but we can tell you no. Thank you. Harry Gottlieb: Good afternoon. My name's Harry Gottlieb, at 3173 Shipping Avenue. And, Commissioner Sarnoff, I agree with you completely, what you said earlier, and it looks like we're in a real bad situation. We've really painted ourself into a corner here, and it's really unfortunate that we don't have an answer for this. And perhaps, we really need to think about what is the solution to this situation that we have created on our own. And it's very sad that we did not have a referendum, that we did not have a way to vote for this because if we had a way to vote for this, at least we would know that we did this to ourselves. But we didn't do this to ourselves. There were only three people that did this to us, and the three people are here. And they are culpable for getting us into this situation. And if anybody should be responsible, if any wages should be garnished, if any assets should be taken over, it should be from these three people who have painted us into this terrible situation, this terrible corner. They are responsible for this mess and they alone. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. The stadium is a done deal. (UNINTELLIGIBLE) said that. I don't worry about that. But what I say like a president in Cuba say a long time ago, (Comments in Spanish). There will be candy for evevybody. And this is all this bond issue means, candy for everybody. I wish I had the money to have the money there in Wall Street and get one million, two million there because you're getting seven point five or nine something, whatever for my pocket less -- that's more than I get for my 401 k. It's a lot more than I will get from there. But no -- I read Forbes. I read Fortune. I receive all those magazines at home. I make a point of reading. While people are watching soap opera, I'm getting information, okay, because knowledge is power, okay, for any place. And Major League Baseball is big business. How much (UNINTELLIGIBLE) made last year, Commission? Seventeen point five million. Made more than all you Commissioners together -- put together, 17.5. You know, Alex Rodriguez, how many they -- Alex Rodriguez, Derek Jeter, how much they made? Over twenty -some million each. All those primadonnas even have somebody running for them 'cause they don't want to get dirty. No. Oh, no, Alex Rodriguez, yeah, he slide on second base. But most of the other people, they don't want to get dirty. How much money they invested? Nothing. Well, that's okay. It's a done deal. The only thing I would like to get a 1099 for Wall Street of my investment there too of what everybody -- because I now I see everybody coming -- they see money. It's a feeding frenzy. No, they smell money. Bond issue over there, former finance directors coming around here. Everybody wants to be in the action (UNINTELLIGIBLE) that's where the money is. That's where the bonds are, money for -- candy for everybody. Bye. Robert Fournier: My name is Robert Fournier, 2070 Northwest 13th Street. I had a whole sermon prepared, but it's gone now. The whole ballgame has changed But 1 want to ask how many of you guys read this paper? They predicted months ago that the parking garage was going to cost as much as $150 million. Didn't any of you notice that? Okay. Marc and everybody else, if the City has committed to $93 million, that's it. Make the Marlins pay the difference. That's one solution. The other is to go back to the drawing board, completely that way. I don't think the Marlins can sue the general people in Miami, the voting public, and get a City of Miami Page 36 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 win. I don't think they can go to the property taxes. I don't -- they may get a piece of property out of you, but that's about it. They may get the land, but they won't be able to get our blood We did not agree to it. I think the courts would agree with that. You guys made the mistake, not everybody else. But the drawing board is something like this -- my drawing board, which you might be interested in. I'm going to ask you about the piece of land by the 5th Street Bridge in Miami, downtown, that complete block of land. I think it's a quarter a mile from the Metrorail station, the Culmer Station. Have you ever thought of relocating that stadium downtown? You say, oh, no. It can't be done. We could start the pouring right now because you haven't got the money to pay for this garage. I've done the math on that parking space. It doesn't make any sense. There's not enough money -- income. And I have a question here. The Marlins will pay $10 per space. There's 5,000 spaces. That means they're going to pay $5, 000 per space per game or $10 per space that's used? Commissioner Sarnoff. Per game. Vice Chair Spence -Jones: In conclusion. Mr. Fournier: Which is the answer to that? Commissioner Sarnoff. Per game. Mr. Hernandez: Every space, every day, every game, every season. Commissioner Sarnoff. Right, 82 games. Mr. Hernandez: They pay for it whether they're used or not -- Mr. Fournier: Okay. Mr. Hernandez: -- period Mr. Fournier: It still don't make good math, but that's it. Vice Chair Spence -Jones: Thank you. Mr. Fournier: I will say commit $94 million and that's it. Vice Chair Spence -Jones: Okay. Thank you. You're recognized. Juan Carlos Garrido: Deferring to Commissioner Regalado. He raised his hand Commissioner Regalado: No, no, no, no. Mr. Garrido: It's okay? Commissioner Regalado: The Chair -- Mr. Garrido: All right. Let me start by saying the following. My name is J. C. Garrido. I live at 2324 Southwest 26 Street. And with all due respect, Chairman Sanchez, last meeting that I was here, October 8, you told me that I spoke for four minutes. I only spoke for a minute and thirty-two seconds. Yeah, you can smile. Vice Chair Spence -Jones: Okay, let's -- Mr. Garrido: You have a beautiful smile. But any event -- City of Miami Page 37 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: -- continue. Mr. Garrido: -- the only Commissioner here who always advises everybody about the two minutes and always fair is Commissioner Spence -Jones. I'm just going to start by saying this. Vice Chair Spence -Jones: No problem. Mr. Garrido: I was here before and Chair -- Well, I got here (UNINTELLIGIBLE) Bohnsack, 2 minutes and 45 seconds, Jack Carrinas (phonetic), 3 minutes and 45 seconds -- Vice Chair Spence -Jones: Okay. Mr. Garrido: -- Don Worth, 6 minutes, and then a Leslie -- Commissioner Sarnoff. Commissioner Spence -Jones' picture is next to fairness in the dictionary. Mr. Garrido: Fairness. Vice Chair Spence -Jones: Please. Mr. Garrido: No, she is. I'm being honest. I'm just -- Vice Chair Spence -Jones: Okay. Mr. Garrido: -- telling you what 1 believe. Vice Chair Spence -Jones: But do -- Commissioner Sarnoff So let's get to the point. Vice Chair Spence -Jones: -- you have a comment? Mr. Garrido: So the average comes about five minutes. Can you give me five minutes? Vice Chair Spence -Jones: No. Mr. Garrido: That's all I'm asking. Just give me some time. Vice Chair Spence -Jones: You've already spoke also earlier, so -- right? Mr. Garrido: All right. I took a minute already. It doesn't matter. In any event, the bottom line is this. We all want the Marlins to be here. And in all fairness, the only Commissioner here in the last ten years trying to find a site for the Marlins has been Commissioner Tomas Regalado. And all the people that talked bad about Commissioner Regalado, he is my Commissioner in my district. And I stand here today saying that this gentleman, Commissioner Regalado, did the right thing. You have to come together. And I think all of you want to do the right thing. Commissioner Sarnoff, you're a blessing to the City of Miami, and all of you. The bottom line, just to cut it before five minutes, the Marlins Stadium is not going to cost what they said it's going to cost. The parking garages are not going to cost what they say it's going to cost. Now they want so many more million dollars. I mentioned in the last budget hearing why don't you ask Loria to bring $118 million to the table and the City will be, you know, clear. They have the money. They can do anything. They have the money. You know, this is something for the City. You all try to come together. There's a lot of bad things happening. It's about time that you all come together as a group and ask Loria, who's a multimillionaire -- and I met him in City of Miami Page 38 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Pennsylvania -- Vice Chair Spence -Jones: In conclusion. Mr. Garrido: Oh, how many minutes do I have? Vice Chair Spence -Jones: In conclusion. Mr. Garrido: Ms. Spence -Jones, it's okay. In conclusion, ask Loria to bring the money to the table, you know, and put the money where his mouth is, all right. 'Cause after all, the Marlins is not Marlins. It's called Loria's Marlins, all right. And maybe from here to five or six or seven years from now, they are going to sell that team. They will sell it. Vice Chair Spence -Jones: Thank -- Mr. Garrido: And you know who's going to account for that? Our kids and our grandchildren. Vice Chair Spence -Jones: Thank you. Mr. Garrido: All right. Thank you. Vice Chair Spence -Jones: Any more questions or comments from the audience? All right, we officially close the hearing. It comes back to the dais. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Madam Chair. Yesterday we spent, I guess, more than two hours with the Manager and Larry and his team. And frankly, the issue of breach of contract never came up. The issue of Marlins suing the City never came up. The issue of this number being too much was the whole discussion. So my problem is not the garage. We have an obligation. We have to build it. We have to pay it. We have to give it away, if we want to, and we will, to the Marlins. But the point is that the elected officials and the public have been misled in terms of different numbers, and that is my problem. Now it's -- it says -- the Manager says that the whole construction, soft construction and hard construction will be $93 million. That's what you said Mr. Hernandez: Correct, sir. Commissioner Regalado: Okay. I remember that when we and the Commission approved the different stadiums [sic] agreements, Commissioner Sarnoff was specific in detailing -- and it -- if you look at the minutes, it will be there. He has the minutes. Ninety-four million dollars, ninety-four million dollars. And you said -- I haven't read the minutes -- but you said, Commissioner, if we use the $94 million, we stop. We stop right there the construction. That's what I remember you said It was mentioned if we need money, the Marlins will pay for whatever -- I don't know if that's in the minutes or no. But I cannot believe that in several month [sic] $94 million has grown to $135 million. Does it have like little garage sons and daughters? It doesn't make sense. And what it doesn't make sense is $15 million in construction manager soft costs, 4 million owner contingency, 10 million owner expenses. I would totally support $73 million hard costs. Well, I don't even know if the market is in need. I mean, when you guys opened the selection committee, like 12 companies or 14 companies bid on it, so it means that people are hungry. It means that people are wanting to get a job and get a contract and a huge contract. So hard costs, fine, but owner expenses, I guess I was told that we need to pay with bonds, the bonds until the Marlins pay for the bonds. Fifteen million dollars in soft costs. I wonder how many consulting and engineering and all that is going to get awarded the contract. I'm just -- I just want to understand the amount. And by the way, Ed Marquez -- he was there yesterday too -- at the end of the conversation, said that it could be said in the resolution that the City of Miami Page 39 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Administration will not touch the general fund. Although you guys said that it's impossible, but Ed said that you have -- you can have some language saying that it's the will of the Commission that the general fund is not touched Mr. Spring: 171 let him speak to it. Commissioner Regalado: No. I mean, maybe I understood -- Ed Marquez: I -- maybe I wasn't clear. Commissioner Regalado: I'm sorry? Mr. Marquez: Maybe I wasn't clear. The -- Commissioner Regalado: You did mention -- Mr. Marquez: No. What -- the conversation we were talking about was we -- was this project -- these bond issuance doable if it was just the project revenues and nothing else. And my -- I did say that 1 did not think that that was possible that you can issue bonds just solely based on the project revenues because it's a new garage, there's no track history. Wall Street or Main Street will not buy those bonds, and they -- those bonds would not get rated. And if you were to find someone to lend you for that purpose, they would be charging you some obscene interest rates and try to get from you more revenues from other -- from some other source. We would -- I think where the confusion may have come in was when we were talking about the possibility of the general find getting hit. The way that these -- the way that we -- at the direction of the Commission -- you directed the management to structure the bond deal so that project revenues would not -- would be -- would support the debt service, and we did that. Project revenues supports the debt service on those bonds with a cushion. Those bonds get -- you know, and if those project revenues come in, there's not going to be any problem. And that cushion's enough to -- I mean, those revenues are also enough to pay for certain operating expenses after debt service. And even after that there's a cushion left over. But is there a possibility that the general fund can get hit? Yes. If you have it in the resolution and you need it to -- you need to have it in the resolution to issue the bonds because the revenue stream, like I said, is not good enough to support a bond issue onto itself. But if it's in the resolution, there will always be a risk that it -- that the general fund may get hit because it's in there. It's the same thing as if I want to be safe and I'm in my living room. I think I'm safe. If I stay there for 30 years, I should be safe. But there's a possibility I can get injured by a meteorite, floods, hurricanes, or whatever. There's always that risk. Commissioner Regalado: No. I mean, you being hit by a meteorite is less possible than Wall Street demand -- you know what happen to Harris County Houston Sports Authority. It's in the Bloomberg Report. They build the football league stadium, the (UNINTELLIGIBLE). They need to refinance one billion in debt and they need to pay $142 million ahead of schedule on bonds and interest swaps. It's because JP Morgan Chase demanded accelerated retirement of bonds that were due in November 30. So that's a common practice that has being done now in Wall Street as -- Mr. Marquez: If I may. The bond structure that's in front of you is -- the term of art is vanilla. It is straightforward. There are no swaps. It's fixed-rate debt. It has a debt service reserve in there, you know, to handle any shortfalls on revenues for a year period. It is -- for a revenue -based bond issue with a wrap around of the general government's credit, it is as vanilla as you can make it. Now -- and I don't know the details of the Harris County transaction. Commissioner Regalado: 171 give it to you. But, Ed -- and I -- you know, we've known each other -- City of Miami Page 40 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Marquez: I know. Commissioner Regalado: -- since you were Manager here and I understand But my point is not about the issuance of bonds. My point is about the amount. So I would ask you -- I plead with you to come back with a restructure package. It should be 135. Look at the minutes. Commissioner Sarnoff. Commissioner, could you yield for a sec? Mr. Hernandez: I -- Vice Chair Spence -Jones: Okay, one second. Chair Sanchez: City Manager. Vice Chair Spence -Jones: Actually, Commis -- Chairman Sanchez asked to yield his turn to the City Manager. Are you finished, though, Commissioner Regalado? Then I'll give it back to you, but -- Commissioner Regalado: I yield to Commissioner Sarnoff. Vice Chair Spence -Jones: Okay, but -- Commissioner Sarnoff. I have a suggestion, Mr. Manager; that may quell some of this. And -- because I think I know where he's going. In the minutes, it is absolutely -- Vice Chair Spence -Jones: Clear. Commissioner Sarnoff. -- replete with the 94 million, but it did say plus soft costs. Mr. Spring: Yes. Commissioner Sarnoff. So I think I know where you're going, Mr. Manager. And look, I have studied both agendas. I think the Manager would like to take back two or three statements he may have made in there because I don't think they're entirely accurate. But I think in the advocacy of things, people advocate and it's just normal human course. If you take the $94 million, Mr. Manager; and you accept that when we were discussing this, there was a debate whether it was 10 percent or 15 percent, you would arrive at $108.2 million. Interestingly enough, in your executive summary that you have provided to us, there is a total cost project of 108,190, 013 and you break it down for us. Nothing mysterious there. The thing the folks I don't think completely understand -- and I'll be candid; I didn't either -- is the fact that for approximately three to four years, this garage is going to throw off no revenue. So we have to pay for the bonds as we use them -- or actually, as we take it down to that, let's just use, for argument's sake, $108, 200, 000. So we have to factor in a little bit of money for that as well. So I actually have an interesting motion that maybe this Commission would consider. Allowing the Manager to take $115, 000 in bonds -- Chair Sanchez: A hundred and fifteen million. Vice Chair Spence -Jones: Million. Commissioner Sarnoff. I'm sorry, million. I apologize. So $115 million in bonds. Also ask him -- the resolution that we passed -- and I think, carefully tucked away -- was the Manager's ability to come before this Commission and he has the authority to let the contract out. Make the contract come before us so we can see it, and I'm speaking about the June 25, 2009 resolution City of Miami Page 41 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 carefully tucked away on Exhibit of the stimulus. There's a very small line there that says something about a -- there it is. Says parking garage. Now I didn't know that that meant that we were giving the Manager the ability to just do the parking garage. So here -- my motion is this. One, that we give him authority to let out $115 million in bonds; two, that we set the rate, the highest amount that he can pay for the non -tax -- for the non-taxable, 7.5 percent, the highest percent that he can set for the -- just the opposite, for the taxable, 7.5 percent; for the non-taxable, 5.7 percent. And that's all within the league of what you could do. And we require the resolution adopted June 25, 2009 that the Marlins garage be excluded from that and it come back to this Commission so we can look at it. Mr. Spring: Mr. Chair. Mr. Hernandez: Mr. Chair. Vice Chair Spence -Jones: You're recognized. Mr. Hernandez: Thank you. Vice Chair Spence -Jones: You're recognized, Mr. Manager. Mr. Hernandez: Thank you. Commissioner, I was ready to read from the minutes of March 19, but I don't have to. In essence, you're correct. The 94 million was exclusive of soft costs. And the 94 million is being proven to be the sum of what is called hard costs and what is called construction soft costs. You add the two together, you're in the range of 93 to 94. And there may be a confusion when we're talking about these terms that people may not understand When you call somebody to do a new roof on your house, there is no difference between hard costs and soft costs for construction. You're going to get a total construction cost that will include the materials, the labor. It's going to include the insurance of the contractor. It's going to include his profit. Everything is going to be in that price. And sometimes, I think that the terms are used in a way that people that are not familiar with this lingo get lost in. Hard costs plus the soft construction costs is the 93, 94 million. On top of that, you add the 15 percent, which is the owner's expenses, like the design costs, like our project management, like insurance, et cetera, et cetera. You have an owner's contingency of 5 percent of total construction costs. It brings you to 108 million. Now from 108 million up, we need an 11 million amount for debt reserve. That gets me to 119, in that range. And then we have financial costs associated with the closing. The number that we actually estimate is 123 million that is based on a -- I think, on a blended -- and here I may be getting into an area that isn't my expertise. But it's based on like a 5 percent for the tax exempt and like a 7.4 for taxable. And that's how you come up with the 123 million. The CFO was asking for an up to authorization of 135 million to allow for the fluctuations in the market of like 200 basis points, which is very conservative. I, rather than have an authorization of 115, think it should be, at minimum, 125. The numbers do show that that's what it ought to be based on 5 percent for the tax exempt and 7.4 for the taxable. And also, in closing, for the audience and for all the people that are listening, this is still a hell of a good deal for the City. You realize that we're building four parking garages that are being paid by somebody else, that are being paid by the Convention Development Tax. It's being paid by the County, and it's being paid by the Marlins over the 30 years. We have a collateral, which you need to have in every type of transaction that is actually where you have the non -ad valorem City contribution, if need be. However, unless the County fails, unless the team fails, we have no impact to our general fund whatsoever and we get this job done and we get profits on top of that because there is a cushion involved in those runs that they have done. So overall, it's a good deal. Vice Chair Spence -Jones: Larry, you're recognized Mr. Spring: Thank you, Madam Chair. Commissioner, with regards to what you're putting out, I think in the Exhibit A that we provided you in the briefing, there's a rundown of the uses. We City of Miami Page 42 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 have, like you said, the 108 -- 19,000 in project proceeds. The debt service reserve, which is a requirement of the structure as it is today, would be 11.5 million. The capitalized interest, which he spoke about, which is 4.6 -- then you have underwriters' discount, the issuance cost, which are -- add up to another 1.2 million. All of those added together get me to 125. So if you don't even authorize that amount, we can't even do this deal as structured. Commissioner Sarnoff. Well, Larry, I could argue -- and I don't want to do this 'cause I don't want to embarrass anyone. I mean, some of these $10, 901, 650 in owner expenses -- I mean, I can embarrass you if you want. They're embarrassing. Mr. Spring: Commissioner -- Mr. Hernandez: Some of the numbers, I agree, are conservative. Commissioner Sarnoff. Right. Mr. Hernandez: We like to be conservative. Commissioner Sarnoff. Well, okay. All right. You want me to do it? Let's see. The office expenses, $150, 000; project manager, $1, 957, 500. I mean, Pete, this 10 million's not an authentic number. And there's a $2 million owner insurance expense that is duplicated again on the construction manager soft cost section. You know, I think what the citizens -- look, there are those that don't want Marlins Stadium and that's one vein. And then there's the reality that we've made a contract. All people are asking, I believe, is to rein you in and keep the collar on as tight as possible. That's all. And for every -- you know, think about where we've been in the past two weeks. Two weeks ago, we were sitting here with Commissioner Gonzalez looking for a million dollars. And he was like, I think I found a hundred I think I found one fifty, and I think 1-- you know, and there's -- and then there was Commissioner Spence -Jones saying, come on. There's got to be $40, 000 more. And when we come to talk the Marlins, it's like, you know, Commissioner, I'm at 123, but 127 would feel so much better. Let's stick with what we -- let's cut it to the -- you know, Pete, you know you can always come back to this Commission. In the nexus of the build, you'll have a whole new Commissioner. You may even have -- well, you will have a new mayor. And you can come to us and you can say, we're $5 million short and we need -- or even you're 10 million short. And I'm sure you'll get chewed on why you're 10 or 5 million short. But I think the demands of what we've been through in the past two weeks -- you know, I remember Commissioner Gonzalez over there -- he was looking for tens of thousands of dollars. And we all know what Spence -Jones did up here. And yet, we're talking millions like it's a couple bucks. Vice Chair Spence -Jones: Okay. Commissioner Sar -- Sanchez -- Chair Sanchez: Yes. I would -- Vice Chair Spence -Jones: -- I know you need to be recognized Chair Sanchez: -- yield to Larry, and then I'll say what I have to say. Vice Chair Spence -Jones: I do have a comment, too, after Larry 'cause everyone has had a -- oh, you -- do you have a comment to make after Larry? Chair Sanchez: Yes. Vice Chair Spence -Jones: Okay. Mr. Spring: Commissioner, if you would indulge this request then. And I understand about the City of Miami Page 43 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 cost. And, yes, at the last Commission meeting, we bought the OCIP (Owner -Controlled Insurance Programs), which you yourself praised and we know we're going to have reductions in cost. Our estimate is exclusive of that. Commissioner Sarnoff. I know. Mr. Spring: So what 1 would like to recommend is if you will go ahead and approve at least a 125 million par amount. We're going to have to reduce our project proceeds. And if we don't make it to your -- the way you're laying it out, we'll have to come back for a completion bond authorization. Commissioner Sarnoff. See, I would much prefer to go 120 and make you come in front of us. And I think we've really done our job. Chair Sanchez: All right. Before -- Larry, before we put any motion -- Vice Chair Spence -Jones: You're recognized. Chair Sanchez: Well, there was a motion and a second just to get things a little back in -- Vice Chair Spence -Jones: Cleared up. Chair Sanchez: -- order here. So there was a motion and a second. I'm not chairing. You're chairing the meeting 'cause I second it. I'm going to withdraw my motion. I think that there's -- Commissioner Sarnoff Withdraw your second Chair Sanchez: I'm sorvy, my second. Commissioner Sarnoff Right. Chair Sanchez: You're going to amend your motion? Vice Chair Spence -Jones: You just proffer -- Commissioner Sarnoff I'll amend my motion. I'm going to -- as stated with the amendment of $120 million. Commissioner Sarnoff All right. I will second that motion. Vice Chair Spence -Jones: Actually, I have an amendment to his motion. Chair Sanchez: Okay. Now -- Lave, do you want to put something on the record? If not, I'm going to speak. Mr. Spring: After you -- I mean, I do have a lot of objections, obviously, with relation to how the deal is structured but, you know, I'm trying to lay -- you asked me once to pour cold water on you ifI saw you going down the wrong road, and I'm trying to do that for you, Commissioner. Commissioner Sarnoff. This is it? You want to pour some cold water on me? Mr. Spring: Well, with all due respect, obviously, Commissioner. We have laid out a deal structure here. Again, our FA (Fiscal Analyst) has explained it's a vanilla structure. Yes, there is capitalized interest. There is a covenant to budget and appropriate to -- as a secondary pledge. And for the record, I did state that when we approved the Marlins deal back -- a year City of Miami Page 44 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 ago, if you will, or longer. With regards to the covenant to budget and appropriate, it states in the documents that it is for legally available non -ad valorem revenues after satisfying funding requirements for obligations having express lien or pledge of such revenues and after, more importantly, satisfying funding requirements for essential government services of the City. So, you know, the issue of the hit to the general fund, this covenant does not -- would require us to pay our essential operating expenses before. With regards to your recommendation -- and I do understand when you see the delta between 94 and 135 because in the minutes we did -- it was very clear. The Manager said it, you said it, exclusive of soft costs. And I went back over the minutes, as you did, as your staff did, and it was clear. We have met that requirement based on the project cost that you see in this structure. To go below what you -- what we presentee, in my opinion, puts us in a situation where we will be knowingly going below -- at the numbers we have today -- that estimate. I guess my best recommendation again is if you will allow that 125, as you see written out here. We will adjust our project proceeds amount down, and I think, in liking what you're saying, we need to negotiate these costs lower and the room is there in the insurance and the other things. But that debt service reserve, that 11 million, it may -- it will go -- it probably will reduce based on this change, but it still will be there. The other thing we can do with regards to the debt service reserve is, if allowable -- Commissioner Sarnoff Take it in tranches. Mr. Spring: Well, no, no, no. Do a surety basically by an insurance vehicle that is much less in cost. You don't have to set aside the 11 million if we can, if the market would allow us to do that, which would reduce the par amount associated with this bond. Commissioner Sarnoff Will the $120 million affect your interest rate as the bond market views it? Mr. Spring: No. It -- the interest rate that we've laid out here -- Commissioner Sarnoff. No. I didn't think it would either. I just wanted to hear you say it. Mr. Spring: Yeah. It would be the same. Commissioner Sarnoff. Okay. Mr. Spring: So all I'm asking for that -- at least give me the 5 million. We'll make these adjustments to the project costs, and then if it comes out, it does. We also have in here there are -- there's an authorization for completion bonds, which is what you're -- what you're technically recommending is if we're over, we have to come back and that -- there is a 10 percent -- Commissioner Sarnoff. Well, there's a contingency already factored into this which, if you're good at what you're doing, you're still below the 120. Mr. Spring: Correct. Commissioner Sarnoff. I got to tell you, Larry I hear what you're saying, but I got to tell you -- and I would recommend to this -- my fellow Commissioners, put the 120 leash on them. It's a little tighter than he wants. He can do it. And if he can't, he comes back asking for three or four million. And -- there's the Manager. You want the water? Mr. Hernandez: No, sir. Vice Chair Spence -Jones: You're recognized, Mr. Manager. Mr. Hernandez: What I'm saying is that1'll accept the challenge -- City of Miami Page 45 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Madam Chair. Mr. Hernandez: -- at 120. Vice Chair Spence -Jones: Okay. All right, so I -- Commissioner Sanchez, do you want to yield to Gonzalez? He's asking to yield Chair Sanchez: I would yield to Commissioner -- Commissioner Gonzalez: I just have one simple question. Larry, Mr. Manager, I just have one simple question. Every time you come here with a proposal of spending millions and millions of dollars and you find a tough position on the City Commission and the City Commission says no, you promise to negotiate and go back and reduce costs. My question is, why don't you do that ahead of coming to this Commission and save yourself the aggravation, save us the aggravation? Everybody be happy; you be happy, the Manager be happy, the Marlins will be happy, the baseball players will be happy. Everybody will be happy. But you know what? I think it's very simple. If anybody says $20 million to say how much do you say the project manager is going to make in building this garage? Over a million dollars? How long is that construction going to last? Mr. Hernandez: It's about 24 months, two years, plus or minus. Commissioner Gonzalez: One million dollars -- Mr. Hernandez: Right. Commissioner Gonzalez: -- in 24 months. Can I get a part-time job as an assistant to that project manager? I'll settle for $75, 000. Mr. Hernandez: We're talking about a number of people over two years. And we also have, you know -- Commissioner Gonzalez: Settle for 75. Still, he's going to make $925, 000 in a year and a half. I mean, you know, it's like Commissioner Sarnoff says. You know, two weeks ago we were fighting in here to find $10, 000 to save somebody's job. And today, we're throwing away millions. I wonder how are those people that lost their job -- Commissioner Sarnoff Feel. Commissioner Gonzalez: -- got to be feeling now watching this on television and saying, my God, these people put me in the middle of the street, took away my salary, and they pissing away millions of dollars. Commissioner Sarnoff And now you know why -- Commissioner Gonzalez: Let me tell you. Commissioner Sarnoff. -- you get paid -- Chair Sanchez: All right. Commissioner Sarnoff. -- the big bucks. Commissioner Gonzalez: You guys put us in a real, real bad position. And you know what? It happens over and over and over and over and over. I mean, you know, you should -- I mean, all City of Miami Page 46 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 of you have been here at least seven years, eight years. You should have had the experience of negotiating or looking at the cost and working with the Marlins owners, working with the developer, working with the construction company, working with everybody and saying, you know what? This is not going to fly with the City Commission. Because 171 tell you what, there isn't those many stadiums going up anywhere. There isn't those many buildings going up anywhere. There isn't any of those single-family homes being constructed anywhere. So any of those people that are going to be having a job and are going to having a business building this stadium, they should be thanking God every single day and thanking the Florida Marlins and thanking the County Commissioners and thanking the City of Miami Commission and the Managers and the staff and everybody. You know, it's time to sit down with these people -- let met tell -- I'm going to give you a perfect example. We have budgeted -- and I have Robert Fenton here -- $6 million to build the clubhouse at Melreese Golf Course, and we end up building it for $4 million, okay, and saving $2 million on a real small building. So don't tell me that there is a lot to be saved on this parking structure. There is a lot to be saved. Mr. Hernandez: And Commissioner, we have the same people. Mr. Fenton will be in this project. He's our key person there. We always like to be realistic on our estimating. I think that we have good numbers, but we want to be able to save. Our plan is always to save from that position down and be able to get it done for less. And I think that the potion that I'm accepting here today, which is the challenge that 120 million, I think, is a challenge. I think it's going to make us even be more creative -- Commissioner Gonzalez: Listen -- Mr. Hernandez: -- but I'm accepting it. Commissioner Gonzalez: -- I accept that, but do you know how bad it feels for the public that months ago when we discussed this, it was publicized on -- because I saw it in every TV channel, okay, Spanish and English, newspaper, radio, everywhere. The parking lot has been approved for the Marlin [sic] Stadium at a cost of $94 million. How can we tell the public now that instead of $94 million, it's going to be, at the end of 30 years, $250 million? How can we tell that to the public? Mr. Hernandez: Because, in essence, Commissioner, you're financing it, the same way that when you buy a house, you end up paying two or three times the value of the house when you bought it. However, you have to go back to the understanding here that this will be covered by the CDT and by the Team over that period. Commissioner Gonzalez: But it doesn't matter if it come from the CDT or from the CCC or from the CBS or from -- it's taxpayers' money. It's money. It's public money, you know. It doesn't matter what account it come from. It's public money. I mean, you know -- and how can I tell the -- you know, I'll tell you what. I feel sore for those elected officials that have to be reelected and that have to face the public and tell them, you know what? I told you the parking lot was going to cost 94, but now it's going to cost 150. Vice Chair Spence -Jones: Larry, can you clear up one thing that was actually said regarding -- something that Sarnoff just mentioned regarding the issue of funds being used for salaries? And I believe he also mentioned it, Commissioner Gonzalez. I thought we could not use these kind of dollars for salaries. Mr. Spring: You cannot use bond proceeds to pay salaries. Those are project costs. I know you -- it relates to a person being in the field, a construction worker, but we're not paying -- you're not paying my salary. Commissioner Sarnoff. Well, that's not exactly correct. City of Miami Page 47 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay, just -- let's be clear. Commissioner Sarnoff. There is a line item -- project manager, field supervisor, administration - Mr. Spring: It is -- Commissioner Sarnoff. -- $1, 957, 500. To be completely frank, that is being factored into the Marlins number, just to be completely frank. Mr. Spring: And to be completely frank, that -- the way you're interpreting that, it is a project cost. We can't use bond proceeds for working capital pur -- Commissioner Sarnoff. Whoa, whoa, whoa. Mr. Spring: -- tax-exempt bond proceeds for working capital purposes. Commissioner Sarnoff. That bond proceed will pay a man's salary, maybe not -- maybe a little more than Commissioner -- Mr. Spring: It is paying a project cost. Yes, Commissioner. It is -- Commissioner Sarnoff. Okay. Mr. Spring: -- a project cost. It's -- I know it is a -- Commissioner Sarnoff. Bill Clinton would have loved you. Is, is. Mr. Spring: Bill -- Vice Chair Spence -Jones: Okay. All right, so Gonzalez -- Commissioner Gonzalez: I'm done. Vice Chair Spence -Jones: -- he's done. Mr. Hernandez: Just a quick statement reference to a comment that Commissioner Sarnoff made with respect to the CM (Construction Manager) -at risk contract. I want to put on the record that I will be bringing that item back to Commission for your approval. Commissioner Sarnoff. So the parking garage contract will come before this Commission? Mr. Hernandez: Yes, sir. Commissioner Sarnoff. I'm going to leave it as part of my motion 'cause I think I left three parts of my motion. Mr. Hernandez: Right, but -- right. Commissioner Sarnoff. Okay. Vice Chair Spence -Jones: Commissioner Sanchez. Chair Sanchez: Vice Chair, thank you so much. City of Miami Page 48 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Hernandez: It is the award of that -- the result of that selection process that will be coming with my recommendation to you for approval. Chair Sanchez: Look, there are two issues in front of us here. One is the contract in itself which is a reality -- the contract is a contract. That's the deal we signed. That's the deal we agreed on. And the last thing that I think this legislative body, this Administration wants to do is breach a contract because I am very concerned, based on the equitable -- equity that was talked about, you know -- the process that we have here is the bond issuance. And if you look at it, I think that the responsibility that we have, as was stated before, is to gain some control of the Administration how this needs to be done. And I think that we can direct the Administration to negotiate the cost down. That is within our purview to do. What we cannot do now is to go ahead and modify that contract in any way because then we put this City in liability. And we could pay it two ways. One, we could pay it by issuing bonds, or we could sue. We get dragged out and then we fall in a situation where, one, we might have to end up paying the money out of our general fund to settle this lawsuit and that worries me. The other thing that worries me is the perception that this city will be sending in the future to anyone that wants to come in and partner up with the City to build projects for the city to move this city forward We'll go back to the reputation we had many, many years ago which nobody wanted to do business with the City of Miami and that really concerns me. I think the issue here is the path we need to take, which is a right path, is the one that we have taken, which to ask the Administration to negotiate a better deal on the bond issuance, that's it, on the bond issuance, which the Administration has agreed to $120 million. Now I think, Larry, this could have gone much smoother if it was explained better. Because the bond that you set up was for $135 million, okay. Mr. Spring: Up to. Chair Sanchez: Up to $135 million. And that, of course, is to cover the higher interest rates when it goes to the market, okay. But also, the actual figures could also be less and it was around $10 million less. Mr. Spring: The actual figures on the project cost, 108. But again, those are the estimates that we have at this time so -- Chair Sanchez: But it could have been less, okay? Mr. Spring: It could have been less. Granted. Chair Sanchez: So you set the 135 being flexible? Mr. Spring: Yes. Chair Sanchez: Now the one thing that I think is very important to say is that this does keep the cap of spending $94 million on the parking garage construction. Is that a correct statement for me to make? Mr. Spring: That is a correct statement -- Chair Sanchez: Okay. Mr. Spring: -- even at the 135. Chair Sanchez: The construction cost total just under $74 million, correct? Mr. Spring: Correct. City of Miami Page 49 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Chair Sanchez: Okay. So if we were to go with what has been proposed, which is $120 million, which I think will possibly get the votes, does the Administration feel that they could work with that? Mr. Hernandez: Mr. Chairman, I accepted the challenge and we're going to do our utmost in making it work at 120. In the event that it doesn't work at 120 for some reason, then I'll bring it back to the City Commission. Chair Sanchez: Okay. What happens if it doesn't work at 120? Mr. Spring: May I? The deal -- in order to meet the 120 million par amount, we're going to have to reduce our estimate of the project cost, without regard to how -- where we land on the negotiations, so we're just going to back into that number. So you're going to get -- we're going to go to New York -- and actually, I invite all of you to join us on December 3, if you'd like to sit at the trading desk, and we'll get that -- we'll get the deal done. We'll have the projects proceeds that whatever that dollar amount is and we'll come back -- if the project costs are -- Chair Sanchez: Higher. Mr. Spring: -- more in line with the estimate that you have here, then we'll have to come back to Commission. The other thing I think, Commissioner, we need some more room on the interest rate because the number that you capped us at is the number that the market is as of -- actually, as of October 7, so -- Commissioner Sarnoff Well, I'm keeping it on a tight leash, but if the seconder would accept, 171 change the taxable rate to 7.7 percent and the non-taxable rate to 5. 7 percent. Mr. Spring: Can you at least give me a 100 basis points? Commissioner Sarnoff No. I gave you 200 basis points. Mr. Spring: On -- no. You said the taxable is seven what? Commissioner Sarnoff Seven point seven. Mr. Spring: That's the -- that's where it is now. Chair Sanchez: That's what it is now. Commissioner Sarnoff No. It's at 7.4 right now. Mr. Spring: So you're giving me 30 basis points. Commissioner Sarnoff. Right. Chair Sanchez: You would feel safer with 100? Commissioner Sarnoff. Larry, you're ask -- you realize you were asking for 9.5 percent? Mr. Spring: Yes, I did, Commissioner. Commissioner Sarnoff. I got to tell you, Larry, there isn't a person in this room that would finance their house at 9.5 percent. City of Miami Page 50 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: Commissioner, it's an up -to amount. I ask -- I didn't ask for the 200 basis points. I sat here just now and asked if you could give me -- Mr. Hernandez: Seven point ninety? Mr. Spring: Give me a hundred basis points. Make it eight four. Commissioner Sarnoff. You know, you sound like the County Commission, which went out with the intention of 7.5 percent and came back with 9.1 percent on one of its bonds, unable to finance $6 million, which then the Marlins ended up ponying up the $6 million. Mr. Spring: Commissioner, I'm just -- I'm, again, asking for some interest rate flexibility. We're going to be in the middle of a deal changing maturities, trying to get a deal done. You are very cognizant of how the market works. And 20 basis points or 30 basis points may not be enough room and we'll be -- we would have spent, you know -- actually, the cost won't change, but we would have gone up, spent all this time and have to come back because we're not in the box. The -- all I'm toying to say is the box is a little too tight. Chair Sanchez: Eight point four? Eight point two? Mr. Spring: I'm ask -- 100 basis points on each, if you would please, sir? That's -- I'm actually begging you for -- Commissioner Sarnoff. So you're asking for 8.5 percent and -- Mr. Spring: Eight point four on the -- Commissioner Sarnoff. -- 6.5 percent? Mr. Spring: -- taxable and six point five on the tax exempt. Chair Sanchez: All right. I would -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- accept it as the second Commissioner Sarnoff. I'll accept it. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. So the maker of the motion and the second accepts that modification, Madam Clerk. Vice Chair Spence -Jones: Okay. I actually have comments to make. Yield to you again, Commissioner Regalado. Let me -- I've just been listening to, you know, the discussion back and forth on this overall issue. And I can tell you, Larry, from me originally being briefed by staff on this issue, the concern I had originally was around the recovery zone issue. And I have a big concern with using, you know, these type of bonds that are now coming down which are incentives that hopefully or should be -- I'm assuming the reason why the President even made them available is so that it could benefit many of the residents and constituents and communities that we represent. I have a huge, big problem with even thinking about using recovery zone allocations for a Marlins garage. Clearly, I mean, in each one of our districts, when I start looking at what the monies can actually be used for -- and it says here -- it's very clear, so it's not like we don't know what it could be used for. But it says public infrastructure, construction City of Miami Page 51 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 of public facilities, job training and educational facilities. I mean, the list goes on of the things that we could use the dollars for. And every single last one of us sitting up here could use those dollars to support -- Let me finish. I didn't say nothing. I let everybody talk. And to know that that would even be a thought is -- to me, is crazy, you know. I can just say alone in my own district, you know, I would prefer to use some of these recovery dollars -- and I'm say -- and again, I want to be clear. It's not dollars, it's incentives. Because I think that also is another thing that's confusing a lot of people. But I would rather use my incentives or our incentives for like, for instance, the University of Miami Biomedical Center. I would rather use it for that, which means more jobs, which means better paying jobs. I would rather use it for that. I would rather use it for the Miami Works Training Job Center that we've created in the heart of Overtown, okay, that could make sure all these mega projects that people are being hired for at least people have the opportunity to be trained and work on them. I would rather use it for the business center that I'm trying to create in the heart of Liberty City so that my businesses now have the ability to become strong and move out of incubators and create their own businesses or the Little River Industrial Park that I have in my district where there are so many other things that are happening over there. So when we start talking about recovery zone issues -- and I know that this is what this money is supposed to be used for -- I just can't even -- I can't even swallow, you know, no Marlins Stadium garage. So for me, the only -- you know, the main reason why I would not support it would be based upon the recovery zone bonds being used for that. So if that is going to be an option, then it's going to be absolutely no because we all want to use it for something else. Let me finish. When I start listening to Commissioner Sarnoff and Commissioner Gonzalez speak about how we were -- all were fighting to try to find monies to save jobs, to save programs, to save parks, you know, it is -- to me, it's disheartening to hear just all of the hoops that we would jump, all of the, you know, tables that we would turn over to try to figure out a way to make this particular deal happen but we could not do the same thing to save lives. And I know that you guys always say -- I know there's a feeling, oh, here go Spence -Jones again. But I offered Mr. City Manager, about the garbage trucks. Let me give you a perfect example about how things work. Let's see if there's a way, if we could save the part-time Solid Waste workers, if we could, you know, save some of those dollars by leasing it over a certain period of time. I could keep some of those part-time Solid Waste workers on, which was only about a half a million dollars. I could continue to have arts in park space programs. Then the response I get back from the Administration is, Commissioner, we can't do that because, you know, for whatever reason, we don't think it's a good deal. You know, it needs to be paid -- in the end, you have to pay more money in the end for the garbage trucks over a certain period of time, seven years or so. And I'm like, well, in seven years, you know, hopefully, we'll be out of the situation that we're in but at least we're saving people. At least we're, you know, doing stuff for our district that makes a difference. I -- it's just very disturbing to me to sit up here and listen to us justify going from $94 million to 125 to 135, haggling over this amount when we couldn't haggle over people, you know. So I am, you know, more and more and more -- you know, I'm becoming very disillusioned with what's presented in front of us because clearly -- and I read the paper and I understand what Commissioner Sarnoff has said, which is absolutely true, you know, based upon what my City Manager is saying is that it was always very clear that the amount would rise from the $94 million. I'm going to be honest with you. Every briefing that I've been in, nobody ever told me that. And I'm going to be honest with you in sitting here listening to this presentation today, this afternoon, I wish I would have had the same type of presentation that you guys are presenting to us right now telling us that it's going to go from 94 million and maybe possibly going to 135 million. You had to knew it back -- you had to know it back them. Let me finish. And if you didn't know it back then, then I got a problem with that, Mr. Manager, because how could you sit up here and allow for us to vote on something, you know, for a certain amount of money and not be very clear of what the options were outside of the 94 million? Be very clear, just like you're being very clear why it's important now. It's almost like you want to get our support to move the project so that you can come surprise us with something else. And quite frankly, that's the other reason why this other item that's on the agenda today for the Marlins Stadium, you know, I wanted to defer until after lunch because I don't want to have all these different surprises every time we go because this is exactly what the public was saying was going City of Miami Page 52 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 to happen the first time, you know. You're going to say one thing and you're going to do another. And quite frankly, I don't wish to be a part of it. And I don't -- yes, I'm very excited that I'm going to have 3, 000 jobs happening in the heart of Little Havana at the new stadium. I think it's great for the whole entire city and I support that 100 percent. What I don't support is it -- we're playing the flip game. One minute it's this and one minute it's something else. And then we're set -- we have to sit up here and digest it. It's wrong. And then beyond all of that, if it's 94 million and we know that there's going to be a gap -- I mean, at the end of the day, other people have to start taking responsibility in this situation. We've done a lot. And I know you keep saying, well, the City hasn't -- really don't have a lot in this deal. You're right. Maybe we don't have as much as the County may have in the deal, but we are losing something from it one way or the other. Eventually gaining, but the reality is we got to service our neighborhoods now. So I want to be very clear on the record now. I don't want one penny, one quarter, one nickel, one piece of lint from the recovery zone dollars to go towards the Marlins Stadium, period. The monies that -- if we're going to have -- I understand that we have an obligation and I've heard my fellow colleagues that we don't want to put ourself [sic] in a position where we're going to be suet, totally understand it. But why should we give our incentives that we get from the federal government that can benefit our neighborhoods to one project when we have a million and one other projects? I know Commissioner Gonzalez got to have projects in Allapattah that can benefit or from the medical center that can benefit from it. I just -- I think that it just needs to be very clear on the record because these three items -- and Commissioner Regalado stated it earlier -- they all kind of travel together, and they're traveling together because the whole option is to be able to use these dollars. And I just want to be very clear and I want Commissioner -- I would like to have Commissioner Sarnoffs support, you know, and Commissioner Sanchez's support that we're very clear that the recovery dollars cannot be used for this and that it should be used for the neighborhoods 'cause I believe that's what the President intended for it to be used for. So that's my biggest issue. I would like to have that added to the overall legislation so that we're clear that it will not be used for that. And then, in closing, I have a big concern -- I'm going to tell you. I have a big concern when the deal is constantly changing. And I know that you guys -- and I see the look on your face, Pete, but the reality is that it is changing. It is changing because you guys have a responsibility to make sure it's very, very clear to us when we sit up here. Don't say $94 million and then, oh, yeah, it may be an extra blah, blah, blah, you know, quietly, you know. Because, you know, I would rather have all this discussion in the very beginning. Just like you're very clear now, Mr. Manager and Larry, that, you know, it's going to -- we need 135 million or whatever extra, why couldn't you be that clear when you were trying to get it passed the first time, okay? And we all -- Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: -- knew that we were going to be floating bonds on this issue. Did we not know we were going to be floating bonds on this issue? Mr. Hernandez: Yes. Vice Chair Spence -Jones: So -- Mr. Hernandez: From day one. Vice Chair Spence -Jones: Okay, so don't huff and puff now. The question becomes, if you knew that it was going to be a little bit higher than the 94, why didn't you make it absolutely clear then when you were briefing all of us privately and when you got out here and for us to vote on it? Why? Mr. Hernandez: Commissioner, the whole plan was obvious from day one that we will have CDT and we will have the Marlins paying for the spaces as the pledges in order for us to bond to have the monies to build the parking structures. That was clear from day one. It was discussed back City of Miami Page 53 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 in March and it was there on the record, explained by Larry and by myself. Vice Chair Spence -Jones: But I'm going to be -- Mr. Hernandez: So -- Vice Chair Spence -Jones: -- very clear with you what was not clear. And every single last one of these Commissioners are sitting up here and we all agree -- look, we have an obligation. We don't want to be sued. We have to do what we have to do, but the reality is what you presented, you presented 94 million. Yes, you may have said, yeah, they're going to be some soft costs, but my goodness. Soft costs is going to cost us that additional amount of money? And guess what, if that is the case and you did know that then, I want to understand why didn't you communicate it? Why were you not clear about it? And I'm expecting for my Manager, I'm expecting for my CFO to totally explain that. I don't want to be dealing with it the clay of -- today 'cause we want to move the recovery zone and everything else. I mean, I just have -- I have a huge, big issue with how we're doing things. And I know for a fact we're going to have -- this contract with the Marlins Stadium, there're going to be many other times before it's built that they're going to come back with something else and you're going to expect for us to make the same type of decisions and then you're going to throw in our faces, well, if we don't do it, we're going to get sued and then we're not being responsible. Well, you know, after a while, you have to learn how to just cut, you know, the baby off the -- you know, 'cause after a while, it's just -- they have to take responsibility in some of this. They do. And quite frankly, I don't agree with going higher than the 94 million. Now I understand that Commissioner Sarnoff is saying, hey -- I mean, I don't even want to say the 120, but I'll say it because he's the only legal mind, at least on this side of the thing, that is at least communicating to us, hey, guys, this is something we need to consider; so I want to respect that, you know, but at the end of the day, you're going to tell me 120 --120 million today, and I'm willing to be you it's going to be something else on this contract that's going to have to change, and then you're going to really see me upset. So I just want to be clear, if you don't mint, on the motion for us not to include the recovery zone dollars as a part of this. I know that it's a separate item, but I know the whole purpose of -- in my briefing -- I don't know what briefing you guys got. In my briefing, it was communicated that the reason why these other two things were traveling is because they wanted to use this as an opportunity to, you know, use it for the garage and the stadiums. And I'm saying right now I don't agree with that. If we're getting money from the federal government and it's for recovery zone, I'm sure Little Havana needs it. I'm sure -- Commissioner Sarnoff. We're not -- but we're not getting money. Vice Chair Spence -Jones: Not money, incentives. Commissioner Sarnoff. Right. Vice Chair Spence -Jones: Okay, let's be clear. Incentives, okay, which equates to -- whatever way you want to say, it equates to money in the end I would prefer the incentives to be used for our neighborhoods. That's what it's supposed to be for, you know. So that would be the only thing that 1 would ask for you, Commissioner Sarnoff -- you did -- or I guess -- Commissioner Sarnoff. No. I -- Vice Chair Spence -Jones: -- the seconder would have to do it -- is to make sure that those recovery zone dollars would not be used for anything else but what it was originally intended for. Commissioner Sarnoff. And I understand what you're saying. I think it's going to have a financial impact, so let's hear what it is. City of Miami Page 54 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: There was -- if you will, Mr. Chair. Chair Sanchez: She's chairing. I second the motion. Mr. Spring: Madam Chair, I'm sony. With regards to the uses, you are correct. The recovery zone economic development bonds can be -- allocation can be used for those uses that you explained on the record For this deal, we're tapping into the allocation under the recovery zone facility bonds, okay. I just wanted to make that clear. Vice Chair Spence -Jones: And we all have facilities in our district. Mr. Spring: No, I understand Vice Chair Spence -Jones: Okay. Mr. Spring: The other portion about this is in order to tap into this volume cap allocation, you have to be issuing debt in order to take advantage of it. I knew in CRA we are going to be issuing debt there, but as of right now, I don't -- we don't have a bond deal in play for the other areas of the City and these allocations have to be used by December 31, 2010. So we have a very small window to use the allocation, which were all of the factors that went into our -- Vice Chair Spence -Jones: But Larvy -- Mr. Spring: -- recommendation here and I understand what you were -- Vice Chair Spence -Jones: -- let me just say this. For me, it's -- it goes back to that original park issue that we had earlier. You know, you don't know what's going on in our districts, not on that level. You don't know if -- you don't know whether or not in each one of our districts or one of our districts we may have a project that might be able to accommodate the use of it. And it seems like every time it's time that the Administration wants to get something done, it's like we're at the end of the road so we have to make a decision quickly. I want to know when are we going to start getting things in front of us that we don't have to make decisions in the next 60, 90 days? It's always the last minute, and it's not like you didn't know it before. That's why originally when I talked about this thing, I said, how long have you known -- have you guys known we had the recovery zone thing coming down. You said, what, almost nine months ago, six months ago or so. So when you knew that was happening, okay, why wasn't there a conversation had with the district Commissioners to say, hey, is there a project happening in your district that maybe there's a public private partnership that we can use these dollars for? Why does it have to wait - - why do we have to wait 'til we get down to the last 90 days before it's too late? It almost feels intentional. You know, I'm just -- Mr. Spring: I'm saying you have another year. But with regards to the financial -- Vice Chair Spence -Jones: I'm done. Mr. Spring: -- impact -- Chair Sanchez: All right. Vice Chair Spence -Jones: We can vote. Mr. Spring: -- if we don't use it -- Chair Sanchez: All right. Call the question. City of Miami Page 55 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: Well, I need to put this on the record. If we're not going to use it -- and understanding the Commissioner -- then we would ask that you increase that par amount from 120 -- Commissioner Sarnoff.. Let me ask the question -- and this goes to the Manager and anybody else who'd like to have a say-so. If we don't use the six point -- philosophically, I agree with Commissioner Spence -Jones. However, philosophy being what it is, it's going to yield to practicality. And yielding to practicality means six point -- $6, 210, 000, do you have a facilities project in the City of Miami that is going to be bonded before December 31, 2009 [sic'? Answer yes or no. Mr. Spring: Yes. Commissioner Sarnoff.: Okay. Why then --? And do you have other adequate funding other than this $6, 210, 000? Mr. Spring: It's going to be the CRA bonding that is forthcoming to this Commission that the Commission knows we're working on. So it is the CRA bonding that we're planning on bringing. Commissioner Sarnoff.: Well, let -- Mr. Spring: There are going to be taxable pieces associated with that and I wanted to save those -- the remaining allocations for those purposes. Vice Chair Spence -Jones: And I'm not trying to take anything from the CRA. I definitely -- Mr. Spring: I know. Vice Chair Spence -Jones: -- we definitely want that to be there. That's not the issue, Larry. Mr. Spring: No, I know. I'm just -- Vice Chair Spence -Jones: I just -- you know, I mean -- Mr. Spring: -- I'm -- in answering -- Vice Chair Spence -Jones: -- I just -- Mr. Spring: -- his question. Commissioner Sarnoff.: Well, there is $18.1 million -- Mr. Spring: Right. Commissioner Sarnoff.. -- in two types -- Mr. Spring: In two different types. Commissioner Sarnoff.. Right. My question to you is, this -- let's call this the banana. Mr. Spring: Okay. Commissioner Sarnoff.. This banana, this 6,210,000 banana, can we use this banana anywhere else and will you have a use for it prior to December 30, 2009 [sic'? City of Miami Page 56 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: The general answer is yes, you will. In the CR -- the next bonding issue that I know we have already in play are the two CRAs. There will be taxable uses there that we can apply those incentives to, so the answer is yes. Vice Chair Spence -Jones: Can you also ask him to expand on --? 'Cause I know that at one time through CIP (Capital Improvements Program) we talked about some additional bonds also being floated for other things, like parks and facilities. Has that changed now? 'Cause I know we all got parks in our district that need -- that was communicated. Commissioner Sarnoff. Well -- Mr. Spring: I communicated that we were going to be issuing another bond for parks? Mr. Hernandez: Mr. Chair, with respect to this savings, the savings is that for that six million, which is taxable, if we use this vehicle, we're able to sell the bonds at a tax-exempt rate so -- Commissioner Sarnoff. No. It's a tax savings to the citizens that are paying for it. Mr. Hernandez: Right. Commissioner Sarnoff. My question -- and I'm not -- and maybe I'm looking for an answer and I shouldn't be 'cause with this City, maybe you shouldn't look for answers, only questions. You have $18.1 million. It is -- somebody help me out -- October 20, 2009. Mr. Hernandez: Right. Commissioner Sarnoff. Trust me. For this City to get a bond out, you would have already been working on that since July. Mr. Hernandez: Right. Commissioner Sarnoff. How many bonds you guys working on right now? Mr. Spring: We're working on street bonds, this bond, and the two CRA deals. Commissioner Sarnoff. Okay. Do you need to use the $6.2 million for the CRA? That's a funny question. Mr. Spring: It is. Commissioner Sarnoff. It's a discretionary question. Do you intend on using the 6.2 million? Mr. Spring: We did not intend on using that 6.2 million for the CRA. Mr. Hernandez: The remaining. Commissioner Sarnoff. How much leftover is there for the CRA, which --? Mr. Spring: It'll be five million and some change of the recovery zone facility bond cap -- Commissioner Sarnoff. Okay. Mr. Spring: -- and the entire seven million of the recovery zone economic development bond cap. City of Miami Page 57 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff.. So $12 million of tax-exempt bonding will be available to the Southeast Overtown/Park West CRA? Mr. Spring: Actually, to the entire city. Chair Sanchez: The entire city. Commissioner Sarnoff.. What is your intent? I mean, by now, it's October 20, you have to have an intent. Mr. Spring: My intent was to use it for an allocation for the CRA bonding 'cause there is taxable in there. Commissioner Sarnoff.. So couldn't you have answered my question -- Mr. Spring: I did state that. I've stated that several times, Commissioner. Chair Sanchez: All right. Call the -- Mr. Hernandez: Commissioner, we had an opportunity with this project to be able to take advantage of the savings. Whether you use it in this project or any other project in the City, the bottom line is that you have a savings to the City residents. Vice Chair Spence -Jones: And I'm just saying I think that it should go towards neighborhoods. Mr. Spring: Okay. And if -- Vice Chair Spence -Jones: So if the maker -- Mr. Spring: -- the motion is -- Vice Chair Spence -Jones: -- of the motion says that we cannot utilize -- Chair Sanchez: Well, last time I checked Little Havana was a neighborhood. Commissioner Sarnoff.. Say again. Vice Chair Spence -Jones: Yeah, but come on now, Joe. I mean, the Marlins, they're getting a lot out of this deal. Chair Sanchez: And the City -- Vice Chair Spence -Jones: They're getting a lot out of the deal. Come on now. Mr. Spring: Can I -- Madam Chair, can I state this? The impact would be -- if we don't use it for this deal, I would ask that you give us an additional two million of par value in order to accomplish the deal, so to go from 120 to 122, based on a real rough, off -the -top -of -the -head calculation -- Chair Sanchez: All right, listen. Mr. Spring: -- right here. Chair Sanchez: I'm prepared to call the question and vote on this. City of Miami Page 58 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Yeah. Call the question. Commissioner Regalado: Can I --? I was -- Vice Chair Spence -Jones: I just want to make sure that the maker of the motion accepted the recovery zone bond issue. Commissioner Sarnoff Well, it was part -- you know, not having looked at what you intend on doing with the CRA, I'm flying blind I just don't know what the $12 million -- I mean, how can you make a decision? And I really -- I'm not faulting you guys, but how can you make a decision knowing there's $18 million dedicated to the City. Just by the name of the issue itself it seems to be about recovery. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff There is little doubt that the CRAs -- I think it stands for Community Redevelopment. It may as well say Community Recovery Agency. So it seems like it's earmarked for that. Yet, if you were to tell me, Commissioner, we've worked with Commissioner Spence -Jones, and of the -- excuse me, franchise, what do you guys call it? What's this series we're using here? Mr. Spring: On this one, it'd be the 2009 Series C 6.2 million. Commissioner Sarnoff No. What's the name of it? Mr. Spring: Oh, the recovery zone -- excuse me, I'm sorry -- facility bond. Commissioner Sarnoff Oh, facility, I'm sorry. I thought it was franchise. So of the facilities in her CRA that you've worked carefully with her, we have adequate facility bonding. If you make that statement to me, I won't accept -- I want to keep my motion as stated. But I don't know what you've done with the CRA bonding wise. Mr. Spring: Bonding wise, we have -- we've done a couple of things. This Commission has taken the legislative actions in order to get the CRA expanded and we're still waiting for the execution. You've done the same thing with regards to the Omni plan, and you know that that's being -- it's been sent over. Vice Chair Spence -Jones: Well, why are we still waiting on the execution? That's been like almost three or four weeks ago. Mr. Spring: Because the CRA attorney was -- left town, went on vacation and did not have an opportunity to make those non -substantial changes to the document. Vice Chair Spence -Jones: He's been back for a while now. Mr. Spring: And he sent an e-mail (electronic) yesterday at my behest to go ahead and do what he needed to do. Vice Chair Spence -Jones: Right. Mr. Spring: So -- but -- Vice Chair Spence -Jones: I don't want to keep beating it, but Commissioner Sarnoff, all I'm asking for -- you're absolutely right. I mean, you talk about CRA, you know, what it stands for. I City of Miami Page 59 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 mean, just from a public perception, you know, you talking about recovery dollars. I mean, it needs to go into neighborhoods that need recovery. It's very -- to me, I think it's a very difficult pill to swallow when we say, you know, that the Marlins Stadium needs recovery. Commissioner Sarnoff. But here's the equation we're facing. Either we incur $2 million of more debt for the taxpayers with -- and I don't have an understanding that there's -- 6.2 million will be spent elsewhere yet. Why would I --? I'm having -- you're asking to make a decision sort of in a vacuum with just saying, you know what, I hope we have use for this, we might have use for this, we could have use for this, but Larry's going to say, but somebody took a vacation, then he got sick. He didn't approve this. December 31 comes around, we all yell at Larry once again. And he says, Commissioner, I just couldn't get it done so the $6 million expired when I could have saved the taxpayers $2 million -- and I mean this with absolute all due respect to my fellow Commissioners -- on a project I don't really believe in, but I want to save the taxpayers money. Chair Sanchez: All right. Commissioner Gonzalez: I do -- Vice Chair Spence -Jones: I guess the issue for me more so than anything else is for us to at least send a message -- and I'm assuming that, Larry, we have been working on this for months between the City and the County to get it done. And I'm assuming -- our my bond -- our bond counsel is telling us that this is not going to be an issue -- Ed, I'm looking at you -- that this is not an issue. We should be able to do that. I'm just saying we should send a solid message today that the money should not be used for the stadium. Not the monies, the incentives should not be used for the stadium. I don't think that's a difficult thing to say, especially since we've been working on this for months. Do you have a problem with saying that, Larry? Mr. Spring: Commissioner, I've stated on the record, if it is Commission's will not to use the allocation for this purpose, that's fine. I've asked for an additional $2 million of par value. Vice Chair Spence -Jones: Commissioner Regalado, you're recognized Commissioner Regalado: Thank you, Madam Chair. And I know this is long and people need to go to lunch and all that, but -- and this is unrelated, but since Commissioner Gonzalez brought it up, Commissioner Sarnoff, and the Vice Chair -- two weeks ago we stood here looking for money, and it's interesting because I think that Angel mentioned what are the people thinking when they're watching this and being laid off by the City and all that. We all remember the accident, tragic accident in Southwest 8th Street, right, when a worker died and two others were injured. One of the injured was just laid off, fired by you, Mr. Manager. He's recuperating from the injuries, a Neighborhood Services Worker Temp. So it's very difficult to explain this. But 1 just want to take issue with a phrase that you said. You said -- and maybe it was in the heat of the debate -- we're not paying for this. We are paying for this. Remember, there is a County ordinance that governs CDT. All the CDT generated in the City of Miami has to be spent within the boundaries of the City of Miami. They cannot go outside. You doubt that? Well, they took away our power when we sold the Miami Arena, but it was retained within the City of Miami. CDT can be used for the Marine Stadium, Virginia Key, any park facilities, and you know that. So it's -- we are committed to this parking and we are going to do it. My problem is that you keep telling the people that we're not paying for it. The people of Miami is paying for it. We pay -- giving the land that belong to the people, giving the infrastructure. So it's part of the City of Miami, and the people of Miami need to know that they're paying for and they deserve accountability. And you know, if he had just kept on going, he would have brought it down to 110 'cause it's bargaining. I just don't understand how you brilliant minds cannot still comprehend that there's no potted plants here, that we, you know, try to do our homework. We expect you to come up with good ideas, but it seems that we have to find the money for the budget and we have to reduce the cost of the project. I still think it's not right. I still think it's City of Miami Page 60 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 something that we should consider. Hopefully, it will be voted I'm all for building the garage, but I think it's unfair what you're doing, just bringing a lot of numbers -- throwing numbers around and telling us that we need to do this because you got to go to New York to sell the bonds at who knows what kind of interest. So I just tell you, Mr. Manager and Larry, that it's, to me, very disappointing. And I think that you could have redraft this ordinance, but then it's always last minute, so that's all got to say. Chair Sanchez: All right. Call the question. Vice Chair Spence -Jones: Okay. We're going to go ahead and call the question. Did the maker of the motion -- will you accept the recovery zone --? Commissioner Sarnoff. I think it was part of the original motion, was it, that 6.2 million was part of the recovery zone allocation. Vice Chair Spence -Jones: So you -- I'm saying -- I'm asking you, can we like not include it in this? Commissioner Sarnoff. The reason -- I -- philosophically, Commissioner, I agree with you. However, I have no assurance, as I sit here right now, that with that amount of money would simply lapse. I just don't know that. And why would that -- that risk is $2 million to the taxpayers of the City of Miami, and that's a risk I'm not willing to take. Vice Chair Spence -Jones: Well, I just think we're sending a very wrong message to the public, so my -- Commissioner Sarnoff. I don't dispute what you're saying -- Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. -- at all. Vice Chair Spence -Jones: And so for that reason, I'm definitely -- I cannot support this item. Mr. Hernandez: Commissioner, if I may. Reference the potential uses in the near future, I know that in both CRAs, not only the Southeast Overtown/Park West, but at the Omni, hopefully, because of Museum Park, we'll have opportunities to be able to use this vehicle to save money in other projects. Vice Chair Spence -Jones: See, that's what I'm telling you. You're using -- Mr. Hernandez: I mean, we -- Commissioner Sarnoff. But -- Mr. Hernandez: -- do have 'em. I mean, I -- Commissioner Sarnoff. See, Mr. Manager, to me, for you to go to bond by December 31, 2009, you would have had to have done work -- Mr. Spring: Ten. Mr. Hernandez: No, it's 2010. Vice Chair Spence -Jones: Ten. It's not this year. City of Miami Page 61 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. Oh, 2010. It's not this year? Chair Sanchez: No. Mr. Hernandez: No, no. It's 2010. Commissioner Sarnoff. Oh, that changes things. Quite candidly, that changes things. I thought it was going to be a use it or lose it this year. Mr. Spring: 2010. Commissioner Sarnoff. I accept the maker of the motion's proposition. I will not yield or change the bond amount. Mr. Spring: So no two million? Commissioner Gonzalez: All right. Chair Sanchez: All right. Call the question. Commissioner Gonzalez: Call the question. All in favor, say "aye." Commissioner Sarnoff I accepted the non-use of the 6.2 million. Vice Chair Spence -Jones: Thank you. Mr. Spring: With regards to the par amount? Commissioner Sarnoff What's that? Mr. Spring: The additional $2 million? Commissioner Sarnoff. You work it out, buddy. Commissioner Gonzalez: Call the question. Vice Chair Spence -Jones: Call the question. Got a motion and a second. Commissioner Gonzalez: All in favor? Vice Chair Spence -Jones: All in favor? Chair Sanchez: As amended. Let's get the amendments -- Madam Clerk, get the amendments right because this was a bit confusing with some of the amendments that were proffered. Ms. Thompson: What I understand the amendments to be proffered by Commissioner Sarnoff, second by the Chair, was that the amount would be at 120 million, 8.5 percent taxable amount, 6.5 percent non-taxable amount. The Manager will have -- the Manager is required to follow the resolution that was adopted in June 2009, to bring back the contract to the Commission for final approval; and lastly, not to use any of the tax recovery zone monies -- I'm sorry, incentives Chair Sanchez: Incentives. City of Miami Page 62 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 PH.5 09-01113 Department of Risk Management Ms. Thompson: -- in this item. Chair Sanchez: That is correct. Vice Chair Spence -Jones: And I just want to add -- I just need to say this. You know, and I appreciate the support on the recovery zone thing 'cause I -- item. I do believe it's going to really help what we're trying to do in the overall area. But fundamentally, I also just have a problem with the Administration going from $94 million to the amount that they're bringing. I have to be able to put that on the record. So it's hard for me to support that as well. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: So call the question. Chair Sanchez: It's a resolution. Commissioner Gonzalez: All in favor, say "aye." Chair Sanchez: You're the Chair. Vice Chair Spence -Jones: Oh. Call the question. Commissioner Gonzalez: All in favor? Vice Chair Spence -Jones: All in favor? Commissioner Gonzalez: Aye. Chair Sanchez: Aye. Commissioner Sarnoff Aye. Vice Chair Spence -Jones: Let my -- Commissioner Regalado: One no. Vice Chair Spence -Jones: -- me reflect no as well on that. Two nos. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY, FOR THE PROVISION OF WORKERS COMPENSATION CLAIMS ADMINISTRATION SERVICES, AND GENERAL, AUTOMOBILE AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH GALLAGHER BASSET SERVICES, INC., FOR SAID PURPOSE ON BEHALF OF THE DEPARTMENT OF RISK MANAGEMENT, UNTIL ISSUANCE OF A NEW REQUEST FOR PROPOSALS, AWARD OF THE City of Miami Page 63 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 REQUEST FOR PROPOSALS TO THE SUCCESSFUL PROPOSER, AND EXECUTION OF AN AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL OTHER DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 09-01113 Legislation.pdf 09-01113 Exhibit 1.pdf 09-01113 Exhibit 2.pdf 09-01113 Exhibit 3.pdf 09-01113 Exhibit 4.pdf 09-01113 Summary Form.pdf 09-01113 Memo 1.pdf 09-01113 Notice of Public Hearing.pdf 09-01113 Memo 2.pdf 09-01113 Certificate of Liability Insurance 1.pdf 09-01113 Certificate of Liability Insurance 2.pdf 09-01113 Certificate of Liability Insurance 3.pdf 09-01113 Certificate of Liability Insurance 4.pdf 09-01113-Scriveners Error Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0497 Commissioner Gonzalez: All right. Let's take PHS. It needs -- it requires a four fifth vote, PH. S. LeeAnn Brehm: LeeAnn Brehm, director of Risk Management. PA.5 [sic] is a resolution to continue the services of Gallagher Basset Services, Inc. for the provision of workers compensation claims administration, automobile and professional liability claims services on a month -to -month basis until such time as a issuance of a request for proposal and an award of successful proposer and execution of a contract. Commissioner Sarnoff So moved. Mariano Cruz: Yeah. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: We have a motion and we have a second It's a public hearing. Mariano, you're recognized. Mr. Cruz: Yeah. Mariano Cruz, 1227 26 Street. I wrote here "why?" Why? You got the Department of Risk Management with how many assistant manager we got there? And then we farming out something to these people here, Gallagher Basset? They doing most of the work. How come we need so much overhead, okay? We can use that money to hire some of the names you mentioned, like Daisy Rodriguez. There is something behind that name. It's a (UNINTELLIGIBLE) single mother with bills to pay. No, but here we don't care. (UNINTELLIGIBLE). The other day, Luis Lima (phonetic) with a little baby there. The little baby that's three years old is half the size of my granddaughter at three years old, half the size, but she don't get to have a proper nutrition. No, but here the number (UNINTELLIGIBLE). Assistant to the assistant to the assistant, in strategic planners, everything. Come on. We don't need that much overhead. Cut from the top, okay? Let that money go down to the regular guys City of Miami Page 64 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 working out there, the one that's sweating in the street while here they here. Oh, where we going to have lunch today? Sometimes that's the most important decision of the day, okay. I'm tired of seeing that, okay, of sitting down. Assistant to the assistant to the assistant. If people retire, let them go fishing or play golf. I don't have to have double-dippers here that they have here. Fire your double-dippers. Commissioner Gonzalez: Madam City Clerk, I need the clock to be set -- Priscilla A. Thompson (City Clerk): Yes. Commissioner Gonzalez: -- whenever a speaker gets to the -- Ms. Thompson: Yes, sir. Commissioner Gonzalez: -- podium. Ms. Thompson: Yes. Commissioner Gonzalez: I need to establish the time for each speaker. That is going to be two minutes. And I don't want to be nasty. I want to be -- you know, behave like a gentleman. If anybody goes over the two minutes, I'm going to shut off the microphone, okay? So please, don't force me into that situation. I appreciate it if you keep your comments within the two minutes allowed by the Commission. Thank you. Let's go into the ordinance -- I'm sorry. We need to vote on PH.5. Commissioner Regalado: Chairman. Commissioner Gonzalez: It's a four -fifth vote. Commissioner Gonzalez: Yes. Commissioner Regalado, you're recognized. Commissioner Regalado: Can you explain why are we doing this? Ms. Brehm: The initial existing contract has expired. In the -- we need to bridge the services of Gallagher Basset as the third -party administrator until such time as we can procure -- have a full RFP (Request for Proposals) process and award a new bid and continue the contract. Commissioner Regalado: So you would not recommend Gallagher Basset, would you? Ms. Brehm: It's not that I would not recommend them. They have every opportunity to participate in the bidding process. This contract is six years old We feel it's in the best interest of the City at this time to get a fresh look at the market and -- but in the meantime, we still need to have our claims administered and the services rendered You can't just turn off the switch on administering claims. We don't have the capabilities at this point to administer in-house during our procurement process. Commissioner Regalado: But did we miss something here, renew a contract or a letter wasn't sent or anything? Ms. Brehm: The contract expired on October 8. There was a rejection on the option to renew because Gallagher Basset services in the City of Miami could not change the terms of the existing agreement to reflect a new pricing from a flat fee to a -- from a per -claim fee, which we're currently under, to a flat claim fee, which is what Gallagher Basset proposed. Commissioner Regalado: Okay. And how long is going to be the RFP process? City of Miami Page 65 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Brehm: This RFP process will be fast -tracked We are anticipating having it completed in four months. Commissioner Regalado: Four month [sic'? Ms. Brehm: Um -hum. Commissioner Regalado: Okay. Commissioner Gonzalez: All right. It's a four fifth vote. Madam City Clerk, will you do a roll call, please? Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Spence -Jones? Vice Chair Spence -Jones: Mr. Chairman, I just -- I had a comment that I wanted to make, but I wanted to -- Commissioner Gonzalez: Go ahead. Vice Chair Spence -Jones: Do you mind? Commissioner Gonzalez: Yeah. Go ahead Vice Chair Spence -Jones: Before you take a vote -- can I just ask Glenn to step to the mike, which is over our Procurement? I think it's important to get his viewpoint since all the procurement issues come really by way of you, you know, so I just wanted to get your opinion on this issue. I mean, are you rec -- do you recommend this? Glenn Marcos (Director, Purchasing): Recommend exactly what, Commissioner? Vice Chair Spence -Jones: I mean, what the staff is proposing, the waiving of competitive bidding? I mean, are you comfortable with it? Mr. Marcos: Well, at this particular point -- Vice Chair Spence -Jones: Because I'm looking at your face -- I mean, are you comfortable with what's being asked of us to do? Mr. Marcos: -- in time, I think that the City has no choice but to accept the bid waiver so we can have the continuity of services. And my department will end up working with Risk Management to end up fast -tracking, you know, the RFP. I mean, that's something that we would want to, you know, have in place so we can end up having a competitive process in place. At any given point Vice Chair Spence -Jones: But your recommendation is that we should just go 'head [sic' and support this now but, in the future, we definitely need to look at -- Mr. Marcos: I think that right now we really have no other choice but to end -- Vice Chair Spence -Jones: Okay. City of Miami Page 66 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Marcos: -- up accepting the waiver. Vice Chair Spence -Jones: I just -- we needed to hear that loud and clear. Mr. Marcos: Commissioner, I appreciate -- Vice Chair Spence -Jones: We know that you would not put a stamp on something that you didn't think was good so -- Mr. Marcos: Well, I appreciate the question. You know, at any given point in time, you know that I'm not a advocate of waivers -- Vice Chair Spence -Jones: I know. Mr. Marcos: -- of any sort. But, you know, there comes a time that you have to -- you're in a predicament where you fall into that predicament and you have to end up asking for a waiver. You know, in this case, I'm happy to see that the waiver's not an absolute waiver. We're basically -- we're honoring this contract to this particular firm for, you know, several years. Vice Chair Spence -Jones: Okay. Mr. Marcos: I think that what I've heard LeeAnn Brehm saying, as the director of Risk Management, is that this is a temporal); waiver until we have a competitive process -- Vice Chair Spence -Jones: Okay. Mr. Marcos: -- in place. Vice Chair Spence -Jones: Well, on that note, I will support it, Glenn. Commissioner Gonzalez: Commissioner Sarnoff, any comments? No? All right. Ms. Thompson: Continuing -- Commissioner Gonzalez: I think we've registered Commissioner Regalado's vote, right? Ms. Thompson: Yes. Commissioner Gonzalez: Okay. Ms. Thompson: And then, Vice Chair Spence -Jones, you're recorded as a yes? Vice Chair Spence -Jones: Yes. Ms. Thompson: Continuing. Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Then your vote on that item is 4-0, being adopted. END OF PUBLIC HEARINGS City of Miami Page 67 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 EM.1 09-01156 Department of Employee Relations ORDINANCES -EMERGENCY ORDINANCE Emergency Ordinance (4/5 THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO PROVIDE FOR A LIMITED EXTENDED DROP INCENTIVE PROGRAM; MORE PARTICULARLY BY AMENDING SECTION 40-255; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01156 Legislation.pdf 09-01156 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13109 Commissioner Gonzalez: All right. Let's move into the ordinances. EM.1. Pedro G. Hernandez (City Manager): Commissioners, EM.1 is an extension to the DROP (Deferred Retirement Option Plan) incentive program that you granted us about a month ago. It expired October 15, and we wanted to have an opportunity to be able to have another window between today, if you approve it, through November 6. It's been working well, and I think that it will be productive for the City to extend the window another two weeks. Commissioner Gonzalez: All right. Is there a motion on the item, on extending the -- Commissioner Sarnoff So move. Commissioner Gonzalez: -- DROP incentive program? Vice Chair Spence -Jones: Yes. Commissioner Regalado: Second Vice Chair Spence -Jones: Second. Commissioner Gonzalez: We have a motion and we have a second It's a public hearing. Mariano, you're recognized for the record Mariano Cruz: No, no. I just want to know exactly -- I just want information. What is the bottom line of the ordinance? What will be --? Explain to me. Larry Spring: Larry Spring, chief financial officer. Through the Chair, the way this DROP incentive is structures, we're offering a $25, 000 incentive for individuals who are in -- currently in the DROP, and actually, with this amendment, individuals who are immediately eligible to retire. The DROP incentive can be paid in two ways, either a $25, 000 cash payout or two years City of Miami Page 68 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 of 100 percent subsidized insurance with, I think, a remaining lump sum of $7, 200 approximately. That's the way the program is structured. Mr. Cruz: I have a question. Is -- it will be any savings for the City to use for another purpose like, you know, trying to balance the budget more or anything? Is any -- it will be savings? The main thing 1 (UNINTELLIGIBLE) -- bottom line. Commissioner Gonzalez: All right. Mr. Hernandez: It is part of the City's saving plan. And as a matter of fact, it was one of the commitments from the Administration to support the AFSCME (American Federal, State, County, and Municipal Employees) salary reduction package. Mr. Cruz: Okay. You know why I ask those questions? Because I ask the people -- I listen to the people on the radio talking about this, about that. And most of the people are not informed of what's going on here. And it is their money, the taxpayers' money (UNINTELLIGIBLE) come here. You don't see here. Yeah, yeah, what you see? A bunch of lawyers and everything with briefcases and everything making money off the City. That's what they're here for, to make money off the City. Commissioner Sarnoff Mariano -- Commissioner Gonzalez: Thank you. Commissioner Sarnoff -- do you go to the County? Do you go to the County and complain? Mr. Cruz: Also there, yeah. Commissioner Sarnoff Oh, you do? Okay. Mr. Cruz: And the School Board too. Commissioner Sarnoff Well, I just want to make sure 'cause -- Mr. Cruz: And Water Management too and the Children's Trust. Commissioner Sarnoff -- I want to point something out to you that because the County has not acted on its salary reductions, it cost them $4 million every two weeks. Mr. Cruz: I know. I heard today Commissioner Sosa -- today they discussing that in the County. I am not ubiquitous. Commissioner Sarnoff I'm just surprised you're here because the cost -- Mr. Cruz: I am not God. I can't be there and here. I can be here only. Commissioner Sarnoff. But remember, it's costing you $4 million a day because they're not acting. Mr. Cruz: Yeah, I know. I know, I know. I was there for the budget at 2 or 3 in the morning. Commissioner Sarnoff. Okay. Commissioner Gonzalez: All right. We had a motion and we had a second. Read the ordinance, Madam City Attorney, please. City of Miami Page 69 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Julie O. Bru (City Attorney): Okay. This is an emergency ordinance, requiring a four -fifth vote. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): As an emergency ordinance, you'll get two roll calls. Commissioner Gonzalez: Two roll calls. Ms. Thompson: Roll call on the first vote for your emergency ordinance. Your second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The measure is adopted as an emergency ordinance, 4-0. EM.2 09-01135 ORDINANCE Emergency Ordinance City Manager's (4/5TH VOTE) Office AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE X, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EMPLOYEES", TO CHANGE THE APPLICABILITY OF THE LIVING WAGE PROVISIONS TO FUTURE CONTRACTS AND EXPAND THE TIME FRAMES FOR APPLICATION OF THE LIVING WAGE TO CITY OF MIAMI EMPLOYEES; MORE PARTICULARLY BY AMENDING SECTIONS 18-557 AND 18-558 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01135 Legislation.pdf 09-01135 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13110 Commissioner Gonzalez: All right. Let's move into EM.2, amending Chapter 18/Article X, "Finance/Living Wage." Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. The item before you is an item to amend the living wage ordinance. This item will include both City employees and City service -related contracts. What 1 do want to take the opportunity on doing is reading into the record some further changes. And it's Section 18-557, Living Wage, the subsection A-1. The actual changes should read as follows. Under "Service Contractors," it should read: All service contractors renewing a contract subject to this article to provide covered services to the City shall pay to all its employees who provide covered services a living City of Miami Page 70 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 wage of no less than $10.58 an hour, or as adjusted annually per Section 18-556 with health benefits, as described in this section where a living wage of not less than $11.83 an hour or as adjusted annually per Section 18-556 without health benefits. In other words, what we're trying to go ahead and do is that since 2006 -- back in 2006, the living wage was $10.58 an hour with health benefits and $11.83 an hour without health benefits. Since then, on an annual basis, every April we've had to make those adjustments. So as of today, those living wages have changed. Commissioner Sarnoff Isn't -- Mr. Chair? Commissioner Gonzalez: Go ahead. Commissioner Sarnoff. Isn't this an ordinance to defer the living wage? Mr. Marcos: This is an ordinance that will -- this is an ordinance that states that we will continue the living wage with current contracts but will no longer apply the living wage to future contracts, Commissioner. Commissioner Sarnoff. And, Glenn, was that factored into our budget? Pedro G. Hernandez (City Manager): The answer is yes. Commissioner Sarnoff. I should have asked you. I apologize. Mr. Hernandez: No, no. It's not a problem. The answer is yes. And the idea is that we apply it uniformly, not only internally to City employees but also to service contracts. Commissioner Sarnoff And I take it the philosophy is, number one, of course we need the money for our budget, but better to employ more people at a slightly less wage than fewer people at a higher wage. Mr. Hernandez: You're totally correct. Commissioner Sarnoff Okay. Thank you. Commissioner Gonzalez: Mariano, you're recognized. Mariano Cruz: Mariano Cruz, 1227 26 Street, Miami. And the reason I speak almost on everything is because the Chairman limit me to two minutes. Since I don't have the money to hire lobbyists and can't hire Lucia Dougherty or Neil [sic] Kasdin -- only thing they can talk here whatever they want to talk. Nobody limits them, the lobbyists that come here, but they limit the people, the taxpayers. That's what it is. And you know that living wage -- are they going to pay the minimum wage based on the state, federal or what regulation or what? Remember, people have to have also a discretionary income. That way they can go out and go have a dinner, like the City employees go to Garcia's. They have a nice lunch or whatever, or Casablanca, right? Or Versailles, no? They can go -- they brown bag lunch. No. They need discretionary income. They can buy a car, transportation, a brand-new American car that will keep the economy going. If you (UNINTELLIGIBLE) them -- you pay them peanuts, what are they going to buy a car? Tell me. Put -- the living wage is people have to have discretion -- like the firemen got over $200, 000, like these big people, all these brass people or the chief everybody that make over $200, 000, who could be legal, but it's obscene and unethical what they do here. Pay the people the living wage. Commissioner Sarnoff. Mariano, I know you don't come up here just to speak 'cause you have something you want to say. City of Miami Page 71 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Cruz: Right. Commissioner Sarnoff. Did you listen to the number that Mr. Mar --? Mr. Cruz: Yeah, ten dollar something an hour. Commissioner Sarnoff. And that's inadequate for you? Mr. Cruz: Yeah. Well, remember that when they say -- they going to say I have created a lot of jobs, and then somebody say yeah. Commissioner Sarnoff. Because -- Mr. Cruz: I got three of them. I got to work three places to make a living. Commissioner Gonzalez: Yeah. Commissioner Sarnoff. -- as I was listening to you -- Commissioner Gonzalez: Can you imagine that? Commissioner Sarnoff. -- you said we're only going to pay them minimum wage. Do you know what minimum wage is? Mr. Cruz: A living wage is -- Commissioner Sarnoff Do you know what minimum wage is? Mr. Cruz: Now it comes to about seven dollars, seven something -- seventy-five. Commissioner Sarnoff Okay. Mr. Cruz: I don't make -- I make good money, plus about $30, 000 in benefits a year. Commissioner Sarnoff I just want to clear the record -- Mr. Cruz: Federal employee. Commissioner Sarnoff -- up. We're not paying minimum wage. Mr. Cruz: Well -- Commissioner Sarnoff That's all. I heard you say it. I just want to make sure that you were listening to Mr. Marcos. Mr. Cruz: Right. I know. Commissioner Sarnoff. Okay. Mr. Cruz: I am for that, but this is valuable information too. Commissioner Sarnoff. Okay. Mr. Cruz: I wanted to make sure, right, that they -- people get paid whatever they work. The City of Miami Page 72 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 people that sweat here are the ones that get the least money. Commissioner Gonzalez: All right. End of discussion -- Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: -- I guess. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. All of this was in the budget. Mr. Hernandez: Yes, sir. Commissioner Regalado: So whoever voted for the budget voted for this. This is just a technicality, right? Mr. Hernandez: Yes, sir. It's, in essence, your authorization to be able to implement the actions that were approved in the budget process. Commissioner Regalado: Okay. Whoever voted for the budget also voted for the fees, right? Mr. Hernandez: I believe so, yes. Commissioner Regalado: Believe so or --? If we don't vote for the fees now, then we have to amend the budget. Mr. Hernandez: Exactly. When the budget was approved by the City Commission, it was with the understanding that there were certain measures that were part of that balanced budget, which included the deferral of the implementation of the living wage. So this is one of the components as it is increases to fees. Commissioner Sarnoff To clarify -- Mr. Chair, is that all right? Commissioner Regalado: Yeah, yeah. Commissioner Sarnoff -- what Commissioner Regalado is saying -- and that's for those of us that go up and meet with the Mayor and the City Manager, that was explained to us in explicit detail that when we were approving the budget we were approving the increase in fees, Commissioner Regalado. And I know you don't go up for those meetings, but I just want you to know, as one of the persons that goes up to that meeting, that was clearly explained to us that when we voted for that budget, we were equally going to have to vote for the increase in fees. Commissioner Regalado: No, no. I understand and I understand. I just wanted to make it clear to the people, the residents, the business community that during the budget process, all of these was include. Mr. Hernandez: Yes. Commissioner Regalado: Okay. Commissioner Gonzalez: All right. It's a four fifth vote. I'm missing one Commissioner now. All right, let's hold -- okay. Commissioner Spence -Jones is back. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: Did we had a motion and a second on this item? We need a motion City of Miami Page 73 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 and a second on the item. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: We have a motion and we have a second Madam City Attorney, read the ordinance, please. Julie O. Bru (City Attorney): Okay. And I'm reading EM.2, which is a substitute. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call, Madam City Clerk. Ms. Bru: And as amended by the statement read into the record by Glenn Marcus [sic]. Commissioner Gonzalez: As amended. Priscilla A. Thompson (City Clerk): And as emergency ordinance, you will have two roll calls. Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: This is your first roll call. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The measure has been adopted as an emergency ordinance, 4-0. Commissioner Gonzalez: All right. Let's go into the second reading ordinance, SR.1. Ms. Thompson: That -- you were going to table SR.1 and SR.2 -- Commissioner Gonzalez: Oh, I'm sorry That was supposed to be tabled until the Chair gets here. All right, SR.1 and SR.2 are to be tabled. END OF EMERGENCY ORDINANCES City of Miami Page 74 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 SR.1 09-01065 District 3- Commissioner Joe Sanchez ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 4 ENTITLED "CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST" BY LIMITING THE ELIGIBILITY OF FUTURE ELECTED OFFICERS AND INCLUDING A TERMINATION PROVISION FOR THE EXISTING TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01065 Legislation FR 10-8-09.pdf 09-01065 Legislation SR.pdf 09-01065-Submittal-Memo-City Manager.pdf Motion by Chair Sanchez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez 13111 Chair Sanchez: All right. Commissioner Gonzalez: What you have pending is SR.1. Chair Sanchez: All right. Let's take up SR.1. Let me pass the gavel to the Vice Chair. This is one of my finance reform legislation. Vice Chair Spence -Jones: SR.1? Chair Sanchez: SR.1, yes. I would move SR.1. Vice Chair Spence -Jones: Second. Chair Sanchez: All right, then you need to pass the gavel to -- Vice Chair Spence -Jones: Oh. Chair Sanchez: All right. SR.1 is the item limiting the eligibility of future elected officials. I think that on first reading we discussed this. I think we all are in agreement that we need to put an end to defined benefits in the City. They're not sustainable. It's going to bankrupt the City. I think we need to lead as an example as elected officials. And this legislation that puts forth out today basically gives us an option -- I know that we asked the City Manager to come back with three options pertaining to a 401a; however, as the maker of this motion, I think that what we should do on these three selections that have been given, we should allow the next legislative body elected by the people to decide which one they want. But I think that what we do agree is that we need to lead as an example here in the City to put an end to defined benefits. And therefore, this ordinance basically will do that. The next elected officials by the people could come back and they could select either one of these three or they could add a fourth option or a fifth option. That'll be up to them to do that. So therefore -- Madam Attorney, you want to put something on the record? Vice Chair Spence -Jones: No. I just wanted to ask a question, Mr. Chairman. So I know Commissioner Gonzalez had a big concern about this issue, especially since we're like less than two weeks away from the overall election -- City of Miami Page 75 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: Two new Commissioners coming in. Vice Chair Spence -Jones: -- but I guess what Chairman Sanchez is saying that they will be able to still make the determination on what their plan is. Chair Sanchez: Whoever's elected in the next election that sits here will -- they will design and they will select their 401a package. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. But one thing that we do, this legislative body has put the line on the sand that says that we will lead as an example and we will break away from defined benefits because that will be the future of this city, breaking away from defined benefits and going into what every other corporate America and other cities around the United States are doing, which is getting themselves back on fiscal responsible tracks into a 401a. Vice Chair Spence -Jones: All right. So we had a motion and a second. Priscilla A. Thompson (City Clerk): Let me make sure. The Chair made the motion, the Vice Chair second it. Vice Chair Spence -Jones: So he's actually chairing. Chair Sanchez: He's the Chair. Ms. Thompson: Thank you. Commissioner Gonzalez: Yeah. We have a motion and we have a second. All in favor, say "a ye." Vice Chair Spence -Jones: Aye. Commissioner Regalado: Discussion. Chair Sanchez: No. It's an ordinance. Maria J. Chiaro (Deputy City Attorney): I need to read the ordinance. Chair Sanchez: It's an ordinance on second reading. Commissioner Gonzalez: Oh, it's an ordinance. I'm sorry. Commissioner Regalado: Discussion. Commissioner Gonzalez: Read the ordinance. Vice Chair Spence -Jones: Discussion. Commissioner Regalado: Discussion. Commissioner Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. As we discussed the first reading when we voted for, I asked the Administration, in my case, since we want to lead by example -- and I City of Miami Page 76 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 wanted to do it by my example -- how can I reduce the pension that I'm vested for by 25 percent. So you guys study and come up with an idea. Could you explain it? Pedro G. Hernandez (City Manager): Commissioner, you and I discussed that matter yesterday and I said that I believe it can be done. And I spoke to Larry Spring, our CFO (Chief Financial Officer), and he's going to explain how you would go about it. Chair Sanchez: But that's fine and dandy, but it's got nothing to do with this legislation. Commissioner Regalado: Yes, it does. Chair Sanchez: He could have a separate motion if he wanted to. It's got nothing to do with this legislation. Commissioner Regalado: Well, we are ending an era, so I want to be part of that era. That's all that there is to it. I mean, I can do a motion after that. I just want to understand what is -- what the Administration -- Larry Spring (Chief Financial Officer): Mr. Chair. Commissioner Regalado: -- is telling -- Commissioner Gonzalez: Go ahead. Mr. Spring: Larry Spring, chief financial officer. In getting our legal analysis from the Law Department, it was determined that you cannot change your benefit in the plan. However, what we determined was you have the ability to receive your payment and then pay back to the City -- contribute back to the City the 25 percent savings that you want to proffer. We can enter into a side agreement with you in order to effectuate that. So that would be how we would accomplish it. Commissioner Regalado: And that's a contract -- Mr. Spring: That would be a contract with you and the City. Commissioner Regalado: -- that it will be drafted by the City Attorney. Mr. Spring: We can get it drafted by the City Attorney. Commissioner Regalado: And how long would that take? Chair Sanchez: They could have it done before November 3. Ms. Chiaro: Whenever you need it, we can have it. Commissioner Regalado: Today? Ms. Chiaro: If you need it today, we can prepare it today. Commissioner Regalado: Okay. That'll be fine. Chair Sanchez: All right. Can we get back -- Commissioner Regalado: Thank you, Mr. Chairman. City of Miami Page 77 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Chair Sanchez: -- to SR.1 ? There's been a motion and a second, but I'm not the Chair. Commissioner Gonzalez is the Chair. Commissioner Gonzalez: We have a motion, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Gonzalez: Roll call. Ms. Thompson: Before the roll call, I just want to check with the City Attorney because my notes show that there was a substitute to this SR.1. Is that correct? Commissioner Gonzalez: That there was what? Ms. Chiaro: I don't have a substitute. Ms. Thompson: Okay. Commissioner Gonzalez: No, there is no substitute. What it is is an explanation of a plan. Ms. Thompson: Thank you. Ready for your roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: No, and let me tell you why no. I agree with the principle idea, but 1 keep saying that we should have waited until after November 2 or 3, or whatever it is, for the new Commissioners to be elected and let them decide what they want to do, what plan -- maybe they decide that they don't want to get any pension. Who knows? Maybe they say that they're going to work for free, they don't even want a salary. But let -- give them the opportunity to be part of the process because, after all, they will be serving their districts for the next four to eight years, and they should be entitled to have a say and they should be entitled to participate in the process, and they should be entitled to vote on the issue. So that's why I'm voting no. Ms. Thompson: Then finally, Commissioner Sarnoff? Commissioner Sarnoff. It'd be easy to vote no 'cause it would be -- it would pass. I'm going to vote yes, but I'm going to say something. The reason I'm voting yes is because you're going to need the moral high ground when it comes time for us to negotiate with the unions. And just let me say something about the rest of this agenda 'cause there are other issues that the unions are going to look at very closely throughout this agenda for this moral high ground. And all I -- the only reason I was hesitant to vote yes is you need to compensate the Commissioners fairly so that you obtain and you attract the best and the brightest. The savings you're making up here are not significant and not important. They're interesting in terms of leadership, but every tough decision in the City of Miami comes before this five -body board, not the Mayor, not the City Manager. And we're asked to be on the very tip of the spear and the front line and make the City of Miami Page 78 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 SR.2 09-01066 District 3- Commissioner Joe Sanchez decisions. We just let go of 60, 70 people, a number I know fluctuates depending upon how you explain it. But I do know this, quite a few people lost their jobs that depended upon the City of Miami for their livelihood So I'll vote yes to take the moral high ground but I caution us vevy carefully. When it comes time -- and most alms -- or a few alms will still be sitting up here when this new Commission comes here. Just make sure we compensate them for what they do 'cause it's not an easy job. Thank you. Ms. Thompson: The ordinance has been adopted on second reading, 4-1. Chair Sanchez: All right. Before we move on -- for a point of clarification, especially towards Commissioner Gonzalez. Commissioner Gonzalez, all this does is basically stops the process of defined benefit. The next elected officials could come back and they could go, you know what? We want defined benefit. They could go back, they could get exactly what they were getting, or they'll have options that were put on the table by the Administration as to what they could get. I do agree that we need to compensate elected officials well, and I feel that we are being compensated well after the salary that was given to us by the taxpayers and our total package. Our total package is $104, 000. That's a good salary for us; that some of us work one job and may have another job outside. The defined benefit is what we need to break away, exactly as you said to take the high moral road to be able to sit down with the unions and lead as an example. Our philosophy is that we need to clean our house before we try to clean their house, and that's why it's important for this legislative body to move in that direction. So I thank this legislative body for supporting this ordinance that paves the way for the future of getting this city back on fiscal responsible tracks. Thank you. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST" BY FURTHER LIMITING EMPLOYEE ELIGIBILITY AND ELIMINATING THE RIGHT OF CERTAIN PERSONS TO REJECT MEMBERSHIP; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01066 Legislation FR/SR .pdf 09-01066-Memo-City Manager.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13112 Chair Sanchez: The next item is an item that is also part of the reform package. That is RE (Resolution) -- SR.2, I'm sorry This -- it's in front alms on second reading. I think the only problem that we had that we did not agree on was that some of the individuals, the employees that were on GESE (General Employees Sanitation Employees), if they took an administrative job, would have to leave GESE. I think that after speaking with the Administration and hearing the debates back and forth, I'm going to make one modification to this ordinance, which is that those already in GESE to stay in GESE in defined benefit plan. So I think that was the only sticking point that I think we had some concerns. Other than that, I think that we all agree that this does away with a loophole that allowed people that were under the Administration -- these were executive directors that were on a different retirement plan -- to tap into GESE plan, which is much, much generous. And at the end of the day, it cost the taxpayers dollars -- millions of dollars. So with that amendment, I would make a motion to approve SR.2. City of Miami Page 79 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. Second Chair Sanchez: Commissioner Gonzalez, you're the Chair. Commissioner Gonzalez: We have a motion, and we have a second. Read the ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: Public hearing. Commissioner Gonzalez: Oh, I'm sorry This is a public -- requires a public hearing. Anyone from the public that wants to address the Commission on this item, please come forward. Seeing none, hearing none, the public hearing is closed. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0, as modified END OF ORDINANCES - SECOND READINGS City of Miami Page 80 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 ORDINANCES - FIRST READING FR.1 09-00094 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00094 Legislation.pdf 10-22-09 09-00094 Summary Form.pdf 10-22-09 Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Sarnoff and Sanchez Note for the Record. Item FR.1 was deferred to the City Commission meeting currently scheduled for November 19, 2009. Commissioner Gonzalez: Let's go to first reading ordinance, FR.1. Vice Chair Spence -Jones: Yes. Mr. Chairman, if we can defer this item 'til November, that would be awesome. Commissioner Gonzalez: All right. We have a motion to defer FR.1 until the meeting -- Commissioner Regalado: Second Commissioner Gonzalez: -- in November. We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. FR.2 09-01136 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE Office CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01136 Summary Form FR/SR.pdf 09-01136 Legislation FR/SR.pdf 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: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez City of Miami Page 81 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: FR.2. Larry Spring: Larry Spring, chief financial officer. Commissioners, FR.2 is the second part of the fee increase amendments that we proposed to the City Commission. These fee increases were, as indicated on the prior item, part of the budget that was approved by the City Commission, so we're bringing forth these amendments to effectuate those fee increases. Commissioner Gonzalez: All right. Mariano, you're recognized again. Mariano Cruz: Yeah, 1227 -- Mariano Cruz, 1227 Northwest 26 Street. I'm a taxpayer, fee payer -- as a fee payer mostly. I want to know various fee. Which fees are going to be the fees that's going to be increased? 'Cause I am in favor of increasing or including the solid waste fee in those number. I agree to pay 18.25 more, 5 percent more of $365 because I receive good service from the solid waste fee, okay. Now I can't say it about other things, but solid waste fee, I receive -- and that's something I don't mind paying. And there was a cap -- you mentioned it before, $50. But now you've got (UNINTELLIGIBLE) raising the solid waste fee, okay. There is no free lunch or free breakfast or anything. If you want something, you have to pay for it. And we still pay less than any municipality in the County for solid waste and I know because I deliver the mail in many places and I know -- I look at the little cards and I know what they pay. We pay less than anybody for solid waste. I am in favor of increasing my solid waste fee 5 percent, would be 18.25. It would be like half an hour work for me or less than half an hour a year, okay, or the price of a coffee every two days or something, whatever like that. I am in favor of that. Thank you. But not the other fees. I want to see them because there is something going on that somebody is going to administrate some of that fee, which he was supposed to be talking to me (UNINTELLIGIBLE) come here and talk to you only. I was supposed to be there because I want that where it's going to be some money for the Allapattah businessmen too, okay, not just for Liberty City businessmen. Commissioner Gonzalez: All right. I need a motion and a second on FR.2. Commissioner Sarnoff.: So move. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: We have a motion and we have a second It's an ordinance. Madam City Attorney, would you read the ordinance, please? The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call, Madam City Clerk. Priscilla A. Thompson (City Clerk): Before the roll call, I just wanted to make sure that I am having a substitution here. Mr. Spring: The substi -- yes. There was a substituted item. Commissioner Gonzalez: Yeah. Mr. Spring: It was distributed Friday to each of the Commission offices. Commissioner Gonzalez: Exactly. Mr. Spring: That is correct. Mr. Cruz: I didn't know that. City of Miami Page 82 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Thompson: Okay. Are you ready for your roll call? Commissioner Gonzalez: Roll call, please. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Before I vote, I'm -- to clarify. I'm checking here all the -- how many are there? Larty, all of the -- Mr. Spring: It's a very lengthy document, Commissioner. As a matter of fact -- Commissioner Regalado: It's about -- Mr. Spring: -- it was two hundred and something pages. We got it down to just over a hundred. It's various -- this part are various development fees, so you have Public Works, Building, Zoning -related fees that were in and throughout the Code. I mean, it was -- Commissioner Regalado: So it's like unlawful discharge of rainwater -- Mr. Spring: Right. Fines. Commissioner Regalado: -- of other liquid waste -- Mr. Spring: Yes. Commissioner Regalado: -- allowing same to be disposed onto or across adjoining private or public property or sidewalk The fee or the ticket was 50; now it's 52.50. Mr. Spring: Fifty. Correct. Five percent -- it is literally a 5 percent increase across-the-board Every one of those penalties, those charges, if you go through that document, you'll see it's been redacted and it's literally a 5 percent increase throughout. And I know in some cases it's $2, but that's what the Commission approved and that's what we're bringing forth. Commissioner Gonzalez: Mariano, you already spoke on the item. Mr. Cruz: Yeah. Mariano Cruz, 1220 -- You know -- Commissioner Gonzalez: Mariano, you already spoke on the item. Mr. Cruz: No. The Manager talk about new funding sources, okay. Commissioner Gonzalez: Yeah. Mr. Cruz: He said the new funding sources, okay. They don't call it taxes. They call it fees. And remember, you itemize tax bill. You cannot put your fees as a deduction (UNINTELLIGIBLE) only property taxes because I knew. Now I don't have it because I am a tax-free income. I don't have to put my -- but when I itemize, I only put the property tax, not the fees. Commissioner Gonzalez: All right. Thank you. Commissioner Regalado. Commissioner Regalado: No, no. I'm fine. I just wanted to make the record clear on what is -- actually, these are -- most of them are not fees; are fines. City of Miami Page 83 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Spring: Some -- this round it was mostly fines, but there are some fees in there. Commissioner Regalado: Yeah, some fees -- Mr. Spring: Some fees, but mostly are fines. Commissioner Regalado: -- but mostly are fines. Mr. Spring: And those were included in our offering to you. Commissioner Regalado: Which we don't collect. Mr. Spring: Well, as part of the -- again, as a procedural matter, I think what this Commission directed was we need to start reviewing our fees, our fines, everything on a recurring basis, again, going back to the statement in the budget that these -- a lot of these fees and fines have not been touched in 10, 15, in some cases, 20 years, so -- and the fee -- Commissioner Regalado: Okay. Mr. Spring: -- study that was done by our outside vendor also indicated the same. So, again, we're just effectuating what was approved in the budget and making sure that all of those actions are taken. You just passed the living wage deferral, and this is part two of the fee increases. Commissioner Regalado: Okay. Commissioner Gonzalez: All right. Is there a motion on the item? Priscilla A. Thompson (City Clerk): We have a motion. We have a second. Commissioner Gonzalez: We have a motion and a second. Ms. Thompson: We had started the roll call. Commissioner Gonzalez: Okay. Roll call, please. Ms. Thompson: And I had started with Commissioner Regalado. Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Mr. Spring: Thank you. END OF FIRST READING ORDINANCES City of Miami Page 84 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 RESOLUTIONS RE.1 09-01037 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $101,590.81, IN SETTLEMENT OF THE CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. MIAMI-DADE COUNTY IN CASE NO. 09-8885-CA-15, PURSUANT TO THE TERMS OF THE TRUST FUND RELEASE AND DISBURSAL AGREEMENT; DIRECTING THE CITY MANAGER TO EXECUTE THE TRUST FUND RELEASE AND DISBURSAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 09-01037 Legislation.pdf 09-01037 Exhibit 1.pdf 09-01037 Exhibit 2.pdf 09-01037 Exhibit 3.pdf 09-01037 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0498 Commissioner Gonzalez: All right. Let's go into resolutions, RE. 1. Julie O. Bru (City Attorney): RE. 1 is a resolution that seeks authorization to accept payment, in the amount of $101, 590.81, in full settlement of all claims and demands in the case of City of Miami versus Miami -Dade County. If you recall, this is a case stemming from an agreement that we were a participant to, the South Florida Employment and Training Consortium, wherein pursuant to an audit, the City had to pay back an amount of $114, 256.62. And subsequently, we sued the County on a theory of indemnification. We were seeking to recover the 114, 000 from the County. They've offered to settle it for 101, and we're recommending accepting this. Commissioner Gonzalez: All right. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second Commissioner Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. RE.2 09-01146 RESOLUTION City of Miami Page 85 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE AWARD TO LARQCON GROUP, INC., PURSUANT TO RESOLUTION NO. 09-0248, ADOPTED MAY 28, 2009, FOR ADDITIONAL SERVICES FOR THE PROJECT ENTITLED "SIMPSON PARK IMPROVEMENTS, B-39910G," IN AN AMOUNT NOT TO EXCEED $23,000, THEREBY INCREASING THE TOTAL VALUE OF THE AWARD, FROM $200,000 TO $223,000; AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER PAYMENT FOR SAID PURPOSE; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $20,000, FROM CAPITAL IMPROVEMENT PROJECT ("CIP") ACCOUNT NO. B-39910G AND FUNDS IN THE AMOUNT OF $3,000, FROM CIP ACCOUNT NO. B-30541. 09-01146 Legislation.pdf 09-01146 Summary Form.pdf 09-01146 Text File Report 1.pdf 09-01146 text File Report 2.pdf 09-01146 Construction Agreement.pdf 09-01146 Attachment F.pdf 09-01146 Larqcon Group, Inc..pdf 09-01146 Corporate Resolution.pdf 09-01146 (Enea) Meeting Minutes .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0499 Commissioner Gonzalez: RE. 2. Ola Aluko: Good morning. Ola Aluko, director of Capital Improvements, City of Miami. This resolution is to request approval of an additional services change order, in the amount of $23, 000, for the City -requested additions to the Simpson Park improvements. This City has requested the -- the City has requested the Larqcon Group to install additional benches and cascade (UNINTELLIGIBLE), stainless pipe drapes, for the total amount of $23, 000, which were not contemplated in the original scope of work The resolution increases the original contract award from $200, 000 by $23, 000, to a total of $223, 000. The $20, 000 will be forthcoming from the District 2 quality of life Homeland Defense funds, and the $3, 000 will be coming from a Parks fund. Commissioner Sarnoff So move. Commissioner Gonzalez: All right. We have a motion. Is there a second? Commissioner Regalado: Second Commissioner Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Mr. Aluko: Thank you. Commissioner Gonzalez: Thank you. City of Miami Page 86 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 RE.3 09-01147 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Zoning (4/5THS) AFFIRMATIVE VOTE, GRANTING AN INCREASED NUMBER OF CLASS I SPECIAL PERMITS (BEYOND THE TWO (2) SPECIAL EVENTS ALLOWED PER YEAR), FOR SOYKAS, LOCATED AT 5556 NORTHEAST 4TH COURT, MIAMI, FLORIDA; SPECIFICALLY TO ALLOW A FARMERS' MARKET USE TO BE ACCOMMODATED AT THE SOYKAS SITE, FOR A PERIOD OF SIX (6) MONTHS COMMENCING ON NOVEMBER 1, 2009 THROUGH MAY 1, 2010, WITH CONDITIONS AS STATED HEREIN. 09-01147 Legislation.pdf 09-01147 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0500 Commissioner Gonzalez: RE.3. Lourdes Slazyk: RE.3 is a request for -- I'm sorry For the record, Lourdes Slazyk, Zoning administrator. -- a waiver of the provisions of the special events in order to allow the market use at the Soyka's property for a period of six months while they obtain their Class II for a permanent market at that location. Commissioner Gonzalez: Is there a motion? Commissioner Sarnoff. So move. Vice Chair Spence -Jones: Yeah. Actually, one second It's in my district. I want to ask a quick question about it. Unless you had -- does someone else have a question on it? Lourdes, what exactly are they doing at Soyka's? Is it going to be like -- Ms. Slazyk: This is the -- Vice Chair Spence -Jones: -- an outdoor --? Ms. Slazyk: -- farmers' market that used to be over in the park. I think it was at Legion Park. And they're relocating it here. It's going to be on weekends. They've got the SD-9 zoning, so they're going to apply for the Class IL Vice Chair Spence -Jones: What made them decide to leave from Legion? Commissioner Sarnoff. They're going to get a better deal, quite frankly. Soyka's -- Vice Chair Spence -Jones: At Soyka's? Commissioner Sarnoff. Yeah. Soyka's is picking up some -- We've been subsidizing it from our parks budget that came from Bayfront ront Trust. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. And -- City of Miami Page 87 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Oh, they're going to be helping. Commissioner Sarnoff. -- they're just getting a better deal, to be quite frank with you. Vice Chair Spence -Jones: So it's more of a private public partnership -- I mean, more of a private partnership? Commissioner Sarnoff. It's really pri -- I mean, I guess it's private to the extent that there's no longer going to be any public money involved, which is good news, you know. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. They're going to have a larger ability -- and if you've ever -- you know the triangle right there and -- Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. -- how it works real well for a farmers' market. It's -- what you did was you grew it, you created something that was worthwhile, and now it goes to the private sector. It probably is one of the better uses of you know, a vevy small amount of public funding to get -- Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. -- something going and now a private sector says, you know what? We like this, we want this. We're going to take it over. Vice Chair Spence -Jones: Okay. All right. I just wanted to be clear 'cause I hadn't had a full briefing on it. So sec -- so moved You second it -- I mean -- Commissioner Sarnoff Yes. Vice Chair Spence -Jones: -- you moved it. Commissioner Sarnoff Yes. Commissioner Gonzalez: All right. We have a second? Commissioner Sarnoff Yes, you did. Commissioner Gonzalez: All right. We have a motion, and we have a second All in -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Commissioner Gonzalez: -- favor, say "aye" -- Ms. Thompson: I'm sony, Chair. Commissioner Gonzalez: -- on RE.3. Ms. Thompson: I'm sony, Chair. I apologize. I missed your mover and seconder. Commissioner Sarnoff. I move. Commissioner Regalado: I'm the seconder. He's the mover. City of Miami Page 88 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff Okay. Ms. Thompson: Thank you. Commissioner Gonzalez: We have a motion and we have a second All in favor, say "aye" on RE.3. The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. RE.4 09-01151 RESOLUTION Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT WITH RIZO CARRENO AND PARTNERS, INC., FOR ADDITIONAL SERVICES FOR THE FIRE STATION NO. 13 PROJECT, B-60453A, IN THE AMOUNT OF $59,500, THEREBY INCREASING THE CONTRACT FROM $462,355 TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $521,855; ALLOCATING FUNDS FROM CAPITAL PROJECT NO. B-60453A. 09-01151 Legislation.pdf 09-01151 Exhibit.pdf 09-01151 Summary Form.pdf 09-01151 Table of Contents.pdf 09-01151 Memo.pdf 09-01151 Evaluation Committee Recommendation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0501 Commissioner Gonzalez: RE.4. Bill Anido: RE.4 -- Bill Anido, Assistant City Manager -- is a resolution requesting approval of amendment one to Rizo Carreno and Partners for additional design services in connection with designing fire station 13 to be a LEED (Leadership in Energy and Environmental Design) -type building. Essentially, the additional costs are composed of $42,500 for additional design work in connection with selecting new materials, designing the building so it's a LEED-type facility; 5,000 to complete all the required federal paperwork associated with obtaining that certification; 12, 000 was going to be utilized for inspection services, which we will be doing in-house, so we're subtracting that amount from the overall request. So the overall request will essentially be $47, 500. Commissioner Gonzalez: All right. Is there a motion on the item? Commissioner Sarnoff I'll move it. Commissioner Gonzalez: We have a motion. Is there a second? City of Miami Page 89 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Second. Commissioner Gonzalez: There is a second. All in favor, say "aye." Commissioner Regalado -- Commissioner Regalado: Discussion. Commissioner Gonzalez: -- you're recognized. Commissioner Regalado: I thought we discussed this the other day. Pedro G. Hernandez (City Manager): Right, Commissioner. The other -- at the last Commission meeting, there was a 2-2 vote which, in essence, is like tabling the item so the item can come back to the City Commission. Commissioner Regalado: You're resilient, persistent because when we discussed this, it was established that this is not for the construction. This is just for a title. Mr. Anido: That's right. Commissioner Regalado: So we are giving you several -- Mariano Cruz: Thirteen percent more. Commissioner Regalado: -- 13 percent increase. Mr. Anido: Forty-seven thousand dollars -- forty-seven thousand five hundred. Commissioner Regalado: Just for a title. Mr. Anido: I'm sorry? Commissioner Regalado: Just for a title. Mr. Anido: Well, no. It's all the design services associated with the -- Commissioner Regalado: But Bill -- Mr. Anido: -- which were not in the original scope of services. Commissioner Regalado: -- whenever the Manager tries to sell a project, he says this is good because construction and design is going down and we can get cheaper, better bargains, you know, with designers. And Commissioner Sarnoff have been vevy vocal on you can go out and get anybody. I just don't understand why we just need to pay all that money just because it's -- we want a title. There's no new stairs for the fire station, nor there is a new alarm system or a huge communications state-of-the-art -- You, yourself told us that on the Flagler station, we cannot do it. It won't be LEED because it's already under construction. So whoever figured that out, they realized that the fire station should not be LEED and that the -- this station should be. But it doesn't make sense in the marketplace as it is now to give you what you're asking. To me, it doesn't make sense. Mr. Anido: Commissioner, just to clarify, the final design of this facility, if approved by the Commission, will be a LEED building, which implies that the materials, the function of the building, will be more energy efficient and, hopefully, some of these costs will be recovered in the future by this being a more efficient -- City of Miami Page 90 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: Okay. So the Flagler station will not be as economic as this one? Mr. Anido: Well, Commissioner, perhaps, in retrospect, we should have had that be a -- Commissioner Regalado: In retrospect. Mr. Anido: -- LEED-designed building, yes. Commissioner Regalado: In retrospect. Mr. Anido: Yes. Commissioner Regalado: So, I mean -- so -- well, two wrong don't make one right. But -- Mr. Hernandez: Commissioner, we -- honestly, we missed considering the Flagler one for environmentally -friendly design, which I think long-term is a good investment. And we're looking at every new facility the City's constructing and considering environmental designs because, in the long run, it's a good investment. Commissioner Regalado: The point is that there is this culture; we have the money, we have to spend it. Mr. Hernandez: No. It's not a question of just wasting money or throwing money away. I think it's a careful investment in the future of the City that if we invest wisely by having environmentally -efficient designs, when we operate these buildings over a number of years -- and the City normally operates buildings for 40, 50, 60 years -- that there will be enough of a payback over those years. Commissioner Regalado: Look, everybody loves the environment. I'm just saying that it's bad planning. You guys missed it on the Flagler station. Mr. Hernandez: Yes. Yes, we did. Commissioner Sarnoff Can I ask a question? Commissioner Regalado: Sure. Commissioner Sarnoff Maybe a light went on for the first time for me. My understanding is that you would not be changing a brick, a light bulb, a R-30 asbestos. You wouldn't change any of that because it's already in the building. In other words, your insulation's already there, your roof rafters are there. You've -- let me just finished -- already designed the building to be LEED certified Mr. Anido: No, no, no. Commissioner Sarnoff That is not correct? Mr. Anido: No, no. This is to design the building to meet LEED standards. The basic building components, of course, are the same. However, we will be asking -- if this is approved -- the designer to look into selecting materials, reviewing the design such that it's an energy -efficient, environmental -friendly building. That hasn't taken place. Commissioner Sarnoff. Okay. And -- City of Miami Page 91 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Anido: So this is new work that wasn't originally contemplated in the contract. Commissioner Sarnoff. So the light that went on in my mind was something I didn't realize 'cause obviously, I guess like Joe Average Citizen, I'm thinking I'm going to put a certain kind of light bulb with a squiggly in it. I'm going to have light bulbs that turn on as soon as I walk in, and then they'll turn off when I walk out. I'm going to have a really good insulated roof. My air conditioner system's going to be super special. And you're telling me that's going to happen. Mr. Anido: Yes. Commissioner Sarnoff. But equally, the light that went on is you're going to have some practices as well that's going to teach the firemen -- Mr. Anido: All of that is part of the program, yes. Commissioner Sarnoff. And this is -- so this 47,000 additional money is to create a building that has not been built yet that has not been RF -- Mr. Anido: Designed Commissioner Sarnoff. Right. To make it more energy -efficient with the theory that in the overall lifespan of the building, we will be saving more than $47, 000. Mr. Anido: That's the expectation, yes. Commissioner Sarnoff Okay. I didn't understand that last time. I really thought we had a building that was pretty much built -- Mr. Anido: No. Commissioner Sarnoff -- and just to get the LEED certification and get a plaque up there, we needed to get a bunch of consultants paid And that's what I understood -- Mr. Anido: Okay. Commissioner Sarnoff -- to be quite frank with you. And I'm very sorry that Commissioner Regalado's building was not built LEEDs, but I can see in the long run how this is a cost benefit to the taxpayers versus a cost burden. Commissioner Regalado: And I understand. I just want to make the point that it's rush rush because you never -- I mean, the environment existed when you guys started designing the Flagler station. Nobody thought about it. But I'll tell you, the $10, 000 fee, it's, I guess, the right thing to do, but the architect, they haven't designed it yet, so they can just do it for the same amount and just pay the $10, 000 fee to the federal government. Mr. Hernandez: Commissioner, my understanding is that the fire station -- the Flagler fire station is about 70 percent complete. So -- Commissioner Regalado: I know that. Igo -- Mr. Hernandez: -- I can -- Commissioner Regalado: -- by there every -- Mr. Hernandez: Right. So we can, in essence -- forget about the certificate related to LEED, et City of Miami Page 92 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 RE.5 09-01148 Office of Grants Administration cetera. What I plan to do is to go back and take a look at the Flagler station -- fire station. And even though it's 70 percent complete, what, if anything, can I do at this point in time to try to make it more of an energy -efficient building for the future. And there may be things that we can do from the operational aspect, from equipment that has to go in it that might not have been purchased already that would give us a more efficient building. I'll take a look at it. Commissioner Gonzalez: All right. We had a motion. Is there a second on the item? Vice Chair Spence -Jones: I second it. Commissioner Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO MIAMI-DADE COUNTY'S SAFE NEIGHBORHOOD PARKS ("SNP") BOND PROGRAM, FOR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED $49,473, FOR THE VIRGINIA KEY BEACH PARK TRUST ("PARK"), FOR THE PARKS RECREATION ENHANCEMENT PROJECT; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $49,473, FROM THE CAPITAL IMPROVEMENT PROJECT, B-30174, ENTITLED "VIRGINIA KEY BEACH PARK HISTORICAL RESTORATION PHASE TWO"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SNP BOND PROGRAM 2009 FUNDS GRANT APPLICATION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TERMS AND CONDITIONS OF SAID GRANT APPLICATION STATED HEREIN. 09-01148 Legislation.pdf 09-01148 Exhibit.pdf 09-01148 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0502 Commissioner Gonzalez: ER. S [sic]. Vice Chair Spence -Jones: No, RE.5. Commissioner Gonzalez: ER. S [sic]. Robert Ruano (Director, Grants Administration): Sorry Commissioner Regalado: RE.5, right? Vice Chair Spence -Jones: RE.5. City of Miami Page 93 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Ruano: RE. 5. Vice Chair Spence -Jones: That's what he means. Mr. Ruano: Commissioners, RE.5 is a resolution allowing for an application to the Safe Neighborhood Parks Bond Program, in an amount not to exceed 49,473, for Virginia Key Beach Park Trust with a match of the same amount coming from a capital project that's already been identified as the Virginia Key Beach Park historical restoration, dollars already been allocated Vice Chair Spence -Jones: So moved -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: -- but I have -- I do have a question. Mr. Ruano: Sure. Commissioner Gonzalez: We have a motion. Is there a second? Commissioner Sarnofff. Second Commissioner Gonzalez: There is a second. Discussion. Commissioner Spence -Jones, you're recognized. Vice Chair Spence -Jones: Robert, I'm just trying to find out from you how did we determine, for instance, in Virginia Key Beach -- and there's another item that follows right after it -- the areas in which we were going to tap in for these particular bond proceeds or these -- from the bond program itself? How did you make that determination? Mr. Ruano: It's typically from departments that wanted to apply for different parcels, you know, different entities throughout the City that wanted to apply for this. Vice Chair Spence -Jones: Okay. I've been -- Mr. Manager; I've been talking about parks that -- and spaces that we were trying to create parks in my district for almost a year and a half, and I know that one of those park is Buena Vista East. So Trust want to understand why, you know -- how was the determination made. I mean, no one came by our office and said okay, Commissioners, do you -- is there some particular parcel you have an interest in. You know, I know I'm not the only one that's up here thinking that, and I know that everyone knows that I support parks and kids. So -- and I -- every single time I have an opportunity to talk about, you know, additional parks that need to take place in the neighborhood, I always mention it. So I'm just -- what was your process? Mr. Ruano: Well, mostly, we reached out to departments and departments had told us of particular areas and people that came to us and said particular areas that they wanted to purchase properties in. And I'm sorry, I didn't know about Buena Vista at the time, but we're -- I think we can -- Vice Chair Spence -Jones: Mr. Manager, how long have I been talking about Buena Vista East and a park that needs to go in there? Your Parks Depart -- I know your Parks director definitely can -- Mr. Hernandez: Commissioner; yes. We have been talking about parks -- continue to have parks all over the City, but I think that this -- you're talking about item RE. 6. Mr. Ruano: Well, right now, RE.5, Virginia Key -- City of Miami Page 94 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: No. Mr. Hernandez: Right, but we're -- Mr. Ruano: -- Beach Park. Vice Chair Spence -Jones: No. RE -- I'm going to add on RE. 6 -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- but I just wanted to make sure that I -- I want to understand, you know -- I want to make sure things are transparent. I want to make sure that everyone sitting up here has the same opportunities that everyone else does, not because I have an issue with something then you want to try to figure out a way to make the park happen for me -- I mean, for my district. I mean, that's -- to me, that's not right. So I just want to understand your process. And it seems like there is no process. It's kind of like, okay, I just ask this department or I ask this individual and if they want to have a park, then that's fine. Then you -- I just want to know why this process was not, you know, available for every single Commissioner. Like why didn't you come to each one of our offices and say, hey, look. I'm going after Miami -Dade County's money for safe neighborhood and parks. Is there any parks -- do you have an interest or any land you have an interest in? Mr. Ruano: I'm sorry, Commissioner. We found out of some others and we did apply for some others, but that one just kind of slipped by and we'll make sure that we correct it in the future. Vice Chair Spence -Jones: Well, we're going to handle it in RE.6, so that -- Mr. Ruano: Right. Vice Chair Spence -Jones: -- but I think that you just need -- Mr. Ruano: You're right. Vice Chair Spence -Jones: -- to make sure that this doesn't happen again. I just feel -- Mr. Ruano: Sure. Vice Chair Spence -Jones: -- like it's very unfair, the process. So I already made a motion on it. Commissioner Gonzalez: All right. We'll -- we have a motion and we have a second right? Commissioner Regalado: Yeah. One comment. Commissioner Gonzalez: Commissioner Regalado, you're recognized, sir. Commissioner Regalado: On RE.5, I'm -- Mr. Manager, I'm sure that you have received, as we all have, requests from the Virginia Key Trust to get their budget approved because if they don't get their budget approved it's happening like the same thing in the County. It's costing them money every day that the new budget is not approved So if they have to lay off people, they have to do it now. If not, they will not have the budget complete. Is that a correct --? Mr. Hernandez: My understanding is that they do have a budget based on a meeting that they had over the weekend, this last weekend. However, on the other hand, I think that they know very well what is the position of the City Commission. So any personnel actions that are needed, City of Miami Page 95 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 they don't have to wait for this City Commission or Administration to allow them or to direct them to take that action. They can take it -- that action immediately. They know the money that they have to work with. Now, on the other hand, if you so desire -- I know that they have submitted a budget for 2010 that works with the allocations that they do have, their carryover dollars. And if you want to consider that at some point today, we can do so. Commissioner Regalado: I mean, that's the guidance they're seeking. And since -- Mr. Hernandez: It's -- Commissioner Regalado: -- the Commission is not going to raise their budget -- Mr. Hernandez: Right. Commissioner Regalado: -- or reduce it, it's the same that was approved. Mr. Hernandez: It's a very simple budget because it deals with how to use their present carryover of in excess of $400, 000. And I believe that they're reducing their personnel to two individuals plus some operational expenses, plus they are leaving a certain amount in reserve. And, if you so desire, we can distribute that budget to all the Commissioners and entertain it a little later. Commissioner Gonzalez: All right. Did we have a motion on the item? We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. RE.6 09-01163 RESOLUTION Office ofGrants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO MIAMI-DADE COUNTY'S SAFE NEIGHBORHOOD PARKS ("SNP") BOND PROGRAM, FOR GRANT FUNDING IN THE AMOUNT NOT TO EXCEED $500,000, FOR THE ACQUISITION OF LAND LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $3,004,262, FROM NON -GENERAL FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SNP BOND PROGRAM 2009 FUNDS GRANT APPLICATION, IN SUBSTANTIALLY THE ATTACHED FORM, WITH TERMS AND CONDITIONS OF SAID GRANT APPLICATION STATED HEREIN. 09-01163 Legislation.pdf 09-01163 Exhibit.pdf 09-01163 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0503 Commissioner Gonzalez: RE.6. City of Miami Page 96 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Robert Ruano (Director, Grants Administration): Yes, Commissioner. This is a related item. Well, it's the same kind of process, but a different property. Authorizing the City Manager to submit an application for Miami -Dade County Safe Neighborhood Parks Bond Program for grant funding in an amount not to exceed 500, 000, with a match not to exceed 3,004,262 from non -general funds to purchase a property on Brickell. It's a one -acre property. Vice Chair Spence -Jones: Mr. Chairman, I -- Commissioner Gonzalez: Yes. You're recognized Vice Chair Spence -Jones: We've already addressed my issue, and I'm going to -- I guess it's RE.7 is when I'm going to make my -- Mr. Ruano: Yes. Vice Chair Spence -Jones: -- amendment. But I do want to understand how we're going to address this whole issue of the match. You said non -general funds. Mr. Ruano: Non -general funds, yes, correct. Vice Chair Spence -Jones: So -- Mr. Ruano: Okay. Vice Chair Spence -Jones: -- does that mean that you plan --? Mr. Ruano: Sure. Vice Chair Spence -Jones: What do you plan on getting in the $3 million match? Mr. Ruano: We -- Pedro G. Hernandez (City Manager): Robert, allow me. Mr. Ruano: Okay. Mr. Hernandez: Reference to the match here, the funding will be 500, 000 from District 2 quality of life, the 500, 000, if we can obtain it from the grant, Safe Neighborhood Parks, some impact fee money that I haven't determined the amount because we're looking at the balances of all the projects and any new monies that may be available in the impact fee program, and the other source would be the Sunshine State financing that we have available to us to make up whatever the match is required. The match is still in a state of flux. We know more or less what it ought to be, but of course, any purchase by the City is based on appraisals, two appraisals within the last 60 days or so. Vice Chair Spence -Jones: Okay. Let me just say this 'cause I definitely know the folks on Brickell need a park. I mean, clearly, you have all those buildings there and they have children, they have families, and they deserve to have a park, so I support that 100 percent. I just want to make sure things are fair across-the-board. When it's time for us to bring projects that we want to have come up and we start talking about we can't even find, you know, a million dollar match or, you know, a $700, 000 match and then, all of sudden, we, hocus-pocus, figure out a way to make it happen. And everything the Manager just said like where he's going to find all these resources, to me didn't add up to $3 million. But I just want to remember this day and I want my colleagues to remember this day when we start talking about trying to find matches, you know, that the same thing applies for all of us sitting up here. City of Miami Page 97 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Ruano: Okay. Vice Chair Spence -Jones: 'Cause that math you just did was hocus-pocus. Mr. Hernandez: Well, I think it's -- Chair Sanchez: All right. Do we have a motion on this item and a second? Mr. Hernandez: -- you know -- Commissioner Sarnoff. No. Mr. Hernandez: -- solid. It took quite a bit of thinking and -- Chair Sanchez: Mr. Manager. Mr. Hernandez: -- I think it's solid. And Commissioner, on RE. 7, I will be very glad to modify RE. 7 to be able to add the Buena Vista parcel. Vice Chair Spence -Jones: Well, I just want to make sure that that happens, you know. But I'm -- it's beyond me. I'm trying to be fair to all my other colleagues that when it's time for them to have things happen as well, you know, that we do the same -- and not saying anything bad about Commissioner Sarnoff. Commissioner Sarnoff, you're doing your job. You're representing your constituents. They need a park, period. Chair Sanchez: Do we have a motion on this item? Commissioner Sarnoff: No. So move. Vice Chair Spence -Jones: Mr. Chairman -- Chair Sanchez: There's a motion. Is there a second? Vice Chair Spence -Jones: Yes. Mr. Chairman -- Chair Sanchez: We're going to have a motion and a second, then we open up for discussion. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: There's a second. That item is under discussion. You're recognized, Vice Chair. Vice Chair Spence -Jones: So it's not about you, Commissioner Sarnoff. It's just -- I just want it to be -- the process to be fair. I have literally been asking them for God knows how long for a park and then to know that we can automatically just find -- figure out a way to make it happen is wrong. So as long as we addressing this issue -- not just for me but for all my other colleagues that sit up here, the same thing applies. That's all I'm asking for. Mr. Ruano: Commissioners, ifI could, I'd like to just give you some information that's there for the record on the Brickell area and the reason why this park there is so important because of the extraordinary need there. I'll leave this with you, but essentially, total number of Brickell residential units are right now over -- a little over 20,000; estimated Brickell population -- Vice Chair Spence -Jones: Robert, you don't -- I -- we're clear on why we -- City of Miami Page 98 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Ruano: Okay. Vice Chair Spence -Jones: -- need a park there. I support -- it's not about me supporting a park. I support parks. Jay knows I support parks. It's not even an issue. It's the process and the fairness with the process. That's it. Nothing else. Chair Sanchez: All right. There's a motion and a second Any other discussion on the item? Hearing no discussion -- Commissioner Regalado: Mr. Chairman. Chair Sanchez: -- on the item -- Commissioner Regalado: Chairman. Chair Sanchez: Yes, sir. You're recognized for the record on RE. 6. Commissioner Regalado: Thank you. How much money are we still not collected in impact fees? Mr. Hernandez: Not collected? Commissioner Regalado: Right. Mr. Hernandez: Commissioner, I know that we have discussed that in the past. The number -- I hate to guess -- Commissioner Sarnoff.. It's in the threes. Mr. Hernandez: -- at it. Commissioner Sarnoff.. It's in the threes. Mr. Hernandez: In the threes? Commissioner Sarnoff.. Yeah. Commissioner Regalado: Yes. I remember 389, 000. Mr. Hernandez: Could be, Commissioner. I know that we have discussed it -- Commissioner Regalado: I remember that -- Mr. Hernandez: -- in prior conversations here in the chamber and I know that we're taking actions to be able to try to recover or collect on those expenses. Commissioner Regalado: But what kind of action are we taking? I mean, does the City Attorney is involved, the Administration, the -- what kind of action? I mean -- and how long are [sic] we been trying to collect that money? Mr. Hernandez: Commissioner, I know that it's been going on for a while. There is no question. I'm not prepared right now to give you facts, but I'll be glad to research this today and, before the end of the day, give you, even in writing, a status as to where we are and the actions that we're taking. City of Miami Page 99 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: Those impact fees are supposed to be used for this kind of -- Mr. Hernandez: Yes. They're supposed to be used to mitigate impacts on the community by new construction. Commissioner Sarnoff.. Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff.. You know, just so the record's clear in terms of fairness. Brickell has seen unprecedented growth since 2005 to today. They account for 44 percent of the entire City of Miami impact fees that are supposed to be directed to parks. They have received none of that money, none of that money. So just let's be clear on fairness and what an impact fee is. An impact fee is not a tax. We are not a taxing authority. An impact fee is supposed to mitigate the actual feel, the impact of large high-rise buildings by decreasing the land structures and open space in an entire neighborhood. Brickell has felt that more than any other place in all of our fair city. And it is only just, fair, and appropriate that the now 20,000 residents, of which almost 3,000 are children, account for no park space. There are none. And while we all like to kick and cajole our folks on Brickell because they are the highest taxpayers in all of the City of Miami, we give them so little in return, yet we ask so much of them. And it is only appropriate that -- I'm not speaking as the district Commissioner. I'm speaking about the actual place where the impact was felt. 'Cause it's not fair to put this money in District 2. It's only fair to put the money where the impact occurred, same as throwing a hand grenade. If you threw a hand grenade over in that corner of City Hall, you wouldn't go back there and start repairing. That is what an impact fee is supposed to do. It is supposed to mitigate the feel and mitigate the largesse, mitigate the psychological feeling of having extremely large buildings all around you. And that's why we have a park impact fee. So I want to be clear that it's only fair and just that the place that has received no impact fee, yet accounts for as much as 44 percent of that impact fee, should receive a small smidgen of the impact fees the City of Miami has incurred. Thank you. Chair Sanchez: Vice Chair, and then I'll go ahead and close it. Vice Chair Spence -Jones: Yeah. Let me just -- once again, I want to make sure that we're -- at least it's clear from my perspective and the neighborhood's perspective of what my point was. My point wasn't whether or not Brickell deserves to have a park. My point was process. My point was every single last one of these Commissioners should be afforded the same opportunity, with your office or with the Manager's office, to let you know what parks are important and what areas are important to us as well. I'm not trying to take anything -- Commissioner Sarnoff is doing his job. He's representing his constituents. I'm just trying to do mine. So whether or not, you know, all of the money has been generated over in that area and the park has not happened there, he should be fighting for that park. I'm just fighting for my community as well. And I'm just asking you, Robert, like when you get ready to decide what land you want to buy in certain areas and where parks are needed, you should be asking us all the same question. And that's the only thing -- statement I was trying to make. Make sure it's straight across-the-board. Mr. Ruano: And Commissioner, I promise that in the next month and with the new Commissioners too, I will sit down with everybody and go through their priorities for the year as we look at grant funding. Chair Sanchez: Just to add on what Commissioner Sarnoff said on the impact fees and the fairness of this. I think it's important to know that impact fees that have mostly been generated in that area have been used in the past to benefit the entire city. I take great pride in saying that a lot of that impact fee was used for the Jose Marti gym. The impact fee were also used for City of Miami Page 100 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Grapeland Park and also for Little Haiti soccer park So these impact fees have benefited the entire city. Now if you look at the need of the community and you look at overall representing the entire city and you look at the Brickell area, the facts that have been put on the record are very, very clear. I mean, it's an area that continues to grow. It's an area that's -- you have South Miami Avenue and you have Brickell with families, and really, they have no passive park to really enjoy with their family. The only nearby park is Simpson Park, and that's not a family park to go -- I mean, it's a hammock park to go and really enjoy nature. But if you look at the idea of creating a park there in the Brickell area, I think it's a great idea. And looking at how it's being funded this item only authorizes the Manager to apply for certain County grants and stuff to be able to come up with the money. The money that's possibly going to use for impact fees as what is stated on the record is possibly what, half a million to a million dollars? Mr. Ruano: Correct. Chair Sanchez: Is that correct? Mr. Ruano: Correct. Chair Sanchez: So overall, I think this is where the City should be heading as to the needs of our community. Now there's also -- just -- this is just my suggestion out there. Looking at the CRA (Community Redevelopment Agency) expansion, there was some money that was going to be put in therefrom impact fees. Now we've all agreed that all the money generated by the expansion of the CRA should stay at the CRA and should benefit the CRA. Maybe, Mr. City Manager, looking at those funds that are there, some of those funds could be used for that park. You know what I'm talking about? Mr. Hernandez: I believe so, sir. I think that you're talking about allocation of impact fees -- Chair Sanchez: And Sunshine -- Mr. Hernandez: -- to projects within the CRA and whether we should be using CRA funds and then releasing those impact fees to be used throughout the City in other areas. Chair Sanchez: Now the one thing that we could all agree on, that we're not going to be touching the general fund and that's -- Mr. Hernandez: Exactly. Chair Sanchez: -- these are not times -- and I do -- would agree with anybody now that these are not times for us to be dipping into our general funds to be purchasing parkland and stuff. But the way it is being designed and the way it is being put together, I think it's a step in the right direction to acquire more parkland for an area that needs that service and of course, provides significant revenues for this city. So having said that, I think it's been discussed. There's been a motion and a second. It is a resolution. We are on RE. 6. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.7 09-01159 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO PURCHASE THE REAL PROPERTY LOCATED AT 1814 BRICKELL AVENUE, MIAMI, FLORIDA (THE "PROPERTY"), BY (I) ASSUMING THE BUYER'S RIGHTS UNDER THE COMMERCIAL CONTRACT ATTACHED AS EXHIBIT "A", OR City of Miami Page 101 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 (II) NEGOTIATE AND ENTER INTO AN AGREEMENT FOR THE PURCHASE OF THE PROPERTY WITH THE PROPERTY OWNER, DIRECTLY OR THROUGH THE TRUST FOR PUBLIC LAND, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN TERMS NOT LESS FAVORABLE THAN THE TERMS SET FORTH IN EXHIBIT "B"; FURTHER AUTHORIZING THE CITY MANAGER TO CONSUMMATE THE TRANSACTION AND EXECUTE ALL AGREEMENTS RELATING THERETO, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITATION, A COVENANT WITH THE FLORIDA DEPARTMENT OF STATE RELATIVE TO THE PRESERVATION OF UNMARKED HUMAN REMAINS ON THE PROPERTY (THE "COVENANT", IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT "C"; FURTHER AUTHORIZING THE PAYMENT OF ALL FUNDS NECESSARY TO CONSUMMATE THE PURCHASE, INCLUDING THE PURCHASE PRICE AND/OR LEASE PAYMENTS, CLOSING COSTS AND COSTS RELATING TO THE IMPLEMENTATION OF THE COVENANT FROM NON -GENERAL FUNDS. 09-01159 Legislation.pdf 09-01159 Exhibit 1.pdf 09-01159 Exhibit 2.pdf 09-01159 Exhibit 3.pdf 09-01159 Exhibit 4.pdf 09-01159 Exhibit 5.pdf 09-01159 Exhibit 6.pdf 09-01159 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0504 Chair Sanchez: We move on to RE.7. I do apologize. I want to take this opportunity to apologize for getting here late. I have been under this flu and I have basically not taken care of myself. As a matter of fact, yesterday I spent most of the night at Mercy Hospital, went home and took a little rest and I'm here because I feel that we have some very, very, very important items that we need to address and put closure to to move this city forward. RE.7. Pedro G. Hernandez (City Manager): City Manager, RE.7 is an item that, in essence, we have already been discussing as part of RE.6, and it's the one that, in essence, authorizes the Administration to -- Madeline Valdes (Acting Director, Public Facilities): To purchase the property. Mr. Hernandez: -- pursue the purchase of the property. It's subject to the appraisal process, et cetera, and all the other conditions that the City needs to meet. Chair Sanchez: All right. Vice Chair Spence -Jones: And Mr. Manager, you're also going to put something else on the record as well, right? Mr. Hernandez: Right. The -- as I mentioned before, I would like to propose an amendment to RE.7 to also direct the Administration to do -- follow the same steps for the Buena Vista parcel. Vice Chair Spence -Jones: East. City of Miami Page 102 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Chair Sanchez: All right. Can we get a motion and a second, as amended? Vice Chair Spence -Jones: Yes. Madam -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- City Attorney, you have a point? Chair Sanchez: For the record there's been a motion and a second, as amended Madam Attorney, you're recognized for the record Olga Ramirez-Seijas (Assistant City Attorney): I think we need some direction on the purchase price, if we're using the same criteria that we're using for the Brickell park. Vice Chair Spence -Jones: Yes. Ms. Ramirez-Seijas: We have an Exhibit B, the lesser of three million or two appraisals. And I want to make sure that we're just dealing with the average of the appraisals. In other words, it needs to be -- Ms. Valdes: For the Buena Vista park. Excuse me. Madeline Valdes, Department of Public Facilities. I think what she's saying is for the Buena Vista park, if we can use the same critierias [sic], which is the average of the two appraisals or less. Vice Chair Spence -Jones: Okay. Admin -- yes. The Administration should have all the information on the Buena Vista East park. Mr. Hernandez: Yes. Vice Chair Spence -Jones: I mean, you had it for -- Mr. Hernandez: And we'll follow -- Vice Chair Spence -Jones: -- a year and a half. Mr. Hernandez: -- the same process of getting the two appraisals and using the average of them. Chair Sanchez: All right. Priscilla A. Thompson (City Clerk): I'm sorry. Chair Sanchez: There's been a motion and a second, as amended Madam Clerk, did you get the amended -- Ms. Thompson: Yes. Chair Sanchez: -- the amendment on the record? Ms. Thompson: I only have recorded your mover as Commissioner Gonzalez. I didn't hear the seconder. Chair Sanchez: Commissioner Sarnoff. Ms. Thompson: Thank you. City of Miami Page 103 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Chair Sanchez: It's his item. Ms. Thompson: Thank you. Chair Sanchez: All right. There's a motion and a second as amended It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Valdes: Thank you. RE.8 09-01180 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO CONSTRUCTION ADMINISTRATION AGREEMENT AMONG MIAMI-DADE COUNTY ("COUNTY"), THE MARLINS STADIUM DEVELOPER, LLC AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, TO REDUCE THE COUNTY'S FUNDING COMMITMENT AND THE INITIAL STADIUM PROJECT BUDGET, BY $6,200,000. 09-01180 Legislation.pdf 09-01180 Exhibit.pdf 09-01180 Summary Form.pdf DEFERRED Note for the Record. Item RE.8 was deferred to the City Commission meeting currently scheduled for November 19, 2009. Chair Sanchez: All right, RE.8. Vice Chair Spence -Jones: Mr. Chairman, I do -- Chair Sanchez: All right. Can we get a motion on RE.8? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion. Is there a second? There is no second on RE.8. All right, why don't we wait for Commissioner Sarnoff to come back and we'll pick up this item, that way we'll have a full Commission on RE.8. Let's go on to -- All right, why don't we pick up the items that were tabled Madam Attor -- Madam Clerk, if you could help me out here. I -- Priscilla A. Thompson (City Clerk): Yes, sir. The items that were tabled -- Vice Chair Spence -Jones: Mr. Chairman, if we can, I know that we're going to wait for Commissioner Sarnoff to come back, butt do -- I would like to defer this particular item until after lunch, if we can, 'cause I need more clarify on this issue. Chair Sanchez: On which item? Larry Spring (Chief Financial Officer): Which item? City of Miami Page 104 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: On RE.8. Mr. Spring: Okay. Vice Chair Spence -Jones: Is that all right, Larry? Mr. Spring: That's fine. Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes, sir. Commissioner Gonzalez: What you have pending is SR.1. Ms. Thompson: I'm sorry, Chair. I am really sorry, Chair. So we're showing RE.8 as tabled 'til after lunch? Is that correct? Chair Sanchez: It'll be the first item after lunch -- Vice Chair Spence -Jones: After lunch. Ms. Thompson: Thank you. Chair Sanchez: -- at 2 o'clock Ms. Thompson: Thank you. [Later..] Vice Chair Spence -Jones: No other -- is there anything else outside of my blue pages? The only thing on -- Priscilla A. Thompson (City Clerk): We -- RE.8. Pedro G. Hernandez (City Manager): RE.8 will be deferred -- Ms. Thompson: Thank you. Mr. Hernandez: -- to the next meeting. END OF RESOLUTIONS City of Miami Page 105 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 DISCUSSION ITEM DI.1 09-01109 DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES. 09-01109 Summary Form.pdf DEFERRED Note for the Record. DI.1 is deferred to the City Commission meeting currently scheduled for November 19, 2009. Commissioner Sarnoff. So moved to adjourn. Vice Chair Spence -Jones: No. I know. There's some other items. I'm just saying the PZ (Planning & Zoning), I know we finished Commissioner Regalado: Yeah, but I -- Vice Chair Spence -Jones: But D -- Commissioner Regalado: -- just want to make a comment, okay? Vice Chair Spence -Jones: Okay. Commissioner Regalado: And the comment is that for those critics, my last five votes were ` yes. " Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: All right, D1 [sicd, quarterly update. We're deferring that to another time, right, Mr. Manager? Mr. Hernandez: Yes. Vice Chair Spence -Jones: Okay. END OF DISCUSSION ITEM City of Miami Page 106 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 EXECUTIVE SESSION 2:00 P.M. ES.1 09-01110 EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. S. 286.011(8), F.S. [2008]. THE Attorney PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING CONSOLIDATED LITIGATION CASES OF: SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), AND NADINE THEODORE V. CITY OF MIAMI, CASE NO.: 99-28417 CA 15, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER; JOSEPH SEROTA, ESQ., AND JOHN J. QUICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 09-01110 Memo.pdf 09-01110 Notice to the Public.pdf DEFERRED Vice Chair Spence -Jones: Before we get started though, I'd like to officially bring the meeting back into session. Before we do that, Madam City Clerk, is there anything that you'd like to put on the record? Priscilla A. Thompson (City Clerk): We do need to make clear to everyone that the executive session was deferred -- we are not having the executive session -- because that was advertised. Vice Chair Spence -Jones: Okay, so everybody's clear on that, right? So we're going to officially go 'head [sic] and get started with the overall P&Z (Planning & Zoning) portion of the agenda. END OF EXECUTIVE SESSION City of Miami Page 107 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 PART B: PLANNING AND ZONING ITEMS Vice Chair Spence -Jones: Madam City Clerk, do you want to go 'head [sic] and swear people in? Priscilla A. Thompson (City Clerk): Yes. I -- before I swear them in, I'm sorry, I'd like to find out if you are speaking today -- if there's anyone present that would need a Spanish or Creole interpreter, can you please come forward now so I'll know who -- or raise your hand if you need Spanish or Creole interpreters. Okay. There's no one. All right. Okay. Now if you are going to present testimony or speak on any of the P&Z (Planning & Zoning) items, I need you to please stand and raise your right hand so that I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Okay. So I guess we're going to go 'head [sic] and get started And I was told that we wanted to take PZ 13 and PZ 14 -- to at least get those two out of the way. And then I want to make up some of the time on the other items between PZ 1 and PZ 4, and hopefully the other Commissioners will be here by then. PZ.1 09-00927zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, BY ADDING A NEW SECTION 921 ENTITLED "BICYCLE PARKING", TO PROVIDE BICYCLE PARKING FACILITIES; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00927zt PAB Reso.pdf 09-00927zt CC Legislation (Version 5).pdf 09-00927zt CC SR 10-22-09 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 September 16, 2009 by a vote of 7-0. PURPOSE: This will include off-street bicycle parking requirements for new developments with limitations. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez City of Miami Page 108 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 13117 Pedro G. Hernandez (City Manager): Mr. Chair, we have PZ 1, 2, 3, and 4. It's a second reading. They're very quick items, I would say. Alexander Adams (Planner II): All right. My name is Alex Adams, with Planning Department. PZ.1 is an ordinance on second reading. This is -- was approved on October 8. This is for bicycle parking in the City ofMiami, and we ask you to move -- Vice Chair Spence -Jones: Can I have a motion on this item? Mr. Adams: -- we ask you to -- Commissioner Regalado: Move it. Vice Chair Spence -Jones: Oh, is this a public hearing? Yes, it is. Would like to open up to the public, if anybody has any questions on the bike -- Commissioner Regalado: You need a second Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Second Vice Chair Spence -Jones: Do I have a second? Commissioner Regalado: Second He second. Vice Chair Spence -Jones: Do I have a second? Commissioner Sarnoff. Yes, second. Mr. Hernandez: Second. Vice Chair Spence -Jones: All right, motion, second. Like to open it -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair [sic], I'm sorry Commissioner Regalado: I move it. Ms. Thompson: Thank you. Commissioner Regalado: Commissioner Sarnoff seconds it. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All right, would like to open it up to the public. Any questions? Maria J. Chiaro (Deputy City Attorney): Close it. Commissioner Regalado: Close the public -- Vice Chair Spence -Jones: All right, it comes back to the dais. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City ofMiami Page 109 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Thompson: Your roll -- Vice Chair Spence -Jones: Roll call. Ms. Thompson: -- call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.2 09-00949zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FORA NEW ARTICLE 8.2 ENTITLED "LANDSCAPE ORDINANCE"; CONTAINING A SHORT TITLE AND APPLICABILITY, INTENT AND PURPOSE, DEFINITIONS, PLANS SUBMISSION, MINIMUM STANDARDS, PLANS REVIEW CRITERIA, ENFORCEMENT, MAINTENANCE AND POLICIES THAT ENCOURAGE THE USE OF ENVIRONMENTALLY -PREFERRED LANDSCAPE AND IRRIGATION METHODS FOR THE CITY OF MIAMI ("CITY"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00949zt PAB Reso.pdf 09-00949zt CC Legislation (Version 3).pdf 09-00949zt CC SR 10-22-09 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 September 16, 2009 by a vote of 7-0. PURPOSE: This will establish minimum landscape standards that apply to all public and private development when a permit is required. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez 13118 Vice Chair Spence -Jones: PH 2 [sic]. Enrique Nunez (Chief of Urban Design, Planning Department): PZ.2 Vice Chair Spence -Jones: PZ 2. Pedro G. Hernandez (City Manager): PZ.2. City of Miami Page 110 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Nunez: this is PZ.2. Commissioner Regalado: Move it. Vice Chair Spence -Jones: Do we have a motion on this? A second? Commissioner Sarnoff Second Vice Chair Spence -Jones: Oh, sorry. All right, Madam Clerk. Mr. Nunez: This is a City of Miami landscape ordinance -- new landscape ordinance. Vice Chair Spence -Jones: Yes. Do we have a motion on this item? Commissioner Sarnoff Yes. Vice Chair Spence -Jones: Yes. Commissioner Sarnoff There's a motion. There's a second. Vice Chair Spence -Jones: And a second. We'd like to officially open this as a public hearing. Any comments? No. It comes back to the dais. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Vice Chair Spence -Jones: Roll call. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.3 09-00953zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO CREATE SECTION 951 ENTITLED "HEAT ISLAND EFFECT - ROOF" TO ADD SECTIONS THAT PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION OF BUILDING ROOFING SYSTEMS DESIGNED TO DECREASE THE ABSORPTION AND REMITTANCE OF ATMOSPHERIC HEAT IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00953zt PAB Reso.pdf 09-00953zt CC Legislation (Version 5).pdf 09-00953zt CC SR 10-22-09 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. City of Miami Page 111 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will reduce the heat island effect in the City of Miami and reduce energy consumption and bills for buildings within the City. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez 13119 Vice Chair Spence -Jones: Okay, PZ 3. Pedro G. Hernandez (City Manager): Three. Vice Chair Spence -Jones: Okay. Robert Ruano: Commissioners, Robert Ruano, director of Grants Administration. This is an ordinance creating -- well, entitled "Heat Island Effect - Roof' to add sections for environmentally responsible construction of building roofing systems, essentially light-colored roofs on R-3 and above. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: We have a motion. Commissioner Regalado: Second Vice Chair Spence -Jones: We have a second This is a public hearing. The public hearing is open. No comments; comes back to the dais. 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. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.4 09-00954zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO CREATE SECTION 952 ENTITLED "HEAT ISLAND EFFECT- NON ROOF" TO ADD SECTIONS THAT PROVIDE FOR ENVIRONMENTALLY - RESPONSIBLE METHODS FOR COOLING AND SHADING OF HARDSCAPES IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00954zt PAB Reso.pdf 09-00954zt CC Legislation (Version 5).pdf 09-00954zt CC SR 10-22-09 Fact Sheet.pdf City of Miami Page 112 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will reduce the heat island effect in the City of Miami by requiring that at least 50% of the hardscape surfaces at new construction sites (1) use reflective hardscape materials, (2) provide shading for hardscapes within five years, (3) use vegetative paving systems, or (4) some combination of the above. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez 13120 Vice Chair Spence -Jones: PZ 4, last one. Robert Ruano (Director, Grants Administration): Commissioners, second reading, also very similar ordinance. It's to -- it's "Heat Island Effect - Non Roof" It's essentially to provide for environmentally responsible methods for cooling and shading of hardscpapes. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: We have a -- Commissioner Regalado: Second Vice Chair Spence -Jones: Okay, we'd like to open this to the public. No comments; comes back to the dais. Ordinance, please. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.5 06-02095 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE", INCLUDING DEFINITIONS, GENERAL PROVISIONS WHICH ALSO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR City of Miami Page 113 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 THE ENTIRE CITY OF MIAMI, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000, AS APPLICABLE, AND REPLACING IT WITH THE MIAMI 21 CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. 06-02095 PAB 04-18-07 Reso.PDF 06-02095 PAB 12-17-08 Resos.pdf 06-02095 Miami River Commission Recommendations.pdf 06-02095 PAB 01-07-09 Resos.pdf 06-02095 CC Legislation (Version 5).pdf 06-02095 CC SR 10-22-09 Fact Sheet.pdf 06-02095-Submittal-Admi nistration.pdf 06-02095-Submittal-Barbara K. Bisno October 22, 2009.pdf 06-02095-Su bmittal-Correspondence. pdf 06-02095-Submittal-Elvis Cruz.pdf 06-02095-Submittal-Bob De La Fuente.pdf 06-02095-Submittal-Carter McDowell.pdf 06-02095-Submittal-Mallory Kauderer.pdf 06-02095-Submittal-Alyce Robertson.pdf 06-02095-Submittal-Charles Tavares October 22, 2009.pdf 06-02095-Submittal-Truly Burton.pdf 06-02095-Submittal-Proposed Amendment.pdf 06-02095-Submittal-Xavier Lesmarie.pdf 06-02095-Submittal-Bennet Pumo October 22, 2009.pdf 06-02095-Submittal-Brenda Newman.pdf 06-02095-Submittal-Dean Lewis October 22, 2009.pdf 06-02095 Exhibit A (Miami 21 Code) SUB.pdf 06-2095 Exhibt B (Miami 21 Atlas) SUB .pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On March 5, 2007, unanimously found the draft "Miami 21" East Quadrant to be consistent with the Miami River Corridor Urban Infill Plan, subject to conditions*. Also, on January 5, 2009, by a vote of 11-0, found the revised draft "Miami 21" to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to conditions*. PLANNING ADVISORY BOARD (PAB): Recommended approval with conditions* of the Miami 21 Code and East Quadrant to City Commission on April 18, 2007 by a vote of 7-2. The PAB also recommended approval with conditions* to City Commission on December 17, 2008 of revisions to the Miami 21 Code since the April 18, 2007 vote. On January 7, 2009, the PAB also recommended approval with conditions* of the Miami 21 Atlas on each of the three remaining quadrants (North, West and South). *See supporting documentation. City of Miami Page 114 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 PURPOSE: This will adopt the new "Miami 21 Code" and the "Miami 21 Atlas" for the entire City of Miami. Motion by Commissioner Gonzalez, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado 13114 Commissioner Gonzalez: Let me announce that Miami 21 is going to be taken up at 2 p.m. this afternoon. If there is anybody here for Miami 21, I want you to know that we won't hear it until 2 p.m. So if you have anything else to do, you know, I don't want you to be sitting around waiting for Miami 21, which is not going to happen this morning. [Later...] Vice Chair Spence -Jones: So I think we should just go 'head [sic] and move into Miami 21. Administration ready? Madam City Clerk, do we need to --? We've already sworn everyone in, right? Priscilla A. Thompson (City Clerk): Yes. We've sworn in everyone. Vice Chair Spence -Jones: Okay. Ana Gelabert-Sanchez: Good afternoon. Ana Gelabert, Planning director. Since Miami 21 first reading approval on September 4, the following, the State of Florida Department of Community Affairs, DCA, determine future land use amendments of Miami 21 consistent with Florida Statutes. The South Florida Regional Planning Council found amendments consistent with the strategic regional plan -- policy plan for South Florida. Miami -Dade County found amendments consistent with the Miami -Dade Comprehensive Development Master Plan. Other agencies found Miami 21 consistent, Miami -Dade County Public School, South Florida Water Management District, Department of State Historical Resources, and Florida Inland Navigational District. On the last approve -- on the last hearing under Miami 21, you approved, with staff modifications, the following: adopted the PAB (Planning Advisory Board) recommendations with no staff objections. You adopted the DDA (Downtown Development Authority) amendments, A, C, D, E, I, J; incorporated Barbara Bisno's recommendation, except for waivers; adopted suggested mapping changes for Palm Grove and Bayside neighborhoods on Northeast 61st Street; approved modification for parking lots adjacent to T3 and requested white papers for Little River Business District, Ben Pumo, Miami Neighborhoods United waivers and Section 1305 and 1306. And we also got a request to look at Brickell T6, a possible T6-48 transect. There were also two mapping requests that we were asked to look, which was in Buena Vista and East Coast Fisheries. At this point, I would like to go through what staff is recommending on this second reading. As far as Downtown Development Authority, on Item A, public benefits, specific standards and methodology, was included Section 3.14.4, Item B, clarification of phases for previously -approved projects; Item C, extension of existing development approvals; Item D, clarification for criteria for determination of non -substantial deviations for development approvals; Item E, clarification of criteria for determination of substantial deviations from development approvals; Item I, revise various portions of Article 7 to mandate application of Table 12 standards and criteria. That's DDA. On Barbara Bisno's, what we are recommending is Item 1, nonconforming multifamily residential, the addition of multifamily to those structures allowed to rebuild in case of disaster without special permit; Item 2, amendment to exhaustion of administrative remedies. This will be new language to be incorporated allowing for exhaustion of administrative remedies by appellant or -- and will add "authorized representative." Item 4, notice of interpretation, determinations, warrants, City of Miami Page 115 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 exceptions, and variances to neighborhoods. Notice of such actions to be distributed to the NET (Neighborhood Enhancement Team) offices with subsequent distribution to the registered associations. Item 5 -- Commissioner Regalado: No, Ana. Ms. Gelabert-Sanchez: I'm sorry. Commissioner Regalado: Stop right there. Mr. Manager, we don't know yet your proposal for the NET offices, so how does it relates to the notifications? Pedro G. Hernandez (City Manager): Commissioners, we'll have a sufficient NET support for the program and the requirement to provide notices. We'll have a minimum of nine NET offices throughout the City with enough support to continue to handle these requirements of notification without a doubt. Commissioner Regalado: And the support is from the staff from the NET? Mr. Hernandez: Yes, definitely. They will have -- each one of the offices will have a service representative and a service aide and a NET director to be able to continue to do the functions that they have been carrying out up to this moment. Commissioner Regalado: Okay. Ms. Gelabert-Sanchez: Item 5, the retention of Section 1305 in variance provisions. Item 6, the reduction of waivers. We've reduced or revised the total of original waivers list by five. Signage, illumination. Revised language for illuminated and flashing signs in proximity to residential district. We've included it because we were asked to include it, although staff has a concern with the word "illuminated" We're concerned that it's a hundred feet from residential neighborhoods, that it may affect some neighborhoods that it may be unintended consequences. But we've introduced it because we were asked to do it. Commissioner Sarnoff.: What does that -- what does it mean when you say you've introduced it? What is that? Ms. Gelabert-Sanchez: Well, the language, the way it's written is flashing signs are of a concern. On the last hearing, we were asked to include add illuminating signs. But, for example, there might be a building that might have a sign that might be not flashing, just illuminating. If it's a hundred feet from any residential district, that could be in Brickell facing 15th Road that could be 8th Street, if it's facing a residential. It could be -- affect other commercial corridors, so that's our concern on the illuminating sign prohibiting a hundred feet from residential. That would be added language. The flashing is today and that's what we have, but that's the concern we have with the -- adding the word "illuminating" signs and putting the limitation that it cannot be a hundred feet from any residential district. Commissioner Regalado: So what -- Ms. Gelabert-Sanchez: We would -- I'm sore. Commissioner Regalado: -- does this proposal says? Ms. Gelabert-Sanchez: The -- I'm sorry, Commissioner. The one that we were -- the Tower Theater, for example, if it has the -- Commissioner Regalado: You're recommending what? City of Miami Page 116 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: We're recommending not adding the word "illuminating." We're adding -- we would like to delete that word We would not like to put illuminating. Barbara had given language and because the Commission had requested that we put it in, we put it in, but we would recommend that the word "illuminating" is not included in this limitation. Commissioner Regalado: Only flashing? Ms. Gelabert-Sanchez: Flashing today is already a limitation. It's the word "illuminating." It could be pretty much like, you know, the Tower Theater, for example. If it's high enough that from a hundred feet you can see it from a residential area, you couldn't have it. If the ones on Brickell -- if anything that is facing south and 15th, just because it's residential district, you couldn't have it. The buildings that are illuminated you couldn't have it. And I think it might affect -- and we're concerned that it might have unintended consequences where we have commercial corridors in proximity to residential districts. Again, it's illuminating. Commissioner Regalado: So would you -- Ms. Gelabert-Sanchez: We would recommend stricking [sic] that. Commissioner Regalado: -- but you didn't delete `flashing"? Ms. Gelabert-Sanchez: We did not -- no, we did not. Flashing, I believe, is already a limitation today. Commissioner Regalado: And those -- the new billboards approved by the City Commission, those are flashing. Ms. Gelabert-Sanchez: On the billboards, Commissioner, I would like to defer to -- I was referring to signs and the concern that we were looking is on buildings themselves. Commissioner Regalado: Billboards is fine. Ms. Gelabert-Sanchez: No, I understand I guess the concern was on buildings that might have a sign that might have to be illuminated because at night you would need to see it. And this restriction might be affecting a lot of commercial corridors. That was our concern. Commissioner Regalado: I know that, but billboards are signs and most -- and the new criteria is flashing because it changes from one to another. Orlando Toledo: Orlando Toledo, director of Building and Zoning. When you're looking at the billboards regarding the LEDs (Light -Emitting Diodes), those ain't flashing. I mean, they're going to be lighted, but they're going to be -- I mean, they will move every ten seconds. And the way -- and it's not flashing. The way it was approved, it's 300 feet away from residential property. Commissioner Regalado: But they are -- Mr. Toledo: But again, they're not flashing. It's a static light that then, every ten seconds, is when it's going to change image. Commissioner Regalado: It may not be flashing to you, but to the driver, it is, or to the resident because it changes every ten second [sic]. But I'm just saying this because, for instance, LeJeune corridor will be totally affected because of -- they have LEDs there. So you know the consequences, right? City of Miami Page 117 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: On the Little River Business District, on the D1 density, Item 1, per acre, we -- last time we had nine units per acre. We're increasing it to 18 units per acre. Item 2, the modifications to the nonconformity section, this one we had changed but it -- there was a concern last time brought on this -- from this group, the assessed value method. We had -- we changed that to the square footage method. The -- permit single -story buildings in T5 and T6; its change ensures that single -story buildings will be conforming in these transects. There's language to say that they will not be nonconforming. To incorporate objective criteria for substantial modifications, clarification of criteria for determination of substantial deviations from development approval has been included. Mr. Bennet Pumo, Item 2, was the same concern as the last, to increase the DL We've increased it from nine units per acre to eighteen units per acre. The same concern on the single -story buildings. We've -- there's added language that says that the one-story buildings on T5s and T6 will not be nonconforming, that they will be able to enlarge. Division of unit per lot of record language. That has been done, and again, like on the first one, the item, it will be -- has been increased from nine to eighteen. Item 5, removal of warrant requirements for manufacturing and processing facilities in Dl. Such facilities are now permitted by right, so we've eliminated and clarified some language in Article 6. We've removed that it's no longer by warrant. Item 7, modifications to nonconformity section. Again, it's the change from assessed value method to square footage method. And last on damage caused by tenant, occupant. Remove references to occupant -caused disasters. Let's see, on Miami Neighborhoods United, Item 3, bonus for T6-8 properties abutting CS. We -- this would be new revision to the language that will preclude the use of bonus by T6-8 properties abutting CS zones. Commissioner Sarnoff What is CS again? Ms. Gelabert-Sanchez: It's the civic -- it's parks. Commissioner Gonzalez: It is what? Ms. Gelabert-Sanchez: Parks. Commissioner Gonzalez: Parks. Ms. Gelabert-Sanchez: Parks. Item 4 is the incorporation of Section 1305 and 1306, which is under 11000, into Miami 21 criteria. That language has been revised and inserted into Table 12. Even if it was already mentioned in the code as a part of the form -based code, we've added the language to Table 12. The vocabulary was revised to be consistent with Miami 21 language and goals, revised various portions of Article 7 to mandate application of Table 12 standards and criteria. Item 7, parking deferral post -Code has been revised to require that a deferral be granted by exception. We had it by waiver. Now it would be by exception, so it's a public hearing. Item 12, permits issued in error. This will be new language added modification to Code that would read an approval issued in error shall not confer any rights to construction or occupancy. Modification will allow Administration necessary discretion to determine if permit issued in error or bad faith and take appropriate action. Item 13, exhaustion administrative remedies. Language will be incorporated allowing for exhaustion of administrative remedies by appellant or authorized representative. Item 20, off-street parking reductions by use. There will be new language modification to propose ordinance requiring that remaining parking will be accommodated if converted to market -rate housing. Previous language read "may be accommodated" Staff recommendations on the waivers. We have the -- we've removed waivers that currently were allowed without a special permit. We've removed waivers covered by the ten percent standard waiver. Listed all waivers found throughout the Code. Reverted waivers currently requiring public hearing to exception. So our recommendation would be to adopt waivers as per the white paper revisions. There's a few additional clarifications and revisions. To allow the open-air retail in CI HT and reserve sections in Article 6 for green markets. I know City of Miami Page 118 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 we have one that it has passed on the health district. I know the Grove is coming with one, so we've just included the reserve in order that once this Commission passes it, we'll be able to insert it in Miami 21. We have modifications of time limits for nonconforming parking lots abutting residential. We've permit contiguous lots under one ownership prior to effective date of Miami 21 to exceed the maximum lot size. And we've replaced references from date of adoption to effective date. That's to reflect the 120-day transition period from Miami 21 becoming into effect. And we've clarified language of liners in T4. On the atlas amendments -- and these are the mappings -- the first one, it was brought up to you on first reading, but there has been land -use changes and that might have -- that came between first and second reading, so we would be incorporating land -use applications approved between first and second reading of Miami 21 into the Miami 21 atlas. The T48, we would be proposing -- Commissioner, on the stuck from 36, the proposal after reviewing it, it would be -- you asked us to look at SD-7. When we went to the DDA to make the presentation, they passed a motion asking us to look at SD-5. So our proposal, what we would be here presenting to you would be to do that -- if -- make that change and it would read as a -- for SD-5, it would be a T6-48 with an FLR (Floor Lot Ratio) of 11. And for SD-7, it would be a T6-48 with an FLR of 18. The Cimex plant, which also was raised on first reading, it was a change from D1 to D2. The East Coast Fisheries, we were asked to look at it. We would be proposing on the upland portion, T6-36; on the water side, we would retain what we were proposing, which was a T6-8. On Palm Grove and Bayside, the changes were requested in first reading and that -- those will be incorporated. And lastly, the Virginia Key basin -- and this has come from other public hearings, but the change -- there was a concern of a T6-8 on the basin of Virginia Key, and we would be proposing making that change to CS, which is parks. And with that, the presentation is finished. Thank you vevy much. Commissioner Gonzalez: Any of the Commissioners have any questions? Commissioner Sarnoff.. The only thing I'd say, Ana -- I'm sorry. Did you want to --? Commissioner Regalado: No. I said if you want to open the public hearing first or -- Commissioner Gonzalez: The public hearing? Okay. I just have one concern about the PBA (Police Benevolent Association) property. I understand that there were two different zonings on that property. Has that been squared away? Ms. Gelabert-Sanchez: That is -- and I would be -- they would be asking -- the change that has been approved was for C-2, which would be the equivalent to D1, and we can make the change of -- instead of having the property divided in two zoning, we propose making that change to Dl. Commissioner Gonzalez: All right. So that's going to be park? Ms. Gelabert-Sanchez: That -- we will do that change too. Commissioner Gonzalez: All right. Thank you. All right. We're ready to open the public hearing. What I suggest is that people that are going to speak in favor of Miami 21, please take one podium, and people that are going to speak against it, take the other podium so we can keep moving. Let me ask. How many person are going to be speaking against Miami 21? Two, four, six, eight, okay. And in favor are the rest of the audience? All right. Very good Okay, Mariano, go ahead. Mariano Cruz: Mariano Cruz. Commissioner Gonzalez: Let me -- I'm sorry. Before -- Mr. Cruz: Two minutes. City of Miami Page 119 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: -- you start. Mr. Cruz: Two minutes. Commissioner Gonzalez: I'm going to be allowing two minutes to each speaker. I mean, we have had plenty of debate on Miami 21. I think that this is probably the four or fifth public hearing. And I believe that, in two minutes, you should have ample time to express any last-minute change or last-minute opinion on the plan based on the amendments that have been presented here today. Go ahead, Mariano. Mr. Cruz: Okay. Mariano Cruz, 1227 Northwest 26 Street. I am for Miami 21. First, it will simplify a lot of the problems that people have there since not everybody is a land use attorney, okay, or have the money to hire a land use attorney. First, one thing I'd like to say also, you know, is a plan is any detail or scheme or program or method work out beforehand for the accomplishment of an objective. Okay, we going through that, all the plan. One of the thing I question, too, I am for Miami 21, but we could have done a lot of this in-house, okay, a lot of this. I hope that later on, whenever they come in or review of how Miami 21 is working, we do it in-house. We got all these planner here. Let them work, too, okay. No, we have to recycle the former planner and put it there in Miami 21 too. No. That's (UNINTELLIGIBLE). Also, the amount of money spent. Look at the Miami Herald $17, 982 of this. I work for the post office. You could have mailed a lot of the postal bulk rate to everybody that came to the meeting a lot cheaper than spend -- oh, yeah, but we got to get the Herald. The Herald needs advertising. You know, (UNINTELLIGIBLE) there in Sacramento. Bottom line, they going to question how come the Herald is not getting advertising, $17, 982. Commissioner Gonzalez: Mariano, somebody has to pay for the reporters that are sitting around -- Mr. Cruz: I know. Commissioner Gonzalez: -- all day long doing nothing. Mr. Cruz: Okay, but remember -- Commissioner Gonzalez: Somebodk got to pay for that. Mr. Cruz: -- (UNINTELLIGIBLE) put a little thing there, a little square to -- for newspaper general advertising and advertise the post office bulk rate. It's a lot cheaper. And everybody, when they get home in the afternoon, what came into the mail? Everybody read the mail because I read junk mail, everything, okay. So -- everything. (UNINTELLIGIBLE) I am for because (UNINTELLIGIBLE) in two years I recommend that we go back and check. You got problem, let's go back to the other ordinance or whatever. Let's go back because we can't always fix it, but now if it ain't broke, don't fix it. Thank you. Commissioner Gonzalez: All right. I have just been advised by the City Attorney that we are going to be considering or voting on three items. Do you need to do any additional presentation on the other two items before the public speak? Maria' Chiaro (Deputy City Attorney): Mr. Chair, the three items are related, Items 5, 6, and 7. Commissioner Gonzalez: Okay. Ms. Chiaro: Item 5 is the Zoning Code of the City of Miami, known as Miami 21. Item 6 is the -- are the amendments that will be made to the Florida land use map -- to the City land use map, City of Miami Page 120 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 excuse me. And Item 7 is a historic preservation ordinance that will contain some transfer of development rights so that the historic preservation ordinance will work with Miami 21 if Miami 21 is enacted. You may, after some presentation from the Planning director on the -- Item 6 and 7 -- the presentation for Item 5 was already made, but Item 6 and 7, with some brief presentation, then you can take comment on all three items at the same time. Commissioner Gonzalez: At the same time. Ms. Gelabert-Sanchez: Yeah. For -- the only thing I would have to add, there's not a real pres - it's a not a presentation. It's just ifI could incorporate some language for PZ. 6, which would be the land use. And that was as a result of recommendations made by DCA, so if I may. There was only two things. One, to replace the height standards with intensity standards for four of the FLUM (Future Land Use Map) categories; the low density restricted to an FLR of 3, medium density to an FLR of 6, industrial to an FLR of 8, light industrial to an FLR of 10. And the other one was that they asked to add the following text to the restricted commercial category acknowledging that the FLUM designations for the three river cases which are in litigation are not effective until a final court order is issued. And the address of the properties are 221514 Street, 1818, 1884 Northwest North River Drive, and 1583 Northwest 24th Avenue. That's all. Thank you very much. Commissioner Gonzalez: All right. So those -- Commissioner Regalado: Ana -- Commissioner Gonzalez: -- three items should remain mute until the court make a decision, correct? Ms. Gelabert-Sanchez: That right now they remain with the -- that land use and zoning that we have, that they will not ask for us to change it, and that the courts will decide on what -- that we've committed is that when the courts decide if it's -- if they revert, they revert back to what they have. If not, they remain as they are, yes. Commissioner Gonzalez: All right. Commissioner Regalado: But you did went to mediation, right? Ms. Gelabert-Sanchez: I'm sony, Commissioner? Commissioner Regalado: You did went to mediation on those properties? Ms. Gelabert-Sanchez: We had a mediation hearing last week and we have reached an agreement and we're in the process of finalizing it with DCA. Last Friday we went up to DCA with the Legal Department and met with DCA and we -- Commissioner Regalado: Who went there? Ms. Gelabert-Sanchez: Friday. Who did? I'm sony. Commissioner Regalado: Yeah. Ms. Gelabert-Sanchez: Who did? The Legal Department, Rafael Suarez -Rivas, members of the Planning Department. We met with DCA and the intervener. Commissioner Regalado: Okay. But Ana, just to -- City of Miami Page 121 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: Yes, sir. Commissioner Regalado: -- understand. From the first reading in terms of number, what has staff recommend of the Planning Board that was not included on the first reading and Miami Neighborhoods United? How many items? One, three, four, thirty-two? Ms. Gelabert-Sanchez: Of the Miami -- let me see if I answer the question. Commissioner Regalado: Miami Neighborhoods United Ms. Gelabert-Sanchez: Miami Neighborhoods United submitted two papers -- Commissioner Regalado: Yes. Ms. Gelabert-Sanchez: -- that we were asked to review. Commissioner Regalado: Right. Ms. Gelabert-Sanchez: If I may, if I could -- Commissioner Regalado: No. Ms. Gelabert-Sanchez: -- count. Commissioner Regalado: I just want to know -- Ms. Gelabert-Sanchez: I -- Commissioner Regalado: -- how many staff is recommending of the -- Ms. Gelabert-Sanchez: -- think it's -- we're recommending a few of them. I just don't know the number by now because on the two papers they have, the items -- some of -- most of them are repetitive. But if I -- if you give me five minutes, I can go and count what is it that they have and I can give you an exact number. Commissioner Regalado: And on the Planning Board? Ms. Gelabert-Sanchez: The Planning Board, I believe we recommended most of them. The ones that I can tell you we did not on the atlas, the ones that come to mind were on -- Commissioner Regalado: The height. Ms. Gelabert-Sanchez: -- 27th Avenue and Coral Way. Commissioner Regalado: The height on Coral Way. Ms. Gelabert-Sanchez: Yes, on the atlas. Commissioner Regalado: And 27th Avenue. Ms. Gelabert-Sanchez: And 27th. The other ones, I believe that we -- Commissioner Regalado: You did not recommend that? Ms. Gelabert-Sanchez: On 27th and Coral Way, we did not. On the rest of the atlas changes, City of Miami Page 122 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 my recollection is that I believe we made all those changes, that we recommended those changes and they're here. Commissioner Regalado: And can you explain why -- Ms. Gelabert-Sanchez: Okay. I have them here. I can -- We did not -- Commissioner Regalado: -- 27th and Coral Way were not recommended? Ms. Gelabert-Sanchez: We felt that in that location, that anything lower than that was not going to be consistent with what was happening in Coral Way. So we felt that it was appropriate to have -- to allow for eight stories building. When -- we felt that the protection to the neighborhoods had been established by preventing the T6-8 bonusing up if they were abutting the T3. There is existing buildings right now on -- both on 27th and Coral Way that have similar height or higher. So we felt that eight stories for both streets, given their width and given what was happening, was appropriate. Commissioner Regalado: So you know -- you're aware that those buildings were fought by the residents, you know. Ms. Gelabert-Sanchez: We understand but the T6-8 actually limits what happened under 11000. Right now what we're saying is it was C-1. It was -- the height was unlimited. What we're proposing is a cap of eight stories. And what we are also proposing is that they will not be able -- T6-8 -- that would be citywide, but abutting a residential, a T3, could not ask for a bonus. And in addition to that, I know -- and we worked through this through the community. There were some additional restrictions we placed on the rear of the properties to create the transition to start at two stories versus -- I believe we had it at three. And in addition to that, when we thought if the property was -- the depth was more than a hundred feet, that it would be -- I believe it's a 10 percent setback. So that's how we felt that we were reducing, in fact, what it's -- what they have right now. But that's the reason why we felt Coral Way and 27th, eight stories was appropriate. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Commissioner Gonzalez: All right. Let's continue with the public hearing, and remember that we are addressing the three items that are being voted on this afternoon. Harry Gottlieb: Good evening. Commissioner Gonzalez: Good evening. Mr. Gottlieb: Harty Gottlieb, at 3173 Shipping Avenue. And first of all, I'd like to begin by saying that I'm a big fan of Elizabeth Plater-Zyberk and her projects, and I've been to Seaside and it is a most impressive project, and I'm sure that Miami 21 is a most impressive project also. But the reason why Seaside is as successful as it is and why Miami 21 will not be as successful as we want it to be is that Seaside started with a clean slate. Miami is a complicated zoning -- or I should say we have complicated zoning in Miami, and the reason why it has been so complicated is not because of the 11000; it's because of all of the variances and spot zoning and different things that the City has allowed to happen to the City of Miami. This is -- if the Commissioners here -- if many of the Commissioners here had respected the zoning here in Miami, we wouldn't be faced with all the spot zoning that we have, and we wouldn't be discussing having a new zoning ordinance. I noticed that Paris doesn't have a Miami 21. They're not toying to change their zoning. Washington, DC (District of Columbia) is not toying to change their zoning; Toronto, Montreal. I don't know who's trying to change their zoning to accommodate something like this. I think this is wrong. And I suggest very strongly that this be a stalemate and you vote City of Miami Page 123 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 2 to 2 or you vote to postpone this thing until the new administration takes over. Thank you very much. Commissioner Gonzalez: Thank you, sir. Next. Yes, ma'am. Barbara Bisno: My name is Barbara Bisno. I live at 1000 Venetian Way. And if I could take two seconds of my time to just congratulate us all, the community, for the engagement that we've been involved in for the last four years. The citizens have worked so hard, and I know the Commissioners and the staff have too. However this goes, it's been a -- it's a historic moment, I think, for the City of Miami and its residents. I made some suggestions for amendments at the first reading, and the staff has given the Commission a report on their actions. I have some quarrel with some of their report. I'm down to four issues from seven, so I hope that you will have the patience to work with me on this. The most important of the suggestions that I have at this time deals with the exhaustion of administrative remedies. It is a major impediment to objections being raised by residents, and what was -- I perhaps suggested -- I suggested perhaps inartfitl [sic] language to to; to say that if anyone is at the neighborhood -- from the neighborhood is at the PZAB (Planning & Zoning Appeals Board) meeting, then anyone from the neighborhood can appeal it. What has been -- and this Commission adopted that on first reading. What the staff has done, has taken the words "authorized representative" to stand for what I was trying to state. In the interim, since the first reading, there has been more opposition, and so instead of trying to work some language, which is difficult, to reduce the impact of this very, very severe impediment to an appeal, if you would approach it from the other way and say why do it? In a hundred years, we haven't had a problem. The staff -- I've asked the staff many times why? Has there been some problem with allowing a resident to appear at the City Commission if he or she didn't appear at the lower thing? No indications. The other thing is that in the white paper -- and I'm sorry, I may have missed Ms. Gelabert's presentation, if she concluded this. But in the white paper, they did not object to ask -- to adding the words "de novo" to the City Commission hearing, and I don't know if that was included in the report. I'm sorry if I missed it. In many meetings that we've been having, the issue has come up, well, if it's de novo, then what's the big deal? Everybody should be allowed, whether they were at the PZAB or not to appear at the City Commission hearings, so I would hope that this Commission will strike the language dealing with the exhaustion of administrative remedies, and I've presented some -- Commissioner Gonzalez: In conclusion because I'm allowing two minutes -- Ms. Bisno: I know, but -- Commissioner Gonzalez: -- to everyone, and I don't want to be accused of letting some people speak some more and other people speak less, so I want to keep it at two minutes. Ms. Bisno: It's hard. Commissioner Gonzalez: I know it's hard Ms. Bisno: Somebody's giving -- Hadley's giving me two minutes. Commissioner Gonzalez: Okay, very good, so you got two additional minutes. Ms. Bisno: I really hate to take it from Hadley. Hadley adds a lot to the discussion, so I hate to take it from Hadley. Commissioner Gonzalez: All right. Ms. Bisno: But let me just say the other -- they skipped over the fact that they did not include the City of Miami Page 124 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 notice of application for zoning interpretation. They told me there is no application. That's why they didn't do it. I've submitted language to you which recognizes it's an informal process. Notice still can be given at the end of that informal process to the neighboring properties of the property of the applicant and so on. The reduction of waivers. There has been no real improvement, and even the chart is misleading. They say there's appeals on several of the list, and they mean appeal to the PZAB. They're not talking about a real appeal right to the City Commission. They finally admitted in the white papers that none of the named waivers ask for more than 10 percent of change from a standard, so why all this long list? It makes no sense. What's left out of that list? We -- our position is do the 10 percent and then let there be an appeal to the City Commission from that -- from the PZAB decision on that 10 percent, and don't make this long list. They say it's ministerial. Nothing having to do with parking in Miami is ministerial. It can destroy a neighborhood either -- any way it goes. If the parking goes there from another development, it destroys. If there's not enough parking in that neighborhood, it destroys. So the -- and the last thing is the sign. There's two restrictions in this paragraph. It has to be 100 feet from a residential property and within the sight line of a residential property, and if that's true, we're saying it should not be illuminated or flashing. And it has already been adopted in the -- what they call "murals" and that's be -- so that a condominium new owner doesn't open up the shade and find out the first night they're there that there's an illuminated sign out their window. So -- Commissioner Gonzalez: In conclusion. Ms. Bisno: In conclusion. Okay, I've tried to go as fast as I can. I've -- the report was -- they did not include everything, and I hope that you will ask me questions if you have any further interest in the items I brought up. Commissioner Gonzalez: All right. Commissioner Regalado: Can I --? Ms. Bisno: Uh-huh. Commissioner Regalado: Mr. Chairman. You are an attorney -- Ms. Bisno: I am. Commissioner Regalado: -- and -- just want to -- Ms. Bisno: I'm not practicing right now. Commissioner Regalado: Huh? Ms. Bisno: I'm a retired assistant U.S. (United States) attorney. Commissioner Regalado: I understand Ms. Bisno: I'm not practicing law today. Commissioner Regalado: Oh, you're a federal attorney. I'd like to understand what is your take on why is the design of not having residents apply or appeal before the City Commission or City -- or citizen's board? Ms. Bisno: I can't give a legal opinion, butt can give an opinion. Commissioner Regalado: Okay. City of Miami Page 125 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. She obviously let her malpractice laps. Commissioner Regalado: Okay. Ms. Bisno: Exactly. The Commissioner knows why I'm being careful. It's an impediment to input by the residents. This is supposed to be Miami 21. We're not supposed to have very many instances when the residents need to put input. It's such a wonderful plan for the future. It's simply an impediment. It's just a way to stop resident input. I don't know any other way to put it. Commissioner Regalado: Okay. Ms. Bisno: That's my opinion. Commissioner Regalado: Thank you. Commissioner Gonzalez: Thank you. Ms. Bisno: Thank you, sir. Appreciate the opportunity. Commissioner Gonzalez: You're welcome, ma'am. Next speaker, go ahead Xavier Lesmarie: Good afternoon. I was not sure if this is the place for against or for. My name is Xavier Lesmarie, and I live at 718 Northeast 69th Street, and I own a property at 1561 Biscayne Boulevard Having said I'm not sure if we are against or for. I am for the concept of Miami 21, but there's something that you did not mention, which is this exception of the MiMo District, which seems to be capped now to 35 feet in height for any future development. That, I am against. If I may, I would like to give to the Commissioner some pictures. Commissioner Gonzalez: Sure. Give it to the City Clerk. Mr. Lesmarie: As I say, I support the Miami 21 idea, but I will not try -- I will totally unsupport [sic] the 35-feet limitation. I'm not going to try to prove you that 35-feet limitation has no historical, no architectural, no zoning, no aesthetical basis. I will be incompetent today, but the subject on this specific angle, I would like to architect, the staff advisor engineer, urban planner, density expert lawyer and maybe (UNINTELLIGIBLE) challenge you. It is said that the pictures is worth thousand wort, so I made a little collage with 11 pictures. Each picture represent a sample of some major architectural achievement built in Miami -Dade over the past 75 years. Each of those pictures will show you what you will deny us to enjoy in a future form, of course, on one of our largest commercial boulevard and most significant avenue of our city should you move forward with this 35-feet restriction. Again, bear in mind that we are talking of a historic district where existing (UNINTELLIGIBLE) barely exceed 20 feet and it is not -- we are not here to recreate the shameful and disgusting (UNINTELLIGIBLE) development that occurred in the 1960s along Millionaire Row in Miami Beach. If I may keep short -- (UNINTELLIGIBLE) next up and coming development (UNINTELLIGIBLE) in scale and in perspective. Judge them, please, Commissioner, on a case -by -case basis, but please, do not set today rules that will diminish your future chance to stand out, bringing more visitor on the MiMo District, resident, and more importunity, create job within the MiMo District boundaries. Thank you for your time. Thank you. Commissioner Gonzalez: Thank you. Ma'am, go ahead. Ben Fernandez: Good afternoon, members of the Board. Ben Fernandez, 200 South Biscayne Boulevard I'm here on behalf of various property owners in the City of Miami with Major Use Special Permit approvals and special permit approvals. And with me today is Ms. Truly Burton, City of Miami Page 126 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 the director of Government Affairs for the Builders Association of South Florida for Dade County. We would like to encourage you to adopt a minor amendment to Article 7 of Miami 21 that I've just passed around to you and shared with many of you as well before this meeting today. This amendment concerns the procedures for requesting an extension of existing approvals for major use permits, special permits, variances, that were granted under the current Code. Because we are heading into unchartered waters by adopting a form -based code in what is a built out city, we are asking you to give us flexibility -- to give the city flexibility to entertain requests for extensions in the future that may be merited. The additional language is specifically related to Article 7.1.3.5, and it would do two things. Number one, it would allow Class II permits to be extended for an additional time -- one-year time period, administratively, and secondly, and perhaps more importantly, it would grant jurisdiction to the new Planning and Zoning Appeals Board to approve extensions beyond the administrative extensions that are permitted by the Code, but only by public hearing and by resolution of the Planning and Zoning Appeals Board. We believe that this is -- would be an asset. It would allow the board to approve projects on a case -by -case basis and it would allow the City to continue to consider what are otherwise very good projects. I've also included in the attachment a provision from the City Code today that shows that projects can be extended really indefinitely and also I've included a provision, Section 33.317 of the Miami -Dade County Code, which shows you that this concept is not unprecedented. The County allows an applicant or a property owner to extend an existing permit in the face of a rezoning of the property. They have to go before a board. They have to request the approval and it can be continued and extender, so this is a tried and true legal concept. We think that it would not be inconsistent with Miami 21 and it would allow property owners to continue to avail themselves of the -- their investment -backed expectations. And I want to introduce Ms. Truly Burton, who would like to speak to you a little bit more about the Builders Association's position on this. Truly. Truly Burton: Very briefly. Truly Burton, on behalf of the Builders Association of South Florida. The purpose of the amendment, Madam Vice Chair and Commissioners, is really to try to help our members salvage whatever is left of their projects. We all know that economic conditions have been horrendous the past couple of years and all that these folks really now have left are their permit approvals. The concept is to gain judicious time extensions so that in the future, they could restart they projects more quickly. As -- and we are also working with the County on a two-year extension of all development approvals as well, so we are working as -- not only with the City, but also with the County, as well. I'm also going to put into the record our letter, which reiterates some of our continuing concerns regarding Miami 21 because we still do not think those are addressed properly at this point. Regardless of their continuing objections, I think going forward they do want to continue to work with the Administration and raise implementation issues that they see as this Code moves forward Thank you. Commissioner Gonzalez: Thank you. Commissioner Regalado: Could you --? Commissioner Gonzalez: Next. Commissioner Regalado: Ma'am, could you come back, please? I mean, what you're saying makes sense because of the economic situation of the country and the city and the state, but -- Ms. Burton: Yes, Commissioner. Commissioner Regalado: -- have you have any meetings with the Administration about this issue, extending the permits? What is their criteria, the staff? Ms. Burton: The staff? I have to -- City of Miami Page 127 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Fernandez: Commissioner Regalado, the criteria that staff imposes today is really essentially whether or not circumstances have changed to the point where the application really should not be extended any further. It's done on a case -by -case basis. The fact is that extensions are granted routinely based on the submission of an application fee, but the Code does provide the director with the discretion to deny an extension. Commissioner Regalado: I know, Ben, but it's going to change. If it's approved, it's going to change, so my question is when you ask to have in the Code or in Miami 21 an extension due to the circumstances, what is the criteria of the staff? What did they say? Mr. Fernandez: It would be the same criteria that they would -- that they're using for administrative extensions. It would only go to the Planning and Zoning Appeals Board so that there is the ability to appeal ultimately to the City Commission. City Commission would have the ultimate discretion with respect to the extension in question, and it would be on a case -by -case basis. Commissioner Regalado: Yeah, but this is what you are asking for. Mr. Fernandez: That's correct. Commissioner Regalado: And what do they propose? They propose to stop the permit at 24 month, right? Mr. Fernandez: They -- I think that they have opposed extensions for a set period of time. Some developers have asked for ten years for a Major Use Special Permit and they've said that's excessive, so as a middle ground, what we're proposing is -- we were agreeing with their administrative extensions, except we're asking the Class I -- Class II permits be granted one additional extension, which I think Major Use Special Permits have already been granted one additional extension, and we're saying in addition to that, let the Planning and Zoning Appeals Board consider any additional extensions beyond that time period. That way, it's not up to staff it's within the domain of the Planning and Zoning Appeals Board and the City Commission at the time to grant any further extensions on a case -by -case basis. The reality is this is only going to affect a certain number of projects because eventually, there will be, you know, no more projects approved under 11000. There won't be any new projects approved under 11000, so this is a provision that will sunset on its own, but it's going to provide additional protections to property owners that have already relied on 11000, and it's going to take it to another level. It's going to take the determination to another level. Commissioner Regalado: Okay. Just wanted to know, Bill or Ana, your comment on this proposal, this idea. Sorry. Ms. Gelabert-Sanchez: Just to clarify, the -- when someone comes for an extension -- for exception, it's a -- it comes to a public hearing. The Major Use Special Permits, they're considered not an extension, but it's a modification. And the way the Code describes right now the MUSP is active for two years and the applicant can come for two more of two more years, so the -- but usually, it comes to the Department through a modification, so we're reviewing a project that was approved here. And the process is, as you've seen before, there's a modification done. If it's minor, then it's done administrative and it has the parameters and the criteria which we've included in Miami 21, but if it's a substantial modification, then it comes in front of you and it goes through the Planning Advisory Board, so it's another public hearing. Commissioner Regalado: Just wanted to know if you agree with extending -- Ms. Gelabert-Sanchez: We don't have an objection to an extension of one more year. I believe, under Miami 21, we've allowed for Major Use Special Permits to continue, so I think on that City of Miami Page 128 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 part, under Miami 21 Code, understanding the economic situation, we've allowed for those things to happen. We've allowed also for projects that are phase project. If someone started construction and because of -- and we've seen a few of the economic conditions. They have not been able to go for the second phase. Under Miami 21, once you get your building permit and you start a construction, you're vested for life. Similarly, if you have a Class II, we said one extension. So I think, as far as us looking for Miami 21, we believe we've accommodated. And I understand that one of the changes that came as a result of Commission action last time was on the Downtown Development Authority. I guess it's the -- eventually, we would like to see buildings coming in to -- under Miami 21, so as much as we understand the ones that are active, we don't mind an extension of one more year. Eventually -- I don't know if perpetuity would be something where we eventually would like to see Miami 21 being implemented Commissioner Regalado: Thank you. Commissioner Gonzalez: Hi. Good afternoon. Fran Rollason: Thank you. Commissioner Gonzalez: State your name and address for the record, please. Ms. Rollason: Fran Rollason. I'm president of the MiMo Biscayne Association, 686 Northeast 74th Street. I want to present a packet that includes a letter that was sent to the Mayor of Miami and the Commissioners back in February of 2008, speaking to a compromise position to the 35-foot height limit that now is proposed for the MiMo (Miami Modern) District. I want to read an excerpt from our position. The MiMo Biscayne Association supports a building height compromise within Miami 21 for the Biscayne Boulevard Historic District. We support a height limitation of 53 feet. However, con trucks on a case -by -case basis may allow up to a maximum of 70 feet in height areas not abutting single-family residences if parking for the building, along with the additional parking for the general public, is included within the structure. In the packet, we are also including several letters from professionals, and they all state that 35 feet is not good, and/or that higher footage is better for the area and in the commercial district. One letter is from Revuelta, Luis Revuelta; we have Dover Kohl, Julio Diaz, and (UNINTELLIGIBLE) Carbonell, architect, and Ernie Campo, who's a -- an -- a developer and investment group in Coconut Grove. In addition to that, I have a petition, and I would like to read the petition and then I will give the names of the people who signed it, and they're all business people in the MiMo area. 1'll read it first. We, the below, listed business owners and operators, as well as property owners located within the MiMo Historic District are opposed to the 35-foot height limitation amendment to Miami 21 being proposed by Commissioner Sarnoff. Even though some of our buildings may not be able to take advantage of the extra height because of our historic designations, it is imperative for the healthy growth of our business corridor to allow some reasonable height to encourage moderate growth and parking which will ultimately benefit all of us; not just the business corridor, but also the surrounding residential properties. Parking is a big concern to the surrounding neighborhoods and allowing some additional height with parking will help alleviate the situation. Many of us are pioneers and have been operating our businesses within the corridor for over 20 years, long before there was any thought of MiMo. It seems only fair that consideration be given to our position since we are all paying taxes to both the City and the County. A large majority of us are City residents and continued success depends upon support from our elected officials. Thirty-five feet will ultimately run the mom -and -pops out of business and discourage outside investment. Eric Shea, Biscayne Inn; Jackie (UNINTELLIGIBLE) -- says Jack Lao, Seven Seas Motel; Brad Knoefler, Biscayne Corridor; Rakhi (phonetic) Patel, the Royal Budget Inn; Dipak Patel, the Royal Motel; David Tunnell, Karma Carwash; David Tunnell, Metro Organic Bistro; Jeffrey Akin -- Commissioner Gonzalez: Okay. Ma'am, we need you to conclude. I mean, you have taken three City of Miami Page 129 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Rollason: Okay. Commissioner Gonzalez: -- more than two minutes. Ms. Rollason: And there are many more, and we'd like to submit them for the record. Commissioner Gonzalez: Submit it to the City Clerk -- Ms. Rollason: Thankyou. Commissioner Gonzalez: -- and she will give us a copy. Thank you very much. Sir. Richard Strell: Thank you. Richard Strell, 404 Northeast 35th Street. I'm president of the neighborhood association of Edgewater. Thanks for having me. Miami 21 was supposed to be simple, the plan well tried and the experts above reproach. At the last meeting, Elizabeth defended, claimed she previously had misrepresented the actual use of her Code. She insisted that the form -based code is in use in San Francisco and New York City. Those were her words for the record Zoning officials from both cities assured me that they do not use a form -based code. The truth, DPZ's plan is not in use in remotely this scale anywhere. It's becoming obvious why to many of us. DPZ's and Planning's Madison Avenue efforts to deceive us about Miami 21 should outrage you. Yet, you've been quite forgiving. The gross inaccuracies throughout the process have been glossed over or outright ignored. Residents are under oath when we speak, yet your consultants and officials, paid in the millions with our taxes, aren't. What Miami 21 has been is the most successful at unfortunately is making the public even more cynical of local government. More examples. The Mayor's making our nine hours here for the first reading moot by legal fiddling with the rules of order when he didn't get what he wanted so he made the Commission's tie, which until then, always meant a no, moot. And he then rescheduled the first reading on Miami 21 on a Friday before a three-day weekend. From drawings showing ten -story buildings where 48 are proposed to comparisons of T-zones abutting each other purposefully not drawn to scale. To thousands of Miami 21 questions with what more than one Commissioner has called "non -answers," concealing the facts has been the norm. If DPZ and Planning kept their promises to look out for residents' interests, why did it take nonplanning volunteer Barbara Bisno to have to raise the nonconformity problems three years and millions of dollars into Miami 21? Will we learn about all the other major inconsistencies with this plan, only after the City is faced with the multiple lawsuits they've already been warned this plan will bring on? Regarding notice and transparency. Any property [sic] who went to any outreach meeting, who studied today's 458-page draft, knows that their property and their neighbor's properties look nothing like what was proposed at those outreach meetings over a year ago, except for the east quadrant, which was over two years ago. Oh, that's right, Planning tells us average residents should go back to their Website to see and understand these massive changes. Commissioner Gonzalez: In conclusion. Mr. Strell: Since the plan's introduction, the experts have reintroduced slowly into Miami 21 most of the elements which they claim were the worst parts of 11000. That includes special districts, spot zoning, height, size changes, allowances for parking, and other changes. Commissioner Gonzalez: Thankyou. Thankyou, sir. Mr. Strell: Okay. I just -- Commissioner Gonzalez: You have -- Mr. Strell: -- want to conclude by saying -- City of Miami Page 130 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: -- exceeded your time. Mr. Strell: -- that you can make, Commissioners, any break -- you can make or break any supposed momentum for Miami 21 to pass today. With more time and the public better informed, we truly can create a new vision for Miami. This is not it. Thank you. Commissioner Gonzalez: Thankyou. Ma'am. Barbara Gimenez: Barbara Gimenez, 7001 Biscayne Boulevard located within the MiMo Biscayne Historic District. Commissioner Gonzalez: Excuse me, your name again. Barbara Gimenez? Ms. Gimenez: Barbara Gimenez. And no one asked me -- I believe I'm a stakeholder in this issue. No one asked me whether I was in favor of the 35 foot height restriction applied to my building. I don't believe that any of the property owners located between 50th Terrace and 77th Street on Biscayne Boulevard are in favor of a 35 foot height restriction. We were in favor of becoming a historic district and of voluntarily placing ourselves under certain guidelines. Thirty-five feet, however, is unreasonable, a travesty, I believe, and we are seeking something a little more fair to those of us that have lived in the area for many years and invested and paid taxes and wish to continue being there. Thank you. Commissioner Gonzalez: Thankyou, ma'am. Yes. Kricket Snow: Hi. Good afternoon. Please excuse my voice; I'm fighting a little bit of a cold, so if you can bear with me. My name is Kricket Snow. I'm representing AIA (American Institute of Architects) Miami, with offices at 275 University Boulevard, Coral Gables. AIA Miami continues to oppose Miami 21 for all of the reasons we've stated at previous meetings. In summary, this Code is full of contradictions. A few examples are as follows. The Code limits parking by depending on transit, but there is no plan to implement sufficient transit in our city. This will result in even more crowded streets. To achieve the new urbanist desired aesthetic, parking (UNINTELLIGIBLE) are divided by alleys or pastures and made further insufficient by the placement of structure dictated by the upper level setbacks. This will result in buildings that do not have enough parking. Therefore, we will see more, not less, parking on the neighborhood streets. This code aspires to be simpler than the current Code, but it is not. One must search virtually the entire Code to find requirements for a project. The current Code addresses almost all of the issues in just one section. This code claims to be more predictable, but as much as half of a building's height is based solely on the depth of the developer's pockets, and large projects are not required to present at public hearing like they are today. The Code strives for a better street condition, but by virtue of buildable area restrictions, forces single-family neighborhoods to have repetitive two-story houses. I understand the intent is to encourage less building on the ground floor, but not everyone wants a two-story home. So which is really worse? A larger single -story home with lush landscaping like you might find in Coconut Grove or a house with a smaller footprint that's two stories with a large lawn and a single shade tree as suggested by Miami 21? More importantly, why don't we have the choice, and why are we moving further away from prioritizing neighborhood character by reducing all of our single-family neighborhoods to a series of prototypes. Now, I'd like to take a moment to speak on my own behalf. I've always been representing an organization. I'd like to say a few things just as a citizen of Miami. I live here at 35 Southwest 24th Road. I can't rightly justify why we are here today asking our elected officials to vote on a 700-page legal document that will have enormous impact on our city and our future when the proper steps have not been taken to ensure its success. No comprehensive vision or master plan has been developed. We've only been presented with prescriptive regulations upon which to vote. Our local planning agency has not acted on this substantially modified version of the Code. DCA has comments on the City of Miami Page 131 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 accompanying Comprehensive Plan, which the PAB also has not heard. The neighborhood groups, the attorneys, the builders, the architects, and other professionals, many of which are on separate sides of an issue, we're all on the same side of this issue, and we're also your constituents, and we still have major concerns about the success of this code. But we're not -- while we're not building in Miami, we should take the time to plan this and really do it right. So please consider when you're voting this evening that you're not voting on the good intent of this code, but you're voting on the (UNINTELLIGIBLE) consequences it will have on all of us for many, many years. Thank you very much. Commissioner Gonzalez: Thank you. Hi, good afternoon. Nancy Liebman: Good afternoon, everyone. My name is Nancy Liebman. My address is 9 Island Avenue, Miami Beach. I am here as a volunteer board member with 30 years experience in volunteer board activities, but I'm here today to speak on behalf of the Historic MiMo Boulevard Association. My credentials -- and why am I working as a volunteer in the City of Miami? It's because I have been a preservationist and a preservation activist for the past 30 years. I've been the Chairman [sic] of the Miami Beach Historic Preservation Board, executive director of the Miami Design Preservation League, the organization that created and brought the Art Deco District to fruition. I'm an advisor to Dade Heritage Trust. I'm -- was the chair of the Urban Environment League that dealt in good urban planning. I'm Florida advisor to the National Trust for Historic Preservation and currently advisor emeritus. I come with credentials that I think have been lacking in the planning for a 35-foot cap. As a matter of fact, I have always been on the side of let's down zone so that historic preservation districts and properties would have the correct zoning, but 35 feet is a ridiculous figment of someone's imagination that has been foisted on this Commission. It's excellent that the law allows for two readings because I'm hoping, with all of the input that you're getting, that you think about what you're voting for. You're voting for the death knell on Biscayne Boulevard in the Historic District by reducing it to a level which will never be developed and that spillover will happen on all of the surrounding districts, I assure you. But I hope some of your minds are still open on second reading. It is unconscionable that a campaign promise in the heat of an election could become law and be embraced by Commissioners from other districts just to appease one District 2 Commissioner. There is no logic. There is no professional study. There is no rational for this. There is no concern for the property of this district. This is no concern for all the property owners that you've heard from and those who can't be here or the business owners on the Boulevard. There were no meetings with any of the stakeholders on the Boulevard, not one public meeting; and at the last second on first reading, 35 feet was proposed and it just got all the votes. It is an incredible thing. I thought that in this day and age there should be some public meetings that people hold when they make a decision on things as important as this. There is no support of any of the constituents in the Historic District and certainly the professional staff of this City who has done a magnificent job and the outside consultants. They certainly have not proposed a 35-foot height limit. Historic districts and their zoning matters are defined after community input, after a public process. That whole thing is missing in this process. Property owners need incentives to revitalize. And Commissioner Sarnoff, you have been very helpful with a lot of incentives for that district, but somehow you've just dropped the ball on this. The incentive has been taken away from these properties to develop. The hardships that will follow are standing in the way of any real restoration in that district. It's really a fairy tale to depend on transfer of development rights as a way to mitigate the damage you are doing with this 35-foot cap, a fairy tale. Has anybody told the public that in order to sell their property rights in the historic district that they have to restore their properties first? You are causing these property owners to have to fix up their properties, spend money, and then you're going to give them -- it is in the preservation Chapter 23, I assure you, because we helped write it. You have to restore your property. So you take all your money, you restore your property, and then you sell the property rights, which certainly aren't worth what you put into it. The MiMo District is not going to survive. The only things that'll be built are little strip malls and stand-alone restaurants, if that. City of Miami Page 132 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay, ma'am. You're beyond the two minutes. Ms. Liebman: I -- Vice Chair Spence -Jones: So in closing. Ms. Liebman: -- urge you, in closing, to take our compromise. It's a very happy compromise, 53 feet. We ask you to take the 53 feet compromise. I think even the detractors -- I think El -- even Elvis might consider it one of these days -- and restore the confidence in these people who are happy to be in the Historic District and now have been knocked over the head with 35 feet. We will live to regret this. Thank you for your time. Vice Chair Spence -Jones: Thank you. Michelle, you're recognized Michelle Rodda: Good afternoon. Michelle Rodda, 420 Southwest 19th Road I'm speaking for my father today, Ignacio Herrera, who owns a cluster of properties on Southwest 9th Street and 37th Avenue. In the July hearing, just three months ago, this board approved a change of zoning to office for his properties. My attorney called this morning that on the Miami 21 zoning map, our property shows as T5 0, meaning that the 105-unit apartment building that this board approved for us just three months ago cannot be built. Commissioner Regalado: Excuse me. Mr. Manager, could you address that because --? I remember that when we discussed this item -- it's in District 4 -- it was clearly stated -- Mr. Hernandez: Yes. Commissioner Regalado: -- that Miami 21 will not impact this property and that it was already approved and grandfather, so is somebody giving wrong information? Mr. Hernandez: Commissioner; I do recall the item being in the agenda and being discussed here in the chambers and approving it. I would like to have maybe Ana address that item. Ms. Gelabert-Sanchez: Could we get the address? Ms. Rodda: It's a number of addresses; 985, 995, and 1031 Southwest 37th Avenue, 1028 Southwest 36th Court, and 1040 Southwest 36th Court. The Miami 21 map is not reflecting for our property the equivalent of our office zoning that was approved three months ago. Commissioner Regalado: I need to remind you that this property was change in zoning after a covenant and after two public hearings, and I don't know if it's a mistake or nobody pay attention or you just think that you can legislate retroactive. Ms. Gelabert-Sanchez: Let us take a look -- Mr. Hernandez: Commissioner; we'll take a look at the Miami 21 proposed zoning for the site and within a few minutes we'll be back and let you know in public as to what the action is to protect it. Commissioner Regalado: Okay, but -- Vice Chair Spence -Jones: All right. Commissioner Regalado: -- this is one case. Vice Chair Spence -Jones: Okay. City of Miami Page 133 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: What if -- Vice Chair Spence -Jones: What about -- I'm sorry. Commissioner Regalado: -- there are other cases -- Mr. Hernandez: Exactly. We'll -- Commissioner Regalado: And you guys have not pay attention? Ms. Gelabert-Sanchez: In many of -- Vice Chair Spence -Jones: Ana, if you could just research the information. Let her finish her presentation -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- and then come back and bring it to her. I want to keep things moving. You can complete your presentation. Ms. Rodda: Yeah. I just need to know for sure if Miami 21 is going to affect our property because it was a very long and very costly process to get our property to be changed to office. Vice Chair Spence -Jones: Yes. Ms. Rodda: And it would be very unfair if after that costly process, everything went in reverse now and our property went back to the way it was before, so I need to know before leaving here today a hundred percent certain that our property will get the equivalent in Miami 21 of what we were given just three months ago. Vice Chair Spence -Jones: No problem. Ms. Rodda: Thank you. Vice Chair Spence -Jones: So you can just -- as soon as she gets it, then I'll have her respond to it. Okay. Ms. Rodda: Thank you very much. Vice Chair Spence -Jones: Thank you. Commissioner Regalado: So when is this? When are we going to get this? Vice Chair Spence -Jones: They're looking for it now, Commissioner. Mr. Hernandez: Commissioner, we'll have an answer within the next 30 minutes. Vice Chair Spence -Jones: Ben, is this a part -- he's a part of your presentation too? Commissioner Regalado: And -- excuse me. Bennet Pumo: No, that's not -- Vice Chair Spence -Jones: No, no. Okay. City of Miami Page 134 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: You have an answer or do you have the confirmation? I mean, what do you think? Do you think that Miami 21 can override what the City Commission approved? Mr. Hernandez: No. Commissioner, I understand that this item was approved by the City Commission within the last, I don't know, two to three months at the latest, and we want to give you a response with respect to that specific property and also with any other approvals that the City Commission has -- Commissioner Regalado: No, no. Mr. Hernandez: -- done. Commissioner Regalado: But I'm asking you if you think or the Administration that Miami 21, if approved, can override rulings -- Mr. Hernandez: Commissioner -- Commissioner Regalado: -- of the City Commission in the past? Mr. Hernandez: -- Miami 21 would have to incorporate the approvals made by the City Commission, the actions taken by the City Commission -- Commissioner Regalado: So what you're saying -- Mr. Hernandez: -- but I -- Commissioner Regalado: -- is that they made a mistake and you're -- Mr. Hernandez: No, not exactly. I want her to have the opportunity to at least take a look at it. Ana. Commissioner Regalado: Well, if it's this or that? I mean -- Ms. Gelabert-Sanchez: Well, if there is -- what I would just like to clarify. The same way that I just ask on -- that the ones that you had changed were between first and second that we absorb them, that's what we're doing. We had been changing them. This one came three months ago. The map was done. It was T5 L, but if it was granted an "O, " we can amend the map. That's not a problem. Actually, when our first reading came, we said we were -- we're trying to -- those changes that you are -- been making now, we're changing them. So in this particular one, I would have to say the map was done prior to coming here, but we will make the change. Commissioner Regalado: But -- okay. Ana. Ms. Gelabert-Sanchez: Yes. Commissioner Regalado: I know you're very busy and three months is little time, but don't you think it's fair to tell the people the truth that yes, you're okay, or no, your rights are being taken away? I mean, somebody's giving wrong information in your department or in the City. Ms. Gelabert-Sanchez: I'm not sure who's giving the wrong information. We have T5 L and we'll look at it and make the correction. Vice Chair Spence -Jones: Okay, so we're going to keep the hearing moving and, hopefully, Ana, before it's over, we could have a clearer understanding so at least the constituent will understand, you know, what the outcome is. Mr. Pumo. City of Miami Page 135 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Bennett Pumo: Hello. Bennett Pumo, with Ben Pumo Building Corporation. Most of my concerns through Miami 21 have been to try to keep jobs in City of Miami, try to preserve the mom-and-pop shops. First of all, I want to thank this Commission and thank the Planning and DCOTA (Design Center of the Americas), everybody over here who we've met with on the sideboards to try to get things worked out and the devil in the details. There's still a couple of things that need to be done, although Miami 21, over the massive core structure of City of Miami may not work, I'm just trying to get the details worked out if this Commission does approve. Right now there's a D1, D2 and D3 zone. Each one of these zones need a -- most of these zones would need caretakers, security enforcements, whatever. Right now if a proprietor or a mom-and-pop is working on a job and they need to lay their head down on a pillow to go to sleep at night, they cannot do it because they can be arrested for sleeping in the building. Any commercial building is not allowed to have sleeping area. All I'm looking for is not a dwelling unit within that facility or any facility in all the "D" districts; I would like to see the redefinition of habitable space versus the dwelling unit. If you have a small habitable space of 425 square feet and it has to be less than 50 percent of the size of the unit that is occupier, this habitable space would not encourage family housing, it would not encourage family, it would not encourage any type of apartment. It -- basically, what I'm looking for is something for caretakers, security guards, whatever. For 30 years I had Brinks, Incorporated as a tenant in an industrial zone. They maintained an area for seven men to sleep every night. They had showers. They had facilities within that industrial building. Nobody even knew they were there, but it can happen and that's what we're looking for. I'm not looking for family space. I'm not looking for an apartment dwelling. I'm not looking for a dwelling of any sort. I'm just looking for habitable space to be redefined to allow a place for a gentleman, man, woman, whatever to sit back after their long day or a security guard to go and lay his head down on a pillow. Thank you. Vice Chair Spence -Jones: Thank you, Mr. Pumo. Mr. Pumo: I made two minutes. That's the first time. Carter McDowell: Good afternoon. For the record, my name is Carter McDowell. Bilzin Sumberg, offices at 200 South Biscayne Boulevard. I'm here representing five separate property owners and they each have somewhat different issues, so I would ask to be allowed the time for each of those property owners. With regard to my client who just spoke to you a minute ago, Michelle, and the property along Douglas Road, she's absolutely right. When we came through and got the rezoning done in late July -- Vice Chair Spence -Jones: Wait one second I want to be clear, how many clients you have? Mr. McDowell: Five. Vice Chair Spence -Jones: Are they all here? Mr. McDowell: They -- no. I'm here in a representative capacity. Each of those property owners are entitled to be represented here in person or in writing. Vice Chair Spence -Jones: Just want to make sure because I don't want anybody else to step up and say the same things. Mr. McDowell: All right. Vice Chair Spence -Jones: I want Madam City Attorney to be sure to check -- Mr. McDowell: I will list each of them for you. City of Miami Page 136 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay, no problem. Mr. McDowell: It's IHReal Estate Investor Group -- Vice Chair Spence -Jones: One second. Mr. McDowell: -- the Archdiocese -- Vice Chair Spence -Jones: One second. I'm waiting to get a response from the City Attorney. She's -- she was a little busy then. That's fine, right? Mr. McDowell: I will take them one -- Ms. Chiaro: I'm sorry. Mr. McDowell: -- at a time and -- Vice Chair Spence -Jones: Okay. Mr. McDowell: -- give you the client name for each one. Vice Chair Spence -Jones: No problem. He is representing five different clients, so has the ability to do that, correct? Ms. Chiaro: He can rep -- yes. Vice Chair Spence -Jones: Okay, I just want to make sure. Go ahead. You are -- you can go ahead. Mr. McDowell: The first is IHReal Estate Investor Group, which is -- and my client just spoke to you a minute ago about the property along Douglas Road Just to make clear how important that is, not only did you rezone it in July, you accepted a proffered covenant that requires us to build a particular building. So if you do not accommodate the zoning that you just adopted as part of Miami 21, we will be tied to a covenant that requires a building that we cannot build. That is clearly a taking and not an appropriate thing to have happen. You need to have your staff go through all of your zoning records where you've accepted covenants and make sure that you're not going to run into that problem. I will provide staff with the letters from it and the actual application. It is currently designated T5 O. The necessary designation is T6-12 in order to accommodate that which you approved at end of July. And during that hearing, we discussed the fact that it would be incorporated into Miami 21, and -- Commissioner Sarnoff. I'm sorry. Aren't you vested? Mr. McDowell: No, sir, we are not. When you adopt Miami 21 -- Commissioner Sarnoff.. Why would you not be vested? Mr. McDowell: Because your Code, your adopted Miami 21 says that it is to replace the prior Zoning Code. Commissioner Sarnoff.. Okay. I was under the -- I -- Mr. Manager, I was under the assumption anybody that had a MUSP -- Vice Chair Spence -Jones: They were grandfathered -- City of Miami Page 137 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. McDowell: This is not a MUSP. Commissioner Sarnoff. -- or had a building permit -- Mr. McDowell: It was a rezoning -- Commissioner Sarnoff. -- had a certain length of time. Commissioner Regalado: Or a zone change done by legislation. Mr. Hernandez: I don't think that, in their case, they do have a permit. However, it would stand to reason that if you approved a zoning change, that that zoning change would be incorporated into Miami 21 at your direction. And what we're trying to verify here now is that after the first reading, every change or any change that was made would be incorporated. The question is prior to that first reading, how far back do we go in incorporating changes that had been approved by the City Commission? And we're trying to clarify that. Mr. McDowell: Let it be clear, we don't have a building permit because we just got zoning. I mean, we -- and we are tied to a covenant that requires us to build a particular building. Commissioner Regalado: But Mr. Manager, just a question. It's two for two, just two in a row, so how many more could it be? Mr. Hernandez: It appears to be the same property, sir. Mr. McDowell: Oh, it is. This is the same property. My client was the one who just -- Commissioner Regalado: Okay. Mr. McDowell: -- spoke to you a minute ago. I was just giving you additional information. Commissioner Sarnoff: I'm a little bit lost. You have a zoning change that this Commission approved as a result of a voluntary covenant by you to build what building? Mr. McDowell: A particular building that -- Commissioner Regalado: An apartment building. Mr. McDowell: -- the plans are a part of the covenant, it's part of the file. I'm tied to substantial plans -- Commissioner Sarnoff: Okay. An apartment building that you apparently showed us a picture of. Mr. McDowell: Yes. Commissioner Regalado: Yeah, but the covenant was for a wall. Mr. McDowell: No. The covenant was for the -- was substantial compliance to a set of plans. The plans include a building. I can show you the plans which were before you at the time. The covenant references these plans. And we're required to build in substantial compliance with these plans. I can't build this plan under Miami 21. Commissioner Sarnoff: All right, so you -- City of Miami Page 138 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. McDowell: And when you adopt Miami 21, if you don't accommodate all of those rezonings, you are re -rezoning this property under Miami 21 to a whole new zoning category called T -- proposed -- 5. We hope 6-12. Commissioner Sarnoff.. So it's your position that -- Mr. McDowell: Ask your City Attorney. I think you'll find they -- Commissioner Sarnoff.. No, I'm not asking the City Attorney yet. I'm asking you. It's your position that you hold on to that particular code or zone if you don't build for the next 20 years; is that correct? Mr. McDowell: I am suggesting that you -- Commissioner Sarnoff.. That's my question. Mr. McDowell: -- there is a -- Commissioner Sarnoff.. That's my question. Is it your position that if you don't build that building for the next 20 years, you hold your zoning change? Mr. McDowell: Commissioner, I don't know that 1 can give you -- well, 171 give you the best answer I can. If we don't move forward with the project within a reasonable period of time, the City has the power to downzone or change zonings over a period of time. And you have heard discussions already about other permits, MUSPs, and other things that you effectively sunset and the people lose their rights if they don't act on them. You -- there would be a reasonable period of time after which this property could be back -- downzoned back to T5 if that was appropriate. But when we went through this process in July, not a long time ago -- Commissioner Sarnofff. Right. Mr. McDowell: -- we were assured that Miami 21 would be amended to accommodate this project, which was being -- Commissioner Regalado: Yeah. Mr. McDowell: -- approved -- I might add with staff approval -- at that time. Commissioner Regalado: I remember that. Mr. McDowell: And so -- Commissioner Sarnofff. Well -- and I'm only educating myself through you. So what is a reasonable time, five years, ten years, fifteen years, three months, seven years? Mr. McDowell: Certainly somewhere in that seven- to ten-year range, I would say, because you have a covenant that runs with the land that I can't avoid The only way I can ever change that covenant is to come to you and have you change that covenant. I cannot unilaterally change it, so there's -- Commissioner Sarnoff.. Is there any case law to back you up, that seven to ten years is a reasonable time to build? Mr. McDowell: Typically, amortization periods are based on individual studies. City of Miami Page 139 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. Okay. Mr. McDowell: They range based on the value of the improvements and no, there's been no study. Those numbers you and I just talked about are relatively arbitrary. I use them, more or less -- you've got a six -year window on MUSPs as I sit here today. I would assume that that's not Commissioner Sarnoff. You know, I wasn't speaking to that particular building. Mr. McDowell: I know, I know. Commissioner Sarnoff. You know, I was just trying to be educated by you. Mr. McDowell: I understand Commissioner Sarnoff. Okay. Mr. McDowell: I submit to you that there are probably other properties in a similar place with covenants that are not going to be able to build in accordance with them if you adopt Miami 21. And so in addition to the issue we've just talked about, assuming that if, for some reason, Miami 21 is not changed to accommodate the approval, we obviously oppose it on behalflHReal Estate Investor Group; including the Comprehensive Plan amendments that are part of it, we are opposed to it if they are not done to accommodate it. We also represent the Archdiocese of Greater Miami. You heard Barbara -- Nancy Liebman say to you, you know, a lot of these things have happened outside of the public. There was no public discussion. There was no workshop. There was no discussion with the property owners. Well, the Archdiocese finds itself in the same position. Somewhere around the time of first reading there was a new concept that was introduced into Miami 21. That was a view shed If you can tell me what a view shed is, you're better than I I think what it is is a height limitation. Although I've read the language that's in the new draft of Miami 21 and I can tell you I have no idea what it means to my clients. It changes the height limitations on, if you will, the entire Mercy Hospital area based on Vizcaya. Did anybody pick up the phone and call the property owners and say "Hey, we need to work this out. We need to protect Vizcaya, but we also recognize that you have some rights." You've got -- there's an existing hospital that's operating. There's multifamily housing there. There's a school. There's a church. Nothing. Silence. Suddenly, it shows up in the Code as a new concept agreed to somewhere, maybe in the consultant's office, maybe in a Commissioner's office. I don't know. But no discussion with a property owner who is, in fact, affected It doesn't affect Vizcaya. It only affects the adjoining properties. No notice. No discussion. Inappropriate. We believe that it is one example of the kinds of things -- and there have been literally hundreds, if not thousands, of changes in Miami 21 since you started. I have in front of me two volumes. I put them there intentionally. That's Miami 21 when the Planning Advisory Board held a hearing on the text in 2007. The bottom volume I printed out today, that's Miami 21 today. They are not the same ordinance. They are not even close to the same ordinance, although they come from the same skeleton. But look at the difference. There are hundreds of pages that have been added to this document since there was a public hearing by the local planning agency. I also handed out to you several documents that I would like to review. The first is a series of excerpts of the Planning statutes which requires you to establish a local planning agency, which you have done, and it is your Planning Advisory Board. And I've highlighted some things. The local planning agency shall prepare the Comprehensive Plan or amendment after hearings to be held after public notice and shall recommend, make recommendations to the governing body regarding the adoption or amendment of the plan. It goes further, specifically, the local planning agency "shall" make a final recommendation of the adoption of such plan or plan amendment to the governing body, and it shall be the responsibility of the local planning agency to do that. The local planning agency shall review proposed land development regulations, land development codes or amendments thereto, and City of Miami Page 140 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 make recommendations to the governing bock as to the consistency with the adopted Comprehensive Plan. If you page back into that a little bit further, you'll find the minutes from the September 2 meeting of your Planning Advisory Board You took the Comprehensive Plan issues back to the Planning Advisory Board September 2. They said there have been too many changes since we've looked at this last. We're not prepared to deal with it. We, therefore, move to continue this for 60 days for us to have a chance to understand all of the changes that have been incorporated And they continued that matter until November 18. You have not final recommendation from your Planning Advisory Board, your LPA (Locally Preferred Alternative) on your Comprehensive Plan amendments or on your land development regulations. You are unable, you are disqualified from approving it under State Statute without a final recommendation from that body and, therefore, you, I believe, do not have legal authority to adopt this -- either the Comprehensive Plan amendments or Miami 21 today without a full, fair, and open public hearing process to deal with the black binder as opposed to the white binder, which we all talked about in 2007. I've also, just for your edification, included all of the legal notices you've published about Miami 21 from day one. You'll find, if you wage your way through them -- and I won't take the time to walk you through them -- the Planning Advisory Board held one public hearing on the Code of Miami 21, this white document, in 2007. They have never had another public hearing on Miami 21 Code since then. They've had several hearings about maps. I appeared before them and asked to address the Code issues on behalf of property owners outside of the east quadrant. And if you'll look at those notices -- I'll read you one, and it's one of the large pages. This is actually a notice of the City Commission back in 2007. A new Zoning Code to be known as Miami 21 Code to apply in the area generally described as east quadrant, the adoption of the Miami 21 atlas for the east quadrant. That's what the Planning Advisory Board had a hearing on, not the rest of the City, not the other three quadrants. The next time it comes back -- and the ads are all here; they're your words, not mine -- approval of an ordinance dealing with the Miami 21 atlas for certain areas of the City (the remaining three quadrants of the City). I didn't write that; you did So it is our position that again the Planning Advisory Board has not held a full and fair public hearing on Miami 21 as it exists today. The black binder versus the white binder. I also have included in the packet a September 29, 2009 letter from DCA to the City of Miami, then to Mayor Diaz, specifically raising issues and finding that there's inadequate data and analysis to support the proposed amendments, that there's inadequate data and analysis to support the infrastructure impacts, and there are problems with the proposals as it relates to a working waterfront on the Miami River, along with lacking intensity standards. Yet, your Planning director stood up this morning or this afternoon and said it -- her opening remarks were DCA has found it to be in compliance. We've asked for any subsequent correspondence from DCA. Nothing has been provided to us. Maybe there's correspondence I haven't seen that changes this letter, but clearly, that is of record; and we, on behalf of IH Real Estate, the Archdiocese of Miami, 2000 Miami River Marina, LLC, 14 Street Partners LLC, and Midcar Development agree with them that there's inadequate data and analysis. We do not support and we oppose the Comprehensive Plan amendments as you have presented them. Let me address Miami -- 2000 Miami River Marina, LLC directly. It is a brand-new marina that's just been constructed on the river. The whole concept of Miami 21 is transects, even transitions from one place to another. My client's property is designated in Miami 21 D3, waterfront industrial. Immediately abutting my client's property is T6-12, residential property that, with bonus, can go to 20 stories. So we get -- we are prohibited from having residential. We're limited to a low height limit, but immediately next door there's a 20-story residential building that could be built. Why does that bother us? Well, because we're an operating marina. We do things like finish bottoms. We do work on boats, and on top of that, because it is a residential use that's next to us, it imposes additional setbacks not on their property, but on our property. We have to set further away from them because they're residential, even though it's along the working riverfront, clearly inappropriate and we again oppose the amendments and this change. It makes no sense to have those two districts abutting each other. Fourteen Street Partners and Midcar Development both have MUSPs that had been recently approved As you and I both know, we're in the midst of the worst economic downturn any of us have ever experienced in our lives. Our parents maybe have seen worse, but I haven't. City of Miami Page 141 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 There is a process -- and I am -- can't tell you that I understand, as I sit here today, what the process is for vesting those and how long an existing MUSP approval -- what life it has, going back to the earlier discussion of what happens to Miami 21 on earlier approvals. I think, although I am not sure, it may be that we can still request 2 two-year extensions and they get six years. I cannot, for the life of me, understand the wording in this document that tells me clearly what my rights are as a property owner. I would add also that it is inevitable, giving the changing market conditions, that we will have to seek changes to those MUSPs because the market today is not the market yesterday or the day before. That means when I come in to make manages, if you adopted Miami 21 and made it applicable to those properties, I'm out of luck. Everything I've invested in that process, my client's investment in that process will be thrown out the window because there is no evolutional); change between the MUSPs that were approved under 11000 and Miami 21. It is night and day. They're different designs. They're different setbacks. They're different requirements completely. You cannot make an 11000 building fit within Miami 21. Just start over again. Vice Chair Spence -Jones: In conclusion. Mr. McDowell: Therefore, I would say to you, one, on behalf of all of those five clients I've listed, we opposed the Comprehensive Plan amendment. We believe that you have not followed the proper procedures. You do not have final recommendations from your LPA on either the land development regulations simply because they've changed dramatically since they first held a hearing and on your Comprehensive Plan amendments because they themselves refuse to make an amendment. It is of record that they refused to give you a recommendation and, yet, you're seeking to move forward. Reminds me of the old ad that we all know and some of us thought were pretty funny. You know, the ad about "Where's the Beef?" I ask you "where's the rush?" There is no legal requirement that you move forward today. In fact, there are many legal requirements that you haven't met that would suggest you need to slow down. You've heard from Nancy Liebman in the MiMo District. You've heard from me. There have been many, many, many changes that people don't understand that they've not had a chance to vet and I, for the life of me, can't understand some of the things in this Code, including the view shed. Take the time to do it right. If you adopt it today, you are subject to a procedural challenge. I don't know that it -- I can't say that it will or won't be done, although I think there's a very high probability that it will be done. It is foolish to lose this much effort on a procedural challenge because you didn't follow the requirements set clearly out in the statute, and I know that your staff is going to tell you that we're a pilot project. We have a special part of the Code -- of the statue and we're following that pilot requirement. Vice Chair Spence -Jones: Thank you. Mr. McDowell: But it doesn't get rid of the requirements for the LPA to take action. It only changes the state review process, which it expedites significantly. Thank you for your time. Vice Chair Spence -Jones: Thank you. Mr. McDowell: We hope that you will give us all -- Ms. Gelabert-Sanchez: If I may? Mr. McDowell: -- more time to -- Vice Chair Spence -Jones: Can Ana continue -- Mr. McDowell: -- understand this. Vice Chair Spence -Jones: Ana, you want to respond some of the --? City of Miami Page 142 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: Yes. I would like to first add a few things. If I could have -- I -- we checked on the property, and I would like for her to say what she saw on the Miami 21 map. Ms. Rodda: I cannot -- I can't necessarily say I'm for or against Miami 21, but from what I see on the Miami 21 map, my property is actually -- has more benefits with Miami 21 going through. And for Commissioner Regalado, I -- they did confirm that your approvals are grandfathered in, so my main concern was that being honored and it is; they will be grandfathered in, and it does appear to be beneficial to my property. Commissioner Regalado: No, but the issue was not -- Mr. McDowell: There's a legal issue there. Commissioner Regalado: -- that Miami 21 will give you better or bigger -- Ms. Rodda: The plans. Commissioner Regalado: -- revenues for the property. The issue was that someone, your attorney or someone, was told that what the Commission approved with a covenant by a vote, which is the only authorized legislative body of the City to dictate some zoning change, was not going to be honored by Miami 21. Now, that was the issue. Mr. McDowell: And it -- Ms. Rodda: No. Mr. McDowell: -- doesn't matter that the staff says don't worry; we'll grandfather it in. If you adopt a code that supplants the 11000 -- and it does. That's the words in your ordinance -- you will re -rezone that property to a different district. And my client is -- may not be aware of it, having just had a conversation with staff on the sideline. If it stays at the T5 that's proposed, there are some benefits, but we can't build the building that's approved and she loses one third of the density that you approved in July. Commissioner Sarnoff.: I'm trying to understand your comments made to us in July, and I'm going to read them verbatim. "Mr. McDowell: Yes. First, I would like to note in the staff and urban design review board review of the project. They determined that they would meet the requirements of Miami 21, even though it has been yet to be adopted In essence, what we are seeking -- and I apologize; this is going to be a little bit hard to do -- but we can build -- their property sits here. Under the existing zoning, we can build a five -story building on both sides of them, much as you see the blueprint footprints. What we're asking is that we will -- allow us to do this. Effectively, this takes a five -story building so we don't have a five -story building on both sides of them. Move that mass over to the 37th Avenue Douglas frontage so we'll end up with buildings on their side -- no buildings on their side, other than this cupola associated with the building." Now, when you said that this met Miami 21's standards, what did you mean? Mr. McDowell: The design standards. The building is nine stories tall. T5 does not allow a nine -story building. Unless the record corrects me, T5 limits the density to 65 units per acre. It's got 90 units in it. If we would otherwise -- we would have been entitled to build 12 -- 200 units, but we didn't seek to do that. We did get approval at 90 units. It's above the density that's permitted in T5 -- Commissioner Regalado: Excuse me. Mr. McDowell: -- and it's higher than the (UNINTELLIGIBLE) -- City of Miami Page 143 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: And remember, Marc, the issue was that the property owners and the residents on 36th Court did not want the building. And what they proposed in the covenant was the pool area or whatever, a wall, and move the building to 37th. That was the whole issue about the design and the change of zoning, so -- but my point is you just told her that it's going to be okay. Ms. Rodda: May I? I've been told that our approval of -- the approval of these plans is going to be grandfathered in because under T5 0, we can't build this building, but it's being grandfathered in. My question is is this anywhere in writing? Mr. McDowell: I would tell you that your Code you're adopting directly contradicts that statement. Vice Chair Spence -Jones: Okay. Well, you -- Mr. McDowell: And despite the director's -- Vice Chair Spence -Jones: -- let -- we spent a lot of time on this. If you want to step to the side and continue this, but I want to be respectful for the people that are actually standing in these lines waiting to speak, so if you -- if staff wants to set aside and you guys can continue to hammer it out, but if you want to do that, that's fine. Ms. Gelabert-Sanchez: I just have one thing and I'll -- staff will get together with her. We'll continue it. I just want to say something else that was said on the record. DCA -- and if I could read it for you -- did send a letter -- and I'll read it to you. It was dated October 9, and it says "Dear Mayor Diaz, my letter to you of September 29, 2009 provided comments from the Department of Community Affairs regarding the City of Miami 091 AR amendment. Your staffs letter of October 7, 2009 and e-mail (electronic) of October 8, 2009 provided additional information in response to the Department's comment. The Department concludes that the additional information that the City provided on October 7 and 8 responds to the comments in our letter to you dated September 29, 2009 with the modification described -- and in which I read to you on the record regarding the river properties, and this letter is signed by his secretary. So it was -- there was a letter. And the other ones that I read on the record about the other agencies, we did get their approval. Vice Chair Spence -Jones: You need to make sure everyone gets a copy. Ms. Gelabert-Sanchez: They're on your -- they -- that -- the letter from DCA of October 9 is on your package. Vice Chair Spence -Jones: Okay. All right, so let's -- Madam City Clerk, let's get us back on track again. Two minutes per person and that's what we're going to stick to, the two minutes per person, because I'm really toying to respect the people standing in the line. I think we need to go to this side because you have been waiting longest, okay? Henry Patel: I can let him go first. I'm okay. Vice Chair Spence -Jones: You sure? Mr. Patel: Yeah. Vice Chair Spence -Jones: Okay. Mr. Patel: It's in my interest. City of Miami Page 144 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay. Elvis Cruz: My computer's not react yet. I got to set up. Vice Chair Spence -Jones: Okay. Well, let's go. Mr. Patel: Very good excuse. My name is Henry Patel. I'm the owner of King Motel on 7150 Biscayne Boulevard First of all, by the show of hands, can I see how many people are over here opposing the 35-feet height? And people here, too. And anybody in support of 35 feet restriction? Mr. E. Cruz: In support? Mr. Patel: Yeah. One, two, three, and four, so numbers speaks. I mean, five here, okay. Just wanted for the record First of all, Miami is an international city. It's not Rocky Mount, North Carolina. People look at Miami as one of the world -class city, and this city has strived on investment from past, current, and it will strive on investment in future. I've been owning a hotel since 1988 and running it on Biscayne Boulevard where I came in as a young man, and I have two kids living on the property. We used to have a 120 feet at one time. It was decreased to 90 feet. But today we find out that our City officials are ready to downzone it 60 percent to 35 feet, which is totally unacceptable. Only in Upper Eastside there is going to be a 35-feet cap, not in any other part of the City, interesting to know because I think we don't have skin in the political game of City of Miami. The fact is there is not one development in entire Upper Eastside, except the Balans, which is still not opened, and the whole real estate boom which have gone through in the last four years. I know there are many residents are watching this TV channel and this hearing. My appeal to the entire Upper Eastside neighborhood and my friends who live behind my properties, let's not jeopardize the harmony of businesses and residents living together because of the fact it's been presented that every resident is for 35 feet, which is not true, totally untrue, and we have to work together because this time will come and go, but our harmony has brought Biscayne Boulevard where it is today, the harmony between the residents and the businesses. We have not been heard. We have never been heard. There is no justification. Why should we be kept for 35 feet when I've been paying taxes from last five years for the highest and best use of the land, which went from $7, 000 to $22, 000 from last five years? And today I'm going to be unfortunately bulldozed by 35-feet height restriction when we did offer a compromise of 53 feet, which is barely 18 feet more than what is recommended Would the City like to go to court for an 18-feet compromise for a millions of dollars lawsuit for so many people standing here? It's a question we need to ask our leaders. Vice Chair Spence -Jones: In conclusion. Mr. Patel: One minute. The investors are watching. I was in an investment conference. I sit on the board of the largest hotel owners association in the country with 20,000 hotel owners and 10,000 members. I was in an investment conference in New York, and there will be article coming in American Hotel & Lodging Association also, where investors we ask why should I go and invest in City of Miami when the leaders can take a decision and radically change the use of land the value of the property, and everybody call us greedy? Twenty-two years of my sweat and blood is not greed. It's the future for my children, so stop saying we are greedy. And you can see for the record there's many people left their kids at school to come pick up -- to come and talk here. This the third or fourth time we are here. So please, we request to you, make a conscious decision. At the end of the day, the door of court will be open for us if nothing happens. Thank you very much. Vice Chair Spence -Jones: Thank you, Mr. Patel. City of Miami Page 145 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. E. Cruz: Elvis Cruz, 631 Northeast 57th Street, vice president, Morningside Civic Association, secretary of MNU (Miami Neighborhoods United). Chair and City Clerk, I've been granted the two minutes from Sue McConnell and Nathan Kurland. Vice Chair Spence -Jones: So we're saying six minutes. Mr. E. Cruz: And from Al Salzedeck (phonetic). I shouldn't need that much, though. Commissioner Spence -Jones, Commissioner Sarnoff and Regalado, thank you very much for supporting MNU in our requested amendments at first reading. Commissioner Sanchez and Gonzalez, we hope you'll see that our requests are all about protecting the public's interest, regardless of what district they live in. By far, our most important requests are the nine mapping changes listed on the green sheet that you've just been handed out. Two of them were accepted previously, another one partially. We thank you for that. We're especially thankful of your support of the 35-foot height limit for Biscayne Boulevard at first reading. We hope you'll support it again. Please know that that 35-foot height limit is endorsed by not only MNU, but also Shore Crest, Palm Grove, Bayside, Morningside, and Buena Vista East. And now let me go off script for a moment and address some of the things that were mentioned here. The MiMo association wants 53 feet. Thirty-five feet is three stories. Fifty-three feet, under Miami 21 is T4 and that's three stories also. The difference -- and I'll get into that -- is that Miami 21 's version of three stories has been supersized Where did 35 feet come from? I don't have to tell the Commissioners, you sat there and watched many of my presentations outlining where 35 feet came from, including City Planning staff documents, the Miami -Dade Urban Design Manual, the Florida Handbook for New Urbanism, and various court cases, et cetera. Last night Nancy Liebman asked me where did that come from. Was that just made up. And I tried to answer her question three times, but she would not listen to me. She didn't want to hear it. It will be an economic stimulus for the area and protect the MiMo, Palm Grove, Bayside, and Morningside historic districts. There have also been many meetings about Miami 21 and it's been discussed at many of them. Lastly, on this issue, don't fear Bert Harris claims. They're being used to intimidate an mislead, but they've never paid out a penny and have little or no applicability as your own attorney's research has shown. And at this time I'd like to ask all those here in favor of the 35-foot height limit to please stand and be recognized. Got some already standing and over here. Thank you very much. There's also many who were not able to be here. Those are the ones who voted for Commissioner Sarnoffs platform where he was elected with 65 percent of the vote the first time, reelected with 90 percent. Next is the 33 requested Code amendments of MNU, and perhaps two or three have been satisfied. I don't have enough time to go over all of them. They're in the orange document which was handed out. I'm just going to mention about seven of them very briefly. Item one is the proposed supersizing of buildings. Please understand, everywhere on the Miami 21 zoning map where you see T6 abutting T3 -- item one is a proposed supersizing of buildings. Please understand -- as it now stands, anywhere on the Miami 21 zoning map where you see T6 abutting T3, you will be allowing 123-foot tall building next door to a single-family home or duplex. This is what it will look like. This is a scaled drawing, unlike, unfortunately, some of the drawings in the Miami 21 document, which were not done to scale. Even if you approve MNU's amendments, it would still allow an 85-foot tall, eight -story building right next door to a single-family house, which I don't think any of you would want next door to your house. MNU requests a compromise of only allowing supersizing in downtown or perhaps the medical district, but certainly not next to a T3 zone. Planning says it's not likely to happen outside downtown anyway, so there's no harm in limiting it that way. This slide shows what would be allowed a T6-8 corridor, but this slide is slightly misleading. The building you see is only seven floors. T6-8 would allow eight floors, so it would actually be taller. However, if there were no T3 behind it, meaning no single-family behind it, the buildings could go up to 12 floors. Also, if you can see the pedestrian in the white shirt on the lower left-hand corner, he'll give you a sense of scale. That first floor is only about 12 or 14 feet tall. Again, Miami 21 would have allowed a 25-foot tall first floor on that building, which would be two stories at least and then upper floors beyond that. City of Miami Page 146 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: In conclusion, Elvis. Mr. E. Cruz: Did I get the extra time for those other individuals? Vice Chair Spence -Jones: You told me -- she put six minutes up there. Mr. E. Cruz: Okay. I have another two minutes from Al Salzedeck (phonetic), please. Vice Chair Spence -Jones: Okay, so let's -- Mr. E. Cruz: Okay. I'm almost done. 171 cruise right along. All right. Public -- please change by right to allowable. Please do not allow public benefits to T6 abutting T3 as of today. That would discourage speculative creep into the neighborhood The Planning Department said 6 in 1305 would be incorporated in its entirety to Miami 21. That hasn't happened In section 11000, it's seven pages long. In Miami 21, it's only one page. They would say they've condensed it. However, there's been changes made. Also, please require public hearings for buildings above three stories or eight units. Notice this building. I showed this to you last time and how it's a flagrant violation of 907.3.2 in 1305. No one from the City has come forward to deny that this building was permitted illegally by the City. In fact, when the public tried oppose a similar building to this, the Zoning administrator at the time found that the proposed plans were in violation of 907, and that gentleman was fired. He was fired for upholding the law. You can ask him yourself. He's here today. His name is Francisco Garcia. He's sitting right over there. He should have been rewarded for that act of upholding the law, not fired for it. Yet, Miami 21 would eliminate public hearings on by -right buildings like that one. Appeals to the City Commission should be de novo and anyone should be allowed to file the appeal. Remember, we are citizens, not lawyers. The vast majority of citizens aren't even aware of zoning laws until they get threatened by them. Please don't apply courtroom rules and procedures on laypersons. Lastly, item 19, strike that sentence, "failure to observe the procedures set out herein shall not provide a separate cause of action to challenge the decision." That means the City doesn't have to follow its own rules. That's an attempt to quash due process. It's outrageous that that sentence would be in there. In closing, please remember that upzoning cause speculation which harm the City's economic growth. Our city was hugely overzoned, and the higher you zone it, the less likely they will build. This is more appropriate for our corridors. I close with Elizabeth Plater-Zyberk. Many cities upzoned in the hope it would spur development, but we now know it was an incentive to speculation, and as Johnny Winton said, "nothing ruins neighborhoods faster than speculation." Thank you. Vice Chair Spence -Jones: Thank you, Elvis. Sam Van Leer: My name is Sam Van Leer, 1200 Northeast 89th Street, Miami. Miami 21 has noble goals. On part of Virginia Key, it falls short. The Miami 21 zoning atlas allows uses incompatible with both nature and the recommendations of the public charrette of 926, where 100 residents participated. North Point of Virginia Key has 21 endangered protected or threatened plants on or around it. Manatees, sea turtles, and rare birds breed in the immediate area. These concerns are on record. They have been brought up numerous times by professionals from Tropical Audubon Society and other professionals. I'll get into that later. The area's currently zoned CS, which allows 25 percent of the area to be built on. CS is clearly incompatible with conservation. The 926 charrette and other public meetings concluded that the best use would be recreation and education in a conservation area. Tl, conservation, doesn't assure good recreational access. This denies people their human rights of access to the environment. A new zoning designation is needed to assure that these people have recreational access. I would like to commend the Planning Department for rezoning areas of the Marine Stadium basin to CS, which is compatible with the uses that are recommended by the Planning charrette of 926. Thank you. Commissioner Gonzalez: Thank you. Next. City of Miami Page 147 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Bob de la Fuente: Good evening. My name is Bob de la Fuente, with law offices at 1441 Brickell. I'm actually here on behalf of two different clients, and Mr. Recio has been so kind to moonlight a little bit and help me with passing out some of these materials. First, I am here on behalf of Gabriella Guimaris (phonetic). She's a large stakeholder in the Brickell West area, and that's the subject of the short hand out that I've -- that Tony's handed out for me. You'll see that the area that we're talking about is outlined in yellow. And we are here to request an amendment to the atlas to change that from T6-24 to T6-36. This is a similar change that was made in Edgewater and we believe it's merited in this location as well. We believe that T6-36 is appropriate for the following reasons. Southwest 8th Street is a major corridor that leads directly to the Brickell area, which is T6-36, which would be appropriate for this section of Brickell as well. 1-95 on the west provides a logical boundary for T6-36, Southwest 9th Street on the south provides an appropriate boundary, allowing the transition down at T6-24 and then at T6-12 and 8 as you proceed south. The section of Brickell is a major entrance to the Brickell area in downtown justifying T6-36, and you'll see the massing study that shows how the T6-36 height is appropriate as a transition designation for that area. So we would ask that you reconsider for the specific area that's outlined in yellow and to modify the atlas to reflect T6-36 rather than T6-24. I am also here on behalf of Kenyon Partners, which is the property owner for the East Coast Fishery [sic] site, and I just wanted to thank Commissioner Spence -Jones for her assistance with that. I see she's not here right now, but thank you very much, and I appreciate your consideration. Commissioner Gonzalez: Thankyou. Yes, sir. Dipak Patel: Good evening. My name is Dipak Patel, 7411 Biscayne Boulevard. I own two properties on Biscayne, 7420, 7411. And like Henry was saying, we heard about the height restriction for 35 feet. From 1983 to 2004 we've had the properties in our family. In 2005 the taxes practically tripled from -- till present day. You know, we willingly paid the taxes on these properties thinking that, in the future, we could sell the properties and recoup some of the losses, you know, in the future. With the height restriction now, we don't know what the value will be, if the proposed 35 feet will be put in effect, so that's what I'm asking is will the City compensate us back for the taxes that we paid, you know, thinking, you know, we would sell the property at higher value if it is 35-feet restriction is passed? Commissioner Gonzalez: Yes. Tony Recio: Tony Recio, with law offices at 2525 Ponce de Leon Boulevard in Coral Gables. I am here just to speak briefly on land -use and zoning applications for zoning change and for land -use changes to the Comprehensive Plan. There's three classes. You've alread; heard about two of them. The first class is the ones that occurred recently. You've heard -- I think you heard some from Carter McDowell on that and from his client. There's another class which staff already described which are the ones that were approved in between first reading and second reading. I was happy to see that staff is recommending that those changes be incorporated into the map. Now, there's a third class of land -use and zoning, and we have a client, Miami Dade Community College, which is in the midst of a rezoning process right now, a land -use change process, and they -- their application is filed and they're moving forward with it, but it has not occurred prior to this. If this is adopted today, what will happen to that enactment if this Commission approves that down the road, what I would suggest -- what we would suggest is for those types of applications, and the City has several that are in progress, that a notation or an instruction be made to staff to just address the map and update it accordingly with the will of this Commission as it happens in the next two, three, four months. That would be it. Thank you. Commissioner Gonzalez: Thankyou. Yes, sir. Roy Allen: For the record, Roy Allen. I'm an attorney with the law firm of Carlton Fields, at City of Miami Page 148 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 4221 Boy Scout Boulevard, in Tampa, Florida, here to speak on behalf of Mercy Hospital. Very quick and to the point, the first reading I brought up the same points. First of all, Mercy has been designated CI by the Miami 21 plan. We don't feel it's appropriate. A fair reading of that plan only allows five stories, whether it be by rezoning, whether it be by special area plan, or whether it be by just straight CI What we are proposing and have proposed is a modified health district from the Jackson Health District, which we feel that we're very close to and very similar, except for intensity and density. And in that health district, which we think would be more appropriate, what we would do is remove residential from the Mercy property. We would accept the Vizcayans view corridor as written into the Miami 21 plan and would keep the Mercy property strictly for health facilities and health -related facilities. I had thought that Mercy was the only one here that had not been at the stakeholder meetings, but now I'm hearing -- which we just learned in the last couple of days. I've now heard from the Archdiocese that, in fact, they were not involved in these processes, workshops. Our planning is that we had no idea what this view corridor was. I've had a number of architects look at it. I've had a number of engineers look at it. We had absolutely no say-so in what those corridors and what those plans were that, quite frankly, only are appropriate and apply to Mercy Hospital. We think that that's extremely unfortunate because we don't think we would be here today if we had a say-so at those stakeholder meetings. And very simply, what we're asking you to do at this point in time for the Mercy complex is to give us the opportunity to sit down with staff and direct staff to sit down with us and the other stakeholders because we, quite frankly, think that we have a lot to give by taking residential off Mercy. We believe that it'll take care of the related issues that arose a few years ago. We will accept the Vizcayans view corridor as it sits today, and we will make it health -related facilities. We would ask you to give us some time to sit down 'cause, quite frankly, we just haven't had the time to do it. Thank you. Commissioner Gonzalez: Commissioner Sarnoff, any comments on that? That's your district. Commissioner Sarnoff. No. I only heard about the issue as of Tuesday, Commissioner, and I have a pretty good relationship, I would say, with the Mercy folks, and I think I have a good relationship with these folks. It's just impossible to do in one days time. But I have no problem with coming up with a modification to what they want, but I would like to have as much input from the Grove as possible. Alan Pruitt, who's on the Village Council, was the one primarily charged with looking -- he's an architect -- at it. I also want to make sure the Vizcayans do get together with him. To be quite frank with you, Commissioner, I pretty much stayed out of the Mercy issue while I was under the assumption the Vizcayans, the City staff, and I thought Mercy were all engaging, and I was waiting for a green light because I could very easily have kept the language just the way it was after having a court of law rule on it, and I said before I make any changes to the language, I wanted to know that everybody was content. Now, I have learned in the past day that Mercy was not at the table or may not have been at the table, and I think if you spoke to everyone involved in Mercy, you'd find out that I pretty much have an open-door policy with them, and I'd be more than welcome to sit down with them. I think it'll take some time. I think it'll take two or three months, butt don't think you're building in two or three months. Mr. Allen: No. And I -- what I would like is the opportunity for staff to sit down with us. I haven't -- talked to Alan Pruitt yesterday. We had some conversations. I told him we'd follow up. I've talked with Lynn Summers. We're more than happy to follow up on that and proceed forward We just don't want to be precluded from doing that, and we'd like staff at the table. Commissioner Sarnoff. Okay. Commissioner Gonzalez: Mr. Manager, are you ready to sit down with the gentleman and --? Mr. Hernandez: Commissioners, we'll be ready as soon as we have to. Commissioner Gonzalez: All right. City of Miami Page 149 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Allen: Okay. Mr. Hernandez: There's no concern. Mr. Allen: Okay. Thank you very much. Appreciate it. Commissioner Gonzalez: Thankyou. Sir, go ahead. Andrew Georgiadis: Good afternoon. I'm Andrew Georgiadis, a town planner with Dover Kohl and also a resident of Miami all my life, and also a LEED (Leadership in Energy and Environmental Design) accredited professional. A few minutes ago, a gentleman over here -- I'm not sure what your name is -- but he attacked Elizabeth Plater-Zyberk's integrity and her honesty. And as somebody who's known her for many, many, many years, I'd like to say that never have I known a person or a Planning team of more honesty and integrity than the ones that have been authors of your Code here today, and it's an honor to have them doing this Code. And it also -- his statements revealed his colossal ignorance regarding the history of urban planning and form -based codes because if he had done his homework right and had really researched the cities that he mentioned Washington, New York, Paris, et cetera, et cetera, maybe it's technically true that they don't have a form -based code authored by people who identify themselves as new urbanists. Maybe that's true. Yet, those cities, if you look back through their history, if you look back to Art Deco New York and Hugh Faris's diagrams and the light and air laws in New York that govern building envelopes, street section, setback, et cetera, if you look back at Baren Von Osman's, Paris and then you look back at Art Nouveau, Paris, which also gives us the highly ordered (UNINTELLIGIBLE) streetscapes that we all go and admire in Paris. If you look at Washington, DC and you talk to her Planning direct -- its Planning director, Harriet Tregoning, who's also an acquaintance of mine, a new urbanist and an advocate of form -based codes, you will realize that all of these cities have grown and received substantial amounts of their most beloved urban fabric under form -based codes or elements of form -based codes, so I would like to rebut the fact that this effort is without precedent. Miami 21 is built upon centuries and decades of cumulative knowledge by architects and planners. In fact, Euclidean zoning, the type that it's about to replace, was the zoning that was without precedent and that disastrously eroded our sustainable and walkable streetscapes around the country. Thankyou very much. Commissioner Gonzalez: Thank you. What was your last name again, please? Mr. Georgiadis: My last name is Georgiadis. Commissioner Gonzalez: Thankyou. Yes, sir. Brad Knoefler: Hi. My name's Brad Knoefler, 697 North Miami Avenue. I'm the owner of a property located at 7460 Biscayne Boulevard and here to speak against the 35-foot height limit. Not going to get into the randomness of the number, the process for determining it, or the utter lack of citizen and stakeholder participation in this height limit. What I'd like to do is just to contrast this a little bit with the 2004 SD-9 committee, which I was a member, that was set up by Jonathan -- Commissioner Johnny Winton. What we did is we met with Planning officials, stakeholders, experts, architects; had a series of meetings over months and months analyzing best practices around the world in an effort to come up with a win -win compromise for the height issue and the conflict between the commercial and the residential areas. For example, we took a look at Paris, Osman with the streets determining the height of the building. They have the proper mix of air, height, light, and so on. And one of the problems that we realized in this committee was that we're trying to recreate a Paris/London/New York, but we're keeping the American car -centric parking requirements. Last time I checked they're not four-story parking garages below all the buildings in Paris. One of the recommendations that we had on the Biscayne corridor was to eliminate parking requirements for new developments, developers City of Miami Page 150 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 would pay into sort of a parking fund which would construct surface parking or parking garages, and we would have a more pedestrian environment, reduced height because we wouldn't have to have a ten -story building and we could actually do a four- or five -story building and actually, the developers would be able to keep all of their buildable square feet. This is a win -win situation. How come this type of thing wasn't analyzed with the 35 foot height limit? This is something that's been going on for years. There are lots of different opinions on it, but we can come up with win -win situations. Basically, by forcing through a win -lose option, you're inviting conflict and lawsuits, which nobody needs right now. Commissioner Gonzalez said, I believe, at the August meeting, the only people that are going to benefit from all this are the lawyers, and I concur. By continuing to ignore stakeholders, their valid concerns, by continuing to ignore due process and citizen participation, the City of Miami's going to move towards Commissioner Gonzalez's unfortunate prediction. Let's try to work together with stakeholders and citizens, not against them. Thank you very much. Commissioner Gonzalez: Thank you. Commissioner Sarnoff Brad let me ask you a question there. Are you for the 53 or not any height limit? Mr. Knoefler: It doesn't matter. This is something that just was dropped on us in August. Commissioner Sarnoff But my question is do you endorse the 53 feet? Mr. Knoefler: Well, of course, as opposed to a 35, yes. Commissioner Sarnoff But you don't endorse a 53, right? Mr. Knoefler: We haven't been involved in any discussions. We had no meetings with anyone in the City to discuss this for over four years, so yeah, it's really hard to sort of come up with something right now. Thank you. Commissioner Gonzalez: Yes, sir. Charles Tavares: Good afternoon. For the record Charles Tavares, 444 Brickell Avenue. I believe I'm a stakeholder. I live in Miami, you know, for last 25 years. I have owned properties, businesses, and employed hundreds of people. And I'm here very concerned about what's being proposed for the Brickell area as a whole, and the reason being, you know, the current proposal from Miami 21 planners are severely impacting and downzoning the whole Brickell area, not only Brickell West, you know, Brickell Village, but the whole Brickell area. And that's the reason I'm here for. You know, I have sent you our documentations, hundreds and hundreds of documents, studies, paintings, and everything else, and you know, I'm not so eloquent as other speakers, but, you know, I made some boards and pictures and -- you know, give the -- I hope it will give the concept at what I'm trying to say. Basically, today, all the properties that I have on the Brickell area are C-1, are unlimited height, so you know, to -- like you know, the SD-5, SD-7 on the Brickell area, they have unlimited heights, and incidentally, that's where we have the tallest office buildings, you know, Four Seasons, Infinity Brickell, Icon, so you know, it's an area that's -- it's very central urban. It's served by the mass public transportation, Metro Hub, Metromover, and so I just like to start, you know, showing some graphics to give you an idea what I'm talking about. Basically, what you see is, you know, the current unlimit [sic], you know, per se, designation, and then you have the 70 floors for the Four Seasons, and then you have Latitude, and then you see what's being proposed for our area, so we severely taking, you know, the height in our property rights. Some people here have said that, oh, there's never been a dollar paid out of Bert Harris, you know. I have research it and actually, I have dozens of you know, precedents, and actually, I have a settlement here, butt wanted to show it so everybody can see it. City of Miami Page 151 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: How long is your presentation going to take because --? Mr. Tavares: I have two people that giving my time, Mr. Victor -- Commissioner Gonzalez: Who are the two people? What is --? Mr. Tavares: -- Denobi and Mr. Jorge Reboucas. They sign in. Commissioner Gonzalez: Okay. I need their names. Mr. Tavares: Yeah. Victor Denobi and Jorge Reboucas. Commissioner Gonzalez: Okay. Mr. Tavares: You know, a lot of people have said, you know, this jacket's green, blue. You know, that's the way people see it, but the facts are here. You know, this is real. This is a property in Coral Gables that had, you know, 15-feet height taken away by the City, and the City settled for 1.135 -- you know, $8 million. So what Miami 21 is proposing for the Brickell area, you know, it's -- I mean, as a property owner, to tell you the truth, I'm going to be vevy happy sooner the City make the money, but as a resident, I don't want to see that to my city, and it's up to you to decide, you know, to do that or not. So this is the facts, so I want evevybody to see it because that's not me saying, Elvis saying, or anybody else saying. You know, this is a fact, and there is the settlement agreement, if anybody wants to see it. So continue that. I just believe the Brickell area, you know, has been so important for so many years to the City, to the community, and I just see that, you know, we've been neglected. We haven't, you know, been given the proper attention. We've been downzoned, you know, from Brickell Key all the way to, you know, Brickell West. And you know, to give an example of this proportion of attention, I'm just showing you out of the codes. This is Miami 21. Out of 458 pages, you know, 95 pages is being solely, you know, dedicated to a project, a private project in downtown Miami called Miami Work [sic] Center. It's a private project. Twenty-one percent of the whole Code. So is this a private interest code? But, you know, that's up to you to decide. I'm just laying the facts for the record because this is going to hunt you. This is not the end This is the end of the beginning. And finally, based on my properties on Brickell West, that's the check you're writing today to me, so I want you to all see this because this is going to come back, and it's not like, you know, you're saying, oh, the parking garage for the Marlins Stadium is going to cost 94 million, and then few months later you have another 40 million. You know, we, we pay the taxes. So what you're doing here is going to come to, you know, haunt us as taxpayers. You're going to be long gone after this is settled, so you know, it's up to you. It's about, you know, your legacy. You know, you do whatever. We lay the facts, so -- you know, as they talking, I'm going to save this for the day that I come back here. It's a check for $60, 900, 000 for the properties based on the settlement that 1 show you. It's my bank deposit. You know, it didn't fit quite well, but I'm going to save this and I'm going to come back here for the record and show it to you. Thank you vevy much. I'm sorry, you know, I'm not so eloquent like others, but that's why I brought you the facts to show it. Thank you very much. Commissioner Gonzalez: Thank you. Ma'am. Jacki Tako: Good evening. Been a long time. My name is Jacki Tako. I present a company called Infinite Race. I have two building in Biscayne Boulevard, 5201 and 5215. And all what 1 hear today is suing, suing, suing, suing, and a lot of people are suing. As a fact -- matter of fact, I wanted to tell Mr. Cruz 35 feet also is two floors. That's the size of my -- the height of my house, so I wonder what we are putting on Biscayne. And he admitted to you, to all of you, that he sat with you for many meetings. We haven't sat with you for many meetings like him. After you've been elected, it was a big meeting in downtown and me and my husband came to you. We City of Miami Page 152 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 had the surprise after we went through so many meetings and we get to 96 feet height, I see the T3 is 35, so I came to you, Mayor, and I ask you, me and my husband, is it possible you're putting Biscayne Boulevard 35 feet? And you looked at me and you said yes, I'm not changing that, and at that the moment, I knew Morningside win, but the funny thing that two days ago, I get a letter from the SD-9 for a building. The address is 5220. I'm not against the building. But that building is facing my building, and they can go 138 feet. Actually, 12 floor, okay, 12 floor facing me. I pay the same taxes they pay, but I've been cut off to 35 to make who happy? Morningside happy? I will build him a house in the west side and he let us build what we want. That's not fair. They brought you here to even the west -- with the east. You cannot do that. West 12 floor and us 35 feet. There is no way I'm going to accept that. There is no way. 171 fight you. I'll even sell it to a lawyer that will fight you forever, okay? Commissioner Sarnoff. Well, do you accept the 53 feet? Ms. Tako: I really -- you need to sit with us. It's also -- Commissioner Sarnoff. My question is MiMo has proposed 53 feet. My question to you -- Ms. Tako: Okay. Also MiMo brought us -- MiMo is another issue -- Commissioner Sarnoff. You don't like that, huh? Ms. Tako: -- okay. But the idea is you cannot just come from a clay or night, decide 35 after we work so hard. We work hard. Commissioner Sarnoff. I got you. Well, you're paying on your highest and best use -- Ms. Tako: And -- Commissioner Sarnoff. -- so you're -- Ms. Tako: -- the guy next door to me, cross the street, he's paying the best use, but he can go 12 feet. Commissioner Sarnoff. Just imagine, if you will -- Ms. Tako: It's not 12 feet, 12 floor. I'm correcting this. He can go 12 floor and I can go 35 feet. Commissioner Sarnoff. -- not paying that tax bill. Ms. Tako: No. We are paying the same taxes, sir. Commissioner Sarnoff. I understand Do you know why you're paying that tax bill? Because the tax assessor thinks you can go 120 feet -- Ms. Tako: Well, I did -- Commissioner Sarnoff. -- so imagine -- let me finish. Let me speak for a moment -- not paying that tax bill and imagine having some transfer development rights to improve your property. Ms. Tako: Are you dreaming with the transfer right? Are you really dreaming? I haven't seen this happen in the city. Commissioner Sarnoff. You never had them before. City of Miami Page 153 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Tako: Stop it. Please, stop it. I know what's going on. Make Morningside happy on our case. For what? You supposed to sit here and make us even, opportunity for everyone. I work so hard in this building, very hard, and I don't believe you allow the guy in front of me, he can go so high and us 35 feet. I don't believe this. I know and you know and everybody sit here knows that you are wrong and I want all City to know that you are wrong. Commissioner Sarnoff So 53 feet's not good for you and MiMo's not good for you? Ms. Tako: Well, I really don't want to make a decision for anybody. Then my other people come and say that's no good. We agree for 96 feet, okay. Commissioner Sarnoff So you want to keep the 96 feet? Ms. Tako: And we agree about that. We work very hard to get that. Why do I have to put my position now to agree for something; you don't even sit with me? Commissioner Sarnoff So you will not -- you don't accept the 53 and you want to maintain your 96? Ms. Tako: If it has to come to a point that all of us will accept that without not going back and forth, I will go along with it, but in reality, this was a political issue. And you people put here and there is another election and another election and people of Miami need to know why you're doing this, why you're doing this. Because of Morningside, so much problem I have with them for nothing. Thank you. Thank you for this, and please do not pass the 35, please. Commissioner Gonzalez: Thank you. Yes, ma'am. Next. Wendy Stephan: Hello. My name is Wendy Stephan. I live at 101 Northeast 43rd Street. I'm the treasurer of Miami Neighborhoods United, and I'm here to emphasize the first point that we made in our requested amendments. We represent neighborhoods, residential neighborhoods and we're very concerned about the fact that throughout the whole process, the floors and the heights were talked about in very standard terms, which we, of course, were thinking, you know, we're ten feet stories -- ten feet floors, and then at the end, they kind of got supersized in the text. So our concern is that 25 first floor and the 14-foot height for each floor after. We haven't had an explanation still that was -- has been meaningful for where those numbers came from. We've been told things about efficiency, but if the City is going to continue to use air conditioning -- you know, I'm not sure I know -- we don't use air conditioning. Maybe a few months of the year, and we live in a house from the 1920s that was designed for that. Our ceilings were ten -- are ten feet, so we don't need 14 feet to have that, so the question is the rest of the year, those 14-foot floors need to be air conditioned, so if we're talking about efficiency, that doesn't make any sense, so if people want to supersize, and everyone keeps telling us don't worry; it'll never happen. I'm not sure why we're putting something in a code that we all pretty much seem to agree that is not a good idea. So what we would like to see is that the floors -- these supersized floors be limited to places of high density, which, in our city, is downtown. So you have the wording for the amendment. It's defining the heights of stories as 24 feet for the first floor and 14 feet for upper floors shall apply only to buildings in downtown. Outside of downtown, the first floor shall be a maximum of 15 feet, which still allows for a standard commercial, you know, development with upper floors being a maximum of 10. So that's my concern. This point is very, very important. If you allow instead of 10 feet, 14 foot floors, you're increasing the buildings, the height of buildings by 40 percent, not even counting that initial floor, so what -- we've got a density problem right now. Why are we adding so much height when height is what the problem you're hearing from so many neighbors about these transitions, so thank you very much. City of Miami Page 154 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Gonzalez: All right, thank you. Yes, sir. Avi Adulami: Hello. My name is Avi Adulami. I reside at 435 Northeast 55th Street. My house is the second house east from Biscayne Boulevard. My office located on 7310 Biscayne Boulevard I'm here to talk about the 35-foot limit. I have been shuttling between my house and my office for the last ten years, and every time I was wondering why the Boulevard is looking the way it is. And this is the main reason why I'm here. I'm not here because I can get some benefit financially or something like this. I'm here because I think that -- to do the right thing. Going from my house to my office, many times look in those empty lots and closed businesses and drug dealing and prostitutes, I would always ask myself why is the Boulevard looks like this for so many years. I tried to discuss it with fellow business owner and with residents in the area, and all what I was told is look, we are missing the density. We don't have enough people locally to support the businesses. And then I said you know, we got 39,000 cars that are zooming by every single day on the Boulevard. Vety, vet); few of them stop to shop, and the reason for that is that the Biscayne Boulevard businesses are very small, they don't have parking, and they cannot compete with today's shopping centers and mega malls. But on the other hand it's an historic area, and it does have a great potential to show all America what mom-and-pop businesses used to be, and we are supposed to be here to help to develop it. Without the density, if we are going into 35 feet, you are killing any chance to increase the density in this area. The Upper Eastside is all single-family houses. It's ten minutes from downtown. It's not a suburb. It's the city. And we need to do some compromise for the sake of Biscayne Boulevard. Otherwise, let's close all the commerce on Biscayne Boulevard extend the wall from Bay Point all the way to 87 and create just residence -- Commissioner Gonzalez: In conclusion. Mr. Adulami: -- and maybe put some landscape. Commissioner Gonzalez: In conclusion. Mr. Adulami: That's my conclusion. Commissioner Gonzalez: Thankyou very much. Mr. Adulami: I beg you to consider it. Commissioner Gonzalez: Thankyou, sir. Mr. Adulami: Thank you. Commissioner Gonzalez: Yes. Next. Arva, go ahead, please. Arva Parks: My name is Arva Parks. I live at 1601 South Miami Avenue. I had a prepared thing to say today, but standing in line all of this time -- oh, by the way, I have Dolly Maclntyre and Annemarie (phonetic) Kliett (phonetic) gave me their time, Commissioner. You said you wanted names, so those are their names. Standing in line here, I'm afraid I was getting a little emotional. And as you all know, I am a historian, and I'm not sure there are too many people that knows much about Miami on a big picture as I I was born here. Not only was I -- was born in Southwest 3rd Street. I know that whole neighborhood very well. I love that neighborhood very, vevy much. When I was in the -- I went to Riverside Elementavy. When we moved to Miami Shores, I ended -- I went to Edison back in the City of Miami. I grew up in Morningside, and all -- I went to dinner in Little River and the movie in Little River. I had my picture taken in Allapattah. I knew Miami, and I've watched it change, and I love it still. I watched the place change, the people change, and I can tell you there's no better place on earth, but I stand here today and I look at what 11000 did to us. I -- as you know, I served on your Planning Board for City of Miami Page 155 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 seven years, and I remember saying it was like John Sewell said when he watched Miami rise from nothing, that I was inside the ring. And when I was inside the ring, I learned more than I really cared to know about certain things. I learned to hate parking garages with a passion, all the things that were allowed in 11000. I drove down Brickell Bay Drive. I like some of the wonderful buildings. The parking garages have killed the street. That's what, 200 feet from Biscayne Bay. Today I drove around Miami. I drove through downtown Miami and I saw the good and the bad and the ugly. The Planning Board did a lot to try to cover up garages for a while, but it was like suggestions. It wasn't the law. I now live in the Brickell area. I live with high-rises all around me. I knew they were there when I moved there, butt can tell you I feel for the -- because on -- behind my house there is a five -story limit. One of the few things that was done right in the former Zoning Code, and believe me, it makes a big difference. And under Miami 21 there will be a setback. You drive down Coral Way, which I think is our biggest -- one of our better awful lost opportunities because it's such a beautiful street -- I see those buildings smack up against single-family homes. I see them way too tall. I see open parking garages. I want to throw up at what has happened under 11000. So I don't want us to have 11000 anymore. I want us to have Miami 21. And we've had enormous public input. I can tell you, in all my life and in all my research, I have never known anything that has been studied, dissected I'm a compulsive reader. I read everything. I read the little one and the big one. I read what everybody sent me, the neighbors and the people. I read everything that comes my way. It is not perfect and no one here said that it is, but it is made up of many different points of view, just like the people that live in this great city. Not all of us can get what we want, but we need to take a chance on something that's better than what we have. Now, 171 revert back to what I was going to say. We need a stronger Planning Advisory Zoning Board The Planning Board -- everybody talked about what the Planning Board did. It's an advisory board. We could have done a lot. We did a lot of good that, unfortunately, many of you didn't vote for, but we had no reason -- we tried our very best. The preservation -- and you know I'm passionate about preservation. I'm not for the 35 foot, and one of the reasons I'm not for the 35 foot in the MiMo District is because the people in the MiMo District, they took the chance and became a historic district when people told them don't do that, they did it, and I think they need to be listened to. People say, oh -- I can't talk about the planning history because the gentleman for Dover Kohl did a very good job of talking about that. We know we love London and Paris, and parts of New York and Chicago. They do have good zoning, good planning. They do use form -base, even though it didn't have that name. We know that there was a lot of mixed -use in Miami. It didn't have a name. People that lived over the store, we're trying to bring that back. It's not too late to do something wonderful for Miami, and you are the ones who can do it. In fact, it is the perfect time, and the reason it's the perfect time is because we have a moment in time to take a breath, and when we take this breath, we can put the new code in. It is not hammered in stone. Lord knows, just look at 11000 and the two gazillion pages of amendments that occurred, but let's have this breathing spell as an opportunity to make Miami even better than it is. Thank you. Commissioner Gonzalez: Thank you. Commissioner Regalado: Arva, can I ask you a question, please? And thank you. It's a very intelligent, passionate. Do you favor having less input or more input from the residents on every zoning matter, permitting, variances? As a former Chairman [sic] of the Planning Board, do you think it's healthy that the people engage in any of the issues that come before the City in terms of map changing, zoning matters, appeals, permitting, or do you think it's a waste of time? Ms. Parks: I think under 11000 it was a waste of time, only because the Planning Advisory Board had absolutely no power. We listened to everything, we listened carefully, and I can tell you the Planning Advisory Board was a really good board even when we didn't agree. One of the reasons I like this is that the citizens, who make up the Planning Board, will have more of an opportunity to listen to the people and make judgments that can still be appealed to you, which is appropriate, but everything the citizen stand up for would not automatically go to you, so I see this as additional. I also think if there are some things that are really clear in the Code, then it City of Miami Page 156 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 won't be necessary to do -- to have the citizens be as vocal and be there as much as they were now -- Commissioner Regalado: So -- Ms. Parks: -- because I saw terrible things happen under the current system and that's why I'm so passionate about this change. Commissioner Regalado: -- you think it's healthy not to have -- Ms. Parks: I didn't say that. Commissioner Regalado: -- that much public input? Ms. Parks: No. I think it's healthy to have the citizens have the opportunity to speak to other citizens. Commissioner Regalado: Right. Ms. Parks: And then let them appeal to the Commission, and that's what is possible under Miami 21. Commissioner Regalado: But this is what -- Ms. Parks: -- and I'm very much -- Commissioner Regalado: -- is going on now -- Ms. Parks: No. Commissioner Regalado: -- in the Planning Board It's just that the City Commission overrides the Planning Board Ms. Parks: No. Everything single thing, Commissioner, that came before the Planning Board went to the Commission -- Commissioner Regalado: Right. Ms. Parks: -- so that it was only advisory. Commissioner Regalado: Right. Ms. Parks: Under Miami 21 you would have to appeal to the Commission, as the Zoning Board is now, and that's different. That's a different policy. Commissioner Regalado: But do you think it's a hardship for the residents? Do you think that you have to get attorneys or --? Can you do it by yourself? I mean, are you really sure that the public will have 100 percent more input than it does now? Because you know, you keep saying this is what 11000 did to us. The humans did this to us, the people that made the decisions, the staff and the elected officials throughout the year. The Code was there. The elected officials and the staff just override the Code, but I'm just -- I'm really troubled by -- Ms. Parks: Actually -- Commissioner Regalado: -- it seems that the only person that has mention the public input was City of Miami Page 157 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Barbara, and everybody else has a particular problem. Ms. Parks: I have -- many of Barbara's ideas have been incorporated, and I think Barbara -- Commissioner Regalado: I understand that. Ms. Parks: -- of many of the ideas has had some of the best ideas coming out of the public. Commissioner Regalado: I understand that. Ms. Parks: And we said that at the Planning Board, and we're -- you know, voted in favor of many of -- most of her -- all of her ideas maybe. Commissioner Regalado: I'm just -- Ms. Parks: It's not -- Commissioner Regalado: -- I just want to get your input because I'm puzzled by this. Ms. Parks: One of the things that's bothered me is exactly what you said is that the citizens came and argued and had their say, but it really didn't make any difference, and it's not the Code itself. If I heard one more time from a lawyer at the Planning Board I could build two gazillion floors and I'm wonderful; I'm only building half a gazillion. That -- you heard it today. You heard by right, by right, by right. You heard about "my client." I think you -- your job is -- you know, and I know this and you do this, but it's all of us, the people that are not here today, the people that aren't represented by Miami Neighborhood [sic] United or a lawyer or any of us. That's who we have to think about because that's Miami. Commissioner Regalado: And you think that that people will be best represented in having half of their public hearing? I'm just trying to understand Because if it were for me -- Ms. Parks: I'm not sure that -- I don't read it that way, Commissioner. Commissioner Regalado: -- 171 support giving the Zoning Board the Planning Board extraordinary powers and -- Ms. Parks: Well -- Commissioner Regalado: -- but -- Ms. Parks: -- under Miami 21, it has more than that. Commissioner Regalado: -- I'm really troubled because no one seems to present the case for the rest of the people, and that's something -- Ms. Parks: I guess that's what I'm trying to do. Perhaps I'm not succeeding. Commissioner Regalado: Well, okay -- Ms. Parks: Thank you. Commissioner Regalado: -- if you say. Chair Sanchez: Okay, next speaker. City of Miami Page 158 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Brenda Kuhns Newman: Brenda Kuhns Newman, 119 Northeast 43rd Street. I'm here as a citizen and also as president of the Buena Vista East Historic Neighborhood Association. First, I'd like to thank all the Commissioners. First and foremost, your job is a tough one, and I do think the Code is much better today than it was in its original form, and that is in large part because of this board, so thank you. Our neighbors are in support of Miami 21 with a few amendments specific to our neighborhood. I have passed out a very hand -made -- homemade exhibit for you. The first page is a copy of the Miami 21 zoning atlas specific to our neighborhood On the left side of the page, you can see Miami Avenue. On the right side of the page is Northeast 2nd Avenue, and in between is our historic neighborhood. We are single-family homes; some have a cottage. We have a few duplexes in the neighborhood. As you can see from the exhibit, most of the neighborhood that central square is zoned T3 L, but all along the borders it has been zoned to T4. The problem with that is that you have houses abutting 53 feet. We don't oppose a commercial use, but we do oppose that height abutting our single-family homes. So all along -- if you turn to the next page -- I have colored it in for you. All along North Miami Avenue, which is on the left side of the page, we want that changed from T4 to T3. On the bottom part in yellow -- this is a block that was split in half so you can see on Northeast 42nd Street, on the south side of the street, those are our homes. And then on the north side of Northeast 41 st Street, those are commercial properties, and we don't have a problem with a commercial use, but 53 feet abutting the backyard of those homes is very extreme. On the -- Chair Sanchez: In conclusion. Ms. Newman: -- right side of the page, you see Northeast 2nd Avenue. There's one lot width along Northeast 2nd Avenue that I did not color in. Those are commercial properties today. They're zoned T4 under Miami Avenue, and we're not asking that you change that. However, if you look at the part I colored in yellow, those are our houses. Those are individual single-family homes that have been zoned T4. That's a commercial designation. It allows 53 feet. We're a historic neighborhood. It encourages people to tear down these houses, build taller. And we ask that you change all the yellow parts to T3. Chair Sanchez: Thank you. All right, next speaker. Sinuhe Vega: Hi. How are you? My name is Sinuhe Vega. I own a building on Biscayne Boulevard 6900 Biscayne Boulevard and a business as well. I'm here opposing the 35-feet restriction on the Boulevard. This is a -- this district has a fantastic potential. This is why we have invested and dealt with all these problems. I've been here for the past six years. In the last three years, I've been burglarized 15 times. We put up with it because we believe we see a future. We see the renovation of Biscayne Boulevard We see a design district blossoming and the promise of it moving closer to us. We see the Wynwood, the Performing Art [sic] Center. We see Miami's top tourism destination. Our motels turning into boutiques. Big chain hotels wanting to move in. We see a major artery leading into downtown Brickell and Miami Beach, an urban district with the best cultural tourism Florida has to offer. We have also seen a concern on high-rises, and as a district, we propose the five -story resolution. It was Miami 21's recommendation, T5 from our present 95 feet. We think this is a fair compromise. We do not see a future at 35 feet. Thirty-five feet will not allow adequate parking nor intensity for this district to flourish. Furthermore, other historic districts have, as Art Deco, Miami Beach have five stories or more. I think 35 feet undermines our hard work and it takes away our property value and potential. We urge you not to vote in favor of 35 feet. Thank you. Chair Sanchez: Thank you. Next speaker. Alyce Robertson: Hi. Alyce Robertson, executive director of the Miami Downtown Development Authority. Back in March the DDA voted to support Miami 21 subject to 11 conditions. As part of first reading, those conditions were accepted. The last condition was that the Planning City of Miami Page 159 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Department come back to the DDA, and they did come to our September meeting. At our September meeting, we discussed Miami 21 at length. There are two resolutions that are passed and we'll enter those into the record supporting Miami 21. I think it's important. There's a request in zoning designation change for Brickell from -- to T6 to T6-48 or T6-60 in order to allow greater height, and we're in support of that. One of the things that's important about Miami 21 is the walkability, livability aspects of Miami 21, and I thinkArva's poignant presentation about the future and where we're going, I think we need not look just at what is happening today, but this is what we're building as our foundation for the future and how we're going to develop into a very vibrant urban core center. I'm sorry that Commissioner Regalado's not here because as a 25-year resident of Morningside, I would like to say one thing about -- I've been to many of these public hearings with my children, and I think that they would have preferred to be other places than at a City Commission meeting, so less involvement by citizens and having to be here physically protesting, I think if you have a code that is predictable and something that you can follow, that that's something that we, as residents, I would appreciate, that not to have to be here all the time. Thank you. Chair Sanchez: Thank you. Next speaker. Dean Lewis: Yes. Good evening. My name is Dean Lewis. We're passing out an enclosure that I have, hopefully quickly. Dean Lewis. I'm principal -architect of Threshold, International, and board member of the AIA Miami Chapter of Architects and the City's Urban Development Review Board I'm also design chair for the MiMo Association and committee member of the City's Affordable Housing and Commercial Loan Committee. I also live and work in the Upper Eastside. My focus today is to support Miami 21 in principle. There's a long way to go to get the mechanics right, but in specifics today, I'm here to address the correct and future development heights of Biscayne Boulevard Dear honorable Commissioner Sarnoff and fellow Commissioners, I ask you vote no on the proposed 35-foot height limit on Biscayne Boulevard and establish correct height allocations based on real urban design principles. With all due respect, Commissioner Sarnoff, you're typically a well-informed gentleman and a well -- as well as savvy politician. Why have you not applied your political prowess to which we recognize to the betterment of your unfounded ill informed, and blatant buzz cut 35-foot height limit campaign for Biscayne Boulevard's MiMo District when you have been fully informed by professionals of its wrongdoing? See the attached letters from my respected colleagues, including Fullerton Diaz Architects, Dover Kohl Partners and town planners, Luis Revuelta, architect, as well as others. Your disregard of the facts of sound urban design not resort town planning principles in this critical decision truly has us of the design profession and district stakeholders shocked beyond belief. Even the City's own Planning consultant, DPZ, never advised the 35-foot cap. On the contrary, they recommended T4. Now upon restraint, T5 and T6-8 zoning more compatible to the existing SD-9 zoning. Remember, the Boulevard's Upper eastside is still urban core. This is critical. The City of Miami to its limits is still the urban core of Miami -Dade County, so this is not about suburb niche. It is about urban design principles. Quickly, when will you admit that your campaign promise of this 35-foot cap was a premature unfounded decision based perhaps more on a political gain and a romantic historic vision of a bygone horse and buggy era of the Boulevard, a decision to which you did not fully comprehend perhaps the urban ramifications and potential detriment to your own district's residents and business owners? Why do you still to this day ignore these facts? When will your office stop hiding behind a veil of smooth political prowess and admit your mistake; correct it and do what is right? Finally, fact. Let's get to the common ground the variation of building heights. I've submitted for your appreciation. You can see the zoning -- existing zoning of 11000. Here annotated in yellow is the SD-9 zone which is with a future height limitation. In green you will see all the abutting zones that have superior height limitations today of R-3 or greater. You will find if you do the calculations, you have over 36 street blocks abutting SD-9 and as we can tell, our common ground being, as you approach the Boulevard, we're going to carefully increase our zoning entitlements. Therefore, if you're R-3 at the least, then 50 feet, how illogical is it to go down to 35 feet? That's point in case, clear, factual -based information, so clearly City of Miami Page 160 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 downzoning the Boulevard SD-9 zone to 35 feet when abutting these blocks or in a zone with greater development entitlements is illogical and against the City and residents' best interest. Fact two, 35 feet of height will increase rear parking lot deficiencies and it will also create the increase of suburban surface parking lot syndrome and increase the parking deficiencies since the lower buildings will not be able to integrate structured parking levels with architecturally treated screens and facades. That's also a fact. It's also in the design guidelines, the County's as well as been submitted numerously and that's also in your brochure or your packet that I gave you. Look closely where perhaps a three-story -- three- to four-story, 35-foot height recommendation is made for a minimum of a commercial corridor in a suburban setting. Look at the design. Look at what you have as a result in the background of these little three-story shacks. What do you have? You have surface parking lot syndrome. I would rather have a building with a couple extra stories properly designed and architecturally treated abutting my residence, which happens to be in Morningside than dumpsters, derelicts, asphalt, palking and everything that goes with it. Chair Sanchez: Okay. Then in conclusion. Mr. Lewis: In conclusion, the great streets, the great cities we spoke of previously all do in store and apply a quasi form -based code, Paris is a perfect example, Washington DC. What do they base it on? What's called the concept of a cube of light, a boulevard, a right-of-way's width, comparable to its height, development, entitlements of heights. In other words, if I have a hundred foot right-of-way, well, I should be close or have the right to get close to a hundred feet or 95 feet or 85 feet as long as I'm stepping down and responding to my abutting neighborhood districts, okay, in a way that SD-9 currently does. Perhaps 85 and 95 is too tall -- Chair Sanchez: Dean. Mr. Lewis: -- but it's not one height that's going to solve this problem, Commissioner. I applaud your diligence and your position in your office to review this again, get to a case -by -case basis based on abutting districts and resolve your position to the betterment of our community -- Chair Sanchez: Thank you. Mr. Lewis: Thank you very much. Chair Sanchez: Thank you, Dean. Next speaker. Danette Linares: Good evening. My name is Danette Linares. My address is 1428 Brickell Avenue. I'm a City of Miami resident and commercial real estate broker working in downtown Miami. I stand here before you on this important day when Miami's future is in your hands, as an enthusiastic supporter of Miami 21. I have worked in this city for 16 years, representing and leasing office space for the biggest and most well-known office towers in Miami. I can attest that a major contributor to drawing office tenants into the downtown area and to the overall economic growth of our city is good urban planning, specifically, an approach that is pedestrian focused, encourages mixed -use development, including restaurants and residences near places of work, seeks to accommodate public transportation, aims to create a more beautiful city with requirements like lining unsightly garages and embraces green and sustainable development. Miami 21 does all of these things. It will make our city richer, more livable, and a better place to be. It will also directly contribute to the economic vitality of our dynamic city. Today presents a rare and historic opportunity to shape Miami's future for decades to come. I strongly ask that you vote to approve Miami 21. Thank you. Chair Sanchez: Thank you. Next speaker. Name and address. Louis de Thomas: yeah. My name is Louis de Thomas. I share ownership of a building on 7001 City of Miami Page 161 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Biscayne Boulevard Thank you for hearing us today. Like Ms. Parks, I was standing in line for such a long time that I think you have more information than is necessary, technical information and so forth, and to agree with Commissioner Regalado. I think I just wanted to leave you with one thought, and that is that we have to humanize this process a little bit, and a lot of people are being affected residents an business owners and property owners alike. And I think that somehow, some way, you have an opportunity to leave a legacy that could be great and it could be terrible. So she also stated that we have to be listened to. This city has to listen to the residents, to the business and property owners. Without listening you can't make major decisions like this. It's going to hurt everyone. And just to bring something else into light is that, you know, Morningside wouldn't be Morningside today if it wasn't for the speculators and the investors and the people that believed in the area. The place would not have been gentrified without those people, and those same people here are just asking for their property rights, to have the best and highest use of their lands, and that's all we're asking for. If it's not 85 feet, could it be 53 feet? Yes. But you can't ask that question today. You have to talk. We have to figure it out, and then we can make a decision. So I ask you to vote no for the 35-foot height restriction. Listen to your hearts, listen to your people, and leave the legacy that you're supposed to leave. It's going to be great or really, really, really, really bad. Chair Sanchez: Thank you. Mr. De Thomas: Okay. Chair Sanchez: Thank you, sir. Yes, sir. Sam Poole: My name is Sam Poole. I'm a land -use attorney with the law firm of Berger Singerman. The Miami offices are at 200 South Biscayne. I'm here tonight though as a concerned citizen. Much of what you have heard is about requests for individual adjustments to property, to height, or to density. In effect, you've heard six months of zoning requests this evening. You know, because you've been here, that changes to land development regulations are things that occur whether you call it Chapter 11000 or you call it Miami 21, simply a fact that you will forever be hearing changes of -- to your land development regulations, but today is not about that. Today is about a fundamental shift in the way that we see Miami and indeed the way that this hemisphere and the world sees Miami. Under Chapter 11000, as Arva told you and certainly as you have experienced we have seen great neighborhood and great city streets that were full of people become highways that are now full of cars. Well, Miami 21 is about a lot of things, but most importantly, at its core, it's about how individual buildings can work together to create those great public pedestrian places, so the request for individual adjustments will continue as long as we live here. That's not what tonight is about. Tonight is about the beginning of a renaissance of the city. I urge you to vote to approve Miami 21. Thank you. Chair Sanchez: Thank you, sir. Next speaker. Bruce Weil: Good evening. My name is Bruce Weil, and I reside at 5901 North Bayshore Drive, Morningside, and have reside there for many years. First of all, I want to clear something up. I've been a Morningside resident for many years. Morningside has hundreds of homes. I understand an individual got up here and stood and said that Morningside is for Miami 21. Well, that individual's a member of the Civic Association. The Civic Association is a voluntary association. It is not a homeowners association which membership is mandatory. It's a voluntary association, of which only approximately 90 of the hundreds of homes of Morningside are members, so understand something, when someone comes up here and says to you that Morningside is for Miami 21, they are not speaking on behalf of Morningside. They are speaking on behalf of a voluntary association, of which a portion of the 90 homes which are members, agree with. I will tell you there are many residents of Morningside that are against Miami 21 and there's a Google group that we talk about it consistently, so understand that, you know, Morningside -- there are many residents that are not for it, only a small group that are -- happen to be member of a small civic association or activist are for it. Second of all, I am for City of Miami Page 162 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 controlled development. I'm all for -- I don't want to see a boulevard with -- you know, lined up with, you know, 120-foot tall buildings, et cetera, butt think putting a one -size -fits -all on every single homeowner is not the answer. I think that you need to keep this at the administrative level. I think you need to do it on a case -by -case basis. I think you need to do it based upon the lot size and things of that nature, not this is it and that's it for everybody no matter how big your lot, no matter how small your lot, no matter how much parking you have, no matter how much parking you don't have. Second of all, the one thing I read in the paper today, which I don't think many people knew about until it came out in the Miami Herald was the -- I call them "handcuffs" that are going to be on homeowners regarding the design of their homes. And I will tell you that the buzz at my work today, which is, you know, many people -- we're talking about how they're going to be restricted on how they have to build their home, what percentage of height limitations, not on the height, on how much of a second floor you can have, how much has to be on the first floor. You know, the real estate market already it's hard enough out there as it is. Homeowners are already handcuffed. This is really going to handcuff and shackle them. Now, I'm not saying there isn't some type of development control that needs to be put on, but again, there cannot be a one -size -fits -all for homeowners as well, okay. Lastly, I live in Morningside, which already has a preservation board you have to go through to make chances, so now you're going to have to have us go through the City to do an addition or some type of renovation, and then we have to then go to the preservation board. We're already, you know, have strict limitations on what we can do, so I will tell you that many residents are very upset in arms because, you know, this is the United States. We don't want to feel like we live in a country where in order to put on addition to your home -- we already have to go through a preservation board; have to now go through another regulatory body, so please keep the individual citizens in mind when you do this. Again, I am for controlled development, but I would ask you to go back through this Miami 21 and just tweak it. Chair Sanchez: Thank you. Mr. Weil: Thank you very much. Chair Sanchez: Thank you, sir. Next speaker. Neisen Kasdin: Good evening, Mr. Chair, members of the Commission. Neisen Kasdin, vice Chairman of the Downtown Development Authority, 1 Southeast 3rd Avenue. I'd like to talk to you about two things, process and what you're creating here today. First, process. This is an extraordinary process that the City of Miami has gone through. I'm also a zoning lawyer. I see the way other cities and counties handle zoning and land -use initiatives, and one of the frequent complaints of other lawyers, as well as community groups, is how arbitrary, how without thought communities address those issues. The whim of a Commissioner moves a zoning item. The desires of a neighborhood group, a developer's desire. No analysis, no understanding of compatibility, no planning process, just reaction. This is the opposite of that. This is the most thorough process I have ever seen in any community in terms of analyzing and revising and reforming its zoning. Not only because the amount of time that you have taken, not only because of the amount of community meetings that you have had, but you have looked at each and every neighborhood assessed and understood the underlying character of the neighborhood, sought to protect and preserve existing zoning rights, create reasonable transitions, deal with individual problems that have been brought to your attention, myriad of individual problems. This is the most thorough, most thoughtful, most analytical, comprehensive zoning process I've ever seen any major city undertake, and you, as a Commission, the City Administration, the Planning team from Ana Gelabert, the Planning director, to Liz Plater-Zyberk and her team are to be commended for leading the process through in such a thoughtful and deliberative fashion. In fact, it is a testament to the success of this process that there's really only one issue of great concern tonight, which is the height limit along Biscayne Boulevard. The second thing I want to talk about is what you are creating here. Take a step back and think about what you have done. New urbanism, the return of planning, good planning to the development of American cities has City of Miami Page 163 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 largely in the last few years been in green field development, like someone mentioned sea side. Well, it's easy when you're starting from scratch to create a perfect code or in certain select neighborhoods, but no city that I know of of this size in the United States has enacted a comprehensive rezoning based on the best planning principles because for decades everyone thought that major American cities had been the victims of years and years of bad planning, and that nothing good could be done to really change the character of those communities. And so the communities were left to sort of flounder with bad planning, new suburbs, new communities that were developed and certain selected neighborhood adopted modern contemporary urban friendly, pedestrian friendly zoning codes. What you're starting today by adopting Miami 21 is of national significance. You are the first major American city to adopt on a citywide basis, the best in contemporary urban planning principles. You're to be commended for that and you should celebrate that. And I know because it's already happening, that many cities around the country will be following your example, and understanding that even though they may be large cities and they may be old cities, they will be cities for hundreds of years to come and they can make their cities a better place as you're doing here this evening. Chair Sanchez: Thank you. Mr. Kasdin: Congratulations. Chair Sanchez: Next speaker. Teri D'Amico: Yes. Good evening. My name's Teri D'Amico. I live in Bay Harbor Islands. I co -coined the term MiMo in 1998 and it's short for Miami Modern, and I led a ten-year movement to designate and preserve Biscayne Boulevard and I'm one of the founding members of the MiMo Association. I support the 35-foot height limit. In the MiMo District you basically have one- and two-story buildings. And a lesson that I learned in Miami Beach, it's not just the height; it's the parking pedestal that's required. When you have a ten -story building, it requires two or three stories of parking garage, and these parking garages just aren't compatible to one-story buildings, whether they're commercial or it's a historic home. If you look at Elvis's, you know, illustration, would you want to be next to that three-story parking lot? It'll destroy the existing pedestrian friendly environment that we're trying so hard to promote, the sound and the lighting is a nuisance and will destroy the charm of the adjacent residential neighborhoods it backs up to. A similar model of Biscayne Boulevard is Lincoln Road. It's mostly -- the core is one-story buildings. As a member of the Miami Design Preservation League, we fought to stop the taller buildings, and we were challenged with the same questions that no one would want to do business there. So look at it now. It's a thriving neighborhood, a commercial neighborhood, and it's a world -class shopping and dining destination and it's basically one-story. In this economy we have many proposed projects, commercial project renovations alread;, and today property and business owners don't have the money to build and manage empty, tall retail office towers. Most lots can't even accommodate six -stove buildings. For example, there's Balans, it's a new three-story building. It can't even provide the parking, and alread; residents are complaining that it's going to be spill -- the parking is going to be spilling into the residential neighborhood So I don't understand the doom and gloom. Death of a neighborhood? We just revitalized this neighborhood It has great potential, okay. Chair Sanchez: In conclusion. Ms. D'Amico: Excuse me? Chair Sanchez: In conclusion. Ms. D'Amico: In conclusion, I want you to just consider that these people are being taxed for highest and best use, and I think this would be a positive thing for them in the immediate future instead of the far future, and they're given TDRs (Transfer Development Rights), so I don't City of Miami Page 164 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 understand -- you know, if they can't demolish a historic building, they're given TDRs, what is -- what's the problem? Thank you -- Chair Sanchez: Thank you. Ms. D'Amico: -- for my consideration. Chair Sanchez: The next speaker. Charles Bohl: Good evening, Commissioners. My name is Charles Bohl. I'm on the faculty of the University of Miami where I'm director of the Real Estate Development and Urbanism program. My background's in city and regional planning. I'm speaking to you as a concerned citizen this evening. I've spoken before and submitted a letter in support of Miami 21. It's an exemplary land -use planning document, and a real credit to the city. I'll second what I've heard from several people that this has been an exemplary process you've carried out, to hear from all sides, to vet the Code in an extraordinary way, allowing architects, developers, land owners, citizens to all spend an extraordinary amount of time looking at it. The Code strikes a balance between competing and really conflicting interests, and you're hearing from both -- all sides this evening. I have friends on all sides of this discussion, but it really comes down to balancing special interests with the need to look out for the civic interest and the public interests, which Arva Moore Parks spoke so eloquently about earlier. The Code will ensure that individual projects, parcels, and buildings add up to more than the sum of the parts. It's about the shaping of the public realm. It's about creating a great livable city in a collective sense and to guide that in a very balanced manner in the future. What I will emphasize this evening is to -- now is the time to act. Pass the Code. Pass the Code and tomorrow the sun will rise, the architects, the developers, the land -use attorneys, everyone you've heard from today, the neighborhood groups will all go back to work, the public process will continue, the dialogue over each individual project and development will continue. It's not an end; it is a new beginning. It is new basis, a rational basis for the City to move forward and create a great livable city for the future. The City now needs not more politics; it needs leadership and vision. I think we've seen that here in the Commission already the last time around You have the honor, the privilege, and the opportunity to provide that vision and leadership for the city. Chair Sanchez: Thank you. Next speaker. Mallory Kauderer: I have a handout with ten copies for the dais. Chair Sanchez: Sir, why don't you hand it to the Clerk. The Clerk will -- yeah. Mr. Kauderer: Mallory Kauderer, Little River Business District chair, offices 300 Northeast 71 st Street. I have buildings in the -- Commissioner Gonzalez's district, in Mr. Sarnoffs district, and Commissioner Michelle Spence -Jones's district. I was an opponent of Miami 21. I guess I'm in the middle now. Can't beat them, join them. I've spoken with Commissioner Sarnoff, the Mayor, Angel Gonzalez's staff, Michelle Spence -Jones -- and I want to applaud Michelle with her efforts in pushing through some things that we felt that we needed for our district. It was very important that we had that support. Her willingness to listen and understand and help facilitate some very important changes that we worked on with Planning staff have been, I think, and will be very helpful. The first item on my list is 18 units of work -live or basically habitable units in the D1 district. This is to effectively create adaptive reuse of the buildings, eyes on the street, and this is key. And we have, I understand achieved that in the last couple of days, and that's part of the Code. Thank you. Bennett, earlier in the evening or in the afternoon, I should say, who's the cochair of my committee, he had discussed the D2 in general (UNINTELLIGIBLE) districts of a habitable space to assist in fighting crime and creating an atmosphere of eyes on the street in the heavier industrial districts and we support those changes. I understand they have some problems with the -- some of the language, but we would ask for that to be addressed. The City of Miami Page 165 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Planning Department and consultants have been -- made many changes as far as working on adaptive reuse of the buildings and being able to reuse older buildings. We'd ask that those continue. And again, I'm bringing up an item I brought up at first reading, which is require an objective criteria for substantial modifications. It says in it -- and I've read it several times. It's the opinion of the Planning director, and I think that that really isn't -- it needs more than that. Thank you vevy much for your time, and I appreciate the efforts of everyone. Vice Chair Spence -Jones: And I want to also thank you, Mallovy, for chairing the Little River Business District. You've done an outstanding job and I'm glad that you guys were able to come to consensus with the City and everyone else, and I think the area is going to be awesome now. Mr. Kauderer: Thank you. Commissioner Sarnofff. Habitable space has not been resolved, right? Vice Chair Spence -Jones: Well, that was the one thing that we're going to talk about when it's time for us to. Mr. Kauderer: In the heavy industrial districts, no. Commissioner Sarnofff. Right. It's not a -- Mr. Kauderer: Yes. Commissioner Sarnofff. -- resolved issue? Mr. Kauderer: That was not resolved. Lynn Summers: Good evening. My name is Lynn Summers. The address is 5807 Southwest 82nd Street. Tonight 1 am here on behalf of Marine Max. Marine Max is a national publicly traded company that has two locations here in the City of Miami. One is on Little River. The specific address is in the area of 840 Northeast 78th Street. The other is right here in Coconut Grove. The issue that we are raising again tonight, though we've met with the staff numerous times, attended many public meetings. I think this is just a detail that has not received the attention that it needs, but please, resolve this problem tonight, and the problem is found in the definition of marine -related commercial establishment. It's found on page 1.6 of the definition section. And here's the problem. The uses that are not allowed within the marine -related commercial establishment definition are uses not included are all work on vessels which exceed eight feet in width. That means any vessel with a beam in excess of eight feet cannot be handled, repairer, stored, served in a marine -related commercial establishment. Let's look at the recreational marine industry in the City of Miami, and that is what the Marine Max location is on the little river, and just to be real plain about it. Donna Milo, a member of the Planning Advisory Board, lives just down the way from this Marine Max facility. She owns a boat, and I'm told by the representative of Marine Max, who's here tonight, that her boat has a beam of 11.5 feet. She is no longer going to be able to go just a few hundred feet down the little river to the establishment where she has her boat serviced and the thousands of customers in South Florida who have recreational vehicles or recreational boats are not going to be able to go to facilities like the Marine Max facility. In speaking to Commissioner Sarnoff earlier before this hearing began, he said bring me someone from the marine industry so we can understand the -- what is the standard in the industry, and with me tonight is Omar Ramos, who is the general manager of this Marine Max facility. He brought, so you can understand, a series of catalogs for Sea Ray from the smallest to the largest. These are clearly recreational vehicles -- recreational vessels which you want in the City, you have in the City. You want them to be able to be sold and serviced in the City. Even the smallest Sea Ray that is sold now exceeds an eight foot beam. What we are proposing is the following language change to this section. If you will strike the City of Miami Page 166 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 language which says all work on vessels which exceed eight feet in width and instead the sentence should read uses not included are all industrial vessel paint and bock work and industrial major engine work or overhaul, all of which are considered marine -related industrial activities. Outside just a few minutes ago I spoke to Orlando Toledo. We've spoken to Ana Gelabert. She's been out to the location, and please, I think this is an easy fix. Just eliminate this objective language and this definition will work. And the recreational marine industry can thrive in the City. Commissioner Sarnoff. Do you have that in writing? Ms. Summers: Yes. Commissioner Sarnoff. May I see that? Is -- Mr. Manager, is it our intent to go as small as eight feet? I mean, you essentially do away with marine uses. Ms. Gelabert-Sanchez: I think the differentiation is one is commercial and the other one is industrial, and on the industrial it was where we were allowing for the eight feet; and I believe when we did it, we were also told that eight feet apparently is the size of a vessel that would be -- the more or the less was depending on how big the vessel was, so one would be an industrial and one was commercial. I did go out to the property that Ms. Summers is referring to, and I believe at the time what you were seeking was a change to industrial. Ms. Summers: No Ms. Gelabert-Sanchez: I -- Ms. Summers: No. Ms. Gelabert-Sanchez: That wasn't -- Ms. Summers: No, no. This is -- if we look at the entire definition, it's marine -related commercial establishment, which says a place of business serving marine -related needs including but not limited to boat repairs, boat storage, boat servicing, boat rentals, or a place of business provides marine -related retail including but not limited to bait and tackle stores, boat sales, marine supply stores. Uses not included are all work on vessels which exceed eight feet in width. So in other words, Marine Max can no longer sell boats there, can no longer deliver boats there, and can no longer service boats there that are wider than eight feet. Commissioner Sarnoff. So what you want to eliminate is all uses -- I'm sorry -- uses not included are -- you don't want vessel paint to go on, body work, major engine work overhaul, correct? Ms. Summers: That's correct. In other words, what the Miami 21 attempts to do is distinguish between marine -related commercial establishments, which is defined to include recreational vehicles and other things. In another section in the Code there is the industrial marine -related uses and that's the two differences, and what Marine Max and many other marine -related locations in the City want to do is to be able to serve the recreational marine industry They don't want to do industrial boat repairs and -- or sales or other things, so -- Commissioner Sarnoff.: I mean, when you did this 'cause -- I mean, I happen to represent Cigarette Racing, which is probably one of the biggest developers of boats in South Florida. What's your intent here? Elizabeth Plater-Zyberk: You know, I think what you're really saying is that this -- the property referring to should be rezoned to marine -related industrial because this distinction is in the Code on purpose because there are properties where the lighter marine -related uses are appropriate City of Miami Page 167 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 and then there are properties where larger work can occur, and it has a lot to do with the underlying zoning currently as well as the proximity to other uses, so the size is spoken to very specifically under commercial and under industrial for good reason, and maybe this property should be looked at for -- to be the marine -related industrial use, rather than changing the definition of commercial, which would discombobulate all the rest of the marine -related commercial sites. Commissioner Sarnoff. I'm not sure I -- I'm not sure you really appreciate -- and I mean that respectfully -- what it is that made Miami what it is, and -- I mean, to say an eight foot boat today in Miami is considered, in your definition, industrial. I mean, an eight foot boat, I bet nobody in this particular place even owns an eight foot boat because it's archaic. I bet the smallest beam width anybody here driving is 14 feet. That's the smallest. I will bet you most people own a 20-foot beam width. I would bet you that -- I don't think a Cigarette has less than a 28-foot beam width. Ms. Plater-Zyberk: You know, I think that the difference was being -- is presented in the Code in terms of the intensity of the work that's being carried out, if you look at the two definitions. And if you look at where those two different uses are currently allowed or could be allowed, then you would find that the commercial version is allowed in T5 and T6, and the industrial is allowed in the industrial uses, in the D uses -- Commissioner Sarnofff. Well, I -- Ms. Plater-Zyberk: -- so -- Commissioner Sarnofff. You -- Ms. Plater-Zyberk: -- that's -- Commissioner Sarnofff. -- think what you're -- you were trying to prevent -- you're trying to prevent heavy toxic use of -- Ms. Plater-Zyberk: Exactly. Commissioner Sarnofff. -- taking down a vessel's hull, doing heavy engine work around a T5, T6 residential community. I understand that. Butt mean, he has a use right now which essentially is going to be nonconforming -- Donna Milo: Madam Chair, may I? Commissioner Sarnofff. -- on the water. Ms. Milo: Commission -- thank you. Vice Chair Spence -Jones: Do you want to be respond to --? Ms. Milo: I would like -- Donna Milo, 1074 Northeast Little River Drive for the record. Since I was mentioned -- I do have a vessel. I think we're getting something confused. I've been to this location, to Marine Max. Indeed, I purchased my vessel and have it serviced there, and there's a huge distinction between servicing -- Commissioner Sarnoff.. Right. Ms. Milo: -- a vessel, selling a vessel, and storing a vessel than industrial work. And having been to their facility many times, this is like a car dealership, but for boats. They don't take City of Miami Page 168 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 apart boats and dismantle them and do major industrial work, so this facility certainly every boat that comes out of that facility -- even little short boats have a wider beam than eight feet, and it would be a problem if the language couldn't be changed to exclude that eight feet. It would present a big problem for us to get service anywhere in the City really. So I would say that rather than tieing to change its designation to -- the residents -- I won't go for them doing industrial work in my neighborhood on boats, so I would rather them be able to keep it as what they do but allow the beam width to be excluded from what they do, if that helps clarify it. Commissioner Sarnoff. I think she's actually right. I think what they're trying to say is it's not so much the size of the boat that really concerns you; it's what they do to the boat -- Ms. Milo: That's right. Commissioner Sarnoff. -- the type of corrosive material they use to take down the paint, to add the paint. That's what you don't want around a residential community. And just to take -- and I got to tell you, the industry itself will take care of itself. Once a boat gets to a certain size, they won't be able to deal with it. Ms. Gelabert-Sanchez: If you direct us to do that, we'll take care -- we'll do that. Commissioner Sarnoff No. I want to make sure that you feel comfortable with it. Ms. Gelabert-Sanchez: We'll -- I think the intention, as Liz mentioned, it was the intensity of the use. And like I said -- Ms. Plater-Zyberk: Right. Ms. Gelabert-Sanchez: -- we did go out actually, went with the Zoning administrator to the property that Lynn Summers is referring to. And if I recall, there was a portion that is commercial; the other one was industrial, and the interest was in doing some other work. We even talked about how it could be done, but if the problem -- Commissioner Sarnoff I'm not sure the wisdom of giving them an industrial use there. Ms. Gelabert-Sanchez: Right. No, I understand. I'm just kind of explaining that that's how it evolved. Now, if -- it would take care of the problem, the eight feet, and then we have the issue of the intensity, which was really the purpose, we don't have any objection. Ms. Plater-Zyberk: Yeah. If we remove the objective, eight feet, then I think we can work out the other things because we've met extensively with the neighborhood in that area and they will not accept an industrial marine use in that neighborhood. Mr. Hernandez: Commissioner, if you -- if I may. We propose to strike the width and we're okay. Commissioner Regalado: Just out of curiosity. How long ago, Ana, did you went there to their property? Ms. Summers: Year and a half ago, and we've been to a number of the neighborhood meetings. We've raised this -- we've corresponded with the City staff. I -- my personal belief is -- Commissioner Sarnoff. Wait a minute, wait a minute. We don't have quorum. Ms. Summers: I really do believe that we had a meeting of the minds with Ana and her staff. We just did not get the work translated into this language, and so long as we can eliminate the eight City of Miami Page 169 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 feet and modify the other language to make it clear that we're not talking about industrial marine uses, we're talking about the uses described in the first sentence of that definition. Ms. Gelabert-Sanchez: And we have no objection in striking the language. Commissioner Regalado: Yeah. No. The question is -- because -- you know, we have a professional staff and a brilliant consultant, and we have to do your work here? Ms. Gelabert-Sanchez: I do work here. Ms. Summers: Thank you. Vice Chair Spence -Jones: Schiller. Schiller Jerome: Hello everyone. Schiller Jerome, 24 Northeast 47th Street. I live in a neighborhood called Buena Vista East, which has been historic for the past -- more than ten years. When I moved in, I moved to my neighborhood knowing that it was a neighborhood that I was protected and was cherished by the City of Miami, which is why we were given the historic designation and now I'm being told that through Miami 21 that we have an issue of encroachment both on the east side and the west side. Currently right now, Miami 21 has a T4 L coming in three lots in on the east side of my neighborhood and a T4 L coming in one lot in on the west side. My concern is, you know, when I moved in, I invested my time, money, and effort into this neighborhood because I was told that it would remain as is, which is the reason we're historic, which is the reason why I was given so much pressures and so much hardship when I have to pull permits and so forth, but now I'm being told that by tomorrow morning, unless there's an addendum to the actual Miami 21, that someone's going to be able to come in and actually destroy my homes and my neighborhood and build a five -store building up to 53 feet, and I'm just concerned because, you know, what's the point of me being historic if someone could just come in and make changes overnight? And can anyone answer that for me, please? Thank you. Luis Revuelta: Luis Revuelta, with offices at 2950 Southwest 37th Avenue, Suite 110. I hope that Miami 21 gets approved today. I hope the changes and refinements that Ana outlined at the beginning of the presentation get approved. I think the addition of T6-48 is a great addition. I believe buildings that meet the (UNINTELLIGIBLE) FLR should not have to pay a fee to be taller and thinner. I believe that corner lots and properties adjacent to permanently open spaces should enjoy a slightly higher FLR in height as many of my colleagues do, like Dean Lewis. I hope the corridor on 8th Street, west of 1-95 gets a T6-36 classification because I think that's a major entrance to downtown Miami and I don't think T6-24 is appropriate. I hope the 45-foot is not endorsed today. I think that for any avenue with a right-of-way greater than 60 to 75 feet is a major mistake to have a 35 foot flanking mass (UNINTELLIGIBLE) in a contemporary city like Miami. And I hope that we will be able to work together on the refinements that will eventually take change, but I look forward in joining together the results of this great effort. Thank you. Horacio Stuart Aguirre: Madam Chair, good evening. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida. As an individual and as president of the Durham Park Neighborhood Association, a residential community on the banks of the Miami River, we are plaintiffs, as you know, on the three Miami River cases. We were not a party to the mediation this past Friday. We do believe, as a neighborhood association, that the future land -use map being proposed today should reflect the previous zoning and land -use changes prior to the actions of the City Commission until such time as a permanent resolution is decided by the courts. That has not yet been decided. And we believe that it is very premature at this time to jump the gun and anticipate rightly or wrongly what the courts may decide. We are very concerned that at a time when this city and this country is in a severe financial crisis, the City of Miami somehow found the resources to fly seven staff members to Tallahassee last Friday. We City of Miami Page 170 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 understand it was on a private jet. You people must be just rolling in money. We're amazed Well, that you flew seven folks is just outrageous. Mr. Hernandez: Turned out to be cheaper than commercial. Mr. Aguirre: Oh, really? Tell me with whom? Tell me -- anyhow, finally, I'd like to say that we do believe that since Commissioner Sanchez has missed 95 percent of the testimony today, he should abstain from the vote. Thank you, ma'am. Vice Chair Spence -Jones: Actually, he hasn't missed 95 percent of the vote [sic]. He's been back in his office -- as you know, he's under the weather -- watching the actual meeting and vice versa. I want to just make sure -- I'm sure Commissioner Gonzalez is doing the same and I was as well. So I just wanted to make sure everybody on this plan [sic] should be voting. This is a City thing, so every single person up here has to take responsibility for these changes that we're going to make, so they should vote as well. Hadley. Hadley Williams: Madam Chair, Janice Tarbert has ceded me her two minutes because I ceded mine before. Hadley Williams, 2441 Trapp Avenue. I'm on the board of the Coconut Grove Park Homeowners Association and Miami Neighborhoods United, as you're all familiar. You've all seen all the amendments proposed by Miami Neighborhoods United, so there's no need to repeat those in general. But today, I think what we have seen once again is that for all the effort that has gone into preparing Miami 21 to date, there are still many issues which can be improved, so I think the requested amendments by Barbara Bisno to ensure that a broader method of appeal, de novo, et cetera, is a major part of being able to adjust this new ordinance. We have to have citizen participation. And as I have pointed out before, if all the rules are working, then there will be no citizen input necessary. If they are not working, there will be citizen input that's very necessary to adjust the whole Code. Thank you. Grace Solares: Madam Chair. Grace Solares, Miami Neighborhoods United and the Miami Roads Association. I am going to be speaking on behalf of the Roads Association since the presentation on behalf of MNU has been made, and the documents have been filed with all of you that we filed on behalf of MNU. The Roads Association, through Miami Neighborhoods United, every time we appeared before the PAB we requested that between -- 3rd Avenue, which is also sometimes called Coral Way, between 15th Road and 12th Avenue be designated T4. You saw the monster building that Elvis showed here. Well, the designation that they have for that particular section will allow that same building to go there, so we requested T4. When the PAB was voting and was in favor of granting the T4 for that section, Nancy Stroud from the City, City Attorney, said "wait a second Don't do that. We're going to be sued under Bert Harris." We now know, through Commissioner Sarnoff, that is a fallacy. That is just a scare tactic. At that point in time, the PAB changed to T5. The Roads Association request please that you designate that area between 15th Road and 12th Avenue T4 or if not, that you accept the recommendation of the Planning Advisory Board designating for that area T5. I just have to remind you about the words of your wise Chairman at the last meeting on -- that Miami 21 came before you, that he said "we're elected to represent everyone in the City," so I'm asking you, Commissioner, you're representing me today and my neighborhood and so are you and you, Commissioners. Please grant T4 for the section of the Roads between 15th Road and 12th Avenue; T4 and not allow T6, which will be the same monster. And in closing, I will tell you that Miami Neighborhoods United about a year ago, I think, probably a little bit more or maybe a little bit less voted the representatives of the homeowners associations to support the 35-feet limit on the MiMo. Thank you so much. Vice Chair Spence -Jones: Thank you, Grace. Judy. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace, Silver Bluff. Good evening, Commissioners, ladies and gentlemen. I wish to speak about two things, but to introduce myself City of Miami Page 171 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 I disagree with Arva Moore Parks. I have been an art/historian in preservation in over a dozen countries working for governments, universities, museums, and while I am not as well known in this community, I do some -- have something that she has in lesser degree, and that is a perspective on some of these things and how they're done elsewhere. The form -based code of DPZ (Duany Plater Zyberk) used on an entire city has never been done anywhere because it's not an appropriate way to redesign or rezone an entire city. There are many other ways of doing this sort of work in cities practiced by many distinguished urban planners and architects all around the world. What they usually do when they go to a city is consider the parts of a city that are different differently. Now, that has not happened here, and it is why there are so many disagreements from so many quarters about things that have not yet been solved Urban design is simply not a blanket thing that you can put anywhere. Now, my cousin, architect David Graham Hancock in Montgomery, told me to keep fighting on this. Montgomery, Alabama accepted part of a DPZ plan over a decade ago. They were fighting about it then. They're still fighting now. And it has even caused a lot of racial tension. Now, I wish to speak about Southwest 27th Avenue and Coral Way, which surrounds Silver Bluff. We were told by two ladies that, unlike me, are not under oath speaking today, Ana Gelabert and Elizabeth Plater-Zyberk, that we could have the zoning that we wanted in our neighborhood Now, who's lying? We were told this to our face; I at least a dozen times over the three years. Now, up comes Ana Gelabert today explaining to our Commissioner who knows how we have fought against high buildings on those streets. The first petition that I presented in this chamber was when Art Teele was on the Commission and head of it. It was signed by hundreds of neighbors in Golden Pines and Silver Bluff on either side of 27th Avenue. You saw the drawings that Elvis presented. There are already houses that have been foreclosed behind the commercial corridor that nothing can be done with because of the threat of Miami 21 and these 123-foot buildings. Chair Sanchez: Judy, in closing. Ms. Sandoval: We would like to ask for T5 instead of T6-8 on -- Chair Sanchez: Okay. Ms. Sandoval: -- Coral Way and on 27th Avenue. Chair Sanchez: Thank you. Ms. Sandoval: I have one more thing to say about the parks. We have a master parks plan that has been passer, and parks are parks. They are not civic spaces. We should respect the master park plan for Virginia Key and the rest of the city. Thank you. Chair Sanchez: Thank you. Next speaker. Ms. Milo: Donna Milo -- Chair Sanchez: How many more speakers do we have? Ms. Milo: -- 1074 Northeast Little River Drive. Chair Sanchez: How many more speakers do we have? All right, and then we're going to close it up. Okay, let's go. Ms. Milo: Mr. Chair -- thank you for being here. I know you're under the weather and a speedy recovery we wish you. I just like to say that -- again, I don't want to repeat too much of what's been said. Miami 21 is historic. It's something very special. I think we all agree it's something that should be done for our city. It's something that you guys are going to make history today, I believe. But also I wanted to mention a lot has been said today about the 35-foot restriction, and City of Miami Page 172 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff, I think 1 have to really address this to you. This is your district and I think the other Commissioners probably wouldn't want to butt into your district too much even if they have reservations, and you've asked -- I get a sense that you've asked the people here today what would you go for, and I've given this a lot of thought. I've analyzed this a lot. You know I'm a resident of the Upper Eastside and you know that I'm a builder, and as a builder, you probably would think that I'd be pushing for unlimited or 120 feet or 85 feet. I really think that the economic climate, the economic conditions, the cycles that we go through show us that certain areas won't support unmitigated density, but really 35 feet limits an area that really needs more diversity than just a height. Thirty-five feet is something that would limit -- you couldn't sustain. You'd have a little mini canyon of Balans and that would not be sustainable development for that area of the Boulevard We need to be able to have the flexibility and diversity to build buildings that we could get ground floor occupancies, maybe parking at the second level, three or four additional stories. In other words, what I'm saying is 53 to 70 feet and -- depends on the size of the lot, depending upon -- but I think that that would be something that would allow us to do transitions into the neighborhood that would be safe without hurting the neighborhood but also not really putting a nail in the coffin of the sustainability of the corridor. I really think we need to address that and not just use an arbitrary number. And ifI could add -- if you can indulge me just another minute. I've done research. We have to take out the land cost. Let's not talk about land cost because land cost is market driven. If we look at what it cost to start a business in Miami, if you want to start from scratch and you have to pay an architect, a mechanical engineer, a plumbing engineer, an electrical engineer; you have to go to DERM (Department of Environmental Resource Management); you have to go to WASA (Water and Sewer Administration) and pay an impact fee, a City impact fee, a County impact fee, permit fee, inspection fees, bonding fee, insurance fee. Our fees -- you can't sell a bagel for more money in Miami than you can in Charleston or Charlotte or other communities that have sustainable three-story because it cost us more money to start a business and do business here, so in order for us to do that, we can't just say, well, it's worked somewhere else. Miami Beach. People brought up Miami Beach. Miami Beach has a much higher density right near Lincoln Road. They have more apartments, they have walkability from other places. We don't have the density in the Upper Eastside to support the businesses that we need, so we need to create that density on the corridor and in the transitions into the neighborhoods, which Miami 21's going to allow us. So please, I don't think they're going to jump into your district, but please think it through. And thank you tonight for supporting Miami 21, and God bless you all. Chair Sanchez: Thank you. Next speaker. Nitin Motwani: Hi. Nitin Motwani, Miami World Center Group. Miami is a great city. We all love it here, and all of you on the Commission are kind enough to devote so much time to being here, and I think this is one of those opportunities where we can really differentiate our city from many others. We've grown up a lot. I think this process of Miami 21, with the hundreds of public meetings, with the transparency, with the open dialogue, whether you're for it or against it, has shown how far our city has come along and how many people truly care about the future of our city. And Miami 21 is the platform we can build an even greater city from. We need to take what we have and improve upon it. And the fact that it hasn't been done in other cities yet, I think it's great because we're setting the precedent, and I think the number of cities, number of architects are studying what we're doing here, what you're doing here tonight and using that as a way to improve other cities that are older and some may consider more mature than Miami, so that's great. We're a great city. We should not forget that and we need to raise the bar, and Miami 21 is exactly what we need to do that. Thank you very much. Chair Sanchez: Thank you. Next speaker. Mr. Lewis: Dean Lewis, architect and devout urbanist. I wanted to just speak on Miami 21. I spoke previously on the 35-foot cap, so I won't address that again. But a real critical improvement to Miami 21 is that the essential scale or relationship of the equivalent number of City of Miami Page 173 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 properties located either on the corner, the same square footage, say 50,000 square foot lot on the corner, 50,000 square foot of property on an infill lot, and 50,000 square feet of property on the water. Those three properties should not be given the same capacity FLR factor. They have three very different adjacent conditions, abutting conditions are different. The corner property should be able to build a little bit more, not as much as 11000 obviously, but more than the infill lot. The infill lot should be limited to a little bit less and the waterfront properties, obviously, a little bit more, and that is still devoid of Miami 21 's overly homogenized FLR application. And I urge the team, the staff and the experts to integrate and address that correctly and further improve the severe adjacency issues that we have remaining between zones. Thank you. Chair Sanchez: All right, thank you. Next speaker. Adrienne Pardo: Hi. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm here on behalf of a client of mine who I've been observing and listening to the comments and just like two minutes ago, somebody stood up here and said Coral Way and 32nd, you should change it from a T6 to a T5, and I just want to put on the record that I think -- I don't know if you'd consider doing that or not, but I didn't want to wait to you taking vote and then somebody saying, okay, Coral Way and 32nd, let's reduce it because I just think that would be a horrible travesty for all the people who aren't here and who have looked at the map and are expecting if you're going to approve this today, that it would be T6-8 and not at the last minute there be some change, and I think you heard everybody who has stood up on the Biscayne Boulevard corridor that is very concerned with their properties being limited at a 35-foot height and it would just be really unfair to everyone if that happened I don't know if you plan on doing that, but I just want to put it on the record that that -- it just would not be right. Wouldn't be right to everybody who's here. Commissioner Regalado: But it was mentioned here was Coral Way on the Roads section from 15th Road to 12th Avenue. Also Judy mention what the residents want, which is Coral Way from 17 to 27 Avenue, and 27th Avenue from US 1 to Coral Way. That's the request of Silver Bluff and Golden Palms [sic] and Shenandoah altogether. Ms. Pardo: So then, are you saying -- Commissioner Regalado: Because Coral Way and -- from 32nd to 37th is already upzone, it's alread; built up. Ms. Pardo: It's already being what? Commissioner Regalado: Build up. It's old buildings. Ms. Pardo: Well, not necessarily. Commissioner Regalado: Except for the discussion that we had with Liz on the first reading that they were recommending for Coral Way some height, even on a one floor structure, like a gas station, it would have to be 25 feet high, and what does a gas station need that for? So what I'm saying to you is what the residents have requested. Ms. Pardo: Maybe the residents who don't own property on Coral Way, you know, who are further -- who are in the neighborhood, who are further back, but they are -- they have protections in the sense that if the property is T6 and it backs up to a T3, they're limited where you can't get bonuses. Commissioner Regalado: But what I'm saying is that from 32nd to the end of the city limits, it's already build up in terms of condo buildings and condo buildings that were built, they say, by right and we have the shopping center, we have rezone restaurants there -- City of Miami Page 174 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Pardo: Right. Commissioner Regalado: -- on -- from 27th to 17th, there's not that many tall buildings. There is no building taller than eight floors. There's only two, except for one that is being built now. So the residents argue that to allow a taller building in that area will impact the community. Ms. Pardo: So you're not looking at -- you wouldn't be looking at changing Coral Way and 32nd? What's in the Miami -- showing in Miami 21 right now? Commissioner Regalado: I don't even know what is in Miami 21; they keep changing it. Ms. Pardo: I agree. I just wanted to put it on the record Commissioner Regalado: But what I -- what I'm telling you is that specifically, the residents are requesting a down size on Coral Way from 12th to -- Ms. Pardo: Seventeenth (INAUDIBLE). Commissioner Regalado: -- 27th. Ms. Pardo: Twenty-seventh, okay. All right, thank you. Chair Sanchez: Thank you. Next speaker. Ms. Plater-Zyberk: Good evening, Commissioners. Liz Plater-Zyberk from your consultant team. I just wanted to make a few closing comments. I'm hoping I'm the last speaker. And thank you for this opportunity to address you. I just wanted to point out a few things. One is that the primary differences that you've heard here tonight and in all the prior hearings have generally represented those -- the people would want less and the people who want more, and that's an impossible divide. Your consultant and the City staff have tried to navigate this fjord with the greatest professionalism and we've given your our best shot with our opinions and the Code and the maps, which are in front of you. I need to point out a few things that were said this evening incorrectly. One is the size of the book and the complexity of the book. I hope you understand that the greater part of it -- that second part that was mentioned as being added is in fact all of the history of the City that has to come forward with the new document. That's the appendixes, the neighborhood conservation districts, the permits that have already been given to places like Brickell Key and Midtown, so that is not changes to Miami 21, and that's bringing the history along. I think it was ingenuous, if not unethical to not explain that to you earlier. The -- with regard to the comments about form -based codes, yes, if you call somebody in New York City and asked them whether they have a form -based code -- that is a new term -- they will tell you -- probably, even they don't know what it is, but I have been sitting with people in the New York City Planning Department and I would say that if you were to examine their Code, you would find that it is even more strictly form -based in the restrictions it has with many different categories. The MNU drawing that shows the potential height of a building on a commercial corridor that's eight stories shows that next to a single -store house. That drawing likewise doesn't show you the potential height of that house, which would be two stories, which is what our proposal is for the back of those buildings, so while we understand this is the -- in probably the single most point of difference and dissension in everything that you've heard in these days, I would like to point out that a great change has been made and saying that the same buildings will come back again that have already been built is not true because there have been adjustments made to the Code. Speaking next then to the process. You know it's been long and you know it's been inclusive. Some people have brought issues up at the last moment, but I would tell you that all of the issues that have been raised came up during the course of the process and were thoroughly discussed In the cases of differences of opinions, you asked us City of Miami Page 175 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 how to accommodate those in our meetings with you and in these hearings, and we have presented to you our best professional opinion. We assumed that you know your constituents in your area, and we have tried to follow your directives and -- as everyone will following tonight. We have tried to be sympathetic, your consultant team and the staff of the City, to all the participants and stakeholders. We understand that this is a complex document and that we could not satisfy everyone or allay all fears. The process has however also generated the opportunity to reconsider many of the nonformed-based components of your Codes, which have been with us a long time, and I refer to things like nonconformities, the great improvement with regard to historic preservation and so on. Finally, my firm and the other consultants who have worked on the various parts ofMiami 21 have worked with cities throughout the country, and I think 1 can speak for all of us when I say that we find your staff the Planning Department, and the others in the City who have worked with us, that they measure up to the best and that they should be recognized for that in this process. Throughout, they have been extremely professional. They've spent long hours working with us, long hours working with the public, evenings, Saturdays, and so on, not to speak of these hearings. We're all managing, I should remind you, the everyday workload of the boom time project load in recent years. Their good intentions, excellent performance and professional operation should be admired by everyone who has participated in the Miami 21 process. Thank you for your participation. We've put you through a lot, and as the City's consultant and in behalf of our whole team, I'd like to say we're grateful for your time and your attention and I am confident that whatever the result will be after this long process and everyone's participation, that it will be as good as it can be. Thank you. Vice Chair Spence -Jones: Thank you, Liz. Mr. Mayor. Mayor Diaz: Just real quickly also. I -- it's been a long process. I want to particularly thank Liz, and I don't know if Andres is still here -- and her entire team because how lucky are we that right here, smack in the middle of Little Havana, we have one of the best recognized urban designers in the entire world, and sometimes those of us who live in Miami tend to see life through blinders, and we don't recognize the way rest of the people see us and I will tell you that this firm, these principals are recognized as some of the best in the world and here we are in this process -- and she has put in an inordinate amount of time, way beyond what she and the whole team, I think, originally intended. I also want to thank our Planning Department, Ana, and Luciana, and all of them. I mean, because they have also been exceptional. I think Neisen mentioned earlier the many hundreds of public meetings, but the many probably maybe even thousands of meetings that staff took with every resident who had any issue, any question about any part of this Code. This has been an incredible process with millions of hits on our Web pages, an incredible process that allowed people, I am sure -- you know what? If we had gone through this process when we -- when the City adopted 11000, we may not have needed to be here and gone through this process now because I am sure, and I am told anecdotally that that process was a process that was driven by developers, hence the result that we've gotten up to now. I will tell you that Denver right now is very close to adopting a form -base code for the entire city in Denver. I will also tell you proudly that that came when Mayor Hickenlooper brought a team of -- from Denver here in 2004/2005 to visit Miami, study and learn from us, and heard about Miami 21 and took it back to Denver, and they're within a few months of adopting their own Code. To think that we started this process with probably my favorite Mayor when it comes to urban design, Joe Reilly, here kicking off our original event. The comments that we're hearing from our secretary of Community Affairs to the president, the vice president, the HUD (Department of Housing and Urban Development) secretary, everybody today, as I think Neisen was also the one that mentioned it, is talking about redesigning cities in terms of the whole issue of sustainability in America and sustainability in the world. The surest and quickest way to deal with issues of sustainability and dealing with our environment is to design cities that work and that's what this process has been all about. And I just want to tell you, as all of you know, this may very well be the last time that I address you from this location as Mayor. I may come back as a constituent and complain about things later on, but as Mayor, this may be the last -- probably the last time I'll be here in front of you, and I want to tell you how proud I am to have City ofMiami Page 176 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 worked with you during these eight years. I want to tell you how proud I am to have worked with all of you on Miami 21, the time that you have invested to make this what it has become today with the participation of all the people of Miami. It -- the people that are sitting here and the people that have been to all of these meetings throughout the last four years are the authors of what is in front of you today. It isn't even about Liz, or me or Ana or anybody else any more. It's about all of these people who collectively came together to draft what you're going to vote on today, which I sincerely hope you approve and I will tell you that history will judge us right, and history will look back on this Commission, on this -- these people of Miami, some day in the future and they will refer to us in the same way that they referred today to what Burnham did a hundred years ago in Chicago, and what others did in New York and Paris and other great cities. That's what Miami's going to become and we could start that process today. Thank you. Vice Chair Spence -Jones: Thank you, Mr. Mayor. Applause. Vice Chair Spence -Jones: I think we did have one more public comment. Is -- Juan Carlos Garrido: I guess I'm the last person. Vice Chair Spence -Jones: -- Madam City Clerk, that was the last one? Okay. You're recognized. Mr. Garrido: Hello. My name is Juan Carlos Garrido, J. C. Garrido, 2324 Southwest 26th Street, Miami, Florida, with ZIP (Zone Improvement Plan) Code 33133. I was here earlier today. In any event, congratulations to Mayor Diaz for everything he has done in the last eight years. But in any event, Miami 21, I think, in my opinion, you should let it stop, stop. Give it another four or five months. I think it's a good project. I think it's -- you know, what's happening is that you want to put something down the Tri-rail. You got to make this stop. Do not approve Miami 21 today. It will get approved and Mayor Diaz will get a legacy, definitely, but you got to stop that. Ms. Plater-Zyberk, you were a professor of mine at UM, University of Miami, and she's a great professor, great architect, and planner, but you got to stop this. Do not approve it today. That is basically my call, let it still until whoever comes out as Mayor, either Commissioner Sanchez or Commissioner Regalado. Let it still. Do not rush. We're in problems right now. And Commissioner Sarnoff has said many good things, and this guy is in the right track, and I'm sure you're going to bring the track from Orlando to Miami. I know that for a fact. It's going to happen. It's going to happen. Thanks to many people who are really -- are very -- Vice Chair Spence -Jones: In closing. Mr. Garrido: -- oh. Okay. I'll close. Vice Chair Spence -Jones: Thank you. Mr. Garrido: It's okay. Thank you very much and I'll say here. Bye. Vice Chair Spence -Jones: All right. Miami 21 is officially -- hearing is officially closed. It comes back to the dais. I guess I am chairing this meeting at this point, but I don't know if there's any comments from any of our fellow colleagues. I just want to make sure that the additions were included Ana, you want to come back up? Do we have a motion and a second on the item? Commissioner Gonzalez: I'll make a -- City of Miami Page 177 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Chair Sanchez: Second Commissioner Gonzalez: -- motion. Chair Sanchez: And I'll second it. Commissioner Gonzalez: Sorry. I'll make a motion to approve Miami 21. Vice Chair Spence -Jones: Okay, we have a second Chair Sanchez: With staffs recommendation. Commissioner Gonzalez: With staffs recommendation -- Chair Sanchez: Second Commissioner Gonzalez: -- correct. Vice Chair Spence -Jones: We have a second, and we have -- for discussion, correct? Okay, discussion. Regalado. Commissioner Regalado: Thank you. Thank you, Madam Chair. Vice Chair Spence -Jones: Your mike. Commissioner Regalado: Oh. Anyway, it's also my last Commission meeting and -- as a sitting Commissioner, and I never miss a Commission meeting in these 13 years, and I know how difficult it is to hear the Planning and Zoning matters for the City Commission because you can never please everyone. It's a 50/50. And I understand that it's very boring and the Commissioners get tired, but it's all about the public process. That's why I am really concerned that the public process has been reduced. They say it has been enhanced, but it's not. It's been reduced. The best way to fix it is to give the Planning Board and the Zoning Board more power than what they have already, but not reduce the possibility of the residents to come before the people that they put in office and they also are able to get out of office. I think it is very convenient for the future elected officials not to have the pressure of the public and the voters, and just let residents board take the heat. So I'm very, very trouble that we're being part of reducing the public input where now in the United States, the people are engaging more and more everyday in the business of government. The other thing is I was listening to the brilliant argument of Neisen and he said that there have been a thorough review of every neighborhood, and there were specific recommendations. And you're right, technically, because every Commissioner took that neighborhood apart and change it for what they believe that needed to be, change it from T5 to T6 or this, and Liz admitted that she work with the elected official that know the district, so it wasn't about professional planning for each neighborhood. It was about the needs of the different residents and the different communities or the different interests. Who knows? It is -- and all that -- I think it's important that it's said because the whole thing here has been mostly about specific properties and specific problems, but the public process has not been addressed as it should, and it's all about the public, zoning and planning, it's all about the public. It's all about -- remember, you know, we have in the 2010 election, if the courts do not take it off the ballot, the home town democracy. There is a lot of people that gather signatures throughout the state of Florida to get that on the ballot, and that is a chilling message to every government entity that wants to do away with the public process, so I hope that we all understand that. So I have these problems, but the problem that 1 have most is the little details. The property in 37, the other property in the River, the eight feet, and the little boat, and the big boat, I mean, we have a very well trained and paid professional staff, like the Mayor said, work night and day, and we're here and we have so many lose ends that it's scary, and I know that you will say, well, let's pass it and we'll just deal with that. But it's wrong. It's wrong to come up City of Miami Page 178 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 with a product -- it's like making a doll without one hand you know. It's okay. What we need to do is make the doll because some child will play with it regardless she doesn't have a hand, but it's wrong, and I think that the people deserve better, so those are my concerns. I hope that my colleagues will start offering amendments because I just notice that the motion was as recommended by staff so none of the things that were discussed here will be included even the little boat. Thank you, Ms. -- Madam Chair. Vice Chair Spence -Jones: Yes, Commissioner Regalado. I'm just going to go on down. Commissioner Sarnoff, do you have anything you want to add, sir? Commissioner Sarnoff Well, I guess as lawyer, I thought Barbara Bisno's recommendations dated today are well taken, and the one thing I've learned in this process is people want more hearings and not less hearings. I wouldn't have thought that when I started out, butt think what they don't want -- they want to have de novo hearings. They do not want to exhaust their administrative remedies, so I think Barbara Bisno's recommendations are well placed. I had an issue with Ana, which I'm going to ask her to take up, which is converting the T5 to a T3 on Northeast 61 st and 62nd Avenue [sic]. I don't think you have a problem with that. Ms. Gelabert-Sanchez: No. No, I do not. Commissioner Sarnoff I think we should accept the staff recommendations for the DDA. I think that should be included as well. The last thing 1 think we should do -- there's a provision in the code called 7.1.4.1. It says failure to observe the procedures set out herein shall not provide a separate cause of action to challenge the decision of the decision -making board So what you've done is you've given due process and then said, well, if we don't follow that due process, you can't have your due process. To me, that's what it says, and I'm a lawyer, and anybody could argue however they want. I think 7.1.4.1 needs to have the last sentence stricken, and again, failure to observe the procedures set out herein shall not provide a separate cause of action to challenge the decision of the decision -making board. Apparently, the people in Miami, the City of Miami, the residents want process, and they want to have their due process rights, both procedural and substantive, so I can vote for this if we make the -- if we accept Barbara Bisno's changes. I can vote for this if we make this small amendment on Northeast 61st and 62nd Avenue. I think we should accept the staff recommendations for the DDA or should I say the DDA recommendations? I think we should accept the changes by the Planning Department as presented today, and I hope the maker of the motion would accept those minor changes. Vice Chair Spence -Jones: Maker of the motion, do you accept those changes? Commissioner Gonzalez: Yes. Chair Sanchez: Okay, second does too. Ms. Chiaro: We need to know what those changes are, especially as relate to Ms. Bisno's changes because some of that language was unclear to us. Chair Sanchez: Could I get a copy of the -- Barbara Bisno's --? Ms. Chiaro: Commissioner, if I may. One of these changes provides notice of any oral opinion issued by the zoning director. That basically is the entire function of the zoning director. Commissioner Sarnoff. Well, let me -- Ms. Chiaro: It's orally or in writing is the way this amendment is offered. Commissioner Sarnoff. -- boil it down to that there should be no exhaustion of administrative City of Miami Page 179 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 remedies. There should be no -- there should be de novo hearings, and I think she had one other issue, which I handed you my sheet. Chair Sanchez: See -- have you had an opportunity to review those recommendations? Ms. Gelabert-Sanchez: We did review them, and then we made the recommendations that we presented at the beginning is the ones that we had agreed. With the de novo, we did not have an objection. We thought it was more of an policy decision. With the word the Commissioner Sarnoff said about striking the procedures, I think I would prefer to -- Maria, if there's an issue with that, but I think the concern came with the zoning interpretation that that is what the Zoning administrator does everyday, so it would be a concern on that one. We did not agree and we had a concern. Chair Sanchez: Well -- Lourdes Slazyk (Zoning Administrator): You want me --? Vice Chair Spence -Jones: You're recognized. You have -- Ms. Slazyk: Do you want me to --? Vice Chair Spence -Jones: -- something you want to -- Commissioner Gonzalez: Thank you. Yes. Vice Chair Spence -Jones: You want to go 'head while they figure that out? Commissioner Gonzalez: While they're figuring that out -- Vice Chair Spence -Jones: Okay. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: -- I believe that Commissioner Sarnoff is requesting an additional extension on the DRI (Development Regional Impact) in his district. I would like to propose that that extension be applied to the entire City. Ms. Gelabert-Sanchez: So then we would extend the -- one additional MUSP extension citywide. Commissioner Gonzalez: Citywide. Ms. Gelabert-Sanchez: A total of six years for everyone. Will do. Chair Sanchez: Okay, I was -- I'm glad you brought that up 'cause I was going to bring that up also. No, no, no, no, it's not six. It's eight. Commissioner Sarnoff. Right, total eight. Ms. Gelabert-Sanchez: Clarify it -- Chair Sanchez: Total of eight. Ms. Gelabert-Sanchez: -- just how it read before, it was one more extension to a total of six years, and we're talking only about the extension. The MUSP itself has a life of two years -- Chair Sanchez: All right. City of Miami Page 180 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: -- and then the extension is the ones that we're referring to. Chair Sanchez: Lourdes, since we're clearing up some of the concerns, it is my understanding that we previously agreed on the 600 Northwest South River Drive where the changing is from a T6 L to a T6-8. That was discussed and we asked you long time to make that recommend -- that -- those changes, modifications. Those were never made. Ms. Gelabert-Sanchez: If we -- yeah. No, no. I believe you're talking about one that was a T5 L Chair Sanchez: By the river, yes. Ms. Gelabert-Sanchez: Yeah. We didn't have it on the motions that you passed, but if that's the direction you give us, we would not have an objection. Chair Sanchez: 'Cause we looked at the map -- Ms. Gelabert-Sanchez: The one on the river, we have it as T5 -- Chair Sanchez: -- we compared everything compared to what you had done and what the staff had recommender, and that was not on the final map that we suggested, so along the way we did suggest it. I don't know whether it was through a motion or not -- Ms. Gelabert-Sanchez: Okay. Chair Sanchez: -- but if it takes being put in a motion as an amendment to the motion that has been proffered, I'm prepared to do that. It's just a minor change. You've agreed on it already. It's the 600 Northwest South River Drive, and it was a change zoning from a T5 L to a T6-8. Ms. Gelabert-Sanchez: We'll make the change. Chair Sanchez: Okay. All right. Since we're cleaning up on some of the -- all right. Vice Chair Spence -Jones: Commissioner Gonzalez, did you have something else to add? That was all you wanted to add on the Miami 21 stuff? Commissioner Gonzalez: Yes. Vice Chair Spence -Jones: Commissioner -- Chair Sanchez: Well, let's address those amendments -- Ms. Slazyk: Okay, yeah. For the record -- Chair Sanchez: -- because I have some concern with that if it's not cleared up. Ms. Slazyk: -- all right, real quick. I just spoke with Barbara Bisno about this, the requesting orally or in writing zoning interpretations and doing notice for this. The way it is written, it really can't be done. Commissioner Sarnoff.. And I am not adopting that. Let me tell you what 1 am doing. I'm accepting her provision that you do not have to exhaust your administrative remedies, that you have a de novo review, which we have now, and I'm also putting in -- this is not part of her -- 7.1.4.1 that we obliterate the last sentence that says failure to observe the procedures set out herein shall not provide a separate cause of action to challenge a decision of the City of Miami Page 181 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 decision -making body. That's -- those are my three amendments. Ms. Chiaro: Okay. I'm clear on what those three amendments to the motion are. The administrative remedies language, just so that you know, that's what we have in our present Code. We do not have any language in our present code that requires failure of exhaustion of administrative remedies; therefore, we can take out that provision that's in Miami 21, so -- and the other two I'm clear on. We had no objection to -- or the staff had no objection to de novo review and removing -- that's the second one. And the third one, removing that sentence in its entirety is -- that's fine. I'm clear on what you have proposed as an amendment to the motion to approve. Ms. Slazyk: Okay. And with respect to this, I'd be glad to work with her on something for the future to get -- Commissioner Sarnoff. Right. I'm not suggesting it right now. Ms. Slazyk: -- what I think she wants, but not this one. Okay. Thank you. Commissioner Sarnoff Right. Chair Sanchez: Okay. I just want to be clear on what I'm voting on here, okay, 'cause the amendments proffered from Barbara Bisno that I accept -- well, they proffered some that I were [sic] aware, but then I got handed this, which -- you know, I want to make sure that the Administration is fully aware of what we approved It's not all this. Ms. Slazyk: Right. No. Chair Sanchez: It's what you stated on the record the Commissioner proffered Ms. Slazyk: That he just said, right. Commissioner Sarnoff Right. Chair Sanchez: Okay. All right. Okay. Madam, can I be recognized? Vice Chair Spence -Jones: Are you finished? Are you --? I don't think -- Commissioner Sarnoff Yes, I'm done. Vice Chair Spence -Jones: You've done all of your -- no other recommendations? Commissioner Regalado: No. I'm asking -- Vice Chair Spence -Jones: You're recognized, Commissioner Regalado. Commissioner Regalado: Thank you. I'm just asking -- Vice Chair Spence -Jones: Oh, I'm sorry. He was just responding. Commissioner Regalado: -- you were the maker of the -- seconder? Commissioner Sarnoff. No. Right there and right there. Commissioner Regalado: Oh, I'm sorry. If you have an amendment and because District 2 share with District 4 27th Avenue. City of Miami Page 182 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. Okay. Just tell me what you want. Commissioner Regalado: From US 1 to Coral Way a T5 and 27th Avenue, except for those properties who already are being aware of rezone in the past. Commissioner Sarnoff. That's it? Commissioner Regalado: Yes. Commissioner Sarnoff. Will the maker accept -- you heard him, didn't you? Commissioner Gonzalez: I'll accept the amendments. Commissioner Sarnoff. And I'll accept them as my amendment. Commissioner Gonzalez: I'll accept the amendment. Commissioner Sarnoff. Okay. Chair Sanchez: Well, he -- okay. All right, so -- Mr. Hernandez: Commissioner, could you restate so the City Attorney --? Commissioner Sarnoff From US 1 to Coral Way a T5, except for those properties that are already zoned higher than that. Chair Sanchez: Can I be recognized? Vice Chair Spence -Jones: Yes, you're recognizes, Mr. Chairman. Chair Sanchez: Thank you, Vice Chair. This has been a long process, and I do want to take this opportunity to praise the Mayor for a vision for the City of Miami. I want to talk this opportunity to also to praise Liz and her staff for all the hard work in this long process. And I want to thank also the staff for the City of Miami who has worked very hard in scheduling all these meetings and getting public input to try to come up with a -- an agreement to a very complex but needy plan for the future of Miami. I think what we're doing here today folks is we are shaping the future of Miami. And I think I've stated it very clear in the past that 11000 was a system that was a Frankenstein based through the years of modifications and amendments to it that only benefited developers and land -use attorney. God bless them. Well, those days have come and those days have gone. And I could tell you this, Miami 21 is an innovative approach to a modern urban planning for the future of Miami. There is no doubt about it. There is no doubt about it. It has a clear vision. It's got regulations. It's got specific guidelines. And it protects neighborhoods and it makes this city a much better city by enriching the quality of life of all the residents. Let me just say that this is probably -- this is my last meeting here as your Chair and probably as a Commissioner, and I -- there is no other way to leave this Commission knowing that we have crafted legislation that my children and my grandchildren will one day be happy for this legislation because it creates a city that's going to be a world -class city, a city that focuses on the things that make a great city. When they talked about Chicago and they spoke about South Carolina, Charleston and they speak about Savannah, these are cities that, since day one, had a plan. They had a vision for that city. And they created a great city, the cities that are enjoyed by everyone. This city has that potential. And today I think we're talking the right steps to return to good planning, the basics of planning principles that are going to create us a marvelous city. And I am proud to say that I have worked very hard with all of you to create this plan, Miami 21. It's something that we will be proud. And as the Mayor said, Mayor, history City of Miami Page 183 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 will treat us kind. Many, many years will past and they will refer to this legislative bock for having a vision to making this city a great city. So having said that, once again, I do want to thank everyone, and I -- the words cannot express that I have for each and every one of you that worked with me these 11 years. The staff the elected officials, many of the staff are like my family and the many people that I've gotten to know here 11 years. I thank you for working with me. I'm very proud of all that I've been able to accomplish in this city. Although we may not agree on every vote, the beauty of democracy is we agree to disagree, but I could tell you this much. It's like Rock n Roll in the '50s. Your parents didn't love it, but your kids enjoyed it. And that's what we're doing here. We're creating history here in the City of Miami. And thank you so much for allowing me to play a small part in this great victory in our city. Thank you and God bless this city. Vice Chair Spence -Jones: Thank you, Mr. Chairman. I'd like to just proffer some quick things just to make sure mine are included I had -- have them all here. I do want to -- well, I'll do that last. Let me just get this part of it out first. I had probably about five different amendments and they have all been addressed, and I truly appreciate staff for making that happen, so let me start with the first one, which was the Little River Business District, and basically the staff recommendations have been included I think the biggest issue they were having was -- going from -- from us only allowing 9, I guess, units, and now we're going up to 18. Everything else we were in agreement with, right, Ana? We were in agreement with -- from the standpoint of the Little River Industrial District -- Business District. I think that one of the questions came up around dwellings and -- Ms. Gelabert-Sanchez: I think the difference was -- there were two requests. One to -- the -- instead of 9 units, to raise it to more, and we raised to 18 -- Vice Chair Spence -Jones: Right. Ms. Gelabert-Sanchez: -- units per acre. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: I believe the one that we did not agreed was the -- in D2, which is industrial -- Vice Chair Spence -Jones: But everything else -- Ms. Gelabert-Sanchez: -- and residential is another -- Vice Chair Spence -Jones: -- we were happy with -- Ms. Gelabert-Sanchez: We believe we -- Vice Chair Spence -Jones: -- we have an agreement on. Ms. Gelabert-Sanchez: -- accommo -- we made all the changes or clarified the language if it wasn't a change and it was -- I believe we accomplished it. Vice Chair Spence -Jones: Okay. All right. So I just wanted to make sure that that happen. Again, we're not going to always agree on everything, but I think that -- I think it was six things that they asked for and we gave them five. Again, my concern is always having housing happening within the overall district, but for the most part, I'm glad that they were able to come up with something that works for the whole entire community. The other thing I had was the East Coast Fisheries portion of land. Ana, I just want to make sure that was already changed. Remember the -- City of Miami Page 184 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: That, I -- Vice Chair Spence -Jones: -- Riverside and the -- Ms. Gelabert-Sanchez: On the presentation, I stated that on the upland it goes to T6-36. On the river, it stays at T6-8. Vice Chair Spence -Jones: Right. So just wanted to make sure that was done. That was a part of it. And then the other one was the -- which we did not talk about really today, but I want to make sure, which is the Overtown Culmer Center that really needs to be vetted out with the community so we were keeping it at C-I, which is G/I (Government/Institutional). Ms. Gelabert-Sanchez: That -- correct. Vice Chair Spence -Jones: Correct. And then the Overtown one, there was another one in Overtown. Again, I wanted to respect what the community from their countless number of meetings had regarding, you know, this issue. I know that it was requested to actually go higher than that. I just want to be clear, though -- and I think that was Lucia that might have made a comment on this issue. It was originally zoned already at a different height, correct? Ms. Gelabert-Sanchez: It was, and we had it higher then it came down on a -- Vice Chair Spence -Jones: Okay. But is it -- I thought that part of our conversation was about -- it had already been grandfathered in. Was it grandfathered in? Was not? You can put it on the record but I thought it was -- I thought since we vote and approve it. Ms. Dougherty: Yes. Madam Chair, along the FEC rail -- right-of-way, there is a section that was SD-16.1 everywhere in the City you have it as T6-60, as SD-16. In this particular location - - I think you have the map -- we would ask you to change it to T6-12 from which is a currently -- I think you have it a T6-8. Vice Chair Spence -Jones: Right. But I think you can also bump up to 12 as well, right? I was told that you could bump up to 12, is that correct? Ms. Gelabert-Sanchez: T8 -- if -- T8 can purchase bonuses up to 12. Vice Chair Spence -Jones: Okay. I would prefer to do that, Lucia, only because I do not want to bypass what the people in the community say they wanted to have, and I'm telling you, they have had several meetings on just that little space over there. Ms. Dougherty: Madam Chair, this is really a tremendous hardship on what they've done. Vice Chair Spence -Jones: But it's not like you're not able to bump up. You can bump up to 12. You can bump up to 12. Ms. Dougherty: But that's -- is that the same FLR? Vice Chair Spence -Jones: That's what they communicated to me, that you could -- Ms. Gelabert-Sanchez: No. What I clari -- what you said is -- T6-8 can go to 12, meaning 12 stories. I believe that's the question. Ms. Dougherty: Is it the same FLR? City of Miami Page 185 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Ms. Gelabert-Sanchez: It is the FLR -- what I believe, Lucia, you're asking what's the FLR for T6-12 and what's the FLR for T6-8. Five and eight. Ms. Dougherty: See, that's the difference. Ms. Gelabert-Sanchez: So there's a difference of FLR. So on height you can go up, but you have to pay into the public benefits. Vice Chair Spence -Jones: And I just -- I don't want to bypass the -- you know -- Ms. Dougherty: Madam Chairman [sic], this is on the FEC corridor. Vice Chair Spence -Jones: I know. Ms. Dougherty: This is the highest place that you should have an -- and immediately across the street is a T6-60 and a T6-24 immediately to the south. Vice Chair Spence -Jones: Right. And -- Ms. Dougherty: And the client purchased this property -- Vice Chair Spence -Jones: I understand, Lucia. Ms. Dougherty: -- knowing that it was a T6 -- knowing that it was an SD-16. Vice Chair Spence -Jones: I understand, Lucia. I understand. I guess the issue would be for me -- it is the Overtown Historic District that area itself. You would agree, right? Ms. Dougherty: You know your district. Vice Chair Spence -Jones: Yeah. Ms. Dougherty: All -- I can show you a photograph -- Vice Chair Spence -Jones: Overtown -- it is -- Ms. Dougherty: -- however that in your compre -- your Overtown master plan -- Vice Chair Spence -Jones: Lucia -- Ms. Dougherty: -- that shows it -- Vice Chair Spence -Jones: -- you can bump up. Ms. Dougherty: Yes. Vice Chair Spence -Jones: Okay. That's -- you know, I'm not going to bypass that, so I will -- I don't have a issue with that from that point. I just want to make sure I addressed it because the community has asked for that, and I don't want to bypass what they're asking me to do on it. The other one was the McArthur Dairy site. I just wanted to make sure that D1 classification was handled correct? Ms. Gelabert-Sanchez: That was the first one of the recommendations we made, that it would get the land -use that was approved. City of Miami Page 186 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay, so that's done. And then we had the Wynwood site, which was 25th and 24th Street. Remember there was an issue around the D1 classification, the increasing -- I guess it's the same situation as my Little River Business Industrial Park. Ms. Gelabert-Sanchez: We have it. Vice Chair Spence -Jones: Right. Ms. Gelabert-Sanchez: Yes. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: I'm hearing you. Vice Chair Spence -Jones: I just want to make sure everything that my business associations and my neighborhood associations asked me include, I have done. And then last but not least, we have Buena Vista. I want to make sure -- 'cause it's so confusing. You know, one minute it's this thing. One minute, it's that thing. So let's just be clear. On the Buena Vista map, we're saying on the North Miami side of it, it goes to T4 L with a limitation of 35 feet, correct? Ms. Gelabert-Sanchez: We would not recommend that. I think it's at -- we would recommend it has to be one or the other. If we start putting overlays on -- we're going to be back where we started. Vice Chair Spence -Jones: Okay. So what are we going to do to accommodate the --? Ms. Gelabert-Sanchez: What we were recommending was T4, but if you want to lower it, just do the T3 O. Vice Chair Spence -Jones: Okay. You want to -- Ms. Gelabert-Sanchez: The concern is to have -- Vice Chair Spence -Jones: -- say something on that --? Ms. Gelabert-Sanchez: -- the -- to start putting overlays, I think we're going to be back on 11000. Vice Chair Spence -Jones: Okay. Ms. Plater-Zyberk: Concurring. If you want to make a lower building, just go to a lower T zone. Vice Chair Spence -Jones: Okay. So -- because if we said TL -- T4 L with a limitation of 35, that creates the problem, right? Ms. Gelabert-Sanchez: That would create a problem. And just as a point of clarification, if it was height, then it's T3 O. Vice Chair Spence -Jones: Yeah. Ms. Gelabert-Sanchez: The issue with doing that is that what the T4 L was giving was some commercial use at the ground level. So you were going for a three-story building with some commercial. By taking it lower, if height is the issue, it's -- the next one would be T3 O, but that's duplex. That's not commercial. City of Miami Page 187 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay. So -- because we'd also have that on the south end, which is the other T4 L, correct? That now becomes --? Ms. Gelabert-Sanchez: Yeah. All the -- the commercial starts with D4 and that with TL [sic] is limited to the ground level. So you have, you know, those -- the three stories with some commercial on the ground level. Vice Chair Spence -Jones: Okay. Ms. Gelabert-Sanchez: If you lower it, it's -- it is going to be a building with less height, but it will not have the commercial use. Vice Chair Spence -Jones: Okay. So -- I'm just trying to understand why we can't have the T4 with the limitation of 35 feet. Ms. Gelabert-Sanchez: The issue is -- that is the moment we start putting limitations on overlays, we're going to be back to creating what we started with Miami 21 on our first presentation, where only the Grove, I believe, it had 20-some just special districts, and we were trying to get away. And the idea of form -based code, it was to precisely give you the uses, but also guide you with the form. We will be back where we were. That's why we are not recommending to do that. Vice Chair Spence -Jones: Okay. Greg, can I ask you something, real fast, 'cause Greg actually worked, you know, hand -in -hand with me on this issue. I think what the issue or the concern for the neighbors is the building -- the art -based building that's just been built there right off of 41 st Street, is it? Gregory Gay (Planner II, Planning Department): Correct. Vice Chair Spence -Jones: Or 42nd Street. That is how tall now? Mr. Gay: If my memory serves me correct, that building is approximately 52 feet in height -- Vice Chair Spence -Jones: So -- and -- Mr. Gay: -- which would be within the T4 that we're proposing. Vice Chair Spence -Jones: Right. But it's huge and you would agree with that, right? Mr. Gay: The massing of the building is not necessarily the type of massing that would be agreeable next to a single-family neighborhood. That's it. Vice Chair Spence -Jones: Yeah. I mean, I just -- I mean -- and -- Mr. Gay: I don't think it's necessarily the height of the building, but it's the massing. The rear of the building is basically a blank wall, so that doesn't really lend itself to that particular location. Vice Chair Spence -Jones: Yeah, but I -- I mean, I have actually visited the site of the homeowner that lives there, and I'm telling you, I would not want to live behind it. And I've communicated to the owners, the property owners on -- in the Dacra area -- in the design area, and I just -- I have a big concern. If we can't limit it with the 35 feet, then I'm going to have to go with T3 because that building is huge, and I can only imagine all of those buildings on that back row next to that is going to be nothing but shadows in the back of these people's yards. It really is. So you know -- unless you can tell me -- and I'm hearing from Ana that she cannot make no accommodation because of the overlay, I'm going to have to stick with T3 on there as City of Miami Page 188 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 well, so it's going to be T3 on North Miami side, T3 on the Design District side, correct? Mr. Gay: Correct. Vice Chair Spence -Jones: Okay. And then we made one other accommodation on the Northeast 2nd Avenue. We stayed a little higher because there are businesses already there, correct? Mr. Gay: On Northeast 2nd, correct. Vice Chair Spence -Jones: Right. We're going to keep that. Mr. Gay: That's T4 L. Vice Chair Spence -Jones: Only thing we're going to do is the one -- the properties on the -- Mr. Gay: The area within -- Vice Chair Spence -Jones: -- inner part of it goes to T3 -- Mr. Gay: -- in between. Vice Chair Spence -Jones: -- which is what they already are. Mr. Gay: T3 0 to accommodate the -- Vice Chair Spence -Jones: Yes. Mr. Gay: -- apartment buildings that are existing there. Vice Chair Spence -Jones: Right, T3 O. Mr. Gay: Okay. Vice Chair Spence -Jones: Correct? Mr. Gay: And just to -- if -- by doing that, you will be -- Applause. Mr. Gay: -- by doing that, you are, in essence, limiting the commercial use, but that's a section that's within this Design District, so we would have to take that in consideration as well. Vice Chair Spence -Jones: Yeah. But it's just one row on the other side, on the north side of the street, correct? I just want to make sure. Mr. Gay: It's on the north side of 41 st Street. Vice Chair Spence -Jones: Yeah. I just -- I mean, I -- my son goes to doctor right on that same corner. I know for a fact that that building is a huge building behind people's houses. Mr. Gay: Also, just to put on the record, there will be setback changes as it relates to T4 and T3 as well. T4 has a 20-foot setback -- Vice Chair Spence -Jones: Yeah. City of Miami Page 189 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Mr. Gay: -- as well as the T3, it's the same, so the setbacks will be the same. Vice Chair Spence -Jones: Okay. You think that that is a problem, Ana? I mean, you just wanted me to know that or is there something --? Ms. Gelabert-Sanchez: Not at all. I just wanted to give you one more piece of information -- Vice Chair Spence -Jones: So you're saying that -- Ms. Gelabert-Sanchez: -- that the setback on T4 is 20 feet. Vice Chair Spence -Jones: So that's a lot of land, is that what you're --? Ms. Gelabert-Sanchez: It's the same as the T3 O. Vice Chair Spence -Jones: Okay. All right. Ms. Gelabert-Sanchez: So I guess what you're weighing is the -- Vice Chair Spence -Jones: So those are the only accommodations I want to make. I was trying to find a happy ground between both -- I do want to ask this question, though. On the special area plan, Ana, it takes about how many acres to make a special area plan? Ms. Gelabert-Sanchez: Nine acres. Vice Chair Spence -Jones: Nine acres. And property owners in the area, if they decide they want to do something, they can do -- you know, come together like they're going to do -- Ms. Gelabert-Sanchez: They can. Vice Chair Spence -Jones: -- in the Wynwood area and come back with a -- Ms. Gelabert-Sanchez: They can. Vice Chair Spence -Jones: -- special area plan? Ms. Gelabert-Sanchez: Yes, they can. Vice Chair Spence -Jones: But it still needs to be presented in front of -- Ms. Gelabert-Sanchez: It's a public hearing. Vice Chair Spence -Jones: Public hearing. And then that -- from there they can decide what makes the most sense on those blocks, correct? Ms. Gelabert-Sanchez: Correct. Vice Chair Spence -Jones: Okay. I would rather do that. And that is my only last and final change. My biggest issue was hearings, hearings and that was handled, or we accomplished that. So I'm happy with that. And I just want to say this in closing. I do want to thank the staff from Planning for doing such an excellent job. I know I drove you guys crazy making sure that you attended all of our meetings. I want to especially thank Ana for allowing Greg to work hand -in -hand with our community in walking through those key issues and concerns that many of my neighbors and my businesses had in the area, so I truly appreciate you doing that, Ana. Liz, I know also I drove you crazy too with all of the different things from diversity to, you know, City of Miami Page 190 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 making sure that everything single thing was adjusted. We've been working on this project in my district for a while, so -- and that's because the D2 Commissioner and I, you know, were born with this thing, so we feel a little bit differently about it because we had a little more time to digest it. But I'm happy with it. I have to say this, you know. I know that there's some people that are not in agreement with Miami 21, but I have to say that to me, it looks great to be able to look at a map and really know what your area is going to look like. Unlike before, it's like you could never really tell what it was going to be, and now, at least my neighbors, my -- the people that live in those particular communities, have their businesses in those particular communities, they know it just by looking at the map, so when I leave, you know, here from the City of Miami, I would like my legacy to be at least we put things in place so that there's some form in which people can follow by and things are not changing as you go. So on my end and in my district, we vetted it out as much as we could to be very comfortable with it. And then last but not least, I know we also fight all the time. Mr. Mayor, this is your last hooray, but it's -- I'm sure it's not your final hooray. Want to -- let's give the Mayor a hand everybody. Let's give him a hand. Applause. Vice Chair Spence -Jones: It does take great vision to, you know, change things, and we know, all of us sitting in this room, we may not always agree what the changes are, but in the end, hopefully, we can all be on the same page to move the City to the next level. I'm very happy with the direction of what's happening in my district. I'm very happy with what's happening from the standpoint of where we're going with the City. At least the next -- hopefully, the next four years, 171 be able to at least have a path in which we could all follow, but I do want to commend the Mayor for his leadership and his vision on the Miami 21 issue. And with that being said, I believe we had a motion. We had a second Ms. Gelabert-Sanchez: Excuse me, Commissioner. Commissioner Gonzalez: Ana. Ms. Gelabert-Sanchez: Commissioner, I'm sony. I just -- there was one comment that Commissioner Sarnoff made -- Vice Chair Spence -Jones: Sure. Ms. Gelabert-Sanchez: -- and we said we would do it, but I just want to read it. It's the one on the definition of marine -related and I just want to make sure that we put it on the record to -- as one of the changes where I am deleting the word "all work on vessels which exceed eight feet in width," and then adding "all industrial vessels paint and body work and industrial major engine work or overhaul, all of which are considered marine -related industrial activities." It's just what Ms. Summers brought up and we said that we could amend it. I just want to be able to put it on the record so we could make that change. Commissioner Sarnoff. Can I read it to you because I didn't hear you correctly, and then you tell me if I read it correctly? Ms. Gelabert-Sanchez: Yes. Commissioner Sarnoff. Uses included are all industrial vessels -- I'm sony, did I say uses not included are? Ms. Gelabert-Sanchez: Yeah. Uses not included Commissioner Sarnoff. -- are all industrial vessels paint and body work and major -- industrial major -- I'm sorry -- and industrial major work or overhaul, all of which are considered City of Miami Page 191 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 marine -related industrial activities. Ms. Gelabert-Sanchez: Correct. Commissioner Sarnoff.. Okay. Ms. Gelabert-Sanchez: Thank you. Vice Chair Spence -Jones: Okay, so we -- Commissioner Gonzalez: All right, call the question. Vice Chair Spence -Jones: Call the question. Chair Sanchez: You're the chair. Vice Chair Spence -Jones: Oh. Chair Sanchez: It's an ordinance. Read it into the record. Vice Chair Spence -Jones: It's an ordinance. Read it into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. Commissioner Sarnoff? Commissioner Sarnoff.. Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes, ma'am. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4-1. Applause. [Later..] Ms. Thompson: Chair, if I might. Just calling to Commissioner Sarnoffs attention -- Commissioner Sarnoff.. Oh, yeah, I'm sorry. The record needs to reflect -- or do I need to re -- City of Miami Page 192 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 do a motion? Ms. Thompson: On PZ 5. Commissioner Sarnoff On PZS, the record should have reflected Ana Gelaberton [sic], 61st and 67th Street, not avenue. Commissioner Gonzalez: All right. PZ.6 08-01315ct ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE, AS MODIFIED. 08-01315ct Analysis.pdf 08-01315ct Miami -Dade County Public School Concurrency.pdf 08-01315ct PAB 01-07-09 Reso.pdf 08-01315ct PAB 09-02-09 Resos.pdf 08-01315ct Governmental Agency Letters.pdf 08-01315ct CC Legislation (Version 6).pdf 08-01315ct Exhibit A (LAND USE MAP) SUB.pdf 08-01315ct Exhibit B (Edgewater Area Map) - NEW.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 (PAB): Recommended approval to City Commission on January 7, 2009 by a vote of 5-4. Pursuant to Section 62-31(e) of the Miami City Code, the PAB will considered this item on September 2, 2009, and made a motion on September 2, 2009 to defer this item to November 18, 2009 by a vote of 7-1. The PAB also made a motion on September 2, 2009 recommending to the City Commission, to defer the particular item 08-01315ct until heard by the PAB in 60 days (November 18, 2009) by a vote of 7-1. PURPOSE: This will modify, add and delete Land Use designations within the interpretation of the 2020 Future Land Use Map section of the Future Land Use Element; and change the 2020 Future Land Use Map designations of specific properties in accordance with the Miami 21 Atlas. City of Miami Page 193 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado 13115 Chair Sanchez: All right. Ladies and gentlemen, the next item is PZ 6. That is an ordinance on second reading, and that's on the comp plan on the Miami 21 atlas. Commissioner Gonzalez: Move PZ. 6. Chair Sanchez: Wait, wait, wait, wait, wait. And then PZ 7 is Historical Preservation, Chapter 23. That's when we'll hear the height restriction for Biscayne Boulevard. All right, is there a motion for PZ. 6? Commissioner Gonzalez: I did make a motion. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez. Commissioner Sarnoff Second Chair Sanchez: Is there a second? Second by Commissioner Sarnoff. Before we open it up for discussion, anyone from the public wishing to address the item? I think we did all three together for the record -- Commissioner Gonzalez: Yes. Chair Sanchez: -- so we're going to open it up, the public hearing. Is public hearing is opened and closed, coming back to the Commission. Any discussion on PZ.6. It's an ordinance on second reading. Hearing no discussion, read the ordinance into the record, followed by a roll call. Commissioner Gonzalez: Mr. Chairman, you were not here, but when I opened the -- when we open -- started Miami 21 -- Chair Sanchez: Y'all did all three of them? Commissioner Gonzalez: -- we did it for all three of them. Chair Sanchez: All right, for the record, public hearing was opened for all three items. Okay, read the ordinance into the record, followed by a roll call. Maria J. Chiaro (Deputy City Attorney): And just to clarify the record, there were amendments recommended by staff. Chair Sanchez: Yes, there were. Ms. Chiaro: I presume they are part of the motion to approve? Chair Sanchez: Yes, as amended The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? City of Miami Page 194 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Regalado: No. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted as modified, on second reading, 4-1. PZ.7 08-01407zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO REFLECT THE PROVISIONS AND LANGUAGE OF THE MIAMI 21 CODE; TO CREATE A PROCESS FOR THE TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES THROUGH THE PUBLIC BENEFITS PROGRAM; TO CREATE ADDITIONAL DEFINITIONS; TO ESTABLISH A THIRTY-FIVE (35) FOOT HEIGHT LIMIT WITHIN THE BOUNDARIES OF THE MIAMI MODERN (MIMO)/BISCAYNE BOULEVARD HISTORIC DISTRICT; AND TO ESTABLISH PROVISIONS FOR THE GRANTING OF EXCEPTIONS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01407zt CC Legislation (Version 2).pdf 09-01407zt CC SR 10-22-09 Fact Sheet.pdf 08-01407zt-Submittal-Petitions-Fran Rollason.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: 1) On June 26, 2008, the Miami City Commission adopted Ordinance No. 13008, codified as § 23-6 of the Miami City Code concerning transfers of development rights for historic resources, thereby instituting the provisions for the Transfer of Development Rights for Historic Resources and establishing provisions for the sale of unused base development rights in the City of Miami Page 195 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 MiMo/Biscayne Boulevard Historic District; 2) This amendment would further the intent of the Transfer of Development Rights provisions establishing a market for the sale of Unused Base Development Rights through the Miami 21 Public Benefits Program. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Noes: 2 - Commissioner Gonzalez and Sanchez 13116 Chair Sanchez: All right, Chapter 23. That's PZ 7. That's on the -- establish the 35-feet height limitation within the boundaries of the MiMo (Miami Modern) District. Okay. Ellen Uguccioni (Planning Department): Good evening, Mr. Chairman, members of the Commission. Ellen Uguccioni, Preservation officer. This is an ordinance that makes some changes to our Transfer of Development Rights program, which we have in existence, but now we have a vehicle for those transfer of development rights and that's through the Public Bonus program in Miami 21. At first hearing, Commissioner Sarnoff asked us to add 35-feet height limit within the MiMo Biscayne Boulevard Historic District, and that is now included in the ordinance. The only other change we've made was to allow exceptions for bed and breakfast in certain transects. Thank you. Vice Chair Spence -Jones: All right. We -- this is actually a public hearing, as well, right? Commissioner Gonzalez: Yep. Vice Chair Spence -Jones: Right? So -- Chair Sanchez: Okay, I'm back, I'm back. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Ms. Chiaro: You did -- you took comment on -- Chair Sanchez: We took comment on -- Ms. Chiaro: -- all three items -- Commissioner Gonzalez: All three items. Ms. Chiaro: -- including the criteria for a 35-foot height. Chair Sanchez: All right. Commissioner Gonzalez: So what we need is a motion and a second Chair Sanchez: Do we have a motion? Commissioner Sarnoff So move. Chair Sanchez: All right. Is there a second? All right. City of Miami Page 196 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Second. Commissioner Regalado: Second Chair Sanchez: Okay, there's a second by Commissioner Regalado. The item is under discussion. Anyone wishing to discuss the item? Commissioner Sarnoff.. Yes. Chair Sanchez: Okay. Commissioner Sarnoff.. You know -- Chair Sanchez: Commissioner Sarnoff Commissioner Sarnoff.. -- there are a lot of misnomers out there and a lot of people have been saying how much they pay in taxes, and the reason they pay so much in taxes is they're paying taxes on the highest and best use of 85 feet to 120 feet of building. And if in fact, they had a 35-foot height limit, or something of that nature, their tax bill would come down by probably two-thirds. That is a true statement. You can say it's not a true statement, but it's an absolutely dead true statement. With a transfer of development right, it would facilitate the building of the - - of the -- Biscayne Boulevard The question you have to ask yourself is are you into this for the preservation of it because you believe in MiMo, or are you into it for a stimulation and speculation? If you look anecdotally what happened with this neighborhood for more than ten years, you've had one development. You've had speculation stagnation. And this is an idea you should try, see how it works. I think the TDRs (Transfer of Development Rights) with a 2.25 multiplier are going to be valuable rights. The Boulevard will not be the first place to develop. Downtown Miami will be the first place to redevelop again. And I think these rights would afford and enhance the Historic District. Chair Sanchez: You're done? Commissioner Sarnofff. Yes. Chair Sanchez: All right, any discussion on it? I have discussion on it. I didn't support the 35-feet height limitation the first time, and I made my arguments against it. I'm still totally against it for a variety of reasons. One is the 35-feet height restriction, in my opinion, is not financially feasible to the area. And just to address the issue. We all can agree that the Upper Eastside has great potential, and I could honestly tell you that if we restrict it to 35 feet, in my opinion, I think it's going to hold back that area from developing the way it should develop; getting rid of some of those surface parking lots that are more trouble than -- more good -- more bad -- harm -- it does more harm than good to the area. And I think, after talking to people and addressing people that have come in front of this Commission on the 35 feet, I am prepared to propose the -- is it the 53? Commissioner Sarnoff.. Fifty-three. Chair Sanchez: The 53, the recommendation of MiMo, which I think it's more suitable for the area, and if you look at it. I mean, some of the arguments that have been made here -- this is a boulevard This is a very wide boulevard that to place a 35-feet height restriction in these tough economic times -- and you've seen a lot of businesses that are closing down in that area. Just throughout the City you're losing businesses. But I think that by doing this, you're doing more harm than good When -- Miami 21, it's on a case -by -case if you wanted to protect the neighborhoods in the area, and Miami 21 is based on building on capacity. Some of those areas that are next to Morningside that should be protected in those residential areas are built on City of Miami Page 197 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 capacity. You're not going to be able to build five stories or six stories in the (UNINTELLIGIBLE) area 'cause they're real next -- close to home. Now, when you get to other areas where you're not abutting an R-1, to place a 35-feet height restriction, I just think it's the wrong thing to do to an area that is willing to explode. I always say the Upper Eastside is an experiment on itself. Commissioner, I think you're making a big mistake. I wish I could shine the light on you and convince you to change it to 53 feet 'cause I guarantee you, mark my words, whether I'm here or not, you'll be back here in a couple of years changing it because I believe that 35 feet is going to do more harm than good to that area. That is my advice here in the Commission. I know last time I didn't support it. I still do not support it. I think the compromise there, based on everyone's input, is the 53 feet and the recommendation by MiMo. If you don't have the three votes, I'm prepared to make a motion to present the MiMo's recommendation to the area as to the height. So I just wanted to make that argument and just wanted to see what my colleagues think. Vice Chair Spence -Jones: Commissioner Sarnoff. Commissioner Sarnoff. I hear [sic] what he said I'm -- I mean, I'm prepared -- let's call the question; see what happens. Chair Sanchez: All right, the question has been called It is a ordinance on second reading. Read the ordinance, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: No. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Chair Sanchez: All right. Ms. Thompson: I'm sorry; 3-2. Chair Sanchez: Okay. What's -- what are the other items? Commissioner Sarnoff. That's it. PZ.8 09-00974ct ORDINANCE First Reading City of Miami Page 198 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE FUTURE LAND USE ELEMENT OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT TO INCORPORATE LANGUAGE REGARDING THE DESIGNATION OF THE HEALTH DISTRICT REGIONAL ACTIVITY CENTER; FURTHER AMENDING THE 2020 FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CREATING THE "HEALTH DISTRICT REGIONAL ACTIVITY CENTER OVERLAY" WITHIN THE CITY OF MIAMI; MAKING FINDINGS OF CONSISTENCY WITH ESTABLISHED CRITERIA, GOALS, OBJECTIVES AND POLICIES FOR SUCH DESIGNATIONS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00974ct PAB Reso.pdf 09-00974ct CC Legislation (Version 2).pdf 09-00974ct Exhibit A.pdf 09-00974ct CC FR 10-22-09 Fact Sheet.pdf 09-00974ct-Submittal-Keith Ivory.pdf LOCATION: SD-10 Medical Health Care, Hospital and Research Park Overlay District [Commissioner Angel Gonzalez - District 1 and Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will create a Health District Regional Activity Center, necessary to achieve the City's goals for continued development and redevelopment of its principal health care, hospital and research area. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: There's a couple other items that I wanted to try to give Commissioner Sanchez the opportunity to get here. They're quick items. I'd like to get them out of the way so we don't have extra stuff to deal with when we come back for the next Commission meeting in November. But let me go 'head [sic] and take PZ.8 really fast, to create the health district. I believe that's actually in Commissioner Gonzalez's district. So I want to go 'head [sic] and get that out of the way. Harold Ruck (Planner II): Good afternoon. Harold Ruck, with the Planning Department. This is an ordinance on first reading to amend the future land use element of the Miami Comprehensive Neighborhood Plan of the City of Miami by amending the goals, objectives, and policies of the future land use element and incorporate language regarding the designation of City of Miami Page 199 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 the Health District Regional Activity Center, amending the 2020 future land use map by creating "Health District Regional Activity Center Overlay" within the City of Miami. Planning Advisory Board recommended approval on September 16, 7-0, and the Planning Department recommends approval since this will create a Health District Regional Activity Center necessary to achieve the City's goals for continued development and redevelopment of the principal health care, hospital, and research areas. We have representatives from UM (University of Miami) and Kimley-Horn if one wishes to have a brief presentation, but it depends on the Commission's desire. Vice Chair Spence -Jones: No. I'm going to ask the district Commissioner. It depends on what he'd like to see happen. Commissioner Gonzalez: No. I'm all right with it. I'm ready to make a motion on PZ8. Vice Chair Spence -Jones: All right. Commissioner Sarnoff Second Vice Chair Spence -Jones: He's saying that he doesn't -- This is a public hearing, though, so we have to definitely -- Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chair Spence -Jones: You can't hear me or him? Ms. Thompson: I'm sorry. Commissioner Gonzalez, is your mike on? Vice Chair Spence -Jones: Yeah, it's on. Commissioner Gonzalez: It's on. Ms. Thompson: Okay. Commissioner Gonzalez: Hello. Can you hear me? Ms. Thompson: Now I can. So you were the mover on that ordinance? Commissioner Gonzalez: On PZ8. Ms. Thompson: Thank you. Vice Chair Spence -Jones: But this is a public hearing, so we do have to open it up to the -- Ms. Thompson: Yes. Vice Chair Spence -Jones: -- public. So is there anybody that has any comments at all? Commissioner Gonzalez said that he does not want to hear anything from the University of Miami, but by all means, you definitely could put something on the record Keith Ivory: Good afternoon. My name is Keith Ivory, 140 Northwest 20th Street, a member of Power U. Earlier -- well, I have a document I'd like to leave with all of the Commissioners. Our concern here is basically the -- we are in support of the UM Biotech Life Science Park. Our concern is the Town Park residents that live just on the other side of the 1-95 expressway, that the concern of the residents that will -- basically, where would the doctors and scientists and researchers with the Life Science Park be housed at within the area? We understand that City of Miami Page 200 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 doctors and scientists and researchers need to be close to their experiments and their labs and our concern is has there been a full wide impact study of what would happen to the surrounding areas Overtown and that Allapattah region there? Vice Chair Spence -Jones: Okay. Do you want to --? I don't think that's necessarily your question -- I mean, not geared towards you. Maybe, perhaps, the people from the University of Miami -- are they here or --? And I just want to be clear. This is just to really establish the district, correct? Commissioner Gonzalez: Correct. Vice Chair Spence -Jones: So -- okay. Do you want to respond to that question? Maria Gralia: I think that I can clarify -- Vice Chair Spence -Jones: You got to put your name on the record Ms. Gralia: Maria Gralia, from the University of Miami. He's talking about the Life Science Park. This is really -- we're talking about the Regional Activity Center. The Life Science Park would be within that center, but we're not really discussing the Life Science Park. I can address his questions -- you know, I can talk to him afterwards. Vice Chair Spence -Jones: All right. I just want to make sure because these two items really -- I mean, they connect, but it's not really the same thing. It's about really creating the district first - Ms. Gralia: That's correct. Vice Chair Spence -Jones: -- and I do know that there's been some at least ongoing conversations that you guys have been having with Power U regarding what is actually happening with the biomedical facility. I do know from our office perspective we've been very much engaged in making sure that the community is involved in what's happening with the park And the biggest issue for me right now is jobs. Ms. Gralia: That's right. Vice Chair Spence -Jones: I do not want to see on that -- at least on the 7th Avenue side where the park is going, you know, the park go up and then no one from the community's benefiting from any of the jobs that are taking place there. And that's why we're trying to partner with Miami Works, the City -based project, to train people so that they -- we don't have any excuses about them not working. Ms. Gralia: That's right. Vice Chair Spence -Jones: So I do know that we're doing it from that perspective. Ms. Gralia: Yeah. Vice Chair Spence -Jones: And I also know that the biomedical park and the University of Miami has come to the Overtown Oversight Board and also briefed them, which a lot of the Town Park residents were a part of. So I'm not -- I just think that they're two different issues. I think that there needs to be -- Ms. Gralia: Right. City of Miami Page 201 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: -- an ongoing conversation that happens between the Power U folks, the Overtown Oversight Board folks, the Miami Works folks, folks that are already working -- Ms. Gralia: Right. Vice Chair Spence -Jones: -- on the project itself. So I will -- I don't mind taking the leadership to get everybody at the table to make sure that everybody's speaking the same language on it and then we take it from there. But I don't want one thing to stop what you're trying to get done, Commissioner Gonzalez. Ms. Gralia: Okay. All right. We will talk. We have been meeting with the Power U -- Vice Chair Spence -Jones: Okay. Ms. Gralia: -- folks. Vice Chair Spence -Jones: Okay. Are you satisfied with that, sir, us having --? Mr. Ivory: Yes. We will continue talks with the University of Miami and all the players there involved -- Vice Chair Spence -Jones: No problem. Mr. Ivory: -- with the Life Science Park. Also, tomorrow at the Overtown Community Oversight Board meeting that will be here at 6 p.m. -- Vice Chair Spence -Jones: Yes. Mr. Ivory: -- Power U will be doing a PowerPoint presentation -- Vice Chair Spence -Jones: Okay. Mr. Ivory: -- in reference to the discussion today. Vice Chair Spence -Jones: Okay, no problem. Mr. Ivory: Thank you. Vice Chair Spence -Jones: Thank you so much for coming. Mr. Ivory: Thank you. Vice Chair Spence -Jones: All right. I think -- any other comments on this? Okay. You're recognized. Mariano Cruz: Yeah. Mariano Cruz, 1227 26 Street. I live very close to this place there and I like to -- what I see here. That's something very -- I'm also remember that the Civic Center is in Allapattah, okay. Allapattah is not in the Civic Center. The Civic Center is in Allapattah. Okay, thank you. Vice Chair Spence -Jones: Thank you so much, Mariano. All right. We've had the public hearing; now it comes back to the dais. I believe we had a motion and a second on it, correct? Commissioner Gonzalez: Yes. City of Miami Page 202 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: All right. Ms. Thompson: Yes. Vice Chair Spence -Jones: All in favor? Ms. Thompson: No. It's an ordinance. Commissioner Gonzalez: No. It's an ordinance. Vice Chair Spence -Jones: Oh, please, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.9 09-00653zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3, ENTITLED "CLASS II SPECIAL PERMIT" AND SECTION 610.6, ENTITLED "PERMITTED USES," AND BY ADDING TO ARTICLE 6, A NEW SECTION 610.7, ENTITLED "CONDITIONAL PRINCIPAL AND ACCESSORY USES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00653zt Zoning Map.pdf 09-00653zt Aerial Map.pdf 09-00653zt PAB Reso.pdf 09-00653zt CC Legislation (Version 3).pdf 09-00653zt CC SR 10-22-09 Fact Sheet.pdf LOCATION: Bounded by South of NW 20th Street, North of SR 836, West of 1-95 and East of NW 14th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on June 17, 2009 by a vote of 8-1. PURPOSE: This will allow an open air green market use on "SD-10" with a Class II Special Permit. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 203 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13113 Vice Chair Spence -Jones: Okay. Commissioner Sanchez -- Commissioner Gonzalez: PZ9 is also health district. Vice Chair Spence -Jones: Okay, let's get that out of the way. PZ.9. Commissioner Gonzalez: Move PZ.9. Vice Chair Spence -Jones: Okay. We have -- Commissioner Sarnoff Second Vice Chair Spence -Jones: -- a motion and a second on this item, but it is a public hearing. Is there anyone here that would like to speak on the open-air green market? All right. The item comes back to the Commission. All in favor? Maria J. Chiaro (Deputy City Attorney): This is an ordinance -- Commissioner Gonzalez: No. It's an ordinance. Vice Chair Spence -Jones: Ordinance. Ms. Chiaro: -- Madam Chair. Vice Chair Spence -Jones: Ordinance, I'm sorry The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.10 09-00950zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9 OF ZONING ORDINANCE 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS"; MORE PARTICULARLY BY AMENDING SECTION 936, ENTITLED CHILD DAY CARE CENTERS; INCLUDING REGULATIONS FOR URBAN CHILD CARE FACILITIES WITHIN CBD (CENTRAL BUSINESS DISTRICT), SD-5 (BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT), AND SD-7 (CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL- RESIDENTIAL DISTRICTS) TO BE APPROVED BY A CLASS II SPECIAL PERMIT IN ORDER TO MEET THE REGULATIONS ESTABLISHED BY FLORIDA STATUTES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 204 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 09-00950zt PAB Reso.pdf 09-00950zt CC Legislation (Version 2).pdf 09-00950zt CC FR 11-19-09 Fact Sheet.pdf LOCATION: CBD (Central Business District), SD-5 (Brickell Avenue Area Residential -Office District), and SD-7 (Central Brickell Rapid Transit Commercial -Residential Districts) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. PURPOSE: This will allow for urban child care facilities within the CBD, SD-5 and SD-7 to be approved by Class II Special Permit to meet regulations established by Florida Statutes. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: Okay. We would only have two more on this -- well, actually three more to finish it up so that we could just make it all Miami 21. I would like to get those out of the way really fast. PZ (Planning & Zoning) -- I understand the Mayor's fine with PZ 1 and PZ 4 not being addressed now. So let's get PZ 10 and 11 out of the way. PZ 10, to allow urban childcare facilities. Anybody from the Administration here on --? Commissioner Sarnoff Move PZ.10. Vice Chair Spence -Jones: Hmm? Commissioner Sarnoff Move -- motion. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Second Vice Chair Spence -Jones: Administration, please put something on -- Pedro G. Hernandez (City Manager): We support the itme. Vice Chair Spence -Jones: Okay. You could put something on the record, please. Roberto Lavernia (Chief of Land Development, Planning Department): Just only to allow daycare centers in the urban core within a building that is going to facilitate service for daycares. Vice Chair Spence -Jones: Great. So we had a -- Actually, this is a public hearing. Any questions or comments --? City of Miami Page 205 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Is your microphone on? Vice Chair Spence -Jones: You're right. Ms. Thompson: Thank you. Vice Chair Spence -Jones: No problem. This is a public hearing. Does anyone have any comments on this item? All right, it comes back to the dais. We had a motion and a second I believe this is an ordinance. Maria J. Chiaro (Deputy City Attorney): My microphone is on, Priscilla. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Vice Chair Spence -Jones: Okay. And I understand PZ.11 and 12, that's actually Commissioner Sanchez's district, so I would rather hold off on that. PZ.11 09-00817Iu 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 REAL PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-008171u PAB Reso.pdf 09-008171u Analysis.pdf 09-008171u Land Use Map.pdf 09-008171u & 09-00817zc Aerial Map.pdf 09-008171u School Board Concurrency.pdf 09-008171u CC Legislation (Version 2).pdf 09-008171u & 09-00817zc Exhibit A.pdf 09-008171u CC FR 10-22-09 Fact Sheet.pdf 09-008171u Withdrawal Email.pdf LOCATION: Approximately 500 NW South River Drive [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. City of Miami Page 206 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 09-00817zc. PURPOSE: This will change the above property to Restricted Commercial. 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 Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez Vice Chair Spence -Jones: Okay, so we have officially finished the PZ (Planning & Zoning) items. Priscilla A. Thompson (City Clerk): No. Vice Chair Spence -Jones: Just want to know -- Ms. Thompson: No. Roberto Lavernia (Chief of Land Development, Planning Department): Commissioner -- Ms. Thompson: No. Vice Chair Spence -Jones: There's another one? Ms. Thompson: You have PZ 11 and 12. Vice Chair Spence -Jones: Oh, he stepped out. Pedro G. Hernandez (City Manager): Madam Chair. Vice Chair Spence -Jones: You're here, though, right, for PZ -- Mr. Lavernia: 11 and 12. Mr. Hernandez: Madam Chair, the items are basically housecleaning items. It's a piece -- this is 11 and 12. Vice Chair Spence -Jones: Okay. Mr. Hernandez: It's a piece of land small that has not been zoned and, in essence, we would like Vice Chair Spence -Jones: No problem. Mr. Hernandez: -- to catch up and correct it. Vice Chair Spence -Jones: And you've been here all day, right. Unidentified Speaker: Since 10:30, but it's been very educational. Vice Chair Spence -Jones: No problem, no problem. You want to put something on the record. Mr. Lavernia: It's just a -- it's a scrivener [sic] error and the property was R-3 and, in reality, there's an existing business for more than 20 year [sic] -- City of Miami Page 207 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay. Mr. Lavernia: -- in that little piece of land that is surrounded by street in all four sides, and we are correcting this scrivener [sic] error. Vice Chair Spence -Jones: No problem. Do we have a motion and a second on this item? Commissioner Sarnoff So moved. Ms. Thompson: No. Commissioner Regalado: Second Vice Chair Spence -Jones: All right, we do -- do we -- open it to the public. Any comments on this item? Comes back to the dais. Maria J. Chiaro (Deputy City Attorney): PZ 11. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Spence -Jones: Okay. All right, so we're officially finished. PZ.12 09-00817zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 500 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00817zc PAB Reso.pdf 09-00817zc Analysis.pdf 09-00817zc Zoning Map.pdf 09-008171u & 09-00817zc Aerial Map.pdf 09-00817zc CC Legislation (Version 2).pdf 09-008171u & 09-00817zc Exhibit A.pdf 09-00817zc CC FR 10-22-09 Fact Sheet.pdf LOCATION: Approximately 500 NW South River Drive [Commissioner Frank Carollo - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami City of Miami Page 208 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 09-008171u. PURPOSE: This will change the above property to C-1 Restricted Commercial. NOTE(S): On October 22, 2009, the City Commission also passed on First Reading the companion Land Use Change; however, that item is no longer required because it has been resolved by land use changes presented and approved by the City Commission, as part of Miami 21. 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 Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez Priscilla A. Thompson (City Clerk): PZ12. Maria J. Chiaro (Deputy City Attorney): PZ 12 is -- Vice Chair Spence -Jones: PZ 12. Ms. Chiaro: -- a companion item. It's a -- Vice Chair Spence -Jones: I thought you were doing both at the same time. Roberto Lavernia (Chief of Land Development, Planning Department): PZ 12 is the companion item, the zoning change. Vice Chair Spence -Jones: Do we have a motion and second on this --? Commissioner Sarnoff So moved. Commissioner Regalado: Second Vice Chair Spence -Jones: All right. Want to open it to the public. Any comments on this item? Comes back to the dais. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Priscilla A. Thompson (City Clerk): The ordinance has been passed on first reading, 3-0. Vice Chair Spence -Jones: Okay, so we have officially finished -- Priscilla A. Thompson (City Clerk): No. PZ.13 09-00024mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE City of Miami Page 209 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI ART MUSEUM PROJECT, TO BE LOCATED AT APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATELY 77-FOOT HIGH (FOUR-STORY) STRUCTURE TO BE COMPRISED OF APPROXIMATELY 96,154 SQUARE FEET OF FLOOR AREA; TO BE USED AS A MUSEUM WITH: ART GALLERIES AND EXHIBITION SPACES, PUBLIC READING AREAS, MULTIPURPOSE ROOMS, BISTRO BAR -CAFE, STUDIO AND SEMINAR CLASSROOMS, A CURATORIAL LIBRARY, SPECIAL EVENT SPACE, AND APPROXIMATELY 220 TOTAL PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00024mu MUSP Analysis.pdf 09-00024mu Zoning Map.pdf 09-00024mu Aerial Map.pdf 09-00024mu Projects in the Vicinity.pdf 09-00024mu Miami -Dade Aviation Dept Letter.pdf 09-00024mu School Board Concurrency.pdf 09-00024mu PAB MUSP Reso.pdf 09-00024v Variance Fact Sheet.pdf 09-00024v Variance Analysis.pdf 09-00024v Variance ZB Reso.pdf 09-00024mu CC Leigslation (Version 2).pdf 09-00024mu Exhibit A.pdf 09-00024mu Exhibit B.pdf 09-00024mu CC 10-22-09 Fact Sheet.pdf 09-00024mu Binder Cover.pdf 09-00024mu Binder Insert.pdf 09-00024mu Table of Contents.pdf 09-00024mu Article I. Project Information.pdf 09-00024mu I.A. Letter of Intent.pdf 09-00024mu I.B. Major Use Special Permit, Special Exception & Variance Applications.pdf 09-00024mu I.C. Zoning Write-Up.pdf 09-00024mu I.D. Zoning Atlas.pdf 09-00024mu I.E. Project Data Sheet.pdf 09-00024mu I.F. Deed-Computer.pdf 09-00024mu I.G. Corporate Documents.pdf 09-00024mu I.H. Directory of Project Principals.pdf 09-00024mu Article II. Project Description.pdf 09-00024mu Article III. Supporting Documents.pdf 09-00024mu III. Tab 1. Minority Construction Employment Plan.pdf 09-00024mu III. Tab 2. Traffic Impact Analysis.pdf 09-00024mu III. Tab 3. Site Utility Study.pdf 09-00024mu III. Tab 4. Economic Impact Study and Environmental Study.pdf 09-00024mu III. Tab 5. Survey of Property.pdf 09-00024mu III. Tab 6. Architectural Drawings Submitted.pdf 09-00024mu-Presentation. pdf LOCATION: Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] City of Miami Page 210 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Art Museum of Dade County Association, Inc., Applicant and City of Miami, a Municipal Corporation, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 7, 2009 by a vote of 9-0. ZONING BOARD: Recommended approval of the Variance on September 21, 2009 by a vote of 8-0. See related File ID 09-00024xc. *See supporting documentation. PURPOSE: This will allow the development of the Miami Art Museum project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0506 Vice Chair Spence -Jones: So let's start with PZ 13. Terence Riley: Thank you, Commissioners. Terry Riley, Miami Art Museum. Lucia Dougherty: Good afternoon, Madam Chairman [sic] and members of the Board. Lucia Dougherty, with offices at 1221 Brickell Avenue. Very pleased to be here on behalf of the Miami Art Museum. You have a very large agenda, so my introduction will be very short. And you have a wonderful presentation that we're going to be presenting in a minute. I just wanted to remind you of a few things. One is that this is a Major Use Special Permit not because we meet any of the thresholds but because every project in a park property has to have a Major Use Special Permit. We also wanted to remind you that while the museum is only 3.5 acres, we have a envelope that you have given us. You've told us exactly how high it could be. You've given us 3.5 acres out of 29 acres that Cooper Robertson is designing. And, in fact, we have not only met that envelope and we've actually -- have a height limitation of 70 feet that we've only used up 56. So with that, I'd like to introduce Terry Riley, who's your museum director. He's going to introduce his design team. Mr. Riley: Thank you very much. Commissioners, we've been before you many times. In a certain sense, we've done it backwards. We've always talked about the details and I'm very happy now to give you an overview of this quite important, quite wonderful building. Our architects, Herzog & De Meuron of Basel, Switzerland, came to notoriety through the redevelopment of the Tate Bankside project, former Power Station, now the museum with the highest attendance in the world, five million visitors a year; the redesign of the giant turbine hall where the former electrical works had been, an astounding project in Hamburg, a symphonic hall being built above an old warehouse, incredible interior, a building in Spain, not only a reused electrical substation in the rear of the slide, but this fantastic vertical garden which has become a signature of these architects and it's being incorporated into our project as well; iconic building on Lincoln Road, 1111 Lincoln Road What would have been just an ordinary parking garage has become a work of sculpture integrating retail as well, very proud workers. Our project -- I'll go briefly through just important issues and not take up too much of your time today. You know the site. The site is an amazing piece of property owned by the City. We are just south of 395, across the expressway from the Pei forming Arts Center and to the north of the EEC (Florida East Coast) slip and the American Airlines Arena. This is the image of Cooper City of Miami Page 211 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Robertson's master plan for the Museum Park. The two buildings in the upper right are placeholders in terms of bulk and size for the science museum closer to the boulevard and the art museum closer to the water. So, in effect, what we're here to talk about today is a MUSP only for that parcel which includes the Miami Art Museum. The plaza is being -- jointly is being designed; Science and the Art Museum are working together. An architect, landscape designer has been selected. It's the firm that did the Highline in New York, which just recently opened to great acclaim. The architects were very inspired by some images such as this of what they saw in Miami, a building that was really designed for this environment, an environment that could be wetter at times than others, and this idea of growing out of the water on stilts influenced the initial design, which you can see in this sketch that was made very early on; a building that consisted of piers, if you will, a deck and a covering welcoming canopy that covered almost the whole site. This is one of the new renderings. It shows you how the design has developed We are at the end of the entire design process. The project is actually on budget, and we're looking forward to finishing the working drawings and hitting -- getting ourselves into the ground this summer -- next summer, sorry. So here's the lowest level, the parking level. Again, this image of stilts that gets the building up in the air. Here the main level platform floating, allowing light and natural ventilation to get into the parking level. It's not going to be a dank, dark box with fluorescent lights. It will have to have some lighting, of course, but we're going for a silver LEEDs (Leadership in Energy and Environmental Design) rating and this will be one of our main features. While the public spaces are on the ground floor, the store, the restaurant, et cetera -- we'll be talking about those in a bit -- on the next level, it's virtually all galleries. We're more than doubling the amount of galleries we have now. The third floor is mainly mechanical 'cause we don't want our neighbors to be looking down onto a roof full of air conditioning units, so it's got the mechanical, education, and offices, and the best space has been reserved for education. And then this canopy that shades the entire site. As you can see from this image, we are at 57 feet above the platform, far lower than the 70 feet that we were allowed, but appropriate for a museum that wants to be horizontal more than vertical. Stunning view from Biscayne Bay, truly a building that will, I think, be identified very much with the city. The approach from Museum Boulevard. This road used to go all the way to the water for a bus turnaround. We've diverted the road to the right, as you can see and brought the park now all the way down to the waterfront and removed a storage that was not well planned for that space. This is what the -- we want people to know they've arrived at the museum when they come into the garage. This is not the usual concrete box. We're trying to bring light, natural air, plantings, et cetera to begin this experience. You arrive up on the platform. You begin to see the vertical gardens. We'll show you those in some detail. The second floor hovers above the first, so you always have views out. You can see Government Cut from the moment you come out of the parking area. How it would appear from the park. Entering from the park. Landscape. In the upper right-hand corner you see there's no longer the bus turnaround. That becomes sculpture garden, maximizing the public's use of that space. On the ground level, you see it here also, but green -- extensive green is being used to screen the car park, making sure that there's no -- or very few incidental views where you can see the cars, but rather very reliably dense and well placed greenery. The most exciting thing, though, I think about bringing the green into the museum is these vertical gardens. These are not some vine that grows up a pole. These are actually tubes that have irrigation within them hanging 40 feet with hundreds of plants inserted into them. You see them in these little -- they're tied together into these areas of ten each. This is done for hurricane reasons. Since they're tied together, if one moves, the other all move against it. We're testing these in Museum Park right now. Here you can see what would be a on -site vertical garden thriving. And I think this will too become a kind of iconic symbol of the building, bringing the garden -- bringing the park into the building. We're retaining all the trees that are on site. They will either be reused or redistributed to other City parks, depending on the use and the timing. Sustainability. The first consultant that was hired was the sustainable engineer. For an art museum to get a silver rating, you have to start from the beginning. That canopy is essential to this -- our LEEDs rating. The red area shows where the canopy has to be the most closed up to keep sun off the building. The white areas in the north show where it's the least required And so you see it isn't really like a kind of standard trellis. It's actually like a piece of City of Miami Page 212 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 lace where a few more stitches makes it more dense here, less dense there and will have a very kind of strong presence. We're talking to FPL (Florida Power & Light) and other entities, but we have space for enough solar cells to provide 400,000 kilowatts per year in electricity, one-third of our budget. We're going to use geo-thermal water to cool the slabs of the areas where people congregate, whether it's the kids education programs, the main entrance to the museum, or the restaurant. This water is 10 to 15 degrees cooler than air temperature at a distance of only 12, 15 feet below grade. Since we have to use piles to support the building, we'll also use them to conduct chilled water into those slabs. We will catch all the rainwater. It will go into a cistern. It will then be pumped out. It will feed and water all of our landscaping, including the vertical gardens. Final image again from the water. When we began working with Herzog & De Meuron, they are renowned. They've won the American Institute of Architects gold medal, the Royal Institute of British Architects gold medal, the Pritzker Prize, et cetera. We were particularly happy they also built the Beijing Olympic Stadium right in the middle of our project so we could tell everyone that those were our architects, and I think that's where they become world-famous. But we're very excited about the project. As I said, on budget at the critical juncture of schematic design phase closing, and we're very much looking forward to the environmental remediation beginning in the spring and the construction beginning in the summer. So be happy to answer any questions you might have. Vice Chair Spence -Jones: Commissioner Sarnoff. Commissioner Sarnoff I move PZ.13. Vice Chair Spence -Jones: We have a motion. Do we have a second? Commissioner Regalado: Second Vice Chair Spence -Jones: Okay. All in favor? Commissioner Sarnoff Is it a public hearing? Vice Chair Spence -Jones: Oh, yeah. At this point, we'd like to open it to the public. I'm sorry Anybody has any comments on this particular issue? Elvis. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street. I have a question -- two questions, but very briefly. Is there any public money being spent on this facility? Commissioner Regalado: Yes. Mr. Cruz: Yes? Okay. At this point, I need to plug in my -- well, I'll tell you what. I'll just read it. The City Attorney -- I have a question for the City Attorney. Do you have a copy of the Comprehensive Plan at your fingertips? Maria J. Chiaro (Deputy City Attorney): Madam Chair, do you wish for me to respond to the question? Vice Chair Spence -Jones: Yeah. Ms. Chiaro: I do have a copy of the Comprehensive Plan. Mr. Cruz: Okay. I'd like to draw your attention to Objective CM 43, and I'll read it for the -- I could plug in but they already have a computer over there. Objective CM 43, minimize the potential for human -- for loss of human life and destruction of property from hurricanes in the coastal high -hazard area. Policy CM 43-1, public expenditures for capital facilities in the coastal high -hazards area will be limited to those required to eliminate existing LOS (Loss of City of Miami Page 213 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Service) deficiencies, maintain adopted LOS standards in non high -hazard areas, improve hurricane evacuation time or reduce the threat to public health and safety from storm events. So I read that and I'm wondering if -- is this proposal inconsistent with that passage from the Comprehensive Plan? Vice Chair Spence -Jones: Madam City Attorney. Ms. Chiaro: That's actually a question for the Planning Department. I think that is a general proposal. It doesn't appear -- although this is not a formal legal opinion -- the project, as presented, itself -- Vice Chair Spence -Jones: Is any -- Ms. Chiaro: -- would be inconsistent with the Comprehensive Plan. Vice Chair Spence -Jones: -- body from Planning that can speak on this? Ana? Ms. Dougherty: While Ana's coming forth, I just wanted to point out to you that we haven't amended -- we aren't seeking an amendment to the Comprehensive Plan. Your Zoning Ordinance, which we do comply with, and your Building Code, which we do comply with and will have to get a building permit also are consistent or have to be consistent with your Comprehensive Plan. Vice Chair Spence -Jones: Okay. Ana, while you're doing -- Lucia, are you guys also going to proffer anything on the record? Ms. Dougherty: Yes. Vice Chair Spence -Jones: Ana, are you ready now? Ana Gelabert-Sanchez (Director, Planning & Zoning Department): I believe so. I'm reading what Elvis just rear, but it refers to capital facilities, so I would tell you I don't think -- this is not in any way violates the Comprehensive Plan. Vice Chair Spence -Jones: Okay. All right. Ms. Dougherty: Yes, Madam Chair. I'd like to make a proffer to -- Vice Chair Spence -Jones: Or do you want to respond -- Ms. Dougherty: Sure. Vice Chair Spence -Jones: -- you have any response to -- Elvis, is there anything else you want to add? Mr. Cruz: Well, what is a capital facility if this is not one? I don't understand how this is not a capital facility. Vice Chair Spence -Jones: Ana, you prob -- you may not want to leave the -- he had a question. Ms. Gelabert-Sanchez: I would say that it would be more of infrastructure. Again, the Comprehensive Plan has a series of policies and objectives, this being one of them. When we review for a change on -- if this was an application that in any way was amending the Comprehensive Plan or doing -- looking at the Comprehensive Plan, you look at all of the objectives. You wouldn't be singling them out. City of Miami Page 214 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay. Commissioner Sarnoff, you have any comments on what Elvis is bringing up? Commissioner Sarnoff.. I'm trying to figure out what a capital facility is. It doesn't sound like a bank, so that's a capital facility to me. I was being facetious. I'm sorry. Mr. Cruz: No, no. I understand. I mean, to me it's a genuine, sincere question. I read that and to me the plain English of it would indicate that we're building a museum in an extremely hazardous place and this policy exists to prevent the City from spending a lot of money to build a very expensive capital facility and put it in harm's way right next to -- I don't know, what, 100 feet from Biscayne Bay. Mr. Riley: Could I offer a couple of observations? We've had our design looked at by our art insurers. They're absolutely satisfied with the position of the museum. That would put them at risk for covering the cost of upwards of 30 millions of dollars and they're very happy to do it. One of the reasons they're happy to do it is that we have no intensive capital improvement below 18 feet above sea level, which is far above the flood plane, far above the FEMA (Federal Emergency Management Agency) requirement. It's actually at the surge of Andrew. So we're quite pleased that our insurers are happy with us. Mr. Cruz: My intent here today was just make everybody aware of this situation. Thank you. Vice Chair Spence -Jones: Thank you, Elvis. Okay. Lucia. Ms. Dougherty: Yes, Madam Chairman [sic]. One of the provisions of our contract is that we have to use best efforts to work with the Miami Works partnership, and we're here today to confirm that we will be doing that. Also, we'd like to proffer that to the extent we use any CRA (Community Redevelopment Agency) money, that the project will get preference for both the jobs and businesses in the CRA. Vice Chair Spence -Jones: Okay. And then I just wanted to make sure -- I know the meeting that we had regarding the committee that was put together regarding the overall project. Remember the community group of people that came together to come up with suggestions and recommendations -- community benefits plan. Ms. Dougherty: Yes -- Vice Chair Spence -Jones: Okay. Ms. Dougherty: -- the community benefits plan. Vice Chair Spence -Jones: I just wanted to make sure that there's some sort of quarterly updates that can be also brought as a part of that. So I wanted to ask -- Mr. City Manager, I know that we're having monitors work with us on the other mega projects, like the Marlins -based project to monitor those projects, but I would like to have the same thing happen for -- this is another major project that can have some sort of fiscal impact on our residents by providing them with jobs or their businesses the opportunity to participate somehow. But 1 would like to see that they are making those best efforts. And I think that if we have this quarterly update that comes in front of us and the monitor working on that as well, we can ensure that that actually happens. Mr. Hernandez: Commissioner, it's actually the plan not only to do the other projects that -- the mega projects, but also do Museum Park and the museums. Vice Chair Spence -Jones: Okay. I just wanted to make sure. And that's the only thing that I City of Miami Page 215 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 wanted to add on. We had a motion and a second on the item, correct? Nathan Kurland. Excuse me, Commissioner. Vice Chair Spence -Jones: Oh, I'm sorry. Mr. Kurland: Nathan Kurland, 3132 Day Avenue. My question is, it's my impression that the Museum of Science has not met its financial responsibilities to have achieved the first tier. How does that affect Miami Art Museum and does it affect it in any fiduciary way? Will more money be required from the City of Miami for the Miami Art Museum because Museum of Science may or may not be constructed? Thank you. Vice Chair Spence -Jones: Good question. Ms. Dougherty: The contract that we have with the City provides in the event that the Museum of Science is not constructed -- and what happens is that we have to do the entire plaza and provide additional parking. That's the consequence of not having the Museum of Science go forward Mr. Kurland: So the City is not going to be responsible for any additional money in particular for the parking lot extension that you're going to have to pay for yourselves? Ms. Dougherty: We have to pay for it. Mr. Kurland: Okay. And that does not include any Miami taxpayer money? Ms. Dougherty: The source of funding is something that I'm not prepared to talk about right now. So -- Vice Chair Spence -Jones: Okay. Mr. Kurland: Is there anyone from the City who could address that issue? We found out this morning that sometimes costs are not what they appear to be -- Vice Chair Spence -Jones: Okay. Mr. Kurland: -- and perhaps someone could address that for me? Vice Chair Spence -Jones: Okay. Mr. Manager, can you address that question or you need him to repeat it again? Do you want --? Pedro G. Hernandez (City Manager): Commissioner -- Vice Chair Spence -Jones: Yes. Mr. Hernandez: -- my understanding is that that's a County responsibility. Vice Chair Spence -Jones: Okay, so -- Commissioner Sarnoff. Yeah. They're responsible -- we have paid to MAM (Miami Art Museum) the 1.7 million that came out of the Homeland Security Bond project. The rest of the money now -- Vice Chair Spence -Jones: Comes from the County -- City of Miami Page 216 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. -- is the 2004 GOB (General Obligation Bond) -- Vice Chair Spence -Jones: -- and their private stuff. Commissioner Sarnoff. -- and their endowment. Vice Chair Spence -Jones: Yeah. So to answer his question, no more City money being put into the project, correct? Mr. Kurland: Then if I might just expand that one more moment. Vice Chair Spence -Jones: Put your name and -- name on the record for him. Mr. Kurland: Oh, I gave that to begin with. Vice Chair Spence -Jones: Okay, go ahead. Mr. Kurland: My question then becomes everyone seems to separate County money from our money. I always thought part of the County money was also our money. City money, it comes from our pockets by way of taxes; County money comes from our pockets to some degree. Is this costing us, the taxpayers of Miami, residents of Miami -Dade County, residents, state of Florida, additional money if the Museum of Science is not brought forward? Mr. Riley: My understanding is if the Museum of Science is not built, we have an added obligation at our own expense to work with the -- for the completion of the plaza and the additional parking. The Science Museum does have $175 million in bond money assigned to it. If the building itself is not built, I'm sure that the site would be rendered in a positive fashion and it would not cost anybody any more money than has already been appropriated or voted on for the bond issue. Vice Chair Spence -Jones: Okay. Any more comments from the public before we close the public hearing? All right. The public hearing is officially closed; it comes back to the dais. Commissioner Sarnoff, you are recognized. Commissioner Sarnoff. Thank you, Madam Chair. Just for everyone's attention, I've met with MAM and I've confirmed with the City Manager that prior to them being provided their actual lease, they have to demonstrate that they are a sustainable organization based on their own operating budgets. Whether they have received any kind of reduction from the County from CDT and TDT (Tourist Development Tax) expenditures, they have to still demonstrate to the City that their newer facility and larger facility, which will require more manpower and more air conditioning, can be operated independent of anything the City does. So I'm going to make sure the City Manager holds them to that obligation in the contract and the same would be said of Science. You've got to be able to demonstrate you can operate. Mr. Hernandez: You're correct, and we'll -- Ms. Dougherty: Commissioner Sarnoff, you said -- Mr. Hernandez: -- make sure that they -- Ms. Dougherty: -- lease. You meant permit. Mr. Hernandez: -- fulfill their obligations. Ms. Dougherty: You said lease. You meant -- I think you meant building permit. By the time we City of Miami Page 217 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 -- before we get our building permit -- Mr. Hernandez: Yes. Ms. Dougherty: -- we must show you a financial plan. Mr. Hernandez: Yes. Commissioner Sarnoff. Sorry. Let the record be changed to "building permit." Vice Chair Spence -Jones: All right. Any other comments on that? Commissioner Regalado, you have any comments before we close on this issue? Commissioner Regalado: No, Madam Chair. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez? Commissioner Gonzalez: No. Vice Chair Spence -Jones: All right. So I believe we had -- Madam City Clerk, we had a motion and a second for this item. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. PZ.14 09-00024xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, FOR THE MIAMI ART MUSEUM MAJOR USE SPECIAL PERMIT, 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 OF "PR" PARKS, RECREATION AND OPEN SPACE (2), TO ALLOW SUPPORTING SOCIAL AND ENTERTAINMENT SERVICES (SUCH AS RESTAURANTS, CAFES AND RETAIL), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT A PORTION OF APPROXIMATELY 1075 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 09-00024xc Zoning Map.pdf 09-00024xc Aerial Map.pdf 09-0024xc Letter of Intent.pdf 09-00024xc Applications & Supporting Docs.pdf 09-00024xc ZB Reso.pdf 09-00024xc CC Analysis.pdf 09-00024xc CC Legislation (Version 2).pdf 09-00024xc Exhibit A.pdf 09-00024xc CC 10-22-09 Fact Sheet.pdf LOCATION: A Portion of Approximately 1075 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Miami Art Museum of Dade County Association, Inc. and the City of Miami, a Municipal Corporation City of Miami Page 218 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval to City Commission on September 21, 2009 by a vote of 7-1. See companion File ID 09-00024mu. *See supporting documentation. PURPOSE: This will allow supporting social and entertainment services for the proposed Miami Art Museum Major Use Special Permit. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0507 Vice Chair Spence -Jones: We move on to item number PZ.14. Iris Escarra: Item 14 is a companion item to Item 13. It's to allow the accessovy cafe at the museum. Commissioner Sarnoff Move Item PZ.14. Vice Chair Spence -Jones: All right. We have a -- This is a public hearing as well, correct? Yes, Madam City Clerk? Ms. Escarra: Iris Escarra, offices at 1221 Brickell Avenue. Priscilla A. Thompson (City Clerk): Thank you. Vice Chair Spence -Jones: All right. Commissioner Regalado: Second Vice Chair Spence -Jones: All right. So we -- this is actually a public hearing, though. Is there any more comments on this issue? All right. The item comes back to the dais. We had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. We move on. Okay. Ms. Escarra: Thank you. Vice Chair Spence -Jones: No problem. END OF PLANNING AND ZONING ITEMS City of Miami Page 219 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-01058 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON CURLY'S HOUSE SITE IN LIBERTY CITY TO FACILITATE A SENIOR CITIZENS' FEEDING PROGRAM. 09-01058 Email.pdf DISCUSSED Direction by Vice Chair Spence Jones to the City Manager to provide a report on the necssary steps for Curly's House to be utilized as a site for assisting seniors and veterans. Vice Chair Spence -Jones: Okay. All right, the only -- I'm the only one that had blue pages. The only thing that I wanted to mention real fast is the Curley House site update, and this is for the feeding program we have for seniors and people -- and vets and people in the area. I know that we talked about the facility that we wanted to utilize. If you can bring me back an official report on what the necessary steps are 'cause I would like to get that moving? City of Miami Page 220 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Pedro G. Hernandez (City Manager): Will do. Vice Chair Spence -Jones: Okay. It's in my district. D5.2 09-01059 DISCUSSION ITEM DISCUSSION ABOUT THE IMPACT ON SMALL BUSINESS REGARDING DERM'S APPROVAL AS A PREREQUISITE ON THE CITY'S ISSUANCE OF A CERTIFICATE OF USE, BECAUSE OF THE COUNTY'S POSITION THAT ALL LICENSES, BUILDING PERMITS, AND CERTIFICATE OF USE OF MUNICIPALITIES MUST GO THROUGH DERM. 09-01059 Email.pdf DISCUSSED Vice Chair Spence -Jones: And we have handled the D5.2, the DERM (Department of Environmental Resources Management) issue. I don't know where Orlando is. Orlando, do --? Pedro G. Hernandez (City Manager): I know that Orlando -- Orlando's been working on it. He's reported to me on it. What I think -- Vice Chair Spence -Jones: Okay, this is a big issue in the district. Mr. Hernandez: -- I'd rather do, Commissioner, is maybe give you a written report, to you and the whole Commission -- Vice Chair Spence -Jones: Is it resolved? Mr. Hernandez: -- on where we are. Vice Chair Spence -Jones: Are we resolving it? Do you want to put something, Toledo, on the record? Orlando Toledo: Orlando Toledo, director of Building and Zoning. I want to say Planning also. Director of Building and Zoning. We have met. We have a running list. I spoke to Leroy this afternoon, and he's going to come back to the office and -- he's going to come back to the office on Monday and we're going to talk again. But again, there's a running list of items or uses that we're not sending no longer to DERM because we realize that all DERM is doing is charging 75 to $150, and at the end of the day, what they bring back to me is a no net increase, which means that there's no increase in sewage. So it is a working list, and we're trying to resolve it. Vice Chair Spence -Jones: Okay, thank you. END OF DISTRICT 5 City of Miami Page 221 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 NON -AGENDA ITEMS NA.1 09-01201 RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE Commissioner COUNTY TO CODESIGNATE NORTHWEST 20TH STREET FROM Angel Gonzalez NORTHWEST 19TH AVENUE TO NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, AS "RUBEN VALDES BOULEVARD OF THE AMERICAS "; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-01201-Legislation. pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0510 Commissioner Gonzalez: All right. Mr. Chairman -- Chair Sanchez: All right. I take back the gavel. I believe we're going to be back at 3 o'clock, folks. We're going to be in recess, but we have -- Commissioner Gonzalez: I need -- Chair Sanchez: -- wait, wait, wait, wait, wait. Commissioner Gonzalez: -- two seconds. Chair Sanchez: There are two -- Commissioner Gonzalez: I need to -- Chair Sanchez: -- resolutions that we're going to -- Commissioner Gonzalez: -- pass a resolution that requires the five Commissioners. Vice Chair Spence -Jones: Okay. One second. Chair Sanchez: All right. It is a point of privilege to Commissioner Gonzalez, two resolutions requiring -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- one, a five -five vote. Commissioner Gonzalez: Okay. It's a resolution of the City of Miami Commission urging Miami -Dade County to co -designate Northwest 20th Street from Northwest 19th Avenue to Northwest 22nd Avenue, Miami, Florida, as Ruben Valdes Boulevard of the Americas; further directing the City Manager to instruct the director of Public Work [sic] to transmit a copy of this resolution to the herein designated offices. Vice Chair Spence -Jones: So -- City of Miami Page 222 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 NA.2 09-01197 District 1 - Commissioner Angel Gonzalez Commissioner Gonzalez: That's my motion. Commissioner Regalado: Second Vice Chair Spence -Jones: Second. Commissioner Gonzalez: All in favor. Chair Sanchez: All right. There's a motion and a second All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 24TH AVENUE FROM NORTHWEST 20TH STREET TO NORTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS "RAFAEL CABEZAS FUNDORA 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. 09-01197-Legislation.pdf 09-01197-Rafael Cabezas Fundora's Biography.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, Samoff, Sanchez, Regalado and Spence -Jones R-09-0511 Commissioner Gonzalez: And my other resolution is a resolution of the City ofMiami Commission co -designating Northwest 24th Avenue from Northwest 20th Street to Northwest -- Vice Chair Spence -Jones: Second. Commissioner Gonzalez: -- North River Drive, Miami, Florida, as Rafael Cabeza Fundora Way; further directing the City Manager to instruct the director of Public Work [sic] to transmit a copy of this resolution to the herein designated offices. That's my motion. Chair Sanchez: Is there a second? Commissioner Regalado: Second Vice Chair Spence -Jones: Second. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right, it passes unanimously. Commissioner Gonzalez: Thank you very much. Vice Chair Spence -Jones: And Mr. Chairman, we want to return back at 3 o'clock? City ofMiami Page 223 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Chair Sanchez: Three o'clock. City of Miami Commission meeting -- Vice Chair Spence -Jones: And there will -- Chair Sanchez: -- stands in recess, 3 o'clock. Vice Chair Spence -Jones: -- not be a shade meeting, just to -- Chair Sanchez: There is no shade meeting. NA.3 09-01203 DISCUSSION ITEM BRIEF DISCUSSION REGARDING GRIEF COUNSELING PRACTICES AT SHOOTING IN OVERTOWN. DISCUSSED Direction by Vice Chair Spence Jones to the Administration for the Police Department to provide a report on the steps taken to provide grief counseling at the scene of incidents involving violent shootings. Vice Chair Spence -Jones: In closing -- any other pocket items? I just have a comment that I want to make to the Police Department before I leave. The chief is here. Priscilla A. Thompson (City Clerk): You don't have a quorum. Vice Chair Spence -Jones: Oh. The quorum is coming. Thank you, guys, for sticking around. I just want to say, in closing -- and I don't want to get too involved into the whole situation, but I did want to at least communicate to the chief -- deputy chief after the incident that took place, the shooting in Overtown. Three things that I really would like to have a report on and have a better understanding of how things are being handled on the streets. And I'm just going to tell you just from my perspective, just a person that was -- just happened to be in the area at the same time, but I really felt that there are some things that need to be handled properly. The first thing, chief I wanted to know from you. I actually arrived before the paramedics got there, okay, which, for about 15 minutes, people laid on the ground waiting for someone to get there, so that was one of the reasons why I was, you know, in the midst of everything that was happening there. But in the midst of all of that, there were a lot of grieving people, you know, over the bodies over what was going on. And to see 14-, 15-, 16-year-old kids, you know, out there on the streets and not having anyone to console them after the area was taped off I thought was -- if this is happening all the time, it needs to be corrected So my question for you on -- unfortunately, I'm - - it appears as though I'm getting more of these kind of violent crimes in my district, unlike the rest of my colleagues -- is that I think it's absolutely necessary for some sort of grief counseling to take place immediately after these shootings. I mean, one of the reasons I had to leave off the dais is that I had the sister, the 16year-old sister of one of the boys that passed way, in the back, you know, and just wanted to talk And I'm just going to say this to you. I didn't see that happening at all, and I want to know from you is that something that is policy? How are you guys addressing that? Because you have a lot of young people and families that are going to be affected from not just this, but all of the other violent shootings that have been taking place. How are you addressing it? Deputy Chief Frank Fernandez: Commissioner, good evening. Frank Fernandez, deputy chief Miami Police Department. Commissioner, first of all, let me express my condolences to the Lowe and Hill family. As you bring this issue up to light again, it's very difficult for them to deal with it. On that note, I would say that on a response time, 12:52 yesterday we got the call -- received the call as shots fired. No one shot. At 12:54 we dispatched a unit, and at 12:58 we arrived on scene. Within six minutes of that call coming in, we got an officer on scene arriving City of Miami Page 224 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 there. Rescue, I don't have those times as far as they get -- you typically get there before we do. In this case, I don't know if they got there. Seems like almost got there at the same time. In terms of mediation and counseling, that location -- and one of the victims lives inside public housing. We do have a great partnership with New Horizons, which they partner up with us for crisis intervention, not just for this, but for anything that happens in the community. That was deployed immediately. Immediately on the scene there, we brought in our liaison officer that works with public housing, along with our neighborhood resource officers. We knocked every door inside of the projects there at the corner. We want to -- and we followed up again today. So our officers were there, boots on the ground immediately canvassing the area, talking to the people, and deploying the New Horizons team that we work very closely with. Our average response time to these calls, if they calls and say someone is shot, we monitor that daily, weekly, and monthly. On a weekly basis, I meet with my majors to find out how long is it taking us to get to an emergency call and to a routine call. This is tracked through our 911 center. And on average, in Overtown, we are taking on nonemergency calls in less than 10 minutes, we're on scene. On emergency calls, it average between two to three minutes. Vice Chair Spence -Jones: Okay. I don't know what happened on that day. I'm just going to tell you what happened -- from my perspective, it didn't happen like that. I mean, literally -- the person that came to pick me up about 12: 45, they kind of drove through the ending parts of the shots. Literally, they came to pick up me and my baby, my nine -months -old baby. When they came to pick me up, I fed my child; I put a Pamper on my child; and I'm telling you, it was at least about 15 minutes before I even started to make it back down the streets after the shots had taken place. So I got on the scene before any of those folks got on the scene, so I don't know where we're getting the time frame from the phone call to me getting there like 10 minutes after 1 Deputy Chief Fernandez: Okay. Vice Chair Spence -Jones: -- but honestly -- and when I got there and I stayed around for a while, and I saw the number of grieving people, including myself I didn't see anybody walking and talking to any of them. So I don't want to make this a big deal. I just -- what I do want to do is make sure that there's some sort of official policy put in place to address the issue because it's almost shameful to see what I was seeing out there and knowing that there were so many people grieving and there's nothing -- I didn't see anything put in place to address them, okay, and that's -- we can go back and forth on it, but I'm just telling you my own personal opinion about what I saw. Deputy Chief Fernandez: So, Commissioner, if you'd like, we think we can meet; we could bring New Horizons to the table so you could express your concerns with them, but I do want to reassure you that our team was boots on the ground out there immediately to provide door-to-door counseling services and mediation as best as we could provide it. Vice Chair Spence -Jones: Well, I just wanted to officially put it on the record to Mr. Manager 'cause I believe I called him thoroughly upset from outside just with how things were being handler, and just to see some of the people that were grieving with their kids laying on the ground and the response that they were receiving from some of the officers -- and I understand that they couldn't pass the tape, you know, but the reality is there's a way to talk to people, and you already know what some of those conversations were with -- some were even City workers that were there with the people from the community and how they were even talked to, and this is like the third time this happened. I don't know what kind of sensitivity training we need, but something needs to happen because a mother should not lose her child and an officer say to them "he's dead anyway." That's shameful. That's shameful. Deputy Chief Fernandez: Commissioner, and I will say this, that -- City of Miami Page 225 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Vice Chair Spence -Jones: Okay, so that's all -- whether or not you want to acknowledge it -- and if a City employee is saying that they said it, I'm going to trust the City employee. That's a problem. We are having a problem in the Police Department when it comes to dealing with the community. Deputy Chief Fernandez: Commissioner, as you heard me on the scene yesterday -- Vice Chair Spence -Jones: You wouldn't want any -- Deputy Chief Fernandez: -- I acknowledged all of them. Vice Chair Spence -Jones: - you wouldn't -- Right -- want anyone to tell you if you ran up on your child that was laying -- Deputy Chief Fernandez: I agree. Vice Chair Spence -Jones: -- in the streets -- Deputy Chief Fernandez: There is no disagreement there. Vice Chair Spence -Jones: -- okay. And I understand how emotional we all could be and not wanting to pass the yellow tape, but they should be treated like human beings. Deputy Chief Fernandez: There's no disagreement, Commissioner -- Vice Chair Spence -Jones: Okay. And to know -- Deputy Chief Fernandez: -- at all. Vice Chair Spence -Jones: -- that I have a City -- several City staffers that witnessed that, that says a lot about what's going on in the Police Department. Deputy Chief Fernandez: Well, Commissioner, just for the record we took a formal complaint; we have them all, and we're going to follow it up, but we have zero tolerance for that. We expect our officers to have -- to be empathetic and sympathetic when those situations come up. Vice Chair Spence -Jones: We need to do more work, Chief because if that's -- Deputy Chief Fernandez: We will. Vice Chair Spence -Jones: -- happening, that's not okay. Deputy Chief Fernandez: I agree, and we will. We'll continue to work at that and make sure they're professional and they deliver the service that needs to be delivered. Vice Chair Spence -Jones: With that being said I just wanted to make sure that I officially put it on record and I ask every single last person to at least file an official complaint, and every single time that anyone is treated that way out to any of these scenes, I want them to write it up because something is vet); wrong. Deputy Chief Fernandez: And they have, Commissioner, and we're going to follow it up. Vice Chair Spence -Jones: Not a problem. With that being said, thank you so much for indulging me, you know -- City of Miami Page 226 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 [Later...] Vice Chair Spence -Jones: Any other comments at all before we close out? Commissioner Regalado: I am glad I joined you about the issue that you were discuss [sic]. I think it's important that this is aired. We cannot keep hiding things that are wrong. People have the right to know, and it's important to be -- air that in public, and I commend you for that. NA.4 09-01195 RESOLUTION District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF PARK RENTAL FEES, IN THE AMOUNT OF $214, FOR THE Tomas Regalado USE OF ROBERT KING HIGH PARK, AND FEES IN THE AMOUNT OF $560, FOR THE USE OF THE CITY OF MIAMI SNOWMOBILE, FOR THE MUNICIPIO ESPERANZA EVENT BEING HELD ON SUNDAY, DECEMBER 13, 2009. 09-01195-Legislation.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0508 Commissioner Regalado: I got a pocket item, and -- Vice Chair Spence -Jones: Sure. Commissioner Regalado: -- it's here. It's a resolution authorizing the waiver of park rental fees for the use of Robert King High Park and fees for the use of the City of Miami Showmobile for Municipio Esperanza, event being held on Sunday, December 13, 2009. So moved Commissioner Sarnoff Second Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. NA.5 09-01204 DISCUSSION ITEM MEMBERS OF THE COMMISSION EXPRESSED APPRECIATION FOR SUPPORT RECEIVED FROM FELLOW COMMISSIONERS DURING THEIR CURRENT TERMS IN OFFICE. DISCUSSED Vice Chair Spence -Jones: With that being said I just wanted to -- you want -- Commissioner Sarnoff You know, it's not on that subject, and I apologize, but -- Vice Chair Spence -Jones: No problem. Commissioner Sarnoff Actually, this is the last time this dais will look like this -- Vice Chair Spence -Jones: Yes. City of Miami Page 227 Printed on 11/17/2009 City Commission Meeting Minutes October 22, 2009 Commissioner Sarnoff. -- and could be the last time we see some people over there, as well. And for those people, this is my first time having interacted with this Commission and this Mayor, and I want to say certainly, it was a learning experience, but it's also been one of the most enjoyable experiences of my life, seeing how government works. Not everything about it is pretty, but I think it's always good-hearted and I think it always tries. It gets caught up in its own inadequacies, but it's been an absolute pleasure with serving with all of you in this capacity. Vice Chair Spence -Jones: All righty. With that being said I want to thank everybody. Commissioner Regalado: And we don't even get a watch. Pedro G. Hernandez (City Manager): No. Commissioner Sarnoff. You might get one -- Mr. Hernandez: Commissioners, thank you. Commissioner Sarnoff. -- you've been here long enough. Vice Chair Spence -Jones: With that being said -- Mr. Hernandez: We do appre -- Vice Chair Spence -Jones: -- the meeting's officially adjourned. Applause. City of Miami Page 228 Printed on 11/17/2009