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Home My WebLink AboutCC 2010-02-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 ,r , e lc IYfi9HP CHAU : ... IR�YD f}...V\ Meeting Minutes Thursday, February 25, 2010 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 25, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Commissioner Suarez and Commissioner Dunn II Absent: Chairman Sarnoff On the 25th day of February 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Marc David Sarnoff at 9: 23 a.m, recessed at 11: 56 a.m., reconvened at 2: 06p.m., recessed at 4:30 p.m., reconvened at 4:40 p.m., and adjourned at 4: 57 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Vice Chair Carollo: Good morning, and welcome to all. The City ofMiami Commission meeting for February 25, 2010 is now called to order. Chairman Sarnoff could not be with us today, so I, Frank Carollo, will be your Chair. Andl am joined by my honorable colleagues, Commissioner Francis Suarez, Commissioner Willie Gort, Commissioner Richard P. Dunn; also on the dais, City Clerk, Priscilla A. Thompson, City Attorney, Julie O. Bru, and we have the presence of our honorable Mayor, Tomas Regalado. Today's meeting has been properly advertised, andl would open it up by asking my colleague, Commissioner Dunn, if he will lead us in a prayer, followed by Commissioner Suarez, if you will lead us with the pledge of allegiance. Invocation and pledge of allegiance delivered. Vice Chair Carollo: Thank you, Commissioners. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00182 PRESENTATION Honoree Presenter Protocol Item Office Depot Mayor Salutes & Miami Regalado Heat Staff Players Officers Jose Mayor Salutes F. Pastor Regalado and Luis Pla Allapattah Haitian Commissioner Relief Effort Gort Abamaster Appreciation Plaque Amaro Food Appreciation Plaque Enterprise Presidente Appreciation Plaque Supermarket National Pallets Certificate of Appreciation Kiko's Certificate Wholesale Inc. of Appreciation Jetro Cash Certificate and Carry of Appreciation Florida Lumber Certificate of Appreciation Family & Son Inc. Certificate of Appreciation I Am Latin Certificate City ofMiami Page 3 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 America of Appreciation Restaurant Rex Chemical Certificate Corp. of Appreciation Genaro Certificate Produce Inc. of Appreciation Next -Port Inc. Certificate of Appreciation Concession Certificate Nation of Appreciation 10-00182 Protocol.pdf PRESENTED 1. Mayor Regalado presented Salutes to Office Depot andMiami Heat Staff for championing the City of Miami's mission to provide a nurturing, joyous, and safe community for children by uniting to entertain over 150 inner-city children at American Airlines Arena for a Miami Heat regular season basketball game. 2. Mayor Regalado presented Salutes to Officers Jose F. Pastor and Luis Pla in appreciation of their outstanding service to the community through exemplary entertainment and crime prevention presentations for senior citizens. 3. Commissioner Gort presented Appreciation Plaques to Abamaster, Amaro Food Enterprise, and Presidente Supermaket in recognition of their generous humanitarian aid to the Haitian Disaster Relief Effort. 4. Commissioner Gort presented Certificates of Appreciation to National Pallets, Kiko's Wholesale, Inc., Jetro Cash and Carry, Florida Lumber, Family & Son, Inc., I Am Latin America Restaurant, Rex Chemical Corp., Genaro Produce, Inc., Next -Port, Inc., Concession Nation, Osvaldo Capote, and Armando Rodriguez in recognition of their important contributions to the community in support of the Haitian Relief Effort. Vice Chair Carollo: We're going to go on now with the presentations and proclamation. At this time, I would like to recognize the Mayor, Tomas Regalado, reference salutes to Office Depot andMiami Heat Staff/Players. Mr. Mayor, you're recognized for the record. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Vice Chair Carollo: And, Madam City Clerk, are there any Mayoral vetoes? Priscilla A. Thompson (City Clerk): No, sir. There are none. Vice Chair Carollo: Thank you, ma'am. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to DEFERRED PASSED by the following vote. City of Miami Page 4 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff ORDER OF THE DAY Note for the Record: The item was deferred to the City Commission meeting currently scheduled for March 11, 2010. Vice Chair Carollo: Mr. Mayor, before we take the non -agenda item, I would like to see ifI could get a motion for the minutes. Commissioner Suarez: So moved. Commissioner Dunn: Second. Vice Chair Carollo: And the motion will be for the January 14 meeting because from whatl saw, the January 28 meeting were not complete. So the motion will be for the January 14 meeting, correct? I have a motion by Commissioner Suarez, seconded by Commissioner Dunn. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no. " Motion passes unanimously. Can I get a motion for a deferral for the January 28 meeting? Commissioner Suarez: So moved. Commissioner Dunn: Second. Vice Chair Carollo: Moved by Commissioner Suarez, seconded by Commissioner Dunn. Any discussion? All in favor, say "aye.' The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no." Motion passes unanimously. END OF APPROVING MINUTES Vice Chair Carollo: That concludes our presentation and proclamation. And at this time I would like to start our regular meeting. Madam City Attorney, if you could read -- please read the procedures for the record? Julie O. Bru (City Attorney): Good morning, Mr. Vice Chair, members of the Commission, Mr. Mayor, Madam City Clerk and the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available at the City Clerk's office. The material for each item that is on the agenda is available during business hours and [sic] at the City Clerk's office and online at Miami -- at www.miamigov.com. Anyone who wishes to appeal any decision made by the Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or any other noise -making devices are allowed in the chambers. Please silence those now. Any person who makes offensive or unruly remarks or becomes unruly will be prohibited from further attending Commission meetings. Any person with a disability or requiring auxiliary aids, please notnj, the Clerk. Thank you. Vice Chair Carollo: Thank you, Madam City Attorney. Andl would like to add to the procedures that you mentioned. As we know, the City ofMiami has adopted Mason's rule of law. City ofMiami Page 5 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 But regardless whether it's Mason's rule of law or Robert's, the consensus is that before any person speaks, they address the Chairman and wait until the Chairman recognizes that person. So I ask my colleagues to please help me and make sure that, you know, it is properly addressed through the Chairman in order to have the decorum and professionalism that this historic building and all of us deserve. And with that said, I definitely do not want to be misinterpreted where I want to hold off or not allow anyone to speak because I think if you've been to any of the meetings, I welcome debate. I welcome discussion. So the purpose of this is just so no one speaks -- or no one tries to speak one over the other and so forth. So I ask my colleagues to please help me with this. Thank you. [Later...] Vice Chair Carollo: Mr. Mayor, I know you have quite a few items, and I'm going to move them up for you. However, before I do -- Mayor Tomas Regalado: No problem. Vice Chair Carollo: -- yeah, give me a second because I want to see how many deferrals we have and so forth so I could get a grasp on the meeting. And at the same time, we got to start trying out the new Manager already. Mayor Regalado: I don't get paid overtime or sick time so -- Vice Chair Carollo: Excellent. Mayor Regalado: -- I'm here. Vice Chair Carollo: Mr. Manager, do you, or any Commissioner, have any deferrals, continuance, or withdrawals? Carlos A. Migoya (City Manager): Yes, Mr. Chairman. We have two deferrals to March 11, CA.1 and CA. 2. Vice Chair Carollo: CA.1 and 2? Mr. Migoya: And 2, yes. And then the withdrawal ofRE.4. Vice Chair Carollo: Hold on one second. Mr. Migoya: Commissioner -- Vice Chair Carollo: The deferrals are CA.1 and CA. 2. Mr. Migoya: Deferrals to March 11. Vice Chair Carollo: And they're to March 11. Mr. Migoya: And then on behalf of Commissioner Sarnoff, we have a withdrawal of RE.4. Vice Chair Carollo: Let's -- Can we take the deferrals first, Madam City Clerk? Priscilla A. Thompson (City Clerk): As far as voting, you mean? Vice Chair Carollo: Yes. City of Miami Page 6 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Ms. Thompson: You can do one of them for all of these -- Commissioner Gort: All together. Ms. Thompson: -- because I think, if I'm not mistaken, your day -- your -- you only have two with a date certain, so the other one is gone. So you can handle them. Vice Chair Carollo: Okay. And -- so CA.1 and 2 is going to be deferred. And I'm sorry, Mr. Manager, the next one -- Mr. Migoya: Hang on. I'm being corrected here my first day on the job. Sony. We have a misunderstanding. We're only deferring to March 11, CA.1, not CA.2. Vice Chair Carollo: That's why I was surprised. Okay. So CA.1 is what we're deferring. Mr. Migoya: Yes. Vice Chair Carollo: To March 11, correct? Mr. Migoya: Correct. We need -- the thing on CA.2, we need to pull it to make an amendment on the record. Vice Chair Carollo: It's a substitute, correct? Mr. Migoya: Yes. Vice Chair Carollo: Yes. We have a deferral of CA.1. What was your second deferral -- withdrawn, Mr. Manager? Mr. Migoya: The other was a withdrawal ofRE.4 -- Vice Chair Carollo: RE.4. Mr. Migoya: -- on behalf of Commissioner Sarnoff. Vice Chair Carollo: Perfect. Give me a second. Anybody else has any --? Madam City Attorney? Julie O. Bru (City Attorney): Yes, Mr. Vice Chair. RE.2 should be withdrawn also. It's moot. Vice Chair Carollo: RE.2? Ms. Bru: Yes. Vice Chair Carollo: Are there any other deferrals, withdrawals, or con --? Commissioner Suarez: Mr. Chairman, I'd like to defer PZ.4 and PZ.5 to the next Planning and Zoning meeting. Vice Chair Carollo: Commissioner Suarez, if we could do the PZ (Planning & Zoning) items separately -- Commissioner Suarez: Sure. Vice Chair Carollo: -- when we do the Planning & Zoning. Thanks. Any other for the regular City of Miami Page 7 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 meeting? Do I hear -- can I get a motion for the deferrals of CA.1 to March 11 and the withdrawals ofRE.2 andRE.4? Commissioner Suarez: So moved. Commissioner Gort: Move it. Vice Chair Carollo: Moved by Commissioner Suarez. Do I have a second? Commissioner Gort: Second. Vice Chair Carollo: Seconded by Commissioner Gort. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no. " Motion passes unanimously. [Later...] Commissioner Suarez: Thank -- one other thing Mr. Chairman, ifI may. I have -- at 2I have to be at the MPO (Metropolitan Planning Organization) for one agenda item. They are making it a time certain item. So if -- I would respectfully request that any PZ (Planning & Zoning) items that are related to my district if they could be tabled until return? Vice Chair Carollo: Not a problem. Commissioner Suarez: Thank you, Mr. Chairman. I'll try to get back as quickly as possible. Vice Chair Carollo: So 2 o'clock, gentlemen? Commissioner Dunn: That's fine. Vice Chair Carollo: Thank you. Commissioner Suarez: Thank you. Vice Chair Carollo: We stand in recess. CONSENT AGENDA CA.1 10-00126 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF TRAN CONSTRUCTION, INC., PURSUANT TO INVITATION FOR BIDS NO. 09-10-002, RECEIVED DECEMBER 1, 2009, FOR THE PROJECT ENTITLED "CORAL WAY MEDIANS LANDSCAPING (SECOND BIDDING), M-0057", FOR A TWO (2) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,664.32, FOR A TOTAL TWO (2) YEAR CONTRACT AMOUNT OF $301,328.64, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $150,664.32; ALLOCATING SAID FUNDS, FROM ACCOUNT NO. 00001.202000.534000; City of Miami Page 8 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 10-00126 Legislation. pdf 10-00126 Exhibit.pdf 10-00126 Summary Form.pdf 10-00126 Bid Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Note for the Record: CA.1 was deferred to the City Commission meeting currently scheduled for March 11, 2010. CA.2 10-00132 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Improvements AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH Program MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR THE PROVISION OF WATER AND SANITARY SEWAGE SERVICES FOR FIRE STATION NO. 13, CAPITAL PROJECT NO. B-60453A TO BE CONSTRUCTED AT 990 NORTHEAST 79 STREET, MIAMI, FLORIDA. 10-00132-Legislation-SUB. pdf 10-00132-Exhibit-S U B. pdf 10-00132 Summary Form.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0088 Carlos A. Migoya (City Manager): Mr. Chairman? Vice Chair Carollo: Yes, Mr. Manager. Mr. Migoya: Just a point of clarification. I think on CA.2 we had talked about pulling it to be heard with the amendment, so I think there's -- we need to do -- as when we pass all the CA (Consent Agenda) items, we need to be able to pull that (UNINTELLIGIBLE). Vice Chair Carollo: It's actually going to be a substitution, I believe. It's going to be a substitution. Mr. Migoya: That's correct, yeah. Vice Chair Carollo: We'll get to it. Mr. Migoya: Thank you. City of Miami Page 9 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: We got it. You know what, Mr. Manager, let's do that now already. Let's see if we can do the CA items, and then we'll have the Mayor bring up his item. So as far as the CA item, we have CA.2. Is there a motion? Commissioner Dunn: So move. Vice Chair Carollo: Moved by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Suarez. Before the vote on adopting items included in the consent agenda is taken, is there anyone present who is an objector that wishes to speak on any item in the consent agenda? Hearing none, the vote on the adoption of the consent agenda will be taken. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no." Motion passes unanimously. Priscilla A. Thompson (City Clerk): Excuse me. I'm sorry, Chair. If I'm not mistaken, we're talking about CA.2 and that is going to be modified. Vice Chair Carollo: I'm sorry. Ms. Thompson: Thank you. Vice Chair Carollo: Since we voted on it, do we have to recon -- no? Ms. Thompson: No. You just -- we just need to state for the record -- Vice Chair Carollo: With a substitute. Ms. Thompson: -- that it is as modified Vice Chair Carollo: As modified Ms. Thompson: Thank you. Vice Chair Carollo: Thank you, Madam City Clerk. City of Miami Page 10 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 9:00 A.M. PH.1 10-00127 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALE OF A CERTAIN CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1436 NORTHWEST 61ST STREET, MIAMI, FLORIDA, TO THE INDIVIDUAL, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE PURCHASE AND SALE CONTRACT ("CONTRACT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CONTRACT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 10-00127 Legislation.pdf 10-00127 Exhibit 1.pdf 10-00127 Exhibit 2.pdf 10-00127 Summary Form.pdf 10-00127 Public Notice.pdf 10-00127 Release of Contract.pdf 10-00127 Pre Legislation.pdf 10-00127 Exhibit A 1.pdf 10-00127 Amendment.pdf 10-00127 Pre Contract.pdf 10-00127 Pre Legislation 2.pdf 10-00127 Exhibit A.pdf 10-00127 Email.pdf 10-00127 Amended Contract.pdf 10-00127 Pre Contract 2.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0085 Vice Chair Carollo: And we're going to be on PH.1. George Mensah: Good morning, Mr. Chair. George Mensah, director of Community Development. PH.1 is a resolution approving the sale of a certain City property located at 1436 Northwest 61 st Street, in Miami, and this is to the individual that is stated in the resolution. Vice Chair Carollo: Okay. Commissioner Gort: Move it. Vice Chair Carollo: I have a motion by Commissioner -- City of Miami Page 11 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Dunn: Second. Vice Chair Carollo: -- Gort. Is there a second? Commissioner Dunn: Second. Vice Chair Carollo: Seconded by Commissioner Dunn. Any discussion? No discussion? Mr. Mensah: Commissioner, public hearing, Mr. Chair. Priscilla A. Thompson (City Clerk): Yeah. You have -- Vice Chair Carollo: Yes, Mr. Mensah. Ms. Thompson: Public hearing. Vice Chair Carollo: Thank you. Anyone from the public wishes to speak on this item? No one from the public wishes to speak on this item? Public hearing is closed. Mr. Mensah, you had -- Mr. Mensah: Yes, Mr. -- Vice Chair Carollo: -- something else to say? Mr. Mensah: No. Vice Chair Carollo: No? You know I have asked what's the original cost of these homes. Mr. Mensah: Yes. Yes, you did. Unfortunately, we had requested the Liberty City Trust provide us that information. Unfortunately, I think they were told by the City Clerk's office that they couldn't retrieve any item from storage, so for that reason we're not able to get the cost. But I have an appraisal here. The appraisal was done on the property six months ago and according to the appraiser, the cost of construction is about $141, 000 and the appraised value of the property is $140, 000. Vice Chair Carollo: Okay. Any other discussion? Any questions? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition has the same right to say "no." Motion passes unanimously. PH.2 10-00128 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT TWO TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DRI CONTRACT BETWEEN MIAMI- DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, TO EXTEND THE CONTRACT FROM DECEMBER 31, 2009 TO JUNE 30, 2010, FOR THE PURPOSE OF PROVIDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $2,000,000, FOR THE REHABILITATION OF MULTI -FAMILY PROPERTIES THAT SUFFERED HURRICANE DAMAGE UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, A/K/A DISASTER RECOVERY City of Miami Page 12 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 10-00128 Legislation. pdf 10-00128 Exhbit .pdf 10-00128 Exhbit 2.pdf 10-00128 Exhbit 3.pdf 10-00128 Summary Form.pdf 10-00128 Public Notice.pdf 10-00128 Letter. pdf 10-00128 Pre Legislation.pdf 10-00128 Master Report.pdf 10-00128 Pre Legislation 2.pdf 10-00128 Master Report 2.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0086 Vice Chair Carollo: PH.2. George Mensah (Director, Community Development): Mr. Chair, PH.2 is a resolution that authorizes the City Manager to extend -- to execute an amendment to the Community Development Block Grant Disaster Relief Grant between Miami -Dade County and the City of Miami for additional six months, from December 31, 2009 to June 30, 2010. Vice Chair Carollo: Thank you, Mr. Mensah. Is there a motion? Commissioner Dunn: So moved, Mr. Chair. Vice Chair Carollo: Motion by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion on the item? I will open up the public hearing. Name and address for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. You know, I am reading here between the lines but when I see Miami -Dade County here and all that, I always worry about Miami -Dade County 'cause, you know, they always want something from us but they never give us nothing. And this is something that's going on from 2005 and now we give an extension. What happened? How much money we get before and (UNINTELLIGIBLE)? It means that that's not being advertising to the people that came, they could qualf for -- to repair homes if they were not repaired by insurance or by FEMA (Federal Emergency Management Agency) or anything. They have to get the people know out there what they are entitled to because these are federal taxes here. Like I say, I don't pay City tax or County tax or whatever, but I pay a lot of money in federal taxes. And this is my money. According to Washington, they take (UNINTELLIGIBLE) in Washington and they send something back to us. So I want to know how come we need an extension? Two million dollars left. How much money was allocated originally for DRI (Development of Regional Impact) ? I want to know. Vice Chair Carollo: Mr. Mensah, I think Mr. Cruz is asking why it's taking so long? City of Miami Page 13 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Mr. Mensah: Mr. Chair, this is a program -- even though it says it's -- the name is 2005 because that's when the hurricane occurred, so this is funds for the 2005 hurricane. The actual contract was not signed until some time in 2008. The requirement is that -- and these are for multifamily buildings -- these owners have to prove that the hurricane, first of all, affected their buildings; and two, they have to prove that they did not get any other insurance. As you know, it's over almost four or five years now since the hurricane occurred and most apartment owners are unable to provide those proofs. We've advertised this program for a long time. Those that were able to prove are those that are on the list that is there and (UNINTELLIGIBLE) allocated. All we are doing is just extending it so that they can complete the work involved. Mr. Cruz: One thing I'd like to say. Sometimes they got all these federal guidelines. You got to know one, two, three, four, five, (UNINTET,TIGIBT,F), the green paper with the blue paper and the red paper. Let the people know some time -- what about all this stimulus, all that money? Sometimes the people don't qualify for the money. They can't qualifi, for the money because they don't know about this. Even jobs. If you have a criminal record, a little thing, maybe you used a credit card 20 years ago, you don't qualify for jobs under federal guidelines. You know, how come? What happened to correction and rehabilitation? Are people supposed to be paying all their life? It's a lot of jobs -- like I said, many people, they don't want a $7.50 an hour job when they make $200, 000 in the corner selling dope. Thankyou. Vice Chair Carollo: Thankyou, Mr. Cruz. Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Yes, Mr. Gort. Commissioner Gort: I did ask the questions when they came up to me to talk about this item, and I think that Mr. Cruz has got a point there. A lot of times -- andl asked how do these people qualify to receive this funding, and there was a procedure that took place, but a lot of people were not aware of that procedure and did not take part. I think we have to be very informative whenever a program like this comes out to make sure that our NET (Neighborhood Enhancement Team) office gives the information out to our people. And sometimes we might have to help individuals fill out the applications because they are complicated. I mean, the federal government, I think they do it on purpose. Vice Chair Carollo: Thank you for your -- Commissioner Gort. Yes, sir. Name and address -- Roy Hardemon: Good morning. Roy Hardemon, 655 North [sic] 48th Street. Andl do agree with Mr. Gort and Mr. Cruz, and the fact is that these projects are multi family hurricane problems in District 5 and on this particular process, I sort of want to commend this young man for keeping it alive. For once, the City ofMiami will do something for District 5 andl appreciate it, andl would appreciate that we continue to do some things between the County -- and like Mr. Cruz say, the County got to step up more into these districts. And l thank you, gentlemen. Vice Chair Carollo: Thankyou. Anyone else from the public wishes to speak on this item? Anyone else from the public wishing to speak on this item? Hearing none, seeing none, the public hearing closed; back to the Commission. Discussion? No? Madam City Clerk, we have a -- Priscilla A. Thompson (City Clerk): A motion and a second. Yes, you do, sir. Vice Chair Carollo: No further discussion? All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 14 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 PH.3 10-00129 Department of Community Development Vice Chair Carollo: Anyone in opposition has the same right to say "no." Motion passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF PREVIOUS YEARS' COMMUNITY DEVELOPMENT BLOCK GRANT CLOSE OUT FUNDS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $1,000,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM OFFICE FOR THE RECONSTRUCTION OF THE LITTLE HAVANA COMMUNITY CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00129 Legislation.pdf 10-00129 Exhbit.pdf 10-00129 Summary Form.pdf 10-00129 Public Notice.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0087 Vice Chair Carollo: PH.3. Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. PH.3 is a resolution recommending the transfer of CDBG (Community Development Block Grant) funds, closeout funds from -- let me go for the record with the activities that we're transferring from and the amounts -- Rockwood Properties, $225, 072; Lot Clearing/Demolition, 65,464; Commercial Facade, $470, 323.73; Section 108 Debt Service, $239,140.27. And that's for a total of a million dollars. Those are unused fundsfrom activities from previous years, and we're recommending the transfer of the million dollars to the CIP (Capital Improvement Projects) Department for the reconstruction of the Little Havana Community Center. Vice Chair Carollo: Thank you, Ms. Blondet. Is there a motion? Commissioner Suarez: So move. Commissioner Dunn: Second. Vice Chair Carollo: Moved by Commissioner Suarez, seconded by Commissioner Dunn. Any discussion? Public hear -- Anyone from the public wishes to speak on this item? The public hearing is now closed; back to the Commission. No further discussion? I'd like to say that, Commissioners, first of all, it's a million dollars and usually, you know, if Commissioner Sarnoff -- or Chairman Sarnoff would have been here, he would have said, Commissioner, once -- he always has these phrases or a way of saying it. He would say if you want something passed and you're going to get it passed just don't keep talking about it. But you know, I'm not always the best -- you know that I rock the boat every once in a while. So with that said, I do like to say that, you know, this amount, it may not be the whole $1 million. It may be up to, so actually, we might be able to do what we want to do with a lot less. And at the same time, what we're doing here is a building that used to be a NET (Neighborhood Enhancement Team) office was closed City of Miami Page 15 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 down for over three years due to a fire. And then the City obtained leased property, so we're paying now a lease for the NET office and, you know, it's just unheard of. And this is something that as soon as I came here to the City I wanted to do. I wanted to fix up that building and make it a NET office, make it into a community center and stop paying lease -- stop paying a lease. So you know, I thank all of you. And with that said, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no." Motion passes unanimously. Ms. Blondet: Thank you. END OF PUBLIC HEARINGS City of Miami Page 16 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 ORDINANCE -FIRST READING FR.1 10-00191 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT" BY CHANGING THE AMOUNT OF THE CIVIL PENALTY FROM $1000 TO $500; MORE PARTICULARLY BY AMENDING SECTIONS 42-121 AND 41-122; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00191 Legislation FR/SR.pdf 10-00191 Cover Memo FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez Direction by Vice Chair Carollo to the Administration to place the second reading of Item FR.1 on the City Commission agenda currently scheduled for March 11, 2010. Vice Chair Carollo: (INAUDIBLE) meeting. I think we have two more items in the regular meeting, so how about hearing -- going in order -- the order of the day and taking first reading number 1, FR.1. Julie O. Bru (City Attorney): Mr. Chair, FR.1 is an ordinance that will amend an existing ordinance which provides for a program. It's called the Vehicle Impoundment Program that the City has. It has not been enforcing the provisions of this program because of a lawsuit that was filed, but we have, since the lawsuit, corrected all the deficiencies in the ordinance. We're ready to go again. It is up to the Police Department to actually implement it, but there was one more recommendation coming out of my office, and that was to reduce the penalties from 1,000 to $500. Commissioner Gort: Move it. Vice Chair Carollo: Excellent. There is a motion by Commissioner Gort. Is there a second? Commissioner Dunn: Second. Vice Chair Carollo: Seconded by Commissioner Dunn. Any discussion? I'm going to open up a public hearing. Anyone from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing none, the public meeting [sic] is closed; back to the Commission. Any further discussion or any discussion? This is an ordinance. Madam City Attorney, please read the ordinance for the record. Ms. Bru: Thank you, Mr. Chair. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. City of Miami Page 17 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Ms. Thompson: The ordinance has been passed on first reading, 3-0. Vice Chair Carollo: Thank you. Madam City Clerk, I have a question. Ms. Thompson: Yes, sir. Vice Chair Carollo: I'm sorry. Madam City Attorney. I'm sorry. Ms. Thompson: Okay. Vice Chair Carollo: When do you expect the VIP (Vehicle Impoundment Program) program to be reinstated? Ms. Bru: Legally, we have to wait now for this -- well, we would recommend that you wait until this ordinance comes back to you for second reading so that we have the fines adjusted per our recommendation. As far as the police having the, you know, infrastructure in place, there would need to be a special master proceeding that has to be established. I know that the police legal advisor is working with the Police Department, with the chief in getting this program off the ground again. Vice Chair Carollo: Thankyou, Madam -- Ms. Bru: I can't give you a date, though. Vice Chair Carollo: -- City Attorney. Madam City Clerk, in order for this -- for the second reading to come up in our next meeting, wouldl need a motion to direct you all to bring it up for second reading in the next meeting or how --? Ms. Thompson: Actually, we would have -- I'd have you address that with the City Attorney's Office. Vice Chair Carollo: Madam City Attorney. Ms. Bru: You could direct that it be brought back to you at -- Commissioner Gort: Next meeting. Ms. Bru: Well, we don't have time to bring it back, I think, on March 11. Well, you know, we're going to print next week. I think -- Vice Chair Carollo: Yes. Ms. Bru: -- we do. Yes, yes. Vice Chair Carollo: Yes. Ms. Bru: All right. So we will bring it back to you on March 11. Vice Chair Carollo: Do you want me to do it via a motion? Ms. Bru: No, no. You just direct us to do that. We'll place it on the agenda March 11. Vice Chair Carollo: Excellent. Thankyou -- Ms. Bru: Thank you. City of Miami Page 18 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: -- Madam City Attorney. Thank you, Commissioner Gort. END OF FIRST READING ORDINANCE City of Miami Page 19 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 RE.1 10-00130 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH RIZO CARRENO & PARTNERS, INC., FOR THE PROVISION OF MISCELLANEOUS ARCHITECTURAL SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE PSA FROM AN AMOUNT NOT TO EXCEED $500,000 TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,000,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS. 10-00130 Legislation. pdf 10-00130 Exhibit.pdf 10-00130 Summary Form.pdf 10-00130 PSA.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez R-10-0089 Vice Chair Carollo: I think the last item on the regular agenda is RE.1. Priscilla A. Thompson (City Clerk): That's correct. Ola Aluko: Good afternoon. Ola Aluko, director of Capital Improvements, City ofMiami. The resolution we bring before you, Commissioners, is a resolution to approve amendment number one to the professional services agreement with Rizo Carrel & Partners for the provisions of miscellaneous architectural services. This resolution will increase its current contract from $500, 000 to a not to exceed $4 million contract. Vice Chair Carollo: Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: So moved. Second. Vice Chair Carollo: Moved by Commissioner Gort, seconded by Commissioner Dunn. Any discussion? Mr. Aluka [sic], as you know, I'm not a big fan of when we move -- andl know you don't want to call it a change order and so forth but, you know, you're asking for an additional $500, 000, correct? Mr. Aluko: In the capacity to this particular contract, yes. Vice Chair Carollo: But the capacity really means that they can -- you have those funds allocated to this company should they, you know -- should you give them the job or so forth. The bottom line is they have up to $500, 000. City ofMiami Page 20 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Mr. Aluko: That is correct. And ifI may add, Commissioner, there are two other firms which we have not used their capacity, so it will be as if we are shifting their capacity to this particular firm capacity. Vice Chair Carollo: What are those two firms? Mr. Aluko: We have Jetson and Associates architectural firm and also -- Spillis -- I'm sorry. Their new name is AECOM. Vice Chair Carollo: When we spoke yesterday, you couldn't tell me when the Commission voted to allow these firms to do the work. Do you have the date of when the prior Commission voted for these firms to have the capacity? Mr. Aluko: Actually, I did go back to research, Commissioner. The Commissioner [sic] particularly did not vote for this one. It was on the expedite resolution. However, the contract was executed on March 9, 2009. Vice Chair Carollo: Okay, but I'm not understanding. Did the --? 'Cause you're saying that another company -- and you mentioned both of their names. I'm sorry, I didn't remember both of their names, but you mentioned these -- both of these companies, the Commission actually allocated the fundings [sic]. And that's why they're not going to use this, so we're going to bring it to this next company. Mr. Aluko: That is correct, Commissioner. Vice Chair Carollo: But my question specifically is did the prior Commission vote to allocate funds to these companies? Mr. Aluko: Yes, Commissioner. Vice Chair Carollo: Yes, they did? Mr. Aluko: Yes, they did. Vice Chair Carollo: For the amount of 500, 000? Mr. Aluko: That is correct. Vice Chair Carollo: My last question. The company that we're allocating the fundings [sic] to should it be approved, how do we know that we're getting bang for our buck? How do we know that they're going to be efficient with our monies and --? Mr. Aluko: They have already proven -- they have done three -- over $300, 000 worth of work for the City already. They have proven to be very effective, efficient, and more importantly, proactive to the City's needs. They are a very reputable company in town. That's why they were selected as part of our selection committee, and most importantly, they are put to the test when their projects are actually in construction, which we have a few already. When we do -- when we can keep our change orders below a 2 percent industry standard, then we've known that not only has the project manager overseeing the construction [sic] done his job, but most importantly, the company has done a very well design. Vice Chair Carollo: Let me ask you something, do you know as -- I'm sorry, Mr. -- Commissioner Gort, do you want to speak on it? Commissioner Gort: Mr. Chairman, I'd like -- City of Miami Page 21 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Go ahead, Mr. Gort. Commissioner Gort: -- to ask a question because I asked something very similar and they were going to come back with the study of all the work that has been done by this company. Now let me see ifI can understand this a little better. My understanding is the City ofMiami Commission and the past Administration allocated "X" amount of funds to do "X" amount of work, selected "X" amount of company in a rotation basis. Mr. Aluko: That is correct. Commissioner Gort: And then as this company performed the work, they can be (UNINTELLIGIBLE) but never exceed the cap that was put. There's a cap. Mr. Aluko: That is correct, not to exceed the cap. Commissioner Gort: In other words, there's an allocation that was placed for all of those performance. They might not have used it all, but they cannot go beyond that cap. Mr. Aluko: They cannot go beyond that cap. That's correct. Vice Chair Carollo: Just remember that's what happened in the last Commission meeting when we allocated an additional $250, 000 to -- so that's why I'm constantly asking. Carlos A. Migoya (City Manager): Mr. Chair? Vice Chair Carollo: I'm sorry. Mr. Manager. Mr. Migoya: Just to clam the actual numbers. Those four agency -- those four firms were $500, 000 each for a total of $2 million. Vice Chair Carollo: Mr. Aluka [sic], is that the figure? Mr. Aluko: Yes. That is correct. Each firm received a cap of $500, 000 and the two firms I mentioned earlier, we have not used their 500 -- their cap -- their allocations and we have no intention of using it. Vice Chair Carollo: And again, there was a prior City Commission that approved those caps for those other two firms. Mr. Aluko: Via the expedite resolution -- I mean -- I'm sorry, via the expedite ordinance, yes. The prior City Commission did approve that. Vice Chair Carollo: Via the expedite ordinance, which meant that the City Manager, at his discretion, could allocate fundings [sic] to the various firms. Is that correct or no? Mr. Aluko: Yes. The expedite ordinance gave authority to the City Manager to award contracts on an expedite basis. And as long as the City Manager, one, reports back to Commission to advise the Commission that these were the contracts that he has awarded and, two, that whenever we do do solicitations and -- well, in this case, it's a professional service, but if it was in a construction solicitation, that we had at least a minimum of three bidders for a particular project. In this case, it's professional services, but nevertheless, though, the Commission was aware of the award of these contracts back in 2009. Vice Chair Carollo: So, in essence, they didn't vote for the contract. What they voted for the City ofMiami Page 22 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 expedition allowing the City Manager to -- Mr. Aluko: That is -- Vice Chair Carollo: -- at his discretion, do the fundings [sic] and then the only thing the Manager has to do is bring it -- Mr. Aluko: Report -- Vice Chair Carollo: -- back to the Commission just to inform. Mr. Aluko: That is correct. Vice Chair Carollo: Mr. Manager. Mr. Migoya: So in holistic terms, the expectation of work was not going to be more than $2 million, 4 or $500, 000 apiece. Two of these firms were never used, one for (UNINTELLIGIBLE) and one for pricing. Now we're down to two. This one, as I understand it, has done a really good job and the Administration would like to use them beyond the 500, 000. So in a sense, what we're doing is we're going from two million dollars down to a maximum of a million five. And as a matter of fact, the other firm is right around 300. Ola, is that correct? Mr. Aluko: That is correct, Mr. Manager. Mr. Migoya: So we may not even use the whole million five, but the bottom line is this whole commitment, which is your concern, instead of being increased incremental is actually going from two million down to a million five by this -- Vice Chair Carollo: One more question. Do you know if this company has a multiplier with the County or with the State? Mr. Aluko: Yes. All of our firms have multipliers, Mr. -- I'm sorry, Mr. Chair. Vice Chair Carollo: Do you know what the multiplier is with the County and with the State? Mr. Aluko: The multiplier is a 2.9 multiplier, which is standard with all of our firms. Vice Chair Carollo: Yeah, but that's with the City ofMiami. Mr. Aluko: Oh, I'm sorry. You're asking if they have one with the State or --? Vice Chair Carollo: Yeah. 'Cause it clearly says here should the consultant have an approved multiplier with the State of Florida or Miami -Dade County, the City may elect to utilize these multipliers should they be less than the above stipulated. So in other words, if they have a multiplier less than 2.9 with the County and with the State, we may elect, which I think we should, with the lower amount multiplier. Mr. Aluko: That is correct. Again, I can attest to that. I personally do not do the contracts. I do have staff that does that. However, during our selection process, once a firm is brought on board, we ask them for the multipliers that they're using with other agencies. If we do find out that a multiplier that they use with another agency is lower than the average that we're using, we will use the lower multiplier. Vice Chair Carollo: I understand that. I'm just asking has anyone checked, and if someone's checked, who has? City ofMiami Page 23 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 RE.2 10-00163 District 5 - Commissioner Richard Dunn II RE.3 10-00166 District 1 - Commissioner Wifredo (Willy) Gort Mr. Aluko: My staff would have done that as far as their due diligence. A contract would not be awarded without that check and balance. I can attest to that that they've checked. Vice Chair Carollo: So you can attest so -- I mean, I haven't checked, but ifI check now and they have a multiplier smaller than 2.9, then I'll be coming back to you and saying you gave me your word. Mr. Aluko: You can come back. I have every confidence in my staff to do that. Vice Chair Carollo: Okay. That's all whatl wanted to hear. Mr. Aluko: Thank you. Vice Chair Carollo: With that said, any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no." Motion passes. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM EL CARNAVAL DE BARRANQUILLA, ON FRIDAY, FEBRUARY 19, 2010, FROM 9:00 P.M. THROUGH 3:00 A.M., AT 140 NORTHEAST 39TH STREET, MIAMI, FLORIDA. 10-00163 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-82(A), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CLASSIFYING TWELVE (12), 2003 FORD CROWN VICTORIA POLICE INTERCEPTORS, AS DESCRIBED IN "ATTACHMENT A", ATTACHED AND INCORPORATED, AS CATEGORY "A" SURPLUS STOCK; SELLING SAID VEHICLES TO THE CITY OF SWEETWATER, IN THE AMOUNT OF $500 EACH, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 10-00166 Legislation. pdf 10-00166-Attachment A -SUB.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 24 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0084 Vice Chair Carollo: Mr. Mayor, again, give me a second. I think Commissioner Gort wants to move up a motion, andl think it's due to personnel that needs to go back to work. So Commissioner Gort, you're recognized. Commissioner Gort: I'm looking for the -- it's the Sweetwater. Priscilla A. Thompson (City Clerk): That would be RE.3. Commissioner Gort: RE.3. Resolution, RE.3. Vice Chair Carollo: Is someone coming to address RE.3? Larry Spring: Mr. Chair, Larry Spring, chief financial officer. RE.3 is a resolution of the City of Miami Commission pursuant to Section 18-8 -- -82(A) of the Code of the City ofMiami, as amended, classing twelve 2003 Ford Crown Victoria police Intercepters, as described in "Attachment A, " as surplus; selling said vehicles to the City of Sweetwater in the amount of $500 each, upon the execution of the appropriate release documents. Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Commissioner Gort, you're recognized. Commissioner Gort: The reason I brought this forward, my understanding is that this is something that I inherit. My understanding is the Commissioners had voted on this June of last year, and for some reason it was not taken -- because of some of the things that happened, it was not brought to the Commission for the reading and that's why I'm brining it up today. Am I correct? I mean, this was something that was brought up in June some time last year. Mr. Spring: That's -- Vice Chair Carollo: Mr. Spring. Mr. Spring: Mr. Chair, I'm sorry again. Commissioner Gort: We have the chief of police here if you want him to -- Vice Chair Carollo: I'm sorry? Yeah. Mr. Spring: The chief of police of Sweetwater. Vice Chair Carollo: Right, but -- yeah, but I would like to -- I would have liked to have heard something -from our Administration -- Commissioner Gort: Sure. Vice Chair Carollo: -- first say that, 'yeah, it was brought up." Mr. Spring: This is an item, again, that was brought up to the prior City Manager, through the prior -- I think through the prior district Commissioner's office. I guess -- and I personally did not work on the item, but through the course of actions, the budget and the summary was not brought to City Commission so -- City ofMiami Page 25 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Right. 'Cause obviously, my question is, on something like this, why wasn't it brought back then? Why are we waiting, you know, this long and -- Mr. Spring: Okay. Vice Chair Carollo: -- not to mention that I've received the e-mails (electronic) and, I mean, $500 per car. You understand. Mr. Spring: I do, sir. And -- Vice Chair Carollo: It seems that we're -- I don't want to say that the City of Miami's already starting a fire sale because I definitely would oppose any fire sales by the City ofMiami. But it does appear that those cars are, you know, in a fire sale, $500 per car. And actually went out there to see them. One of them only has 58,000 miles. So I'm just, you know, questioning. Mr. Spring: Mr. -- may I? Vice Chair Carollo: Go ahead, Mr. Spring. Mr. Spring: Through the Chair -- I'll say through the Chair. Mr. Chairman, we can -- I would say we generally agree with you that we do not -- we're not trying to establish an issue of a fire sale. Typically with the auction of all of our fleet cars as they come off line, we go through a -- an auction process. We have an auction that is upcoming in, I think -- believe in the month of March. I think with regards to these cars, this was a -- more of a collaboration between two governments, you know, set out by the two -- you know, the district Commissioner working with the City of Sweetwater in an attempt to help, you know, a city partner. I think at this time all around -- everybody's having some difficult financial issues, including ourselves. And this is our attempt to, you know, do something, I guess -- our contribution to our political and our municipal partners in the County, not to establish a fire sale. So -- Mr. Migoya: Mr. Chairman, just as I understand it, the original -- what they wanted originally was for us to just surplus the cars and give it to them for free. So this is why it took a while to get it -- I mean, as meaningless as $500 is, it would have been -- Vice Chair Carollo: No. Mr. Migoya: -- what they wanted was less than that. Vice Chair Carollo: No, I understand, Mr. Manager. But if we're really discussing it with $500, what do you think would have happened when it would have been for free? Mr. Migoya: I'm in agreement. Vice Chair Carollo: So it could have been that originally it was for free, but you get my drift. With that said, I think the chief of police from Sweetwater is here. Do you want to address the Commission? Commissioner Gort: If you want to have any additional questions, we have somewhere here from the City also. Vice Chair Carollo: If you could just be -- you know, go through the Chair and just ask to be recognized, Commissioner Gort. I'll let you speak as much as you want, but -- chief? And by the way, I'll open up to a public hearing then. So I'm just going to open it up to a public hearing. City ofMiami Page 26 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Roberto Fulgueira: Mr. Chairman, Commissioners -- Vice Chair Carollo: Welcome, by the way. Mr. Fulgueira: Thankyou, sir. Thankyou. I'm just here -- as Commissioner Gort said, this has been going on for close to a year, I would say, and -- Ms. Thompson: Excuse me, Chair. I apologize. I need a name for the record. Mr. Fulgueira: I'm sorry. Commissioner Gort: Name and address. Mr. Fulgueira: Roberto Fulgueira, City of Sweetwater Police Department, chief of police. Vice Chair Carollo: And an address? Maybe the police head -- Mr. Fulgueira: 500 Southwest 109 Avenue, Sweetwater, Florida. Vice Chair Carollo: Thankyou, chief and please continue. Mr. Fulgueira: As I was saying, this has been going on, back and forth, approximately a year. What the City Manager is saying is correct. We asked -- as surplus vehicles, as it has been done in the past, if we can -- we really had a bad issue. We purchased brand-new Intrepids -- or a whole fleet of them. And, wow, was that a mistake. I mean, these cars, a year later, they were done with. So we really got in a bind. And we came to the Commissioner and asked him at the time, which is our present Mayor -- and we came to him and asked him reference the surplus. I sat with the City Manager. I sat with the director of Fleet at that time. And we came to an agreement that they couldn't give it to us, but they can sell it to us at -- if we would take them the way they were; they didn't have to strip them. And since it's a police department, we'd have to strip 'em and put our own name on it, and our colors and everything else, that they wouldn't have to take the cages out of them or -- because the new cars that come in, actually those cages don't fit them. So that -- there was a savings to the City in that aspect. Therefore, we came down to agree that $500 a car. And a lot of those cars do have over 100,000 miles, Commissioner. I believe there's only one that has 50-some plus. Vice Chair Carollo: Yeah. I actually -- I went to see all of them. And you know, one -- there's only one that has 58,000. Mr. Fulgueira: Yes, sir. Vice Chair Carollo: But there's -- not all of them are over a hundred. I think half of them are under a hundred. Still high mileage. Mr. Fulgueira: Yes, sir. Vice Chair Carollo: But still, I mean, possibly -- And again, chief I mean, I'm a former law enforcement officer. Mr. Fulgueira: I'm aware of that, sir. Vice Chair Carollo: And in all fairness, you know, I understand the brotherhood. Mr. Fulgueira: Yes. City of Miami Page 27 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: But at the same time, you know, I'm looking out for the City. And right now, you know, we're in dire needs of help ourselves. So that's why, you know, we --I think, you know, we're watching our dollars a little bit more, and watching, you know, what we sell or don't sell, or keep. Because in all fairness, I think due to various union contracts, we can't use those vehicles for police, but we may be able to bring it into other departments and use those vehicles. So that's why I'm asking. I mean, you know, the e-mails (electronic) are there. Andl don't know. I don't know what the will of this Commission is. At the same time, I mean, maybe if we, you know, raise the price -- I don't know what's the market value of those vehicles, but maybe if we could raise the price a little bit and -- you know, maybe we could come up with some compromise. I don't want to be here negotiating, but you know, it's a suggestion. Unidentified Speaker: Excuse me. Vice Chair Carollo: Mr. Marcos. Glenn Marcos: Commissioner, Glenn Marcos, Purchasing director. I kind of feel compelled to go on the record because I think you're alluding to some communications that was involved in. Unfortunately, I was involved towards the latter half of the communications 'cause I was not aware of the sale of these vehicles for $500. Whatl can tell you is that, yes, the previous City Manager tried to bring up an item to donate the vehicles. At that particular point in time, it was back in June, in which I went on the record. As one of the financial or fiscal stewards of the City, I felt that donating the vehicles at that particular point in time was not -- would not be fiscally prudent. Obviously, I made policy recommendation to the City Commission. The City Commission has to decide whether you will want to accept it or not. At that particular point in time, what I can say is that we were in the middle of preparing a budget, and pretty much foresaw the numbers that were -- that we were dealing with. What I can tell you today is, is that it's my understanding that there was an agreed, probably informally, amount of $500 to sell those cars on a per -vehicle basis. It was my position, and it's still my position as your chief procurement officer, who's trying to bring in the most revenue to the City and save the City some dollars, that it is my policy recommendation that if the City of Sweetwater wants those vehicles, that they can participate in our auction, and they can compete for those vehicles. However, that is my policy recommendation. I also would want to state for the record that if the City of Sweetwater is going to take those vehicles -- andl still don't think it's fair market value -- or at the very least, I think it's fair to say that let fair market be -- fair market value be established through a public auction. But if it's not going to be that, it's my recommendation that at the very least we end up having an agreement with the City of Sweetwater that if they're going to take those vehicles for $500, that they're not to sell those vehicles for a certain period of time because then they can make off money, almost six months later, by selling those vehicles. Once we let it go, we let it go. And so, again, those are my recommendations. My recommendations is, is that I believe that the City of Sweetwater should participate in public auction and compete for it. But this is my recommendation to you. The Commission would have to decide what policy it wants to set forth. Thank you so much. Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: Mr. Chair, thank you. In your estimation, sir, what would you consider to be fair market value, roughly, give or take? Mr. Marcos: Commissioner Dunn, a very good question. Based upon previous auctions, depending on the condition of the vehicle, you have seen those vehicles go twice as much or three times as much than the $500 that's been established, meaning anywhere between 1,000 to $1, 500. And that includes the fact of the Department of GSA (General Services Administration) strips the equipment before it's auctioned off. Commissioner Dunn: So even at bare minimum -- with the bare necessities or amenities of a City of Miami Page 28 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 car, basic, it would be roughly between 1,000 and $1, 500? Mr. Marcos: Yes. So what you're looking at is if you take in account 12 vehicles, multiply that by the $500 set price, you're looking at $6, 000 versus anywhere between 12,000 to $14, 500. Mr. Migoya: Yeah, but -- are we talking -- there's also a -- Vice Chair Carollo: Mr. Manager -- Commissioner Gort: Through the Chair. Mr. Migoya: Sorry. I need to be -- Vice Chair Carollo: I know it's your first day. Mr. Migoya: I apologize. Sony. Sorry, Mr. Chairman. Vice Chair Carollo: If you could just address the Chair before speaking. Mr. Migoya: Thank you, Mr. Chairman. Vice Chair Carollo: And you have the floor. Mr. Migoya: Thank you very much, Mr. Chairman. Isn't there also -- there is at least an auction cost? Mr. Marcos: There is, but -- Mr. Migoya: And there's a cost of removal of the equipment, as well, right? Mr. Marcos: There -- that's a question that I think that GSA would have to go on the record. But what I can say is, is that the cost -- there is an auctioneer's cost, but we don't necessarily pay that. The consumer who's buying -- Mr. Migoya: Yeah, but the net of the price. Mr. Marcos: It's -- Mr. Migoya: When you say 1,000 or 1,500, you net the price on the auction. Mr. Marcos: That person who's buying the vehicle -- Mr. Migoya: Not over and above the price. It's part of the sales price. Trust me, I know. That's part of my business. And so when you say you buy a car for $1,000, the auction price nets the deduction from that price. It's not in addition to. Mr. Marcos: I think our contract -- Mr. City Manager, I would have to double-check that. But would want to say that they pay -- Mr. Migoya: Please double-check it 'cause it's usually netted out on that cost. And then in addition to that, you got the additional cost. The -- just -- Mr. Chairman, the Administration -- and again, this is prior to my time. I'm just going through -- the support from the Administration comes from the fact that there is a cost of removing the equipment, and there's also an auction cost. And we may be 100 or $200 off when you net out all those costs, and the price that we had was somewhere around 1,000, and you might be able to give a better opinion on that, so I'd like City of Miami Page 29 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 you (UNINTELLIGIBLE) but it was between 1,000 and $1, 200, but when you net out all the different costs, you probably were closer to the 5 to $700 level. But please, if you don't mind (UNINTELLIGIBLE) -- Kelly Barket (Director, General Services Administration): Yes. Kelly Barket -- Vice Chair Carollo: Kelly -- Mr. Barket: -- director of GSA. Vice Chair Carollo: I'm sorry, I'm sorry. Can you please address the Chair first? Mr. Migoya: Sorry. Mr. Barket: Chairman. Vice Chair Carollo: And Mr. Barket. Mr. Barket: Kelly Barket, director of GSA. The City Manager is correct. The cars do go -- and I concur with the Purchasing director -- do sell for about 1,000 to $1, 500. However, these cars have not been stripped. They're currently in its original state as police pursuit vehicles. The sale of $500 would be in conjunction with not stripping them down to be prepared, which would be another 350 to $500, and that would also concur with an additional overtime cost with staff being there to also assist in the auction sale. So it would break out about approximately what the City Manager is saying. Vice Chair Carollo: So what you're saying is that in order to strip those vehicles -- in other words, because you're allocating a cost based on the stripping. Mr. Barket: Yes, sir. Vice Chair Carollo: That's like now asking the City Clerk or someone from my -- from the Administration if they could go get something or if they could do something. Now I start allocating what they charge us per that time to do that work because, in all fairness, these are City employees. Are you saying that all City employees are at maximum capacity, so they don't have any free time to be working on some of those vehicles and actually removing the pieces? Are you saying that all your employees are at maximum capacity? Mr. Barket: No. What I'm saying, Commissioner, is we would take mechanics that are regularly doing mechanic work to now prepare and prep the vehicles for the auction. Since they are police pursuit vehicles, we would have to de -stripe them, take the sirens, the light bars off and then prep them for auction purposes. So to do that -- we don't have staff that prepares that on a daily basis. We would take regular mechanics who are doing their regular jobs to go ahead and prep those vehicles for the auction. So the time would be allocated toward the prepping of the vehicle. Vice Chair Carollo: And those mechanics are at maximum capacity now? Mr. Barket: Yes, sir. Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Commissioner Gort. Commissioner Gort: I've just been handed information, maybe you can collaborate this, that the City of Miami Page 30 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 vehicle that has 58,000 miles has got transmission problem. I don't know if -- Mr. Barket: Yes, sir. That is true. The one with 58,000 miles does have transmission issues with it currently. And there are several over 100,000 miles, and they are police pursuit, so they're not quality vehicles at this time, and they've been in service for over seven years. Vice Chair Carollo: Well, I'm not a mechanic to know if it's got transmission problems or not, to be honest with you, but could tell you this. There's a reason why the City of Sweetwater wants these vehicles. They have to have some type of good value 'cause if not, I don't think they would spend time to come here and request those vehicles. Andl don't -- I don't know. Maybe 500's not the amount. Maybe 750. And you know, that way, yeah, we're not getting 1,000 or 1,500, but we're getting a little bit more. I don't know. It's whatever the will of this Commission wants, you know. I'll take a motion, if there's one. And you know, at the same time, I open up a public hearing. Is there anyone else from the public wishes to speak on this item? Hearing -- go ahead. Name and address for the record. Luis. Luis Herrera: My name is Luis Herrera and like a City -- Vice Chair Carollo: Address. Mr. Herrera: And 1181 Southwest 22nd Terrace. And in this actions, I think the only advantage that it have, if it be selling in the auction, and he coming over here in front to you to ask to buy that cars, why they no leave the lights on? Why they don't leave the equipment they need and they sell it in the price you set or maybe a little bit more? So that way they don't have to strip the car and we get some more money for the City ofMiami. Thank you. Vice Chair Carollo: Sure. To answer that, ifI may, from the Administration, in all fairness, what they're saying is if we sell it in auction, then we have to strip it. If we give to them, we do not have to strip it. And that's why I'm saying since we're not going to have to strip it, why not then 750? And you know, we're not making the 1,000 or 1,500, but at the same time, we're getting the 750. And again, I'm chairing the meeting, so I'm not making the motion. But you know, it's whatever the will of this Commission wants. Commissioner Dunn. Commissioner Dunn: Mr. Chair, in light of some of the research and revelations that have been given this morning, I would support a motion basically stating that we get the maximum value. And if that 500 or 750 or $1, 000 -- I don't know how we could proffer this motion -- but I would like for us to -- you know, I would support it with the understanding that we get the maximum value. Commissioner Gort: Okay. Mr. Chairman? Vice Chair Carollo: Mr. -- Chief -- Mr. Fulgueira: Sure. Vice Chair Carollo: -- if, instead of $500, it would be 750 per vehicle, would you accept that? Mr. Fulgueira: Sir, I'd like to say yes, but I would have to go back to my mayor and ask him if that's the way it works. Those decisions are -- I cannot make. I'd like to, butl cannot make it. I sure wouldn't like to -- Vice Chair Carollo: Defer? Mr. Fulgueira: -- you know, go on any further. Those cars have been sitting there, and the longer they're sitting there, the more money it's going to cost us to get 'em back in order. But City ofMiami Page 31 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 you know, as I was -- ifI may, what I was saying before, we are going to -- we're not going to sell those cars to anyone, for that matter. What we're trying to do is be able to -- with those cars, I will have to spend over $2, 000 on each one of those cars just between mechanical work and painting and putting them back in order. Like you're aware, some of those cars do have high mileage and we're going to have to do some mechanical work to them. So the truth of the matter is that we are going to get rid of our Intrepids and this is what we're going to replace our fleet with -- Intrepids that are much newer, but at the same time, did not work out as police vehicles. And of course, that was our mistake, but I mean, I think the Crown Victoria's the greatest police car ever and this is where I'm standing right now. I wish I can say yes, Commissioner -- Mr. Chairman, but can't. I do -- we desperately do need those vehicles and I just leave it up to you guys. Vice Chair Carollo: Okay. And by the way, I used to drive one of those Crown Vics Intercept [sic]. Mr. Fulgueira: Thank you. Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Yes, Commissioner Gort. Commissioner Gort: And as I stated before, the reason I brought this issue is because it was an issue thatl inherit in my office and that was talked about it. If it was someone from the private sector, I would not be doing this. But this is a municipality -- is a neighbor of the City ofMiami. My understanding, they collaborate quite a bit with the City ofMiami Police and they do a lot of joint works. For that reason, I'm ready to make a motion to accept the present value as it is with they cannot be sold for the next five years or six years. Vice Chair Carollo: There is a motion by Commissioner Gort. Is there a second? Commissioner Suarez: I second the motion. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Ms. Thompson: Chair, ifI may ask, are you going to close the public hearing? Vice Chair Carollo: I actually did. What I did is I just asked the chief to come up again, but -- Ms. Thompson: Okay. Vice Chair Carollo: -- I thought I actually had closed the public hearing. Ms. Thompson: Thank you. Vice Chair Carollo: And just in case, I'll say that the public hearing is closed. But anyways, with that said, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Motion passes unanimously. He (UNINTELLIGIBLE) -- everybody said aye. Motion passes unanimously. Ms. Thompson: Okay, with the modification that was stated by -- Vice Chair Carollo: By Commissioner Gort. City ofMiami Page 32 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Ms. Thompson: -- Commissioner Gort. Thank you. Vice Chair Carollo: Sweetwater. Mr. Fulgueira: (INAUDIBLE). Vice Chair Carollo: Sure. Mr. Fulgueira: I'd like to thank you, Mr. Chairman, Commissioners, Commissioner Gort, Commissioner Suarez. Andl assure you those cars will not be sold. You're more than welcome to come and see the cars that when you see them, they're going to be in great shape 'cause we really do need it and we really appreciate what the City ofMiami's done for us. Vice Chair Carollo: Thank you, chief. And at the same time, you know, we're definitely here to help out a neighboring municipality, but at the same time, just take into consideration the situation that we're in and that's why we're being so fiscally responsible and -- Mr. Fulgueira: Andl -- Vice Chair Carollo: -- questioning everything. Mr. Fulgueira: -- respect that. Thank you very much. Vice Chair Carollo: And give my best to your mayor. Mr. Fulgueira: Yes, sir. Vice Chair Carollo: With that said -- okay. Commissioner Gort: Thank you, Mr. Chairman. Vice Chair Carollo: Definitely, Commissioner Gort. RE.4 10-00190 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF FEES, IN THE TOTAL AMOUNT OF $1,650, CONSISTING OF THE AMOUNT OF $650, FOR THE BUILDING USE AND SET-UP FEE OF THE MIAMI ROWING CLUB, ON SATURDAY, FEBRUARY 27, 2010, FOR THE BLUE BLAZER BANQUET AND IN THE AMOUNT OF $1,000, FOR THE MARINE STADIUM BEACH AND PARKING LOT USE, ON SUNDAY, MARCH 7, 2010, FOR THE 37TH ANNUAL MIAMI INTERNATIONAL REGATTA, WITH NO SALARY FEES BEING WAIVED FOR EITHER EVENT. 10-00190 Legislation. pdf SPONSOR:CHAIRMAN SARNOFF Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff END OF RESOLUTIONS City of Miami Page 33 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 PART B: PLANNING AND ZONING ITEMS Vice Chair Carollo: Andl will now start the Planning and Zoning part of this meeting. I will ask the City Attorney to please read the procedures. Julie O. Bru (City Attorney): Okay. These are the items now that appear on the agenda for Planning and Zoning and these are the procedures. Before the agenda is heard, all those who wish to speak will be sworn by the City Clerk. That'll happen shortly. The order of business will be that the staff will briefly describe the request, whether it's an appeal, a special exception, a vacation, a text amendment, a zoning change, a land -use change, or a MUSP (Major Use Special Permit), and the staff will make to you its recommendation, and then either the appellant or the petitioner will then present the request or the item. If there is an appellee, if applicable, they will present their position. Then you will allow the members of the public to speak on certain petitions. The petitioner may ask questions of the staff and you've already indicated that you would like all questions to be done through the Chair. And the appellant and the petitioner will be permitted to make a final comment. Vice Chair Carollo: Thank you, Madam City Attorney. And Madam City Clerk, could you ask with regards to an interpreter and then as far as swearing anyone who wishes to come before this Commission and speak. Priscilla A. Thompson (City Clerk): Ladies and gentlemen, I thank you for your attention. I need to know if there is anyone in the audience that would need a Spanish language interpreter? The City Clerk's comments were translated by Spanish interpreter Paul Seligmann. Seeing no one, thank you, Commissioner. Now I would ask, if you are here and you will be presenting testimony or speaking on any of the P&Z (Planning & Zoning) items, I would appreciate it if you can please stand and raise your right hand so we can administer the oath. Any P&Z items, if you are speaking, I need you to stand, raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Vice Chair Carollo: Does anyone have any items they wish to defer, continue, or withdraw? Bill Anido (Assistant City Manager & Interim Public Works Director): Mr. Chairman, we would like to continue 4 and 5, 8 and 10. Vice Chair Carollo: PZ.4 and 5. Mr. Anido: 5. Vice Chair Carollo: I saw the applicant here, or I saw someone here for PZ.4 and 5, and the district Commissioner is not here. I'm going to hold that until the district Commissioner comes back. Yeah. That's why I'm -- that's why I don't want to withdraw or defer. (COMMENTS MADE OFF THE RECORD.) Mr. Anido: So you want to hear it today? Vice Chair Carollo: There's no violation of Sunshine there, but the bottom line is -- City of Miami Page 34 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Mayor Regalado: On the record, my understanding, Mr. Chairman, is that the area Commissioner told the residents that around 3: 30 -- starting at 3: 30, that you will be hearing that item. Vice Chair Carollo: Yeah, that's why I was surprised when the Administration wanted to defer it and that's why I'm questioning it, 'cause it appears that the district Commissioner was going to be back, andl don't want to defer an item without him being here present, so -- Mr. Anido: Mr. Chairman, that's perfectly okay; we can hear it. Vice Chair Carollo: Yeah. As a matter offact, I guess -- how should address you? I don't know how I address you. Mr. Anido: Bill Anido is fine. Vice Chair Carollo: No. Obviously, I know your name, but -- okay, Mr. Anido. With that said, do you know -- once the district Commissioner comes back, you know, then, if he wants to defer or so forth, I will wait for -- you know, I will yield to him as far as what he would want to do and so forth, you know, and then we could take a vote, but -- Mr. Anido: That's perfectly acceptable to the Administration. No problem. Vice Chair Carollo: Okay. And what I'll do is I'll keep moving PZ.4 and PZ.5 until it's almost the last item. Any other item, Mr. Anido? Mr. Anido: 8 and 10. Vice Chair Carollo: 8 -- PZ.8, and that's -- I'm sorry -- a deferral, continuance? Mr. Anido: Continuance. Vice Chair Carollo: A continuance. For both? Mr. Anido: For both, yes. Vice Chair Carollo: 8 and 10, you said? Mr. Anido: Yes. Vice Chair Carollo: Give me a second to see -- Mr. Anido? Mr. Anido: Yes. Vice Chair Carollo: Is PZ.9 going to be continued also? Mr. Anido: No, not as far as I know. Is the applicant here? Vice Chair Carollo: I have -- Mr. Anido: Oh, I'm sorry, I'm sorry. It is to be continued. Yes. Vice Chair Carollo: So PZ.9 is also going to be continued? Mr. Anido: Yes. City of Miami Page 35 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: So as of right now, we have PZ.8, PZ.9, and PZ.10 to be continued. Any -- Commissioner Gort, any others? No? Okay, so PZ.8, PZ.9, and PZ.10. Do I hear a motion for continuance? Commissioner Dunn: So moved. Commissioner Gort: Second. Vice Chair Carollo: Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: All -- anyone in opposition have the same right to say "no." Motion passes unanimously. PZ.1 08-01084zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-2" TWO-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY RESIDENTIAL AND "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND THREE UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0280, 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01084zc CC Analysis - NEW.pdf 08-01084zc Zoning Map - NEW.pdf 08-01084zc Aerial Map - NEW.pdf 08-01084zc Letter of Intent - Revised.pdf 08-01084zc Letter of Intent - Original Request.pdf 08-01084zc Application & Supporting Docs - NEW.pdf 08-01084zc Surveys.pdf 08-01084zc ZB 04-13-09 Resos.pdf 08-01084zc ZB 09-21-09 Resos.pdf 08-01084zc CC Legislation (Version 5).pdf 08-01084zc Exhibit A - NEW.pdf 08-01084zc CC SR 02-25-10 Fact Sheet.pdf LOCATION: Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street and Three Unassigned Addresses, Having Folio Numbers 01-4103-037-0280, 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami -Dade Community College, Florida City of Miami Page 36 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial, to City Commission on September 21, 2009 by a vote of 3-5 of the second request to change "Parcel A" (Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street and One Unassigned Address, Having Folio Number 01-4103-037-0280) to "R-1" Single -Family Residential with an "SD-12" Buffer Overlay District; and "Parcel B" (Two Unassigned Addresses, Having Folio Numbers 01-4103-037-0430 and 01-4103-037-0431) to "G/I" Government and Institutional. The board also recommended to the City Commission that the board will not object to an "SD-12" Overlay for all parcels included on the application, to achieve the parking needs of Miami -Dade College, by a vote of 5-3. PURPOSE: This will change the above properties to "R-1" Single -Family Residential and "R-2" Two -Family Residential with an "SD-12" Buffer Overlay District. NOTE(S): The Zoning Board recommended denial to City Commission on April 13, 2009 by a vote of 3-2 of the original request to "Gil" Government and Institutional for all of the properties. They also recommended to the City Commission that the board will not object to an "SD-12" Overlay to achieve the parking needs of the Miami -Dade College, by a vote of 4-1. On January 28, 2010, the companion Land Use item (File ID 08-010841u) was withdrawn. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez 13143 Vice Chair Carollo: PZ.1. Roberto E. Lavernia (Chief of Land Development): Mr. Chairman, Commissioners, for the records [sic], Roberto Lavernia, with the Planning Department. PZ. 1 is second reading of the zoning change request for the Miami Dade Community College, and this is what the Commission approved on first reading for SD-12 for the whole property. And you will see the item again once they have the SD-12 for special exception. Gilberto Pastoriza: Mr. Chairman, Gilberto Pastoriza, 2525 Ponce de Leon. And like Mr. Lavernia said, I think that you guys heard it the first time. The College is willing to go ahead and do everything, surface parking to SD-12. I would ask that you please approve this on second reading. Vice Chair Carollo: Excellent. Do I have a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Commissioner Gort: I'm glad the College decided to comply. City of Miami Page 37 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Moved by Commissioner Gort, seconded by Commissioner Dunn. Anyone from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing none, seeing none; back to the Commission. Any further discussion? Commissioner Gort: Well, Mr. Chairman, that shows when you work together -- the neighbors are not here to agree with it, so it works out. Vice Chair Carollo: Well, exactly. And if you remember correctly, the neighbors were here the last time -- Commissioner Gort: Right. Vice Chair Carollo: -- in front of us, and they all, you know, said that -- Unidentified Speaker: We're here. Vice Chair Carollo: -- Well, they're there. They're just quiet. Commissioner Gort: Oh, they're here. Okay. They want to make sure we're doing -- Vice Chair Carollo: They just want to make sure. Mr. Pastoriza: They're keeping a watchful eye. Commissioner Gort: Yeah, andl don't blame them. Vice Chair Carollo: Actually, I thought I saw you earlier. You all were sitting over there, correct? Yeah. I thought I saw you. Anyhow, with that said, it's an ordinance. Madam City Attorney, please read the ordinance for the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Mr. Pastoriza: Thank you. Vice Chair Carollo: Sure. PZ.2 09-00974ct ORDINANCE Second Reading 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 City of Miami Page 38 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 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 December 1, 2009 DCA Letter.pdf 09-00974ct December 11, 2009 DCA Letter.pdf 09-00974ct December 22, 2009 DCA Letter.pdf 09-00974ct CC Legislation (Version 3).pdf 09-00974ct Exhibit A - NEW.pdf 09-00974ct CC SR 02-25-10 Fact Sheet.pdf LOCATION: "SD-10" Medical Health Care, Hospital and Research Park Overlay District [Commissioner Wifredo (Willy) Gort - District 1 and Commissioner Richard P. Dunn II - 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 Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez 13144 Vice Chair Carollo: PZ.2. Harold Ruck (Planner II): Good afternoon. Harold Ruck, with the Planning Department. PZ.2 is an ordinance on second reading amending the Future Land Use element of the Comprehensive Neighborhood Plan by amending goals, objectives, and policies of the Future Land Use element, to incorporate language regarding the designation of a Health District Regional Activity Center; further amending the 2020 Future Land Use Map of the Comprehensive Plan by creating the Health District Regional Activity Center Overlay within the City ofMiami. This will support the City's desire to promote this area, the Health District, for high -intensity, high -density, mixed -use development and redevelopment. There will be no change with this overlay. It will not affect the Future Land Use map or any designations, the zoning as well. This is only going to increase the DRI (Development of Regionallmpact) threshold for reporting purposes and consistency reviews. Do you have any questions? Commissioner Gort: Move it. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Gort, seconded by Commissioner Dunn. Any City ofMiami Page 39 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 discussion? Anyone -- I'm going to open up the public hearing --from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing none, seeing none; back to the Commission. Any discussion? Commissioner Gort: I think it'll be a wonderful thing to happen for District 1 and for the City of Miami. Vice Chair Carollo: Excellent. This is an ordinance. Madam City Attorney, please read the ordinance into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. Vice Chair Carollo: Roll -- A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Vice Chair Carollo: Thank you. PZ.3 09-01372zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 10, SECTION 10.6.3.7. SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, IN ORDER TO MODIFY THE SIGN REGULATIONS FOR HOTEL USES IN THE SD-7 ZONING DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01372zt PAB Reso.pdf 09-01372zt CC Legislation (Version 2).pdf 09-01372zt CC SR 02-25-10 Fact Sheet.pdf LOCATION: "SD-7" Central Brickell Rapid Transit Commercial -Residential District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 16, 2009 by a vote of 7-0. PURPOSE: This will amend regulations for hotel signs in SD-7. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 40 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez 13145 Vice Chair Carollo: PZ.3. Lourdes Slazyk (Zoning Administrator: Thankyou. For the record, Lourdes Slazyk. PZ.3 is an amendment to Article 10 of the Zoning Code in order to approve an amendment to the sign code. This is the second reading ordinance. It has been recommended for approval by the Planning Advisory Board and adopted by this Commission first reading. Vice Chair Carollo: Is there a motion? Commissioner Dunn: So moved. Commissioner Gort: Second. Vice Chair Carollo: Moved by Commissioner Dunn, seconded by Commissioner Gort. Any discussion? I'll open up the public hearing. Anyone from the public wishing to speak on this item? Name and address for the record. Vicky Garcia -Toledo: Vicky Garcia -Toledo, with offices at 200 South Biscayne Boulevard. Commissioners, on behalf of Hospitality Operation, we are just in support of the recommendation of the PAB (Planning Advisory Board), your staff and your approval. Commissioner Gort: Move it. Vice Chair Carollo: Thankyou. Commissioner Gort: It's been moved, right? You moved it? Commissioner Dunn: Yes. Commissioner Gort: Second. Okay. Vice Chair Carollo: Yeah. It's already been moved. Any discussion? I'm closing the public hearing, and it is an ordinance. Madam City Attorney, can you please read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Vice Chair Carollo: PZ.4 andPZ.5 we will skip until later, until hopefully Commissioner Suarez returns. PZ. 6 and PZ.7 are also in District 4, so we're going to pass those. Commissioner Gort: 8, 9, and 10. Vice Chair Carollo: PZ.8 andPZ.9 are continued. Roberto E. Lavernia (Chief of Land Development, Planning Department): And 10. City of Miami Page 41 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Ms. Thompson: And 10. Commissioner Gort: And 10. Vice Chair Carollo: PZ.10, continued. PZ.4 08-01085Iu1 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 711 SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-010851u1 Analysis.pdf 08-010851u1 Land Use Map.pdf 08-010851u1 Aerial Map.pdf 08-010851u1 PAB Resos.pdf 08-010851u1 Miami -Dade County Public School Concurrency.pdf 08-010851u1 Application & Suporting Documents.pdf 08-010851u1 CC Legislation (Version 2).pdf 08-010851u1 & 08-01085zc1 Exhibit A.pdf 08-010851u1 CC FR 02-25-10 Fact Sheet.pdf 08-010851u1-Submittal-Iraida Mendez -Correspondence from residents against the zoning code ch; LOCATION: Approximately 711 SW 39th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of RMM Properties, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD (PAB): Recommended denial of the Land Use Change to City Commission on November 4, 2009 by a vote of 9-0. The PAB also recommended to the Miami City Commission, that, related to this Land Use Change, if the City Commission is inclined to accept a covenant with this Land Use Change limiting the use of the land as parking only with the appropriate buffers to protect the adjacent residential uses, the PAB has no objection to the Land Use Change, by a vote of 9-0. See companion File ID 08-01085zc1. PURPOSE: This will change the above property to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be DENIED PASSED by the following vote. City of Miami Page 42 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Direction by Commissioner Gort to the Administration for Public Works to perform a traffic analysis in this area. Vice Chair Carollo: Andl'm going to bring backPZ.4, now that Commissioner Suarez is back. So PZ.4. Roberto E. Lavernia (Chief of Land Development): Mr. Chairman, Commissioners. Roberto Lavernia, from the Planning Department. Vice Chair Carollo: Andl'm sorry; just a second. Commissioner Suarez, the Administration asked for this item to be deferred, andl wanted to wait until you were -- you returned. Do you want -- do you wish for this item to be deferred or do you want to hear it? Commissioner Suarez: Mr. Chairman, the residents of the area have been waiting pretty much all day and they requested specifically that it be -- I would prefer a deferral on this matter, but if they want to go forward with it -- they're in -- back there, but they're not -- Ma'am, pull forward. Vice Chair Carollo: Yes. Commissioner Suarez: Please. Vice Chair Carollo: Please move up. Commissioner Suarez: The Planning Department has requested that this item be deferred. Iraida Mendez: Deferred? Commissioner Suarez: Yes. Would that be okay with you, or would you --? Priscilla A. Thompson (City Clerk): Excuse me, Chair. If we're going to have a discussion, I need the -- Vice Chair Carollo: Yes. Ms. Thompson: Okay. I'm sorry. Ms. Mendez: What would -- Vice Chair Carollo: Name and address -- Ms. Mendez: -- be the reason for the --? Vice Chair Carollo: -- for the record. Name and -- Ms. Mendez: Mine? Commissioner Suarez: Yes. Iraida Mendez: Iraida Mendez, 395 Southwest 6th Street, Miami, Florida 33134. Commissioner Suarez: Right. Vice Chair Carollo: And Commissioner Suarez wants, you know, if -- do you have a problem City of Miami Page 43 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 with deferring this item until the next meeting? Ms. Mendez: Well, can I know -- can I be told for the reason for the deferral? Vice Chair Carollo: Mr. Anido. Bill Anido (Assistant City Manager & Interim Public Works Director): No. That's -- we're ready to hear the item if the Commission so desires. Commissioner Suarez: I'm ready to hear the item if you're -- Ms. Mendez: I'm ready. Commissioner Suarez: -- ready. Ms. Mendez: I'm ready to -- let's go. Vice Chair Carollo: Well, then, let's hear the item. Commissioner Suarez: Let's hear. Vice Chair Carollo: Well, hold on, hold on. You're going to -- Commissioner Suarez: Thanks. Vice Chair Carollo: -- from the Administration. Commissioner Suarez: Thanks. Mr. Lavernia: PZ.4 and PZ.5 are companion items. One is the petition to change the Future Land -Use Map and number 5 is the petition to change the zoning atlas. The recommendation of the Planning Department in both case [sic] was for denial mainly for intrusion of commercial uses into a residential street. It went to the Planning Advisory Board and it was recommended for denial as presented, but there was a separate resolution that the City Commission is inclined to accept a covenant with this land -use change, limiting the use of the land as parking only. They will not object. However, it went to the Zoning Board also, and the Zoning Board recommended denial of the City -- denial of the item for the City Commission consideration. Vice Chair Carollo: Thank you. The applicant. Estrella Sibila: Good afternoon. Estrella Sibila, with law offices at 2525 Ponce de Leon Boulevard. I'm here today on behalf ofRMli1 Properties. They're the owner of the property at 711 Southwest 39th Avenue. It's a small property. It's about 60 feet by 100. It's the site that you see up on the screen right now. The property's zoned single family. It's surrounded by commercial uses. And it's basically in a position where it's uninhabitable for residential purposes. We have -- and l just want to kind of give you a little history of the site here and give you a little bit of context. This property that you see right here surrounded by the red and black is the property in question. And this line, the red line, delineates where existing commercial uses are already taking place. Now existing commercial uses, andl say that because there's a difference in the way that the zoning map is laid out for a particular property, and it's this Navarro site right here where the line -- it creates a jog in the line, but what you could see is that there's actual -- a continuation of the commercial use along the Navarro site to the full portion that reaches the right-of-way at 7th Street. This is the commercial uses that are to our west. Directly to our south there's another office building with a smaller building in the rear that has a beauty function that takes place back there. And then to our -- immediately to our east is the City of Miami Page 44 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 DataPro site that's within the boundaries of the City of Coral Gables. Now the reason that we're here today is to seek a rezoning of this property to C-1. The reason -- the purpose that we are seeking the rezoning is not to provide any sort of commercial uses on the property, any sort of expansion to the office building, introduce any sort of use that would create any traffic, or anything of the like. The only thing that we're asking for is to allow surface parking at this location. What we've provided for is -- what we can accommodate at this site is essentially nine parking spaces, and I'd like you to take a close look at this because it's pretty -- what we're trying to do is provide the protections that we didn't get as this property owner. What you see here is the commercial portion that abuts directly onto our property. These are their cars. There's no buffer. There's a short wall, and that's the only thing that's provided to us in terms of protections for this single-family home. Now, what's happened is there were people that lived there. People got forced out. There's always a condition where, as you see right here, there's loading trucks that occur directly infront of the home. There's also cars that come and use and spill over and park along all this frontage. It's not useable for a single-family home, and people have had to move out because of that. Now we're pitted in between all of these commercial uses, and we're just asking to do the same and move this so that the commercial line now comes over to this property and fronts and lines up with commercial that's taking place over here. Like I said, we're providing additional safeguards. We would be providing a ten foot landscape buffer that would be adjacent to the residential site. We'd also be -- we've also designed it so that all of the parking would come and face towards the commercial so there's no spillover of light effect that could potentially occur. We've designed it so that there would be a gated entrance where the -- only nine persons would be the ones that have an access key to be able to enter and exit. It would only be used by employees. It would not be used by visitors, so it would be limited in use by the hours of the peak morning and the peak evening hours. We've also provided a left-hand turn only out from the parking, so whoever goes to leave -- to pull out and leave, they come, do this function, and they would only be allowed to come this way and not travel through the residential area, which is a concern that the neighbors have. Now, this area, as you see, there's a lot of commercial functions that are already taking place, and unfortunately, those functions have spilled over into the neighborhood, and that's really the concern that some of the folks that are here against this application have. It's not an issue that we brought upon them. It's not an issue that we can resolve. It's not an issue that a single-family homeowner at this location would be able to bear with either. What we're asking is for this rezoning so that we can provide the additional parking that's needed for our site. Now, ifI could just walk you through these photos, I want to provide a little bit of context so you could kind of understand what the conditions are in the area. This is a photo of the single-family home, and as you can see, there's spillover of the cars that park infront of it, and l just want to walk you through some of them. This is the view from our front door. It's a lovely view of the loading and unloading functions of the Navarro site, and there's a little truck that provides noise at all hours. If you continue the view, this is towards the south, towards the northwest, and you could see how the cars from Navarro continue all the way around the property. All of this function that you see there behind those palm trees, that's the area that's zoned for residential; yet, there's clearly commercial uses. And again, all the cars that spill over, not a function of our use but a function of what's existing there. This is -- what you see in the background is the adjacent commercial site with the gigantic billboard that kind of hovers over our property; again, not something suitable to be right next to a residential property. This is a small wall that was built, and that's the buffer that they have to our residential portion. No buffer. Those are the parking spaces that showed you where they back up directly onto the single-family house that you see in the background there in the beige. And that's, you know, the commercial corner piece. This is the commercial building that my applicant also owns, and it's the DataPro site, and there you see it in the background. Now, this Commission, at times when you've heard a proposal for surface parking, you may have heard it for a request for an SD-12 overlay. The reason that we can't request an SD-12 in this particular application is because of the limitations in the Zoning Code. The Zoning Code for a rezoning to SD-12 requires that we have 10,000 square feet of area. Here, there's 5,600. We would need a frontage of 100 feet. Here we have 60. What we've done is we've taken the best of SD-12 in terms of the safeguards and protections to the neighborhood, such as the buffer, the wall, the City of Miami Page 45 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 limitations on traffic flow, and we've taken that and we've incorporated that into our proposal. What we've also done is the applicant has proffered a covenant that would tie this property to only parking uses; no other commercial use. And if there was ever to be a proposal in the future, this would have to come back to this Commission to be able to act on it, if something were to occur. The applicant is here, if you would like to hear from her. She's here to answer any questions. There are also a couple of neighbors here that would like to express their concerns about the proposal. We -- I've met with them personally after the Zoning Board meeting and again earlier today. There's no -- you know, they -- they're against it; we're for it, so you know, you'll have the opportunity to hear their perspective as well. I do want you to know that we were very cautious of the proposal. When DataPro came in, we did let them know the sensitivity that an application like this would have, and those are the reasons why we've designed it in such a way to have a minimal impact on the residential users to the north of us and designed it in such a way so that we can minimize any potential effect of light, noise, traffic onto those neighbors. And what we've done is actually provided a better design than what the commercial users to our south provided to us. So I'd like to request a couple of minutes for rebuttal, and I'd like to have the public hearing be opened so anybody else can discuss. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: I have one quick question, Ms. Sibila. Ms. Sibila: Yes, sir. Commissioner Suarez: Just by way of understanding what's -- what you're requesting. Is that parking lot -- that is for employees that go to work in the adjacent commercial building or structure? Ms. Sibila: This parking would serve this building back here, and we would provide connectivity through a ramp. Part of the issue that we have is we can't connect directly from their parking garage to this site because of -- there's a change in elevation. And ifI could just turn your attention back to the photos, this shows what the rear of the property looks like, and where you see that railing above, that's where we would have to elevate to be able to provide connectivity to this property. It's an impossibility of design, so we would have to access through the 39th Street to the parking area and provide ramping that would give the person who's parking there the ability to come up to that same level. Commissioner Suarez: Would this lot in any way alleviate some of the spillover parking or any of the parking that is currently -- basically invading the neighborhood? Ms. Sibila: I'm not sure who all those users are from -- some of the neighbors, what they've said is it's a combination of Navarro making their employees not park in their Navarro site, so they're encouraging their employees to park within the neighborhood. And in addition, there's also the commercial user to our south that has very limited parking. So the times that I've gone by the site and try to monitor what's happening at different times, I've seen that their cars or cars have been parked in front of our house and in front of -- basically wherever they can find it. Commissioner Suarez: Thank you. Vice Chair Carollo: Anyone else from this Commission wishing to speak? Is there a motion? Is there a motion? So it's going to die? Is there a motion from --? No. I'm sorry; it's from the Commissioners. Unidentified Speaker: Okay. City of Miami Page 46 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: There is no motion? Item dies. Let's go on to PZ. 6 then. Commissioner Gort: That's not the process. Gilberto Pastoriza: Excuse me. Gilberto Pastoriza, 2525 Ponce. I think that this is a public hearing still and that the other side hasn't, you know, proffered any kind of testimony or anything like that, but I think that -- Vice Chair Carollo: I have no motion. Mr. Pastoriza: -- the fact -- Vice Chair Carollo: IfI have no motion, the motion dies, and we move on. Maria J. Chiaro (Deputy City Attorney): Mr. Chair? Vice Chair Carollo: Yes. Ms. Chiaro: IfI may, the applicant is entitled to a decision on the application. And so, if this Commission does not wish to make a motion to approve, it -- Vice Chair Carollo: It denies. Ms. Chiaro: -- then it -- then someone needs to make a motion to deny. I suggest that the public be allowed to speak and that then a motion to approve or deny be acted upon by the City Commission so that the applicant's due process is applied. Vice Chair Carollo: Well, then let me ask something, 'cause in the past -- and it wasn't on a PZ (Planning & Zoning) item, but in the past this Commission has not taken the motion and it's died and we've moved on. Ms. Chiaro: Yes. That -- Vice Chair Carollo: So it -- that's occurred in the past. And ifI may, Madam City Clerk, do I have to listen to or open up the public hearing prior to accepting a motion? I mean -- in other words, can I receive a motion --? IfI don't receive a motion, then not listen to the public? I mean -- Commissioner Gort: Mr. Chair? Vice Chair Carollo: -- there is no motion, so I -- if you could -- if you couldn't -- Madam City Clerk. Ms. Thompson: The only thing that I will address, Chair, is the parliamentary portion of it, all right. For any action to be taken, you need a motion. Our rules -- even though we're in Mason's, you've adopted a resolution -- said you need a second, okay. That's all I could ex -- I would say I could speak to. The actual part about whether or not you'd have to vote on something, particularly this being Planning & Zoning, I think we need to defer to the Law Department. In the past the Commission has done it both ways. You have opened up the public meeting [sic], you've had your discussion, you've made your motion, and you voted, and you've done it reversed. You've had your motion, opened up the public hearing, and made a vote, so not -- you understand what I'm saying? Vice Chair Carollo: I understand what you're saying, but parliamentary procedures is that City of Miami Page 47 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 someone makes a motion and then we -- you know, if there's a second, even if it's second for discussion, that takes precedence. If there is no motion on the floor, no one wants to make a motion, then it dies, and I'll -- you know -- that is parliamentary procedure. Ms. Thompson: But if I'm not mistaken, you can also entertain discussion. Even if you don't act Mr. Pastoriza: No, no. Ms. Thompson: -- you can entertain discussion. Mr. Pastoriza: Don't (UNINTELLIGIBLE). Ms. Thompson: Again, this is a P&Z item, so I want to make sure that we have the input with your P&Z assistant City Attorney who's the specialist in that area. Ms. Chiaro: Mr. Chair. Commissioner Gort: Mr. Chairman. Ms. Chiaro: If may? Vice Chair Carollo: Yes. Ms. Chiaro: Mr. Chair, ifI may clarify. Vice Chair Carollo: Yes. Ms. Chiaro: Based on your previous question as relates to policy in the past and on the matter that on certain items, when there was not a motion, the item died, you moved on. That related to items that were nonapplications, non -- Mr. Pastoriza: That's it. Ms. Chiaro: -- quasi-judicial proceedings. Mr. Pastoriza: Right. Ms. Chiaro: If this Commission fails to take action at this meeting and on an application that's pending, the applicant's due process has not been complied with. So if the Commission doesn't wish to make a motion today, that's fine, but at some point, the applicant has to have a decision approving or denying the petition so that the applicant then can make a decision related to further proceedings. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: Okay. So question, let's say now I open up to the public, close the public hearing, and once again, there is no motion, what occurs then? Ms. Chiaro: I would -- Commissioner Gort: It stays open. Mr. Pastoriza: You can't -- City of Miami Page 48 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Madam City Attorney. Ms. Chiaro: -- suggest that the Commission must take some action -- Commissioner Dunn: I got it. Ms. Chiaro: -- on the pending application. Commissioner Dunn: Mr. Chair. Ms. Chiaro: I would implore you to take some action on the pending application. Vice Chair Carollo: Unless I pass the gavel andl make a motion. Commissioner Dunn. Commissioner Dunn: I would be inclined to move for a motion of deferment. Vice Chair Carollo: There is a motion by Commissioner Dunn to defer. Is there a second? There is a motion by Commissioner Dunn. Commissioner Gort: I'll second it -- Vice Chair Carollo: Is there a second? Commissioner Gort: -- for discussion. Vice Chair Carollo: Second for discussion by Commissioner Gort. Commissioner Gort, you're recognized. Commissioner Gort: Mr. Chairman, in the past, the -- in zoning matters, what -- the way we used to do it is you listen to the applicant, you listen to the opposition -- because a lot of times the applicant and the opposition might be in accordance and you can learn, and then you make the motion afterwards 'cause you hear from both parties. And then a lot of times you think you're going to vote certain way, but then when you hear from the people in objection, you might change your mind. That's why -- that's the way we used to do it in the past. I don't know if that has changed or not. Vice Chair Carollo: Well, I'm just following parliamentary procedures. And the truth of the matter is, once you make a motion and a second, just like we did before, we can always pull it back. We could always -- you understand what I'm saying? So I mean, I'm just following parliamentary procedure. But the truth of the matter is, once a motion is on the floor and there's a second, I'm not going to call the question. I -- you know, we could always pull it back or make an amendment to the motion or so forth. So anyway, there's a motion on the floor and there's a second. Anyone from the public wishing to speak on this item, please step forward, and name and address for the record. Angel Urquiola: (UNINTELLIGIBLE). Commissioner Gort: This is to discuss the deferral now, not the issue. Vice Chair Carollo: That's right. Mr. Urquiola: Good evening, gentlemen. My name is Angel Urquiola. I live at 25 Southwest 38th Avenue. I neighbor of this place. And let me tell you something, I am member of the Zoning Board, but I don't come like a member of the board. I come like a taxpayer and neighbor of this neighborhood. We fight in the neighborhood, a lot of fight to keeping our neighbor [sic] City of Miami Page 49 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 clean, beautiful, without crime. The more neighbor [sic] who have the less crime is Flagami, believe me, because we take care our neighbor [sic], including the area the City own with the grass, we pay 50, $60 a month to clean it up, our street. The City never spend the money in Flagami to clean it up, our street. This is how we are very, very proud of our neighbor [sic]. I notice here on this presentation you can see (UNINTELLIGIBLE) the number (UNINTELLIGIBLE) they want the variance is 711 Southwest 39th Avenue. This is not the address. This is the real address, but they are in another address over here for 8th Street. They're wrong because this a single-family home the one they asking for. We really appreciate if you member of the board to keeping our neighbor [sic] clean (UNINTELLIGIBLE) because the owner of this place have a building across the 8th Street. What she want to do is bring the parking lot she have in the building to the City ofMiami and make it his parking lot more building for them. If Coral Gables don't give it to City ofMiami, nothing -- never, why we had to give it to the Coral Gables, including they close all the street. We, the neighbor of Flagami, use it to go to 37th Avenue, to go to downtown. Now we have only one more street. Thirty-ninth Avenue is our main traffic, included a lot of (UNINTELLIGIBLE) 8th Street parking in the neighborhood all the way around. Sometime the neighbor, when they come from work, they have -- can't park in own parking lot because somebody's parking there, because Navarro has so many employees. It's a lot of employees over there. No wonder they make a parking for his working. Vice Chair Carollo: Mr. Urquiola, if you could wrap it up. Your minutes -- Mr. Urquiola: Okay. Vice Chair Carollo: -- your time is up. Mr. Urquiola: I really appreciate it, do you do a favor -- Vice Chair Carollo: Thankyou. Mr. Urquiola: -- to Flagami, okay? Vice Chair Carollo: Thankyou. Mr. Urquiola: Thank you. Ms. Mendez: Good afternoon, gentlemen. My name is Iraida Mendez, and I live at 3925 Southwest 6th Street. This lady next to me is my neighbor as well, and we have written a letter and have signatures from the neighbors since they're majority elderly people and could not attend. Now, if you allow me to read -- I'm not going to read the whole letter, but will give it to you with the signatures, if you will allow me to read part of it. Number one, that address is not approximately. It is exactly at 711 Southwest 39th Avenue. And that address is not surrounded by commercial. What it is surrounded is on 8th Street. This is 39th Avenue. That's the single-family residential. And not only that, may I -- we request that you deny the Zoning Code request by DataPro. This is a company that is in Coral Gables. They could add -- above the parking lot that they have, they may be able to add. Of course, it would be a lot more expensive for them. Now, the -- we would like to ask you to consider the neighbors of this area of the City ofMiami for -- that we have -- that this single-family residential status for over 60 years, and now is the request of the variance of the Code to establish the parking lot for the company, which is not even in the City ofMiami that would create horrific intrusion to our neighborhood, which is already completely saturated with a traffic situation. The location in question is 711 Southwest 39th Avenue, Miami, as I mentioned before. Across the street on the west side you have Navarro Pharmacy, their parking lot, their in and out traffic, and you also have the vendors unloading and loading the merchandise for Navarro. City ofMiami Page 50 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Ma'am, your two minutes are up. Would she give you her two minutes? She -- Ms. Mendez: Then you have another -- she said she's conceded. Joneta Matis: Oh, yeah, I concede. Vice Chair Carollo: Okay. Ms. Mendez: We're not used to this. Okay. Commissioner Gort: You're doing very good. Vice Chair Carollo: Go ahead, ma'am. Commissioner Gort: You're doing good. Vice Chair Carollo: Okay. Start the clock again, please. Ms. Mendez: Okay. Then we have the other parking lot, which belongs to the address of 3875 Southwest 8th Street, and they have -- City ofMiami evidently allowed for them to create an annex to that building, which faces Coral Gables -- I mean, 8th Street, and then they made a parking lot that is on 39th Avenue, but that address also is 3885 Southwest 8th Street, and I'm sure that's how they applied for the permit. Now you have this. And this intrusion in our streets creates a terrific chaos. You have an intersection of 8th Street and Ponce, which is outrageous. The people avoiding 8th Street. They go into our streets. And then all this millions of dollars, billions, that they -- the City ofMiami has spent on Miami 21 -- and we have attended their meetings, as well -- saying that their studies is to better the City ofMiami, the residential areas and the greenery, and this is really defeating the purpose. And what was the purpose of spending our tax money? We would like to keep it (UNINTELLIGIBLE) I can -- I will like to leave this letter with you, as well as a picture of a crash because they drive through our streets crazy, because everybody is avoiding 8th Street and the streets that had been closed by Coral Gables, so we're stuck, we're in the middle, and we need help. You -- Navarro is approved, they're there. They've been there for about 30 years, so there's nothing we can do. The traffic she's mentioning is the swale that people park. It could be probably the neighbors. They don't have anything. Navarro stops on 7th Street. What they have is a wall. Vice Chair Carollo: Thank you, ma'am. If you could wrap it up. Thank you. Ms. Mendez: And that's it. Vice Chair Carollo: Is there anyone else from the public wishing to speak on this item? Ms. Matis: Yes, I do. Vice Chair Carollo: You gave your two minutes up to -- Ms. Matis: To her. Vice Chair Carollo: -- her. Commissioner Suarez: Mr. Chairman? Vice Chair Carollo: Commissioner Suarez. City ofMiami Page 51 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Suarez: I have some questions for Ms. -- it's Mendez or Menendez? Commissioner Gort: Mendez. Vice Chair Carollo: Ms. Mendez, if you could approach the podium. Commissioner Suarez: Ms. Mendez, please, if you could approach the podium. I have some questions for you. Ms. Mendez: Sure. Commissioner Suarez: Okay. How many people did you discuss that letter with or sign on to that letter? Ms. Mendez: We discussed it with -- well, the ones that signed are 33. Commissioner Suarez: Thirty-three of the adjacent homeowners are in agreement with --? Ms. Mendez: The 500 feet, I believe. Commissioner Suarez: Right, right. Ms. Mendez: Yeah. Commissioner Suarez: The notice -- Ms. Mendez: The notice that went out. Commissioner Suarez: -- parameter? Ms. Mendez: Yes, sir. Commissioner Suarez: Right. And so you've -- 33 people have signed on to your letter. Is there any --? I mean, I know that Ms. Sibila framed it as something -- I mean, is there any way that you --? Andl kind of agree with Commissioner Gort and Commissioner Dunn on the last item. Is there any way that you think you would benefit --? And let me -- I'm an attorney, so usually in a litigation matter, you're required to go to mediation in every litigation matter, meaning you're required to bring the parties together to see if you can find common ground, and if there's anything -- and you know, my -- I'm a home -- I was a board member for my homeowners association, so I understand, and it's a beautiful neighborhood that's a single-family residents, and we don't want intrusion in our neighborhood, and I'm sure you don't either, andl want to do everything to protect your interest. At the same time, generally, I like to give the parties an opportunity -- Ms. Mendez: Absolutely. Commissioner Suarez: -- to get together and maybe there is a way -- you'd be surprised how creative people can get when they have the impression that they're not going to get their way in terms of creating landscaping, creating buffers, creating differences in the approach that can be palatable for the neighborhood. If you think in any way that you and the neighbors can -- would benefit from a 30-day delay or 60 -- in the 30 or 60 days, nothing will happen. In other words, nothing negative will happen if we delay it. It will remain as -is. It will not be changed. I think it's prudent to at least give the two parties one opportunity to come together and really try to work on a potential solution, because I do understand some of their arguments from the perspective of it being kind of wedged -- City of Miami Page 52 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Ms. Mendez: No. Commissioner Suarez: No? Ms. Mendez: Excuse me. That is strictly 39th Avenue. Commissioner Suarez: Right. Ms. Mendez: That is strictly -- Commissioner Suarez: Right. Ms. Mendez: -- City ofMiami. Commissioner Suarez: Right. Ms. Mendez: That is not commercial. Commissioner Suarez: Right. And I'm not -- Ms. Mendez: And that's the last address -- Commissioner Suarez: -- disagreeing with you. Ms. Mendez: The only -- we're not surrounded by commercial -- Vice Chair Carollo: Ma'am? Ms. Mendez: -- businesses. Commissioner Suarez: I'm agreeing with you. Vice Chair Carollo: Ma'am -- Commissioner, ma'am, if you could start addressing me, so it's -- Ms. Mendez: I'm sorry. Commissioner Suarez: Mr. Chair, may I? Vice Chair Carollo: Sure. Commissioner Suarez: I don't disagree with you. I think -- Vice Chair Carollo: Address me, and you know, she'll hear you, but don't want that back and forth 'cause it seems like you all -- Commissioner Suarez: Okay. Vice Chair Carollo: -- starting to talk one -- Commissioner Suarez: Mr. Chair. Vice Chair Carollo: -- on top of each other. Ms. Mendez: Sorry. City ofMiami Page 53 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Suarez: I think the tenure of this Commission and the message that we sent today in the prior item that we voted for is that we want to preserve the integrity of neighborhoods, period, okay. So you know, that's the signal that we're sending. But by the same token, I think it may be beneficial to meet and see if you could possibly work something out. I think that would be a gesture of goodwill on your part. No? Ms. Mendez: No, because we have spoken before, this young lady and myself and the neighbors have definitely had it. Commissioner Suarez: Okay. Ms. Mendez: We have Navarro and we have the other parking space, a lot that's there, and you can -- there's no way to stop the traffic. If the parking lot is there, the cars are there, what solution can you give? They're there. They got to get in. They got to get out. You can't, you know -- andl don't think it's fair that the City ofMiami wouldn't protect their citizens and their taxpayers. Vice Chair Carollo: Commissioner Suarez. Commissioner. Do you have a question, Commissioner Suarez? Commissioner Suarez: I think the other Commissioner would like to say something. Vice Chair Carollo: Okay. I still have the public hearing open. Can we close it, or do you really --? Ms. Sibila: I still have time for rebuttal that had requested. Vice Chair Carollo: Hold on one second. Commissioner. Commissioner Gort: Before you go -- may I, Mr. Chairman? Vice Chair Carollo: Go ahead, Commissioner Gort. Commissioner Gort: The motion in front of us today is to defer. Now the biggest problem in that neighborhood is the traffic coming from 8th Street going through it, and maybe -- I was thinking that maybe a traffic study where they can close the street to keep the cars out of your neighborhood might be a way that can be done. In other words, your biggest problem is people going through your neighborhood, not trying to go through 8th Street because of the back -- Ms. Mendez: No, but -- Commissioner Gort: -- up or the -- maybe if we can close that street in there, that'll keep the traffic out of that neighborhood. I don't know. That's food for thought. Ms. Mendez: Yeah. That's part of it. Commissioner Gort: So in other words, request that they go through a traffic study and come up with a suggestion. Ms. Mendez: Once we -- Commissioner Gort: Because their biggest problem is people going into the neighborhood. Ms. Mendez: No. Okay. But once they park, they come out. They're not going to stay in the City ofMiami Page 54 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 parking lot. They have to come out. Commissioner Gort: No, no. I'm talking about your street. Ms. Mendez: Yes, but then -- Commissioner Gort: So they cannot go through 39th Avenue. They cannot go into your neighborhood because they'll -- you'll block -- and just like Coral Gables done, Coral Gables -- Ms. Mendez: What about the houses that are right next to that house? Vice Chair Carollo: Ma'am, address me, please. Commissioner Gort: (UNINTELLIGIBLE) -- Ms. Mendez: I'm sorry. Commissioner Gort: Just food for thought. Vice Chair Carollo: That's okay. Commissioner Gort: That's all. Ms. Mendez: Okay. Yes, Mr. Chair. Vice Chair Carollo: No. Just -- you had an answer for the Commissioner. If -- Ms. Mendez: Oh. Vice Chair Carollo: No? Ms. Mendez: I already --I thought had answered him. Me? Vice Chair Carollo: Okay, fine. Commissioner Dunn: Mr. Chair. Commissioner Suarez: Mr. Chair. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Yeah. Actually, I like the Commissioner's suggestion, because in my neighborhood they have the streets blocked off. I think what the Commissioner's suggesting is that maybe this can be deferred -- hear me out -- with the idea of doing a traffic -- which means nothing will happen -- study so that at that property and no further there can be a blockage of the ingress and egress into the neighborhood. We have that in other parts of the City. I'm not sure that that's something that the neighborhood would want or not want. It's something that takes a lot of work because you have to get all the neighbors on board, but -- you know, we want to protect your neighborhood, bottom line, so -- Ms. Mendez: But remember, next to that -- those two -- Mr. Chair. Vice Chair Carollo: Yes, ma'am. Ms. Mendez: Sorry, sorry. City of Miami Page 55 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: You're recognized. Ms. Mendez: Apologize. Vice Chair Carollo: We're getting there. Mr. Uquiola: Mr. Chairman, may I ask --? Ms. Mendez: Okay. Vice Chair Carollo: No, no. Mr. Urquiola: (UNINTELLIGIBLE) some explanation to the Commissioner -- Vice Chair Carollo: If she could speak, please? If she -- she's recognized. She has the floor. Ms. Mendez: Thank you. Okay. But remember, they're neighbors next door to that parking lot and across. You're going to lock [sic] out those people from there? How are you going to block those out? I don't see how it could be done. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Mr. Chair. No. The way -- if you look at that map, Mr. Chair -- Ms. Mendez: Yes. It's not very clear. Commissioner Suarez: Come over here. If you look at that map -- if you can bring it here, Mr. Pastoriza. One -- yeah. Vice Chair Carollo: Hold on. Whoa. Commissioner Gort, please. Ma'am. Commissioner Suarez: Ma'am -- Vice Chair Carollo: Ma'am, Commissioner Suarez is addressing you. Commissioner Suarez: -- if you could, please. Through the Chair. If you look at this map, if you were to close the street here -- Vice Chair Carollo: It needs to be on the mike. Commissioner Suarez: -- here or here -- Ms. Mendez: Then how are the people going to get from (UNINTET,TIGIBT,F)? Commissioner Suarez: They can't. You would be, in essence, blocking this -- Ms. Mendez: But how can we get in? In other words -- Ms. Thompson: I am so sorry, Chair. Vice Chair Carollo: All right. Yes. I know, Madam City Clerk. Ms. Thompson: Thank you. City of Miami Page 56 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Suarez: Yeah. Vice Chair Carollo: Again, ma'am, if you could address me with the questions and -- I know, I know, I know. It's -- I understand. Commissioner Suarez: You're doing fine. Vice Chair Carollo: If you could go back -- yeah, go to -- back to the mike. Or you know what, ma'am, she has the portable mike. If you could stand by the drawing, and Commissioner Suarez, if you could explain. Commissioner Suarez: Sure. What I was saying is that in some -- Mr. Chair, in some neighborhoods, if traffic is a problem, if the traffic coming in and out of the neighborhood is a problem, okay, and you want to limit the amount of traffic coming in and out of the neighborhood and you also want to reduce maybe some of the parking in that area, one thing that you could do and that is done in other areas -- the neighborhood where I live is one of them -- is you can block off either partially or entirely the street, okay. And what that does is it prevents cars from, you know, congesting that neighborhood. And then obviously, you would have to get in and out of that neighborhood through other means. Right. So that's just one potential solution. Andl think the Commissioner was addressing -- 'cause what we try to come up with here is solutions that everyone can be happy with, if it's possible. If it's not possible, it's not possible, you know. Ms. Mendez: May I? Vice Chair Carollo: Yeah. Ms. Mendez: Mr. Chair? Vice Chair Carollo: Yes. Ms. Mendez: My question -- my answer is the following. Do you mean to tell me to -- that to allow this, you're going to inconvenience the neighbors that have to find another way in, go all the way from Ponce almost to (UNINTET,TIGIBT,F) to go in? If not, we have to get into the traffic on 8th Street to go in through 39th Court and go around. So in other words, to allow a parking lot for someone that doesn't even pay the taxes of the City ofMiami, you're going to inconvenience us, the neighbors, City ofMiami, living there -- residents living there for years and years. This doesn't work. Vice Chair Carollo: Okay. Commissioner Suarez: Yeah. I'm -- Vice Chair Carollo: With that said, I want to just discuss with the member -- you know, my colleagues, it seems -- it appears like in this situation, a deferral may not solve it, so we may just vote it up and down -- Commissioner Dunn: Okay. Vice Chair Carollo: -- up or down because of what Madam City Attorney had mentioned So we may just have to, you know, take the motion and either vote it up and down -- up or down. Ms. Sibila: IfI may just comment -- have a few comments for rebuttal? Vice Chair Carollo: Probably, before we do that, I'll give you a chance to rebut. And still City ofMiami Page 57 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 haven't -- and before I give you the chance to rebut, I still have not closed the public hearing. Ms. Thompson: Thank you. Vice Chair Carollo: So is there anyone else from the public wishing to speak on this item? Name and address for the record. Grace Solares: Grace Solares, 60 Southwest 30th Road. I fully support the neighbors in that area. It's also a very dangerous thing to take an R-1 and then convert it into commercial -- restricted commercial. What stops them from buying the next -- house next to the present house, and about three months from now coming with the same argument, "Gee, you know, we have a lot of people here. Let's go ahead" And then there's going to be assemblage of lots. In about a year, they're going to have the entire lot. They come here for a change in zoning, and then they're going to build who knows what. It is dangerous. That's what the Diaz Administration continued doing throughout the eight years they were here. This is a brand-new day. We should support the neighbors ofMiami. Thankyou. Vice Chair Carollo: Thank you, Ms. Solares. Anyone else from the public wishing to speak on this item? Name and address for the record, please. Luis Herrera: My name is Luis Herrera, president of Vizcaya Homeowner Association. I think for years we tried to protect the neighborhoods, including my neighborhood, and the suits because I got some cases going to Supreme Court years back. And for the reason that I -- we have to be protecting the neighborhood and the City ofMiami -- that's why we have the problem we have right now where all the kind of buildings that we have empties, and then you open the door and they're in the parking lot. They changing the land use for C-1. They can do whatever they want after he change the land, and it's a danger for the residential because it's like a domino. Oh, you got it over here on 39th Avenue and Southwest 8th Street, whatever the address, 711 Southwest 39th Street. And then we can change it in my neighborhood, in your neighborhood, in his neighborhood, in his neighborhood, and they continue. It's a domino effect. So try to protect our neighborhood. They can -- Why they want to change it, the zoning over there? What it used to be -- have it a residential. What is the purpose to use on parking? I don't see the purpose to use on parking. The level is not the same way, like she mentioned. And I think we have to be protecting the neighborhood. Thank you. I'm against this project. Vice Chair Carollo: Thankyou, Mr. Herrera. Anyone else from the public wishing to speak? Herschel Haynes: Yes. Vice Chair Carollo: Name and address for the record, sir, please. Mr. Haynes: My name is Herschel Haynes, andl reside at 4601 Northwest 15th Avenue, Miami, Florida 33142, and I'm also Chairman of the Hadley Park/Model City Homeowners Association, cochair MNU (Miami Neighborhoods United). Andl totally agree with my chair and what -- just said prior to me. I think it was Mr. Suarez -- Commissioner Suarez early on made a statement, and it was very, very eloquent. And you do have the right and we elect you to make decisions. However, I shared with our Commissioner Dunn at one of his town hall meetings how important it is to keep -- not reinvent the wheel -- in touch with what is in place before you got here, what was in place with Commissioner Willy Gort. And this is a key person right here. I respect him to the highest. And was privileged to be on the Charter Reform Committee under his guidance, and I'd just like to share with you -- and he can attest to this -- one of the most important thing in my opinion within the charter is that piece where it says, no Mayor, no Commissioner may place a corporation and et cetera -- a company, et cetera, above the people, which segues right into the Constitution where the preambletel [sic] leads off with "We, the people, of the United States of America, in order to form a perfect union, establish justice," and do all of those great things City ofMiami Page 58 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 like promote the general welfare. And so I totally side with the community in this regard. Vice Chair Carollo: Thank you, sir. Anyone else from the public? Ms. Matis: Yes, please. Vice Chair Carollo: Ma'am, your --you gave up your two minutes to the lady. Ms. Matis: Yes, I did. But I only have two minutes to talk to and explain to you -- I am a homeowner. I live -- my name is Joneta Matis, andl live in the neighborhood for 43 years. And you gave me two minutes to explain to you what my problem is? Vice Chair Carollo: That is the norm. Ms. Thompson: Excuse me, Chair. Vice Chair Carollo: Yes. Madam City Clerk. Ms. Thompson: Again, you have a speaker -- Commissioner Gort: Into the mike. Ms. Thompson: -- that's going to be on the record unidentified -- Commissioner Gort: Speak in the mike. Ms. Thompson: -- so I need that name. Vice Chair Carollo: I'll allow it, ma'am, but just -- andl understand, maybe you didn't understand, and maybe that was my fault. I should have made sure that you do understand. The norm is for everyone to receive two minutes, so I just try to be fair about it. And maybe you didn't understand you were giving up your two minutes, I don't know, and maybe it's my fault. I should have made sure that, you know, you understood. But with that said, we're going to give you two minutes. Please, just give your name and address for the record. Ms. Matis: Yes. My name is Joneta Matis. I live at 3900 Southwest 6th Street for the last 43 years. And when you says two minutes, I'm sorry, I am not a lawyer. But unfortunately, you know, with Navarro store that we -- you saw the picture, and we have to suffer the traffic and everything else. And now we're going back to the same thing with -- the only difference is -- and I hope that you people understand our problem as a, you know, homeowners. I hope and pray that you understand and you think about and you try to do the best for everybody, not only for us; also for them. Because the City of Coral Gables -- because it's Coral Gables can do anything they want, but we have to suffer the consequences. Thank you for your time. Vice Chair Carollo: Thank you, ma'am. And knowing or assuming that you were not an attorney, that's why I used the Chairman's discretion andl allowed you the two minutes, so -- anyone else from the public wishing to speak on this item? Anyone else from the public wishing to speak on this item? Hearing none, seeing none, the public meeting -- public hearing is closed. Ms. Sibila: I get to rebut, though, still. Vice Chair Carollo: Yes. Go ahead, ma'am. Ms. Sibila: Mr. Commissioners, just a couple of points that we want to make. The reason that we're seeking this is because it's not a useable place for a single-family home. This property's City of Miami Page 59 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 fallen in disrepair from the prior owners, and it has a history of Code enforcement issues against it with trash, with being unkept, with illicit activity occurring at the site. The reason -- one of the reasons that they purchased it as well is because it started deteriorating to the point that all this activity that was taking place was starting to not only hinder the residents of the City ofMiami, but also the business that they're having at their property as well. I also like to remind you, you all do have powers and safeguards that we're providing to you. This declaration of restricted covenant would provide that the property would only be used for surface parking, no matter what the C-1 category would allow. We're only allowed to do surface parking. We're required in this covenant to maintain the ten foot wide landscape buffer that you see in the portion of the property that's nearest to the residential home. That's an additional safeguard that we provide to the residents that's not afforded to this residential property right now. So even if this were to be maintained residential and a residential owner came here, they're still going to suffer what this property has suffered, why it's declined in value, and the reason why it's been essentially abandoned for a residential use. We're providing only nine spaces here. We're essentially taking cars that would otherwise be on the street and moving them into the property. That's taking away some of the traffic issues and some of the congestion that these folks are already facing. The situation that's been brought upon by Navarro isn't anything that we can solve. It's not something that we're adding to. It's something that we're trying to take away from and respect the neighbors at the same time. I'd also like to emphasize the declaration of restricted covenants protects you, and there's another protection as well that you could add to this today and we'd be completely in favor of. And let me explain what that is. The district boundary line that we're asking to be moved would be from this portion to the end of our property. What you all could do in order to avoid the situation whereas the residents raise their concern, another property owner might come in and continue to buy all these and try to come in for a rezoning. Simply enough, this Commission can ask -- can make the rezoning only for the 50 feet and leave the northern 10 feet of this site as single family. That would allow the use that we're proposing and the same configuration that's already been looked at by zoning. It would also protect the neighbors from not having the potential of any of these property owners to the north coming in and seeking a rezoning to commercial. In addition, it would provide the buffering effect that we would have to the residential owner to the north that they currently don't have the benefit of right now. Again, when we were approached by the property owner, we evaluated this and took into account the issues that we thought the neighbors would have. We were very cautious of those and that's the reason why you see the buffering, the covenant, the declaration, and everything else that we've provided. And again, I'd like you to consider the rezoning for this and the land -use change, and maybe if your -- if this Commission would so consider just rezoning the 50 feet and leaving that 10-foot single family to give those additional protections to the neighbors. And with that, I'd like to close, and I'd like to ask for this Commission's support on this application this evening. Thank you. Vice Chair Carollo: Thank you, ma'am. I want to bring it back to the Commission for a little discussion, and then, you know, let's try to wrap it up. Right now on the floor we have a motion to defer, which has been seconded. It does not appear that deferring this item is going to give any resolution, so I think we should really vote it up or down. However, I do want to hear from the district Commissioner, and if he so chooses and thinks we should vote it up or down, you know, I would ask the maker of the motion and seconder to withdraw and then ask the, you know, district Commissioner to make the motion. Commissioner Suarez: Thank you, Mr. Chairman. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: I think -- unfortunately, I think some of the solutions that you proffered are very creative in terms of trying to do what you can to buffer the impact of whatever it is that you're going to do there for the parking lot from the residences, and you know, at the end of the day, you know, our obligation is to respond to the residents. And the residents are here and City ofMiami Page 60 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 they, you know, organized themselves in such a fashion, and so has the other neighborhood associations, to oppose this particular rezoning. So -- I mean, the reason why I initially wanted a deferral was because I agreed with Commissioner Gort. As a citizen, as an attorney, and as someone who's represented an association, oftentimes what appears to be an antagonistic situation when the parties come together in good faith and discuss it, something can be worked out, but you know, it doesn't seem like that's the case here. It just doesn't. So I can't be in favor of a rezoning of this property or a land -use change under the circumstances, unless the -- you know, unless the residents are willing to discuss it further. Vice Chair Carollo: Thank you, Commissioner. And with that said, I'm going to ask my colleagues if they would withdraw their motion to defer? Commissioner Gort: He made the motion. Commissioner Dunn: I made the motion. Commissioner Gort: Okay. Vice Chair Carollo: Would you withdraw the motion? Commissioner Dunn: Yes, of course, if that's the will of the -- Commissioner Gort: Withdraw. Commissioner Dunn: -- yes. Vice Chair Carollo: Excellent. And then Commissioner Suarez, do you have a --? Commissioner Suarez: Yes. I will move to deny the land -use, PZ.4, and the zoning change, PZ.5. Vice Chair Carollo: I have a motion by Commissioner Suarez. Is there a second? Commissioner Dunn: Second. Vice Chair Carollo: Seconded by Commissioner Dunn. Any further discussion? It is an ordinance. Madam City Attorney, please read -- Commissioner Gort: Wait a minute. Under discussion. Vice Chair Carollo: Go ahead, Commissioner Gort. Commissioner Gort: I'd like for the Public Works Department to do an analysis and a study, see if they can do something with the traffic flow in there. Mr. Anido: We will do so, Commissioner. Commissioner Gort: Because I think that's one of the major problems that they have there. Commissioner Suarez: Mr. Chair, ifI may? Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: I'd also like to ask the owner -- are you the owner of the property? I'd like to ask the owner of the property to possibly get with our Administration to see if there is City of Miami Page 61 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 another way that we, maybe the City, can acquire the property or something, because I understand your argument as far as it being a single-family residence and having that in front of you. I don't know to what extent we can make it into a park or any other use that we can have some kind of a, you know, useful -- you know, use for that property, but -- you know, so I would encourage you to explore other options. Yamile Montero: I understand the neighbors, but we're (UNINTELLIGIBLE) -- Vice Chair Carollo: Ma'am, you need -- Ms. Montero: Oh, I'm sorry. Yamile Montero. Vice Chair Carollo: Name and address for the record. Ms. Montero: Yamile Montero, in 770 Ponce de Leon Boulevard. I understand the neighbors. We're a victim of Navarro too. But you know, this is nine cars and it's going to be left -only. It's not going to affect them in any means because right in front of our property is Navarro, so it's not like there's -- it's going to be kids riding their bicycles or -- and our employees are not going to be going through their neighborhood. It's going to be a left -only right into 8th Street. It's not going to affect them, but -- and if we can work with them in any way to try to accommodate them as far as maybe closing off the street -- you know, we're also City ofMiami. We have property in the City ofMiami, so we can also maybe push for that, if that help in any means -- in any ways. Vice Chair Carollo: Thank you. Any further discussion from the Commission? I just have a question to the City Attorney and possibly the City Clerk. PZ.4 andPZ.5 are companion items. I guess we take them one at a time? Ms. Chiaro: Well, you can take them together because a motion to deny -- Vice Chair Carollo: Does what? Ms. Chiaro: -- PZ.4 -- Commissioner Gort: Automatically. Ms. Chiaro: -- then makes PZ.5 moot. And if there is a motion to deny, I don't need to read the ordinance into the record. Vice Chair Carollo: Excellent. And you do not need to read -- Ms. Chiaro: I do not. Vice Chair Carollo: Okay. Thank you for the explanation. All in favor, say "aye." Motion dies. Ms. Chiaro: No, motion passes. Ms. Thompson: It's denied. Vice Chair Carollo: Motion is denied. Thank you for that. Ms. Sibila: Thank you. PZ.5 08-01085zc1 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32, OF THE ZONING ATLAS OF City ofMiami Page 62 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 711 SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01085zc1 Analysis.pdf 08-01085zc1 Zoning Map.pdf 08-01085zc1 Aerial Map.pdf 08-01085zc1 Miami 21 Zoning Map.pdf 08-01085zc1 Letter of Intent.pdf 08-01085zc1 Application & Supporting Docs.pdf 08-01085zc1 ZB Reso.pdf 08-01085zc1 CC Legislation (Version 2).pdf 08-010851u1 & 08-01085zc1 Exhibit A.pdf 08-01085zc1 CC FR 02-25-10 Fact Sheet.pdf LOCATION: Approximately 711 SW 39th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrella Sibila, Esquire, on behalf of RMM Properties, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on December 14, 2009 by a vote of 6-0. See companion File ID 08-010851u1. PURPOSE: This will change the above property to "C-1" Restricted Commercial. The applicant will proffer a covenant for this property. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Note for the Record: For minutes related to PZ.5, see PZ.4. PZ.6 09-013001u 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 PROPERTIES LOCATED AT APPROXIMATELY 3500, 3524, 3550, 3590, 3592 SOUTHWEST 7TH STREET; 710 SOUTHWEST 35TH AVENUE AND 711 SOUTHWEST City of Miami Page 63 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 36TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-013001u CC Analysis.pdf 09-013001u Land Use Map.pdf 09-013001u Aerial Map.pdf 09-013001u PAB Reso.pdf 09-013001u Miami -Dade County Public School Concurrency.pdf 09-013001u Application & Supporting Documents.pdf 09-013001u CC Legislation (Version 2).pdf 09-013001u & 09-01300zc Exhibit A.pdf 09-013001u CC FR 02-25-10 Fact Sheet.pdf 09-013001u-Submittal-Gilberto Pastoriza-Declaration of Restrictive Covenants.pdf 09-013001u-Submittal-Gilberto Pastoriza.pdf LOCATION: Approximately 3500, 3524, 3550, 3590, 3592 SW 7th Street; 710 SW 35th Avenue and 711 SW 36th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of COVA, Inc., Felipe A. Valls, Jr. as Trustee, Felipe A. Valls, Sr. and Aminta Valls FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 2, 2009 by a vote of 9-0; except for the North twenty feet parallel to Southwest 7th Street, which is to remain with the "Duplex Residential" Land Use designation. See companion File ID 09-01300zc. PURPOSE: This will change the above properties to "Restricted Commercial'. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: PZ.6. Roberto Lavernia (Chief of Land Development, Planning Department): Mr. Chairman. Vice Chair Carollo: Yes. Mr. Lavernia: For the records [sic] again, Roberto Lavernia, with the Planning Department. PZ. 6 and PZ.7 are also companion items. The land -use and zoning change request for those properties facing Southwest 7th Street, between 35th and 36th Avenue, that is the back of the Versailles restaurant. The change is from duplex residential to restricted commercial. The Planning Department recommend denial for the same reason: intrusion of commercial uses into residential streets or area. The Planning Advisory Board recommended approval to City Commission, except for the north 20 feet parallel to Southwest 7th Street, which is to remain duplex residential. In the Zoning Board -- City of Miami Page 64 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: I'm sorry. Commissioner Suarez specifically requested to be present when the items in his district was being heard or -- he actually requested that the item be not heard if he wasn't present, but he stepped out, so -- Commissioner Gort: We take five? Vice Chair Carollo: I say we take a five-minute recess, okay. Thank you. [Later...] Vice Chair Carollo: (INAUDIBLE) PZ (Planning & Zoning) meeting, and PZ.6. If you can start from the beginning again, since the district Commissioner is here. Thankyou. Mr. Lavernia: Hello. For the records [sic] again, Roberto Lavernia, with the Planning Department. PZ. 6 and PZ.7 are companion items, petition of change the future land -use map of the Comprehensive Plan and the zoning atlas of 11000. The petition is from duplex residential to restricted commercial. The Planning Department recommend denial for commercial intrusion into residential area. Planning Advisory Board recommend approval with the exception of the north 20 feet parallel to Southwest 7th Street to remain duplex residential to avoid domino effect. On PZ.7 the Zoning Board recommend approval based on the representation of the applicant that a covenant will be proffered to the City Commission with the following conditions: 1) allow the same uses as a T4 transect in Miami 21 to allow for the expansion of the restaurant and bakery; 2) limit height not to exceed 39 feet; 3) prevent ingress and egress on Southwest 7th Street; and 4) provide a 10 foot landscape buffer. Thank you. Vice Chair Carollo: Thankyou. Gilberto Pastoriza: Good afternoon, Mr. Chairman, members of the Commission. Gilberto Pastoriza, 2525 Ponce de Leon. I'm here representing the Valls family on this application. We - - like your Department just told you, we're seeking a comp plan amendment from duplex to restricted commercial and a rezoning from R-2 to C-1. As you can see here in the map, the properties in question are properties that are outlined in the heavy black here. This right here is the current Versailles restaurant on this corner and the Versailles bakery on the corner toward 35th Avenue. I think it's important to note that the properties that we have to the west, they have - - they're both -- they're all zoned commercial, the entire block, from Southwest 8th Street to 7th Street so that we're basically following the line of that Southwest 7th Street, Southwest 8th Street. The proposed request is really necessary for the continued growth and the health of the Versailles restaurant and the bakery. For better or for worse, we are a victim of our own success. Versailles currently employs more than 350 people and serves in excess of 1,000 patrons each day. Versailles is a world-renowned destination that, as you all know, attracts politicians, businessmen, and the regular -- you know, the regular person who likes to go there and just to have a cafecito and maybe talk a little bit of politics. In order to efficiently and economically accommodate our clientele and the services that Versailles now has on its property, we need to modernize our facilities, we need to make improvements to our buildings, and to some buildings we need to add or extend them a little bit. Versailles has been in this location for 38 years. Versailles wants to continue being there for as long as it can. I -- I'm not going to, you know, bore you with all the comp plan goals, policies, and objectives that this application is consistent with. What I would like to do so that the record will reflect it is hand to your Clerk a list of those comp plan goals, policies, and objectives that meet this -- that are consistent with this application. This application is infill growth with all the infrastructures surrounding the property. It meets all your levels of services standards, and we believe it's consistent with like 10 or 15 of the land -use policies that I've given to your Clerk. Versailles is willing to -- recognizing the neighbors to the north, Versailles is willing -- andl would submit a covenant to that effect, which I'll give a copy to your Clerk and a copy to your City Attorney and a copy to your Planning Department. And basically what the covenant says is we will provide a City of Miami Page 65 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 10 foot buffer all along Southwest 7th Street there -- with extensive landscaping and a 6-foot wall at the end of that buffer. Also, there will be no ingress and egress from this side to Southwest 7th Street. I think that -- I don't know whether Mr. Valls wanted to say a few words. And what would ask you is that you please -- respectfully request that you approve this application. Thankyou. Mr. Valls. Felipe Valls: Commissioners, good afternoon. Felipe Valls, Jr., 3553 Southwest 8th Street is our offices. Basically what we're asking for here is -- and what we will be willing to do -- Versailles, as you know, has a tremendous problem in the neighborhood with customers parking at everybody's houses. It's always had that problem. We've grown our parking, but it still has that problem. In fact, as different to almost any other meeting I've seen of these, we've had neighbors here in the last two meetings with the board and so forth in not opposing but in favor of us increasing our parking because it's become a problem for them. It always has been. They're always on those swales on the sides of the street. This would obviously eliminate it. With this amount of parking, we'd be clean of that and they'd have nobody going into 7th Street. So 7th Street, in essence, would be completely closed, all the accesses would be to the side, which you know today are there. The ones that go to the other parking lot and to the other commercial side, and it's commercial all obviously to 8th Street. We will be doing extensive landscaping there with the idea of building, if anything, Versailles -- we're not doing this -- obviously, it's a very expensive proposition to buy all this land for a restaurant, but for us it's a very meaningful restaurant. And mainly we want to do is -- and as far as building, would be the back of the Versailles restaurant. As you know, it's a little bit sightly on the open end of that facade. We want to kind of build something against that building to kind of close the building and make it a nice building all the way around instead of having that open side. We're not going to expand the restaurant to twice the size. We're not doing this to build obviously, you know, residential or any commercial building either. You all know how Versailles is. You know the immense problem it has with parking, so basically, this would be something -- it would be going for many years as that, and all we're asking is that you understand that it's commercial on both sides, that our neighbors are in favor of us doing this, and we had 30 of them here the other day. You can have the record -- so we have really no opposition. Everybody's in favor. It would beautin, that whole area and that pod there that sits that Versailles is so -- been there so many years. Basically, that's it. Thankyou. Mr. Pastoriza: Thank you. And we're here to answer any questions you may have. Vice Chair Carollo: Is there a motion? Commissioner Suarez: I'll move the item along. Commissioner Dunn: I'll second. Vice Chair Carollo: There is a motion by Commissioner Suarez and there is a second by Commissioner Dunn. I'm going to open up the public hearing. Anyone from the public wishing to speak on this item? Is there anyone from the public wishing to speak on this item? Hearing none and seeing none, the public hearing is closed; back to the Commission. Any discussion? Commissioner Dunn: Mr. Chair -- Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: -- aside from following the lead of our district Commissioner and this great change, I do want to compliment you on the food I enjoy it very much. I figured we needed a laugh after all this today. It's a -- and that's a true statement, though. I do. I've been there at midnight, one o'clock, 2 o'clock. I know I can always go on Southwest 8th Street and get me some black beans and rice. City of Miami Page 66 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Mr. Valls: Thank you. We just hope to extend the years and to continue giving those services. Thank you. Commissioner Gort: I think Versailles -- Vice Chair Carollo: Commissioner Gort. Commissioner Gort: -- has become sort of a symbol of what the immigrants have done in this City ofMiami where they come in, they had a small restaurant. And today, let's face it, Versailles is known worldwide. And any time you need the -- in the newscast they have some news coming out, they go to Versailles to get their interviews over there, so not only it has become a news item, but also a tourist attraction with a lot of the people that go in there to try the food and so on. And Frank, I see you got the son running it. I think you'll probably have a grandson coming up too, so it's going to be there for 100 years, stuff like that. Congratulations to you all. Mr. Valls: Thank you. Vice Chair Carollo: Any further discussion? Commissioner Suarez. Commissioner Suarez: Mr. Chairman, I too want to commend the food, and it's an enjoyable experience going in your restaurant. It's a long-time staple of our community. I think you've proffered this in a very responsible way, in a way that acknowledges the challenges of growing a restaurant nearing a residential area. Andl appreciate the covenants that you proffered to ensure that there are appropriate buffers between the residences and the commercial establishments. So it's with great privilege that I sit here before you moving this item along. Vice Chair Carollo: Any further discussion? Hearing none, Madam City Attorney, please read the ordinance into the record. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll -- Vice Chair Carollo: Roll call. Ms. Thompson: -- 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 Carollo: Thank you. Mr. Valls: Thank you very much. PZ.7 09-01300zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3500, 3524, 3550, First Reading City ofMiami Page 67 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 3590, 3592 SOUTHWEST 7TH STREET; 710 SOUTHWEST 35TH AVENUE AND 711 SOUTHWEST 36TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-01300zc Analysis - NEW.pdf 09-01300zc Zoning Map.pdf 09-01300zc Aerial Map.pdf 09-01300zc Miami21 Map.pdf 09-01300zc Letter of Intent.pdf 09-01300zc Application & Supporting Docs.pdf 09-01300zc Survey.pdf 09-01300zc ZB Reso.pdf 09-01300zc CC Legislation (Version 2).pdf 09-013001u & 09-01300zc Exhibit A. pdf 09-01300zc CC FR 02-25-10 Fact Sheet.pdf 09-01300zc-Submittal-Gilberto Pastoriza-Declaration of Restrictive Covenants. pdf 09-01300zc-Submittal-Gilberto Pastoriza.pdf LOCATION: Approximately 3500, 3524, 3550, 3590, 3592 SW 7th Street; 710 SW 35th Avenue and 711 SW 36th Avenue [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrella Sibila, Esquire, on behalf of COVA, INC., Felipe A. Valls, Jr. as Trustee, Felipe A. Valls, Sr. and Aminta Valls FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 11, 2010 by a vote of 5-0. This Zoning Change is recommended for approval based on the representation of counsel that a covenant will be proffered to the City Commission to: 1) Allow the same uses as a "T4" Transect in Miami 21 to allow for the expansion of the restaurant and bakery; 2) Limit height not to exceed thirty-nine (39) feet; 3) Prevent ingress and egress on Southwest 7th Street; and 4) Provide a ten (10) foot landscape buffer. See companion File ID 09-013001u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant will proffer a covenant for these properties. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: PZ.7 automatically gets passed or do we need a motion for that? Maria J. Chiaro (Deputy City Attorney): You need a motion, and need to read the ordinance. Commissioner Suarez: So moved. Commissioner Dunn: Second. City of Miami Page 68 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: I have a motion on PZ.7. Motion by Commissioner Suarez, seconded by Commissioner Dunn. Any discussion? Hearing no discussion. Anyone from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing none and seeing none, the public hearing is now closed; back to the Commission. Any discussion? Madam City Attorney, please read the ordinance into the record. Ms. Chiaro: And this is the companion zoning ordinance. 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: Your ordinance has been passed on first reading, 4-0. Gilberto Pastoriza: Thank you. Felipe Valls: Thank you very much. It's a privilege to be here with you. Thank you. PZ.8 09-00616za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED MAY 20, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN IN LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-00616za ZB Reso.pdf 09-00616za ZB 09-14-09 Backup Documentation. pdf 09-00616za ZB Appeal Letter & Supporting Documents.pdf 09-00616za CC Legislation (Version 3).pdf 09-00616za CC Legislation (Version 4).pdf 09-00616za CC 02-25-10 Fact Sheet.pdf LOCATION: Approximately 350 NW 2nd Street [Commissioner Richard P. Dunn II - District 5] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on September 14, 2009 by a vote of 4-2. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. City of Miami Page 69 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez PZ.9 09-00800x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 09-00800x Analysis.pdf 09-00800x Zoning Map.pdf 09-00800x Aerial Map.pdf 09-00800x Application & Supporting Docs.pdf 09-00800x Plans.pdf 09-00800x ZB Reso.pdf 09-00800x Appeal Letter.pdf 09-00800x CC Legislation (Version 3).pdf 09-00800x CC Legislation (Version 4).pdf 09-00800x Exhibit A.pdf 09-00800x CC 02-25-10 Fact Sheet.pdf LOCATION: Approximately 3300 S Moorings Way [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Bruce G. Hermelee, Esquire, on behalf of The Moorings Property Owners Association, Inc., Lawrence D. Tornek and Gerald Kelfer, Residents APPLICANT(S): Richard A. Brunnell, President, on behalf of SkyScrapper, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the original request. ZONING BOARD: Granted the Special Exception with conditions* on October 19, 2009 by a vote of 9-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow extensions of docks and piers with more than 35 feet into waterways. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 70 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez PZ.10 08-00698ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY MIAMI-DADE COUNTY PUBLIC SCHOOLS AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A TREE REMOVAL PERMIT FOR EIGHT (8) BISHOPWOOD TREES AT MIAMI SENIOR HIGH SCHOOL LOCATED AT SOUTHWEST 3RD STREET BETWEEN SOUTHWEST 24TH AND SOUTHWEST 25TH AVENUES, MIAMI, FLORIDA, AFTER FINDING THE TREE REMOVAL DOES NOT COMPLY WITH THE CRITERIA FOR TREE REMOVAL SET FORTH ARTICLE 8.1 OF THE ZONING ORDINANCE. 08-00698ha Zoning Map.pdf 08-00698ha Aerial Map.pdf 08-00698ha CC Appeal Letter.pdf 08-00698ha HEPB Reso.pdf 08-00698ha HEPB 01-05-10 Fact Sheet.pdf 08-00698ha Miami -Dade County Landscape Manual.pdf 08-00698ha City of Miami Code of Ordinances Sec. 17-37.pdf 08-00698ha City of Miami Code of Ordinances Sec. 24-49.9.pdf 08-00698ha City of Miami Excerts from Sec. 8.1 of the Zoning Code.pdf 08-00698ha Proc. Fla. State Hort. Soc. 97, 1984.pdf 08-00698ha HEPB Appeal Letter with Plans & Pictures.pdf 08-00698ha Regina Hagger Email #2 Regarding Protest.pdf 08-00698ha Neil D. Kolner Letter.pdf 08-00698ha Regina Hagger Emails #1 Regarding Protest.pdf 08-00698ha Department of Public Works Notice Posted.pdf 08-00698ha Tree Permit Application.pdf 08-00698ha CC Legislation (Version 2).pdf 08-00698ha CC Legislation (Version 3).pdf 08-00698ha Handed out by Residents.pdf 08-00698ha CC 02-25-10 Fact Sheet.pdf LOCATION: Approximately 2450 SW 1st Street [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Luis M. Garcia, Esquire, on behalf of Miami -Dade County Public Schools and Zyscovich Architects FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied a motion to approve the appeal of the decision of the Public Works director of a Tree Removal Permit on January 5, 2010 by a vote of 6-3. PURPOSE: The approval of this appeal will allow the removal of eight Bishopwood trees at Miami Senior High School. City of Miami Page 71 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Absent: 2 - Commissioner(s) Sarnoff and Suarez PZ.11 09-00565ha1 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY PATRA LIU AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION AND NEW CONSTRUCTION OF 811 NORTHWEST 7TH STREET ROAD, A CONTRIBUTING RESOURCE LOCATED IN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA. 09-00565ha1 HEPB 11-03-09 Fact Sheet.pdf 09-00565ha1 Appeal Letter.pdf 09-00565ha1 Supplement to Appeal.pdf 09-00565ha1 HEPB Reso.pdf 09-00565ha1 Zoning Map.pdf 09-00565ha1 Aerial Map.pdf 09-00565ha1 Application for Certificate of Appropriateness.pdf 09-00565ha1 Plans.pdf 09-00565ha1 CC Legislation (Version 2).pdf 09-00565ha1 CC Legislation (Version 3).pdf 09-00565ha1 CC 02-25-10 Fact Sheet.pdf 09-00565ha1-Submittal-Bob de la Fuente.pdf 09-00565ha1-Submittal-Support for Patrica Liu.pdf LOCATION: Approximately 811 NW 7th Street Road [Commissioner Richard P. Dunn II - District 5] APPELLANT(S)/APPLICANT(S): Bob de la Fuente, Esquire, on behalf of Patra Liu, Owner FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the Certificates of Appropriateness on November 3, 2009 by a vote of 4-3. PURPOSE: The approval of this appeal will allow the partial demolition of the existing residence and new construction at the above location. Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: PZ.11. Ellen Uguccioni (Planning Department): Good afternoon, Mr. Chairman, members of the Commission. Ellen Uguccioni, preservation officer. This is an appeal from a decision of the Historic and Environmental Preservation Board, which denied an application for a certificate of City of Miami Page 72 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 appropriateness for the partial demolition and construction of a two-story addition at 811 Northwest Street Road, which is a contributing structure within the Spring Garden Historic District. This home was built in 1940, and it sits on the Seybold Canal. The rear of the house is on the Seybold Canal. And over the years, through successive flooding, the applicants brought to us photographs of the house and the joists underneath of the house were rotting, which caused the house to settle, which caused additional cracking. And they came to the HEP (Historic and Environmental Preservation) Board in May of 2009 requesting total demolition of the house with the thesis that it could not be repaired without essentially rebuilding the entire house. The HEP Board denied the request for demolition in May by a vote of 7-1. Some months later the applicant met with the Spring Garden Neighborhood Association. The architect produced another set of plans in a way in which to try to retain the most significant portion of the house and still achieve the addition. So what they have accomplished is retaining the front portion of the house just a little bit beyond the ridgeline, and then from that point forward there is a two-story addition. So if you're standing in front of the house, you still perceive the residence as it had been originally and yet, there is an addition behind it. I think the applicant and the applicant's attorney are going to speak to their conversations with the neighborhood association and what the applicant, Ms. Liu, is offering for your approval. Thank you, sir. Vice Chair Carollo: Thank you. Is the applicant ready? Bob De La Fuente: Yes. I apologize. Vice Chair Carollo: Name and address for the record. Mr. De La Fuente: Mr. Chair, members of the Commission, Bob De La Fuente, with Tew Cardenas, 1441 Brickell Avenue. I am here on behalf ofPatra Liu, the homeowner and the applicant. With me today are the applicant, Patra Liu; Ilia Mosscrop, who is our architect. He has significant and extensive experience working with historic properties in districts in Miami and Miami Beach, and you'll hear more from him later. As Ms. Uguccioni said, we are here on the appeal of a denial by the HEP Board from its November 3, 2009 meeting. This was an application for the partial demolition and new construction for a home located in Spring Garden at 811 Northwest 7th Street Road You'll be seeing -- well, you have the packets in front of also, which has a summary of what's occurred in this matter. This is in Commissioner Dunn's district. And this appeal's a little bit unusual in several ways and one of them is the reason why I just came rushing in here. As Ms. Uguccioni mentioned, my client had done everything possible to get approval from the HEP Board, but she lost by a very narrow 4-3 vote. This was her second application, as Ms. Uguccioni mentioned. The first was for a total demolition, which still had a favorable recommendation. She invested in a redesign, a substantial investment in a redesign with her architect, and filed this application which incorporated an address to comments made during her first meeting. My client and our architect met with Ms. Uguccioni on numerous occasions to arrive at design that we are here with before you today. As you know, this received an extremely favorable recommendation from your professional staff. And at the time of the hearing in November in front of the Historic Preservation Board, Ms. Liu had the support of the Spring Garden Civic Association, as well as many of her neighbors. We are submitting a petition of support. It's Exhibit E of your packet, signed by 17 of the neighbors, as well as letters from two of her neighbors. One of them directly next door and the other one directly across the street, Mr. Flavio Carillo, who is here with us today to support her in person; and Megan Halloran, who's her across -the -street neighbor, who's also submitted a letter, and may be here as well if her schedule permits. Nevertheless, at that HEP Board meeting she narrowly failed to get approval with a 4-3. One of the comments that's important to point out was by Mr. Marsden. He said that this design was a wonderful compromise that met both historic preservation considerations and new construction considerations. Unfortunately for Ms. Liu, one board member, who had even supported the complete demolition, was not present at that meeting. That denial brings us here today. The house that you see today is a modest 1200-square foot home. Ms. Liu bought the home in 2002 with the intent to live in this home, assess her needs, and City of Miami Page 73 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 ultimately renovate to her specifications and her needs. In approximately 2006, the house began to deteriorate and began to literally fall apart. And as Mr. Mosscrop can explain further, the nature of this type of deterioration is one that proceeds rapidly once things start to go wrong. And you'll see some of the photos that Mr. Mosscrop will scroll through, and they're also contained in your packet. So Ms. Liu is here because she wants to improve her house. And it's very important for you to know that she's not a house flipper. She's a true Spring Garden resident who will live in this home when it's complete. Indeed, if she had other intentions, she would have invested the money to renovate and then flip back in 2005 when the market was better. But here we are here today even in this real estate market and she's willing to make a substantial investment to improve this home. You'll see in your packet as Exhibit B the property appraiser information on this home. There's been $150, 000 drop in market value from 2008 to 2009, but she still wants to move forward because this is where she wants to live. You'll see that this is a waterfront property. It's on the Seybold Canal. And this application represents a reasonable investment backed expectation for this property because of its location. So she's willing to do this. We included in your packet a letter from a structural engineer. It's very clear. It says this home is in need of complete renovation, including most significantly structural repair. And Gelwin Associates is the name of the company. In a nutshell, the home is in poor structural condition as a result of certain conditions beyond Ms. Liu's control. There's a drop in elevation between the front and rear that results in water flow during storms and standing water after storms. This has undermined the existing foundations. The photos in the packet show you the water level. The wood joists need to be replaced. Complete replacement of the floor system is required. Existing masonry walls must be brought up to current Code. Partial tie beam replacements are required, which will result in replacement of a good portion of the roof. Existing footings must be replaced, and repairs are required to existing interior wood frame load -bearing partitions. All this leads to a conclusion that the 50 percent rule will be exceeded. This means that in order to do any renovation to make this house habitable and even just to make the required structural improvements, the entire house must be brought up to current Code. As Mr. Mosscrop will further explain, this means that all habitable portions of the home would have to be elevated to meet current flood criteria. And we know this because he and Ms. Liu have met with your Building Department, who have explained this criteria to them, and we appreciate the availability and accessibility ofyour Building Department and your Planning Department in arriving at this design that's before you today. Per the structural engineer's report, there's no way to do the required work to make this house habitable without elevating all habitable portions, even if this were to remain a one-story home. So as I mentioned, Mr. Mosscrop, the architect, will explain the project to you, but during his presentation, I'm asking that you keep certain things in mind. We have a positive recommendation from your professional staff. As Ms. Uguccioni mentioned, she -- you know, she has been a recognized historic preservation expert for approximately 30 years. She is well-known in this field, and provided you with a professional well -reasoned support. You'll see on page 2 of the packet, the plans depict a home which is comparable in height and scale, directional emphasis, setbacks front and side, and shape to its neighboring homes. It also states that there is a clear derentiation between old and new. The architect and owner have made careful consideration in relating the new construction to the neighborhood. Most importantly, on page 3 there's a conclusion that this approach that the architect has taken in this project represents a successful compromise between the total demolition of the home and an attempt to correct the structural and building code deficiencies. This proposal meets the intent of the secretary of the interior standard number 9. Ms. Liu will be preserving the front of the home. You can see in the rendering that's on the easel, that's what it'll look like when it's done. The front of the home is what's original today, and she plans to restore. This would preserve the historic streetscape. However, you should know that this is a very costly proposition for Ms. Liu to do this. The entire house, as it stands today, is currently below the required flood elevation. That means that the preserved portion will also continue to be below flood elevation requirements; therefore, that portion of the home cannot be occupied, per the conclusion ofyour Building Department. This leaves Ms. Liu with essentially an enormous 260-square foot foyer or an entry hall which she can't occupy. She can either use it just as an entry hall or for storage, but it can't be a usable City of Miami Page 74 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 part of the house. But she's willing to do this and have this enormous entry hall so she can renovate this home. Now this is the issue that's just been sprung on us now. We kind of got ambushed by the Spring Garden Civic Association. As I mentioned, they did support her application at the November hearing. As part of that support, they made their concerns clear. Their main concern was that this project would not get finished and there would be a partially completed jobsite left here. So Ms. Liu made an extraordinary and, to our knowledge, an unprecedented proffer in this type of an application to address this concern. And today, she would reaffirm her proffer to do this, and that is to establish an escrow account prior to the issuance of a building permit with sufficient funds to complete the shell of the proposed addition in order to protect the neighborhood from the possibility of an abandoned construction site. This is extraordinary. When she told me she'd done this, I couldn't believe it, but in an effort to be a good neighbor and to address the concerns of the Spring Garden Civic Association, she's gone to the lengths of offering that. Since in the last several weeks, Mr. Mosscrop had been trying to get a response from the Association to confirm that their position had remained the same. It's only now, right before we came in here, that we heard from the Association that they no longer support this application because -- andl'll let them speak for themselves, but basically, my understanding's that they don't want to go against a ruling by the Historic and Environmental Preservation Board. However, that have nothing to do with -- they made an independent evaluation of whether or not they supported this before. My client met with them, and she'll explain to you herself the extensive meeting she had onsite with authorized representatives of this association where they gave her specific input which drove this design, and she asked for an architect and paid him money to come up with this design thinking that it was what they wanted. And today they tell us they don't support her anymore. For you to keep in mind when you review whether or not this is an appropriate application for this site, look at the setback of this house. This house enjoys a greater setback from the street than most of its neighbors, minimizing the impact of addition, which will be at the rear of the home and away from the street. The street itself enjoys a variety of architectural styles and heights of homes. Indeed, the next -door house has two stories, making the proposed addition an appropriate addition for this area. There is mature landscaping and mature trees in the front of the house, which will further buffer the effect of the new addition on the street. That's what we tried to get the renderer to do, was to show you that with the trees, the second story is minimized. Green space and pervious area helping address the already big drainage problem on the site, which you'll see, will be preserved by having a two-story addition rather than a larger one -level addition in the back. By having just a one -level addition in the back, that would take up most of the green space and pervious area. And you'll see in your packet that there's a big flood problem here, and that's one of the things that she wants to avoid. Also important for you to know is that this proposal is well under the allowable FAR (Floor Area Ratio) for this site, using only approximately 60 percent of what is allowed under the Code. So Ms. Uguccioni, I believe, did a good job with explaining to you why it is that she, in her professional opinion, supports this application. I don't know how far she went into the logic that historic neighborhoods are not museums. There is a process of discernment where not everything needs to be preserved in its 100 percent original state. Clearly, your professional staffs recommendation saw that this house is one that's appropriately renovated in this matter. Ms. Liu will also briefly address you, in addition to Mr. Mosscrop. I understand that there are people who will speak against our position on this, so I would also reserve time for rebuttal. So at this point, I'll ask Mr. Mosscrop to walk you through the design. Thank you. Ilia Mosscrop: Chairman, Commissioners, thank you for your time. My name is Ilija Mosscrop. I'm the architect, with offices at 940 Lincoln Road, in Miami Beach. And I am doing this presentation pro bono for my client. We were caught a little off guard, so I am going to just boot up the computer. Forgive me for this. Can I use the hand-held mike? Vice Chair Carollo: Sure. Mr. Mosscrop: Thank you. While the computer is booting up, let me just talk about the site City of Miami Page 75 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 plan. I think, in your packages, if I'm correct, you have some photographs that show the immediate neighbors along Northwest 7th Street Road surrounding my client's house, and I'll show you those on the computer. But the basic character of this board shows the existing site plan showing the existing house. The basic character of the architectural styles of the neighborhood is very eclectic. There are houses built from 1920 all the way up to, I believe, the 1980s. They range in style and quality and size, some more respectful of their sites than others. And in my client's case, her house -- ifI can draw your attention to this site plan here. The front plane of my client's house is set further back from the street than her two neighbors, than most of the other houses in that neighborhood. The two-story -- to the north of her house is a two-story house which is about 4,000 square feet, and the front of this house is much closer to the street than my client's, both stories. So you have a two-story facade here facing the street. So the notion that the two-story idea of this proposal is out of scale is somewhat misleading. The initial idea was to demolish the existing house and build a brand-new one. After meeting with the neighbors, the neighborhood association, we all came to a consensus that we would preserve half of the existing house that faces Northwest 7th Street Road and build our second -story addition set way back. So if you look at this plan here, you can see that in the existing condition, the shaded portion of the house is the portion that we're keeping. We're proposing to preserve this. This is the portion of the existing house that we're going to remove, and the second floor addition occurs way back here. So you have the existing house and the restored roof here, the secondfloor occurs way back here, much further back than this other two-story neighbor. Let me just see what the status of this -- my computer seems to be having a problem. Okay. Now the main reason that we can't simply restore the existing house is to do with flood elevation. The floor level of the existing house is three feet below FEMA (Federal Emergency Management Agency) -required flood elevation. I met with the building official to try and get a waiver from the building official so that we could keep the existing house in its current state, or just renovate it. He will not give us a waiver to do that, which means if we were to restore the existing structure, we would have to elevate the entire thing by three feet, to begin with. So bearing that in mind, what we've come to -- the compromise that we have come to, which, again, was received very well by the neighborhood association, is that this shaded area here is a portion of the existing floor elevation of the existing house. We cannot raise that. That stays put, which means that it can't be used for habitable purposes. It can be used either for storage or as an empty entrance hall. So we end up having a 260-square-foot entrance hall that cannot be lived in. You then take a flight of steps up. They take you up -- a little over three feet to get to the legal flood elevation of her first floor. Now bearing that in mind, there is a height limit which we have to respect. So even with -- even by raising -- by raising this floor -- because my client has to raise her floor level, this also limits her ceiling heights, which is fine. They're very livable. They're 9 feet. They're not excessive. Now the -- in terms of the massing of this house, let me just bring your attention to the secondfloor here, okay. This drawing shows the roof the restored roof of the existing house, and then a portion of aflat roof here, and then the secondfloor steps back like this. So that's a really big setback from the street. The street begins right here. Here's the existing two-story house. This is our proposed addition. And what you can see in this photo rendering is the fact that the existing house here is preserved and there's a very clear distinction between this and the secondfloor. This is the existing ridgeline of the roof of the existing house, and that complies with some of the standards of the Historic Preservation -- the Historic Preservation officer's request that we make a clear delineation. This pushes that second floor recess way back. So the impact on the street is not as drastic as people seem to think it is. My client is allowed to build up to 60 percent FAR. The FAR for this site is 60 percent. The proposed design is only 36 percent. So she's not being greedy. She's not building a McMansion. Thirty-six percent versus 60, so she's being very modest. And let's see what else. On this board here -- this, I don't think is in your package. Correct me if I'm -- I don't want to -- okay. I'm almost done. You'll see, these images give a very clear idea of the neighbor, the existing two-story neighbor and my client's house here. And then this is the photomontage with the restored firstfloor. We're going to take off the carport and bring back this nice little entrance feature, the restored roof line, and then the secondfloor set way back. Look at how close to the street this secondfloor is. So this clearly is not going to stick out like a sore thumb. This City of Miami Page 76 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 building will actually still dominate. I think -- I don't think there's any need really to go through all of this. I think that concludes the presentation. Vice Chair Carollo: Thank you. Is there a motion? Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Go ahead, Commissioner. Commissioner Dunn: Before that, I would like to hear from Ms. Liu as well as those who are against, if we may. I'm trying to figure out -- it seems as if -- and I'll let her speak -- but she's gone through some great lengths to -- Vice Chair Carollo: I'll open up the public hearing -- Commissioner Dunn: But you need a motion. Vice Chair Carollo: I would prefer to have a motion and a second for discussion. Let them present as far as the public hearing, come back for the -- to the Commission and we could discuss, and then you could always pull your motion; you could, you know, vote on it, and -- Commissioner Dunn: It's for clarification purposes. Now, I understand -- Vice Chair Carollo: Sure. Commissioner Dunn: -- that there is a -- there's an acceptance of some type of -- if you would come -- just to get clarification before I make a motion. Vice Chair Carollo: Go ahead, ma'am. Ms Uguccioni: I'm sorry, sir? What -- Commissioner Dunn: What was the -- what was your position that you stated earlier? Ms. Uguccioni: Okay. Commissioner Dunn: I just want to -- 'cause it seems like there have been some agreement that - - some type of compromise. Am I correct? Vice Chair Carollo: Commissioner Dunn -- and ifI understand this correctly, and you could correct me, I think the Planning Board is in favor of -- Commissioner Dunn: The appeal. Commissioner Gort: The appeal. Vice Chair Carollo: -- the appeal -- Commissioner Gort: Yes. Vice Chair Carollo: -- of the HEP Board. The HEP Board voted against this, andl believe the Planning Board is in favor of the appeal, so a yes vote will be going against the HEP Board and granting their appeal. Is that correct? Ms. Uguccioni: No, sir. Actually, the PAB does not see the HEP Board items. They go directly City of Miami Page 77 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 to you. Staff recommended approval of this approach, but this -- the matter before you is the HEP Board's -- Commissioner Gort: The HEP Board. Ms. Uguccioni: -- decision, which was very close, 4-3; 4 for the proposal and 3 against. Vice Chair Carollo: And if we vote yes, that means we're going to overturn the HEP Board's decision? Ms. Uguccioni: I believe that's correct. Unidentified Speaker: Yes. Vice Chair Carollo: Yes. Commissioner Gort: Vice Chair Carollo: Okay. So a yes vote is overturning the HEP Board's decisions and allowing the homeowners to construct this? Commissioner Dunn: So just -- once again, I just want to be clear again, Mr. Chair. Vice Chair Carollo: Uh-huh. Commissioner Dunn: Is this motion to be made from the standpoint of allowing for discussion or actually a motion for overturning? Vice Chair Carollo: Well -- Commissioner Gort: I'll make a motion, if you want me to. Vice Chair Carollo: Mr. Gort, just -- Commissioner Gort: I'm sorry. Vice Chair Carollo: A motion is a motion with all its powers; however, I am not going to call the question. In other words, if you make a motion, someone'll second. It's going to be -- Commissioner Dunn: So moved. Vice Chair Carollo: Moved by Commissioner Dunn. Is there a second? Commissioner Gort: What's your motion? Commissioner Dunn: My motion is in the position of the Planning Board to appeal. Commissioner Gort: You're in favor of the appellant. Vice Chair Carollo: Of the resolution as so written. Commissioner Dunn: Yes. Vice Chair Carollo: Of the resolution -- Maria," Chiaro (Deputy City Attorney): Mr. Chair, procedurally, I need to interrupt you, and City of Miami Page 78 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 apologize. We're in the middle of the presentation. Vice Chair Carollo: No. Their presentation is over. Ms. Chiaro: I understood that the -- Vice Chair Carollo: It was my understanding that the presentation was over. Mr. Mosscrop: Yes. I'm -- my portion of it is over. Commissioner Gort: His part. Mr. Mosscrop: I don't know if Ms. Liu wants to say anything. Commissioner Gort: The architect's part. Vice Chair Carollo: Gotcha. The architect's part, but not -- Mr. Mosscrop: The architect's portion is over. Vice Chair Carollo: Gotcha, gotcha. Okay, that's -- okay, I misinterpret. When he says the -- that it's -- Mr. Mosscrop: My computer locked. Vice Chair Carollo: -- over, I thought that the presentation was over. Commissioner Dunn: Right. That's why I didn't want to just -- Vice Chair Carollo: Okay, okay, okay. I stand corrected. The whole presentation is not over, just your part -- Commissioner Dunn: Exactly. Vice Chair Carollo: -- the architect's part. Gotcha, gotcha. Mr. Mosscrop: Correct. Vice Chair Carollo: No. I apologize. And yes, please continue. And just for clarification, once they finish their presentation, I'm going to be bringing it back to the Board for a vote -- or I'm sorry, back to the Commission for a motion, and then opening it up to public hearing. Commissioner Dunn: Okay. Vice Chair Carollo: Okay? And I'm sorry, it was a misunderstanding on my part. When you said "it's over, "I thought it was just the whole presentation. Thank you. Mr. Mosscrop: Okay. Thanks. Patra Liu: Mr. Chairman and members of the Commission, my name is Patra Liu. I am the homeowner and the applicant for this project. The house address is 811 Northwest 7th Street Road, andl am joined by my neighbor, Mr. Juan Flavio Carillo. He lives right next door to me in the single -story house. And he is here today because he supports my application for this renovation project, which would include a recessed second story. And he is the one that would be most impacted given that he is the single -story neighbor right next door to me. City of Miami Page 79 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Juan Flavio Carillo: My name is Juan Flavio Carillo. I live in 807 Northwest 7th Street Road for the last 32 years. And am a very good friend of her and support her 100 percent. Vice Chair Carollo: Thankyou. Ms. Liu: IfI can just give you a little bit of background about how this project has unveiled. Yes, back in April of last year, I did have an application for a 100 percent replacement of the home. We did this knowing that, in discussions with the Historic Preservation officer, your staff this was an acceptable approach by them, and so we proceeded with that project. There was opposition from the neighborhood association, and they authorized a group to meet with myself and the architect and to go over their concerns. Now, clearly, they were against the 100 percent replacement, but the team that came over to my house walked through the house and made suggestions of what they would support. Number one, they wanted to make sure that I kept the front facade of the house. Number two, they had no problem with the second story. Actually, one member of the group that came over was an engineer, a civil engineer, and he even suggested taking where the roof line broke and then having the recessed second story. Well, obviously, the first application, it did not pass. And so we again reached out to the neighborhood association knowing what their main comments were, and we drove a redesign of the project knowing that that's what they wanted to see. They wanted to see the front part was stored, and they wanted to see the second story recessed. They had no problem with the second story. Actually, their representative, Ms. DiCarlo (phonetic), also suggested that, yes, I can understand why you would want to preserve your back yard. That's why a second story would be okay. So we went through the redesign process. My architect and met with your professional staff who, I must say, have been really wonderful throughout this whole process being accessible, giving us a lot of feedback, and giving us critique as well, so they -- I just want to say that they have been very accessible throughout this whole project. Well, the redesign led to this. And then in November of '09 we met again with the Spring Garden Neighborhood Association, and we presented these slides or these posters to them, and they had no problem with it, at all. The only thing that they wanted was some assurance that I would be able to complete this project and that I would not leave an abandoned, you know, half -completed house. So they suggested they wanted an escrow. You know, it was really unprecedented. And you know, after some consideration, knowing that that was their only reservation, I agreed to this escrow. And we went before the HEP Board in November, andl voluntarily proffered thatl would establish this escrow because this is what the Spring Garden Association wanted as an assurance. For the last three weeks we've been trying to reach out to the Spring Garden Association through their designated representative that we were supposed to work things out with. We hadn't heard anything. We'd been leaving messages, e-mails (electronic). And only today, 10 minutes before this started, were we -- did we approach them outside and ask well, what's your position now. So, you know, for three weeks we did not know. And their position has completely changed. Their position now is that they don't support it when, before the HEP Board, they stood up here and said that we support this application because Ms. Liu is agreeing to the escrow. So I am asking this Commission that -- you know, there is a process in place which allows homeowners like me to appeal the decisions of the HEP Board. I'm doing this because I think this is a great project, I do want to live in this neighborhood, and that this project has really been driven by the comments from your professional staff of what they believe is acceptable even in this historically -designated neighborhood. So I am asking you today to vote in favor of my application, and thus, it would be overturn the HEP Board's decision. Thank you. Vice Chair Carollo: Thankyou. Commissioner Gort: Thank you. Mr. De La Fuente: That's it for our presentation. I just reserve time for rebuttal. City of Miami Page 80 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: So the whole presentation is over? Mr. De La Fuentes Yes. We are done with our presentation. Thank you. Vice Chair Carollo: Thank you. With that said, is there a motion? Commissioner Gort: It's a public hearing. Unidentified Speaker: No. A vote. Vice Chair Carollo: No. I want to take a motion first, have a second, bring it to a public hearing, and then bring it back to us for discussion. If you don't agree then, just withdraw the motion or, you know, we could vote or discuss it further, but want to get a motion. Is there a motion? Commissioner Dunn: Motion. Go ahead. Vice Chair Carollo: It's going to die then. Commissioner Gort: I'll make a motion in favor of the appellant. Vice Chair Carollo: Yeah. Commissioner Gort: Move it. Vice Chair Carollo: There is a motion by Commissioner Gort. Is there a second? Is there a second? It's going to die for lack of -- Commissioner Suarez: I'll second it for discussion. Vice Chair Carollo: For discussion purposes. Anyone from the public wishing to speak on this matter? Ms. Chiaro: And this is a motion to grant the appeal, Mr. Chair? Vice Chair Carollo: The maker of the motion -- yes. Ms. Chiaro: Thank you. Vice Chair Carollo: Anyone from the public wishing to speak? Please come, ma'am, and state - Eileen Broton: We have not been -- Vice Chair Carollo: Hold on, hold on, hold on. Ms. Broton: -- sworn in. Vice Chair Carollo: Madam City Clerk. Ms. Thompson: Is there anyone else in the chambers that will be speaking on any of the P&Z (Planning & Zoning) items on the agenda? If you are, please stand and raise your right hand. If you -- okay, stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving City of Miami Page 81 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 testimony on zoning issues. Ms. Thompson: Thank you. Vice Chair Carollo: Thank you, Madam City Clerk. And your name and address for the record, ma'am, please. Ms. Broton: My name is Eileen Marcial Broton, 951 Northwest 10th Court. I'm president of the Spring Garden Civic Association. And our attorney has been called away on emer -- for a family emergencies [sic], and we've been unable to -- so I'm going to just do the best I can and hope that we have as much time as they had. I don't know how else to say it. I do want to tell you that we find it unacceptable for a decision by the experts who donate their time to serve on the Historic and Environmental Protection [sic] Board be overturned. I can also tell you that when this first came up for demolition, your professional staff voted for it, and there wasn't -- and it was overwhelmingly -- the decision was not accepted, that it didn't even meet all of the criteria. There wasn't even an engineering report to prove that a demolition was necessary. It came in the day of that hearing. And the neighborhood did not have a similar experience where a professional staff was available and eager to work with us. I can also tell you that the history of the house is very, very important. The original person who owned it and built it was a gentleman, Joseph Leo Di Jordan (phonetic). He lived in the house with his wife in Virginia -- from Virginia. He was an electrician. He lived in -- he built it in 1940. He lived there for 27 years. He was an inventor, and he developed this really cool motorized garage door. This adds historical significance to the structure. After that, we had -- in -- the 1930s, there was a woman by the name of Alicia Pardo. She introduced the Rumba to Europe. She danced -- she -- she danced even before Hitler. She is -- she was world-renowned. She had an incredible write-up at her -- during her death at her -- for her death in the New York Times. Now have two people with historical significance who lived in the house. Vice Chair Carollo: Ma'am, your two minutes are up. Is there someone else from your organization that will allow you an additional two minutes or their time? Would someone from your -- is there other people here that will allow you --? Commissioner Gort: Flowers will allow it. Vice Chair Carollo: Flowers will allow it. Commissioner Gort: Go ahead. Vice Chair Carollo: Is that okay, Mr. Flowers? Charles Flowers: Yes. Vice Chair Carollo: Okay. You have an additional two minutes, ma'am. Ms. Broton: We feel that by overturning a decision by the HEP Board that you are setting an interesting view for all of us to see that our neighborhoods are not being supported and that our historic preservation is not being supported. I believe that it's just inconscionable [sic] that you would not listen to what other people had to say. I will also go on record to say that we did not oppose the structure, but I will tell you that we said that it's going to be up to the Historic and Environmental Protection [sic] Board. We thought that it was too big; it was out of scale and out of character, which is the criteria [sic] for historic preservation. But we said, you know, if you're willing to work with us so we don't have an empty lot, then we're going to let the board make their decision, and they made their decision. Andl really think that it's just unacceptable to go against it. I would also tell you that this little neighborhood will have two walking tours in our neighborhood during Dade Heritage Days. This is an important historic neighborhood. City of Miami Page 82 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Thank you, ma'am. Commissioner Dunn: Mr. Chairman, at some point, when there's public discussion, I would like to ask some questions too. Vice Chair Carollo: Sure. Did you want to ask her something? Commissioner Dunn: Yes. May I? Vice Chair Carollo: Ma'am? Go ahead, Mr. Dunn. Commissioner Dunn: Yes. Thank you -- Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: -- Mr. Chair. I'm just a little bit confused from the standpoint of the lines of communication. Ms. Liu is saying that someone represented or misrepresented, I don't know which one it is, the Spring Garden Association and led her to believe that if she made certain adjustments that it would be acceptable, so I just -- I need some clarification with that, please. Ms. Broton: It is my understanding -- I'm not very talented in that particular area. There may have been other people who were involved in it. I think that if people had understood maybe even the 60 percent plans and could have seen something -- I didn't see it till the final plans were completed, and then several -- Ernie Martin, a lot of us looked and we went like, whoa, that's a McMansion on the back of a little teeny house. These are all little teeny-weeny houses. So I don't think that we had as much input all along the way that -- you know, there's different percent drawings, I would suppose. But the size and the scale, it's just -- it's a little bit -- it's just out of character with that particular neighborhood. Vice Chair Carollo: Thank you. Anyone else -- or do you have any follow-up questions, Commissioner Dunn? Commissioner Dunn: I'm sorry; I didn't hear you. Vice Chair Carollo: Do you have any follow-up questions for her or --? Commissioner Dunn: Yeah. I'm still not -- who represented or misrepre --? Can you tell us, ma'am, who, so -- just so I -- for the record? Ms. Liu: At the very beginning of this project, I spoke to Mrs. Broton, and she told me that she was designating three people as representatives to meet with me. One gentleman's name was Chris Vane (phonetic). He was the vice president of the board; Ms. Joya DeCarlo (phonetic), who also acts as an attorney for the Association and -- excuse me, but there's a third gentleman who was the structural engineer who lived in the neighborhood, so they specifically wanted him to come to my house. Those were the three people that did the tour of the house that I got input from. This was in April of '09. In November of '09, right before the HEP Board meeting, we sat in the living room of -- andl apologize; I don't know the name of the couple. But we sat in the living room of this house. Mr. Mosscrop had these designs. I sat next to Mrs. Broton, and she says, "Looks fine to me. The only concern I have is, you know, are you going to put an escrow or not?" She mentioned Mr. Ernie Martin. He was sitting next to me on my right. He actually had very high praise for the design of this house. This all happened in a living room conversation in November, and when we left that meeting, the only issue on the table was the escrow. They actually had very nice things to say about the billboard drawings. City of Miami Page 83 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Hello, Ms. Broton. I just want to -- I've been loose with this andl haven't even mentioned it before, but I just don't want any issues that -- you know, that's possible. In answering the Commissioner's question, if you could address me -- Ms. Broton: Yeah, you're right. Vice Chair Carollo: -- instead of one another or so forth, which you haven't? Ms. Liu: I'm sorry, Mr. Chair. Ms. Broton: Yeah. Vice Chair Carollo: But I just want, you know -- Ms. Broton: Yeah. Vice Chair Carollo: -- use precaution. Ms. Broton: Yes. Vice Chair Carollo: Ms. Broton, thank you. Go ahead. Ms. Broton: We also have somebody else who -- other people who were there at the meeting. Andl do want to clam that Ernie Martin said that is big. That's too big. A lot of people said that is too big. But when you look at the drawings at that percent of the completed drawings, I think that hadl seen it earlier -- if everybody had seen those drawings much earlier in the design, then we probably would have said something at the time, but to show me your drawing when you're ready to go -- Andl know that they had presented it to staff at the City, and they may not have been as sensitive to the issue. These are little cupcake houses, we call them. These are -- Commissioner Dunn: Yes. Ms. Broton: -- little teeny houses all along the row, representing the 1940 working-class people. So I think that you'll hear from other people who were at that meeting as well. Does that answer -- 2 Vice Chair Carollo: Commissioner. Commissioner Dunn: Are they here? Ms. Broton: Yes. Commissioner Dunn: I would like to hear from them. Yes. Vice Chair Carollo: Sure. Name and address for the record, please. Tamme Flood: Hi. How are you? My name is Tamme Flood. I live at 928 Northwest 9th Court. I've lived in Spring Garden since 1999. The way I describe Spring Garden to people that are looking for the neighborhood -- because most people don't know where it is -- is when you drive east on 836 and you pass Jackson, you see a huge swath of green space along the north bank of the river. This neighborhood is so incredibly special. There are very few historic houses left in our city. They are being bulldozed to the ground every day in East Little Havana. If any ofyou drive through there, you'll see empty lots through the entire city. It's ridiculous. When Patra -- the first knew about this situation -- and she's a neighbor. You know, we all try to get City of Miami Page 84 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 along. But when you move into a historic district, you know that you are not going to be allowed to bulldoze a house to the ground. That is just -- sorry, that's part of the deal. You deal with cracked concrete. You deal with floors that are sagging. You deal with flooding issues. I had a question on the flooding. If she's had flooding since 2002, it's 2010. As a homeowner, would you allow flooding to destroy your home over the course of eight years? I don't think so. We've all dealt with the same issues that Patra has dealt with. When she mentions these meetings, I was at the meeting in November, andl know for a fact -- and Eileen will back me up -- I said the word "McMansion." It is a little tiny house. She's talking about -- first of all, she was talking about bulldozing it to the ground, which is sacrilege in our neighborhood. Then she wants to cut the house horizontally and build a huge two-story on the back. There are about -- I think it's five or six little houses. Yes, there's one on the left, which is -- on her left -- on the left of her house, which is a two-story, but on the right there are little tiny houses all the way down the street. We have one neighbor -- I don't know how much time I have -- the same situation happened on 9th Court. Ava Barnes, which you probably know -- she was on the Historic Board. She wanted to add onto her house. She wanted to live in the house till she died. She took the same size house and she built back. She built -- she doubled the space of her house -- when you look at the -- from -- at the house from the front, there is no difference than when it was built in the '20s. You would never know that she has doubled the space of that house. That is what we deal with. We are charged with preserving the historic integrity of our neighborhood. Andl think Spring Garden has done a really good job and the HEP Board has done a really good job, and for you to overturn, you know, a HEP Board decision, to me -- I think you should defer this so that more people can be here because it was called at 2 o'clock, which is very hard for people to get here. She has a -- I'm sorry; I'm just trying to catch -- get more things in. She has 17 signatures. There are 200 people that live in our neighborhood. I don't think she has a majority, and it was not unanimous. Andl think Patra would -- if she will admit it, she will agree that was -- in November, it's on the record that I went against this project. I think she should build backwards. She should -- the project should not be so huge. And thank you very much. Vice Chair Carollo: Thank you, ma'am. Anyone else from the public wishing to address us? Anyone else from the public wishing to speak on this item? Is there anyone else from the public wishing to speak on this item? Hearing none, seeing none, the public hearing is closed. Mr. De La Fuente: Mr. Chair, just in rebuttal. I did ask for rebuttal just to briefly rebut a couple of things that were said. Vice Chair Carollo: It's coming back to the Commission. Commissioners, do you have any discussion? Commissioner Dunn: I know what the motion was. I would -- I don't if -- I would like to actually vote to deny it now. I don't know if we're able to do that. Vice Chair Carollo: Give us a second, then, the applicant to rebut. Mr. De La Fuente: Yes. Just to briefly address a couple of the points that were raised by Ms. Broton and Ms. Flood. There is a process that Ms. Liu scrupulously followed here. There's a Spring Garden Civic Association with designated representatives and that's fair for her to have to deal with them, but it is unfair to expect her to be able to pickup on an off-the-cuff comment by Ms. Flood at a meeting where she was present but not a designated representative of the Spring Garden Association; just to flippantly say now that she did say it was a McMansion, but then for Ms. Liu to leave that meeting thinking that she had a deal with the Spring Garden Civic Association because she did what she was supposed to do with her designated representatives. From April to November, she went through the right process and came up with this design that has been recommended for approval by your professional staff. And by the way, Mr. Mosscrop is also a recognized historic preservation expert. This is a design that was arrived at very carefully and thoughtfully, and she came up with an idea to address their concern, which was City of Miami Page 85 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 this escrow agreement. And when she left, that's what she thought the rules were and that's what she relied upon. She incurred a lot of expenses to come up with this, and it's unfair for her now to have to deal with an objection made by a member of the Association but not a designated representative. Also, to address one ofMs. Flood's comments about building back. It's interesting because she started out by saying you see a ribbon of green space in back of these houses. Well, that's exactly what Ms. Liu is trying to preserve in the back of her house by building a one-story addition that would extend all the way back, that would eliminate the green space that's left in back ofMs. Liu's house as well as add to the existing flood problem. So with that in mind, we would ask that you grant our appeal and reverse the decision of the HEP Board. Thank you very much. Vice Chair Carollo: Thank you. Coming back to the Commission. Commissioner Dunn, you're recognized. Commissioner Dunn: Yes. I do want to say thatl have heard both of the sides. This is really new to me. Andl always tend to respect the overwhelming view of the said communities. I know this is a very beautiful area, Spring Gardens [sic]. It's one of our last bastions, probably our only bastion of pristine historic preservation in District 5. And even though I can appreciate the efforts ofMs. Liu, I'm going to side with the HEP Board and deny. Vice Chair Carollo: Okay. There is a motion and there is a second. Any discussion? Commissioner Suarez: Mr. Chairman, ifI may? Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: I just want to kind of make a general comment. I agree with Commissioner Dunn in terms of respecting what the homeowners and the area residents would like and how they would like to see their neighborhoods grow and develop and -- or remain in the state that they're in. I just -- you know, I need -- I feel like I need to address certain comments that were made, which is that, you know, the HEP Board -- the reason why we have historically preserved properties is so that they can go through this process. So, in my opinion, the process has worked. You know, otherwise, you -- we would not even be here for this kind of a development. So, you know -- and l just want to add to that that in terms of the HEP Board vote, it was a 4-3 vote, which indicates to me -- it was a 4-3 vote. The HEP -- Commissioner Gort: Yeah. Commissioner Suarez: -- Board's vote was a 4-3 vote, which indicates to me that reasonable men can differ, and reasonable men oftentimes do der on very, you know, important questions. And the reason why this process is -- there's a HEP Board and the reason why there's a City Commission is so that we are the ultimate arbiters of whatever the discussion is or the dispute. Even though the HEP Board is an advisory board, they advise us, and they take votes and they take positions and they make recommendations, ultimately we make the decision. And l just want to clarify that, because I think sometimes people come here with the opinion that, you know, just because a lower board said 'X " that means that we have to say 'X " and that's not necessarily always the case. I think reasonable men can der. It doesn't mean that they're acting in bad faith or that we're acting in bad faith or anything of the sort. But I just wanted to put that on the record because -- you know, I think there will be times -- I think we have generally, as a Commission, in the short time I've been here, have been in agreement with all of the lower boards and their recommendations, but every once in a while we do disagree, and we have -- you know, we have the right to do that and we can disagree, and it's no less -- you know, it has no less weight. In fact, it has more weight 'cause we're the elected officials. So I just wanted to put that on the record. City of Miami Page 86 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Gort: Mr. Chairman. Vice Chair Carollo: Commissioner Gort. Commissioner Gort: As the maker of the motion -- I don't know how many of you all lived there in 1960 and how many of you remember the Emersons that lived there and they went to high school with me andl used to go there. Flower [sic], you're probably the only one that were there at that time. And (UNINTELLIGIBLE) -- it was a beautiful neighborhood. But if you look at some of the pictures, some of the properties that you see here, they're deteriorating. Andl understand you want to maintain your historical site, andl agree with it, but at the same time, I think you're going to have to make some improvement. And the people are willing to work and work with you all and work with the Planning Department, come up with something that will maintain and will enhance the historical site that I'm in favor of it and that's why I made the motion for it. Commissioner Suarez: Mr. Chairman. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: I'm going to withdraw my second on the basis of the district Commissioner's recognition of his position on the issue, but I would suggest, just based on some of the dialogue that has transpired here today, my recommendation will be a deferral. And the reason why is because I think we have to balance the fact that, you know, we don't want these houses to go into such disrepair that they become a hazard, whether they become a physical hazard for the people living in it or they just remain in a state of disrepair because it's not economically feasible for people to restore it. So I would recommend a deferral so that -- obviously, there was some sort of a disagreement as to -- Commissioner Gort: I'll remove my motion. Motion for a referral [sic]. Commissioner Suarez: Motion for a deferral. Vice Chair Carollo: Okay. So the seconder withdraw his second and so did the maker of the motion. And now Commissioner Gort proffered a motion to defer. Commissioner Gort: To defer. Vice Chair Carollo: And it was seconded by Commissioner Suarez? Commissioner Dunn: Reversed, reversed. Commissioner Suarez: Yes. Commissioner Suarez: Whatever. Vice Chair Carollo: Mr. Anido. Mr. Anido: Mr. Chairman, ifI may suggest that if it's going to be deferred, it be deferred to a date certain. Vice Chair Carollo: Do you know what date certain you would like or should we continue it to the next PZ --? Commissioner Suarez: Mr. Chairman. City of Miami Page 87 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Would a month be sufficient time, the next PZ agenda? Mr. Anido: The next PZ agenda is -- Vice Chair Carollo: Mr. Anido, I'm sorry. Mr. Anido -- Mr. Anido: I'm sorry. Vice Chair Carollo: -- could you address -- Mr. Anido: I'm sorry, Mr. Chairman. Vice Chair Carollo: -- the Chair? Mr. Anido: Through the Chair, the next PZ agenda is quite, quite heavy, so it may be better to do it the -- after that. Vice Chair Carollo: Commissioner Dunn, I will yield to you. Commissioner Dunn: Mr. Chair, I would like -- and I've seen this done before -- for both sides to see if they can try again to work together. Vice Chair Carollo: Of course. Commissioner Dunn: Because it looks like we're not too far apart, and some effort has been made on the part of both. Vice Chair Carollo: Exactly. But my question is, when would you like to see it come back to the Commission? Commissioner Dunn: Whenever there's sufficient -- what is sufficient time that -- I guess -- Vice Chair Carollo: Okay. So where -- in the April PZ meeting? Ms. Thompson: April 22. Vice Chair Carollo: April -- Ms. Thompson: Twenty-second. Vice Chair Carollo: April 22? Okay, so I hear there's some -- motion to defer until April 22. Is that correct, the maker of the motion? Commissioner Suarez: Yes. Commissioner Dunn: Yeah, I'll accept that. Vice Chair Carollo: And the seconder? Commissioner Suarez: Yes. Vice Chair Carollo: Yes. Any further discussion? Commissioner Gort. City of Miami Page 88 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Gort: I'd like the -- for the neighbors to understand, look at the picture, look at some of the properties how they're deteriorating, the fences that they have. And when you have someone who's willing to come in, maintain the green area, improve the area, you should work with those people. I mean, don't just say no. Andl think that'll -- this will be an improvement to that area. You want to maintain it because these houses have been built there for a long time. Their plumbing, the electrical, the concrete, the whole work is going down, and pretty soon it's going to become a slump if we don't do something for it. So in getting together, please have all this stuff together. Thank you. Vice Chair Carollo: I agree with Commissioner Gort, andl ask that, you know, both parties do work together and see if we could come to some compromise. Commissioner Dunn. Commissioner Dunn: Mr. Chairman, I know I've been back and forth with this, but would -- may I indulge the possibility -- what's the possibility of us maybe bringing it back a little sooner, maybe in the month of March? Is that possible? Mr. Anido: Sure, we can do so. Commissioner Dunn: Is that --? Mr. Anido: Again, it's a full agenda, but -- Vice Chair Carollo: I will yield to the City Clerk. What other dates? What are the other dates? Ms. Thompson: The months that you have -- I'm sorry -- the dates that are available in March: March 11 is your first meeting of the month. March 25 is the second meeting of the month. Commissioner Dunn: That would be -- the 25th maybe? Vice Chair Carollo: The 25th. That's the one that Mr. Anido is saying that is -- it's -- Commissioner Dunn: It's full? Vice Chair Carollo: Yeah. But I don't want to bring it -- I don't -- I would prefer not to bring a PZ item back on a regular Commission meeting. Commissioner Dunn: Okay, okay. Vice Chair Carollo: So, if possible, either on the 25th or in April, the 22nd. And right now, the motion on the floor is for April 22. Is that --? Commissioner Dunn: You said either the --? Vice Chair Carollo: Well, we could either bring it back -- and again, the maker has to accept. But we could either bring it back for March 25 or April 22. And the moiton right now is a deferral to April 22. Commissioner Dunn: April 22. Okay. Vice Chair Carollo: If you're okay with -- Commissioner Gort: My suggestion is if they can get together and come up with a plan before, we're welcomed to come on the 25th. Maybe they can get together right afterwards and come up with a plan. City of Miami Page 89 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Should we then make it for March 25? And if not, we just defer it again. Mr. De La Fuente: Mr. Chair. Vice Chair Carollo: Would the maker of the motion --? Commissioner Gort: Yes. Vice Chair Carollo: Okay, so it's going to be -- Commissioner Dunn: Thank you. Vice Chair Carollo: -- a deferral to March 25. Does the seconder --? Commissioner Dunn: Thank you. Commissioner Suarez: Yes, as long as the parties are okay with it. Yes. Mr. De La Fuente: Yes. Vice Chair Carollo: Okay. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Motion passes unanimously. Mr. De La Fuente: Thank you. Vice Chair Carollo: Thank you. Grace Solares: Mr. Chair, it's just a point of information on this issue, 'cause I'm totally confused. Vice Chair Carollo: Was it -- was this on -- Ms. Solares: -- has to do -- Vice Chair Carollo: -- the item that just passed? Ms. Solares: It's on the item, yes. Specifically on this item. Vice Chair Carollo: It's going to be deferred. It will be deferred. Ms. Solares: Okay, so I'll ask for the information at the next hearing? Vice Chair Carollo: Yes. It'll be deferred. Ms. Solares: Okay, 'cause I think you recently passed an ordinance -- Ms. Thompson: I'm sorry. Chair, we're having a discussion and the speaker does need to identf herself for the record. I'm sorry. Ms. Solares: Grace Solares 60 Southwest 30th Road. Vice Chair Carollo: Thank you, ma'am. But at the present time, unless it's on -- City of Miami Page 90 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Ms. Solares: I understand. Vice Chair Carollo: -- the item that we're speaking, I really don't -- do not want to address the audience. Thank you. PZ.12 08-00680Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO § 163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-006801u Analysis.pdf 08-006801u Land Use Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-006801u School Board Concurrency.pdf 08-006801u PAB Reso.pdf 08-006801u CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-006801u CC SR 02-25-10 Fact Sheet.pdf LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. See companion File ID 08-00680zc. PURPOSE: This will change the above property to Medium Density Multifamily Residential. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: PZ.12, last item on the agenda. Well, PZ.12 and 13, companion items. PZ.12. Roberto E. Lavernia (Chief of Land Development, Planning Department): Should I present both items at the same time, 12 and 13? It's land -use and zoning change again. City of Miami Page 91 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Sure, present them both at the same time. Maria 1 Chiaro (Deputy City Attorney): You can -- Mr. Chair? Vice Chair Carollo: I'm sorry? Ms. Chiaro: You may hear both items at the same time and have public comment on both items at the same time. Vice Chair Carollo: Thankyou, ma'am. I gave him the okay. Mr. Lavernia: PZ.12 is the request of change the future land -use map of the Comprehensive Plan from medium -density res -- from parks and recreation to medium -density residential. Planning Department recommend for approval. The Planning Board recommend denial to City Commission on September 16. PZ.13 was the request of change the future -- the zoning atlas of Ordinance 11000. The Planning Department recommend approval. The Zoning Board recommend denial. Thankyou. Vice Chair Carollo: Thank you. Carrfour, I think, was supposed to be here. Mr. Lavernia: Mr. Chairman. Vice Chair Carollo: Yes. Mr. Lavernia: The Zoning Board also in September 16 recommended to the City Commission to consider increasing the size of the existing Park [sic] and Recreation zoning in this area and direct the Planning Department to reexamine the existing R-3 on this block and surrounding block by a vote of 7-0, so it was also a recommendation of the Zoning Board. Vice Chair Carollo: Thank you. It was my understanding Carrfour was going to present this. Commissioner Gort: Yes. Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: Mr. Chairman, I'm going to ask that this item -- both of these items be deferred. I know I've been the "defer" Commissioner today -- Vice Chair Carollo: That's fine. Commissioner Dunn: -- but for the purpose of having an opportunity to hear adequate arguments on both sides at the same time, we're tempted to do that, but there was a portion of the development team that was not present. And l just want to be clear before I make a decision. I have no problem making the decision, but I believe that there are just some small discrepancies that might be -- I need some clarification. Vice Chair Carollo: There is a motion by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? Hearing none -- before taking a vote on the deferral, do I need to open up the public hearing, Madam City Clerk? Priscilla A. Thompson (City Clerk): No, sir, because you're not going to discuss anything. We just need to know a date. That's all. City of Miami Page 92 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Thank you, ma'am. Defer it to -- Bill Anido (Assistant City Manager & Interim Public Works Director): Mr. Chairman, to a -- Vice Chair Carollo: Yes. Mr. Anido. Mr. Anido: -- date certain? Commissioner Dunn: Yes. Vice Chair Carollo: Which date would you like, Commissioner Dunn, the maker of the motion? Commissioner Dunn: Well, I mean, was the March 25 or the --? I mean, I don't want to overload it too much. Vice Chair Carollo: I think it was either March 25 or April 22. Commissioner Dunn: Let's bring it back March 25. Vice Chair Carollo: March 25? Commissioner Dunn: Yes, sir. Vice Chair Carollo: So your motion is a deferral for March 25? Commissioner Dunn: Yes, sir. Vice Chair Carollo: Seconder agree? Estrella Sibila: I'm sorry. Commissioner Suarez: Yes. Ms. Sibila: Could there be a time certain set because we've had the people from the neighborhoods come out on several occasions, and I'm sure they'd like to be able to have a time certain as well. Vice Chair Carollo: I'm not going to set a time certain. If the Chairman at that time wishes, he could set it. I'm not going to set it. Ms. Thompson: Excuse me. Vice Chair Carollo: So at that time, if the Chairman would want, you know, it'll be his purview to set a time certain or not. Ms. Thompson: Excuse me, Chair? Vice Chair Carollo: Yes, Madam City Clerk. Ms. Thompson: May I have a name, please? Ms. Sibila: I'm sorry. Estrella Sibila, with law offices at 2525 Ponce de Leon Boulevard. Thank you. City of Miami Page 93 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: With that said, any further discussion from the Commissioners? Commissioner Dunn: No, sir. Vice Chair Carollo: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no." Motion passes unanimously. And before I adjourn, I just want to tell my fellow Commissioners, my fellow colleagues that I appreciate the help. And you know, chairing here -- well, I've only been here three months. It's not easy. I appreciate all the help, and being able to work up here as a team, so I truly thank all of you. Commissioner Dunn: And Mr. Chairman, I just want to -- Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: -- say that you did a very good job, and certainly, it was very orderly. Vice Chair Carollo: Don't BS me. Commissioner Dunn: It was. Vice Chair Carollo: Anyways, again, thank you all. I truly appreciate it. And with that said, meeting adjourned. Thank you. PZ.13 08-00680zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 12, 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 PR PARKS AND RECREATION TO SD-1.1 KINGS HEIGHTS ORCHARD VILLA SPECIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00680zc Analyisis.pdf 08-00680zc Zoning Map.pdf 08-006801u & 08-00680zc Aerial Map.pdf 08-00680zc PAB Resos.pdf 08-00680zc CC Legislation (Version 2).pdf 08-006801u & 08-00680zc Exhibit A.pdf 08-00680zc CC SR 02-25-10 Fact Sheet.pdf LOCATION: Approximately 1421 NW 61st Street [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. City of Miami Page 94 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 PLANNING ADVISORY BOARD (PAB): Recommended denial to City Commission on September 16, 2009 by a vote of 7-0. Also on September 16, 2009, the PAB recommended to the City Commission to consider increasing the size of the existing "Parks and Recreation" zoning in this area and direct the Planning Department to re-examine the existing "R-3" zoning on this block and surrounding blocks, by a vote of 7-0. See companion File ID 08-006801u. PURPOSE: This will change the above property to SD-1.1 King Heights Orchard Villa Special District. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Note for the Record: For minutes related to PZ.13, see PZ.12. END OF PLANNING AND ZONING ITEMS City of Miami Page 95 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 09-01453a DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453 Discussion Page.pdf DISCUSSED Vice Chair Carollo: Mr. Mayor, you could be recognized for your items, just be cognizant of the fact that you have quite a few items and we have our interpreter that leaves at 12, so I don't know if you want me to do the PH (Public Hearing) items first, and then come to you or do you want to --? Mayor Tomas Regalado: Yeah. I think, Mr. Chairman, that is correct, that you can do the PH items and I'll be here. Vice Chair Carollo: Perfect. I'll do the PH items; there's only three, and then we'll go to your -- we'll move up your items. Thank you. [Later...] Mayor Tomas Regalado: Mr. Chairman, we -- as promised, we are today giving you and the members of the Commission an update on the pension and union negotiations. It is probably the breaking point for the City ofMiami, the issue of pensions and union negotiations. We are about to, as you all were briefed, put a team together to start the unions' negotiations contracts. We need to give them a proposal by April, so we still have time to do it. However, on the pensions, we have here the City actuarial [sic] and if you allow, Mr. Chairman, I would like to have the actuarial [sic] to give you an overview, you know, the history and the projections that we have in terms of the pensions. Andl will tell you that the Manager and myself met with all the unions' leaders and they are ready to go to work because they understand the sense of urgency and the gravity of the pension issue. So, if the Chair allows to have the report. Vice Chair Carollo: Yes. And thank you for that, Mr. Mayor. As you know, any information on the pensions and so forth is welcome. I think this Commission has established our urgency and are wanting to get involved already, so any information is welcome andl thank you for bringing this up. And yes, sir, you're recognized for the record. Michael Tierney: Good morning. Commissioner Dunn: Good morning. Vice Chair Carollo: Good morning. Mr. Tierney: My name is Michael Tierney. For people that want to be polite, they'll call me Mike. I am the City actuary. I do not work for the pension plans. I do not do the actuarial evaluations. I'm hired by the City to evaluate those evaluations, provide recommendations about financing options and possible plan changes for union negotiations. So that's my job andl work for you. The news I have today or the progress report is, as you might guess, not particularly favorable, but it is important to understand where we are and where we are headed financially City ofMiami Page 96 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 on the pension plan and their costs. These numbers are as of the first of the fiscal year, 10/1/2009. The plan assets at market value were a little under a billion dollars. This is for FIPO (Firefighters Police), and we'll cover GESE (General Employees Sanitations Employees) next. The plan assets at actuarial measurement, which is a method that does not immediately recognize all the actuarial losses -- oh, great. The plan assets of actuarial do not recognize all the current losses. The purpose of the actuarial methodology is to delay some of the asset loss recognition in hopes that the market will recover and you will never have to recognize those losses. However, in order to be able to recoup that and not have that additional loss recognized over time, you'll have to make more than the assumed rate of investment return. It's not just more than zero. It has to be more than the assumed return. In FIPO, it's seven and three-quarters percent net of investment expenses. The actuarial liabilities -- this is on a GASB (General Accounting Standard Board)-25 measurement basis -- are a little under 1.54 billion. So on a market basis, we have an unfunded of about 570 million. Now, on an actuarial basis, for funding the contributions that we're paying, that's based on unfunded liability of about 375 million. So the last couple hundred million, 175 million haven't been plugged into the contribution requirements yet and we hope that they won't if we can somehow have returns greater than seven and three-quarters. But inevitably, we will if we don't. So -- and by the way, I assume that you can ask questions any time you want. I know you do it anyway, but I'm now encouraging you. The -- so this is the financial status of FIPO. In terms of GESE, it's similar -type numbers. The market values are less than the actuarial or smooth value, the phased recognition value. The actual accrued liabilities are about .86 billion, and the unfunded liabilities on a GASB-25 basis are about 323 million, and they would be about 215 million on a current contribution basis, so that difference, about 108 million is what has not been recognized in the contribution requirements yet. And we hope not to, but it inevitably will if we don't make more than the assumption. In terms of FIPO, here's where we've been. This is the historical contribution chart. I'm not sure if any of you were here the last time we showed this chart. We've just updated it for the last couple of years. And it shows, of course, the big increase in the last year basically due to the market meltdown. Vice Chair Carollo: And excuse me, sir. Your last name? Mr. Tierney: Tierney. Vice Chair Carollo: Tierney. Mr. Tierney, I see in 2001 what appears to me a zero amount. In 2001, was there any monies placed by the City for the retirement fund or our retirement fund or - -? What was the allocation from the City in 2001 for pensions? Mr. Tierney: Well, interpolating from that chart, I think it was just a couple of million dollars. It's not zero, but it's --from a symbolic basis, it's close to zero. Vice Chair Carollo: So -- Mr. Tierney: The exact number, I actually don't -- I can look up, but -- Vice Chair Carollo: So hardly anything? Mr. Tierney: Hardly anything. Vice Chair Carollo: Yeah. So, I mean, don't you think that at that time that the City should have put some of the monies into a reserve account because there's good years and bad years? Mr. Tierney: Of course I do. Vice Chair Carollo: Okay, and by the way, I'm sorry; this is the first time that I see any of this. Remember, you asked as far as questions, you know, sometimes -- what's that old saying? Be City of Miami Page 97 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 careful what you wish for 'cause you just may get it. Now this is the first time that I see any of this so, in all fairness, I'm sure that in the future, you know, if possible, through the Manager, maybe we could get together and go over some of these numbers, you know, into a little bit more detail. But, yeah, I mean this chart, it's staggering, but at the same time, I mean, let's see what happens. In the good years -- andl mean good years where the City really didn't have to pay all that much because of the market and so forth. I mean, shouldn't we have put some into the reserves? Larry Spring (Chief Financial Officer): Mr. Chair? Can I address that question, Mr. Chair? Vice Chair Carollo: Sure. Mr. Spring: Again, Larry Spring, chief financial officer. You're absolutely right. And if you go back to the City's fund balance history, you'll see in that year there was a contribution that made the general fund fund balance go up. Andl think we're around 144 million around that timeframe. So while there was no pension stabilization, if you will, contribution, there was a contribution made or a surplus made to the City's overall general fund balance in those years. Commissioner Suarez: Mr. Chairman, can -- may I be recognized? Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Thank you. Yeah, that doesn't necessarily make me feel better. I thought that the reason why the contribution was so low in 2000 and 2001 was because we were getting a healthy rate of return on our investments. Is that correct or is that incorrect? In other words, we -- our contribution offsets the rate of return. That's the way I understand it. In other words, since we're getting such a poor rate of return right now, we have to make a large contribution. If we were getting a good rate of return in those years, the market is the one that's making the contribution, not the City. So the pension was being funded in those years, because I don't want to make -- leave the impression out there that the City was deficient in any way in funding the pension in those years. Mr. Tierney: I don't think so. In fact, the chart in the actuarial report shows for 2001 a contribution of about 5.5 million, so I guess that little dot there, at least in terms of what the City paid -- this may be the requirement in the chart. The City still paid 5.4 million, historically, in that year so -- Vice Chair Carollo: Well, here's the thing. Mr. Tierney: -- it's still 5 million. Vice Chair Carollo: You're saying this may be the requirement. This is the first I see of this. I don't know. I'm actually expecting you to tell me what we're seeing and what it is. Mr. Tierney: Well, sure. Andl have the actual historical contributions here. Vice Chair Carollo: Which -- Mr. Tierney: This is the requirement. Trying to show the requirements have gone up andl do not know why these numbers are different 'cause I took them from the sources. I didn't create the numbers. I took these from independent sources. Commissioner Suarez: But -- Mr. Tierney: Yes. City of Miami Page 98 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Suarez: -- Mr. Chair? Vice Chair Carollo: Yeah. And before you do -- well, information like that is what we also want to receive so we can -- just like you looked in the numbers, I can look at the numbers and my fellow Commissioners could look at the number and we all in the same playing field, because right now you put up some charts, I don't know what that is. I got to take your numbers at face value. I got to take this chart at face value. Mayor Regalado: Mr. Chairman? Vice Chair Carollo: So you understand what I'm saying. Mr. Tierney: I couldn't agree more. Mayor Regalado: Mr. Chairman? Vice Chair Carollo: And Commissioner Suarez, let me address the Mayor first. Go ahead, Mr. Mayor. Mayor Regalado: On your point, Mr. Chairman, he just recently met with the new Manager, and the commitment that we have to you -- andl have seen this for the first time today, so the commitment that we have is according to your schedule, we are going to have meetings with each of the members of the City Commission with the numbers that he has, and then you may be able to follow up with the unions in terms of FIPO and GESE. But in the next 15 days, 3 weeks, whatever your schedule, we are going to have a meeting, the Manager, myself and the City actuarial [sic], the chief financial officer so, you know, we know everything and all the history and all the (UNINTELLIGIBLE). That's my commitment to you. Vice Chair Carollo: Thank you, Mr. Mayor. And Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I'm not sure that the question was answered. Maybe I didn't pose the question properly. My understanding of what the City's obligation is in terms of contribution is that you have a fund, the pension is a fund and that fund is invested in the market or invested in a variety of different vehicles. And based on a rate of return, and our promised rate of return in our contracts, that determines on an estimated basis or projected basis what the City has to contribute on a yearly basis. So this chart indicates to me that, at least looking at it in laymen's terms -- and you can explain it to me in technical terms -- it seems to me that you estimated from the prior year in 2000 -- you must have estimated a very healthy rate of return in the pension fund itself which necessitated a lesser City contribution, and that's the whole interrelation between Gates and the City and what we have to put in on a yearly basis. Isn't that correct? Mr. Tierney: Well, it's a little more complicated than that, but generally, yes. Now keep in mind, I don't do these numbers. These are the board actuaries. City's not in control of establishing what the requirements are. And they pick a standard assumed rate of return. In the FIPO case, it's seven and three-quarters -- Commissioner Suarez: Right. Mr. Tierney: -- percent. Commissioner Suarez: Yeah. I just didn't want to give -- Mr. Tierney: So it assumes that we make -- assumes we make seven and three-quarters. We City of Miami Page 99 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 don't take into account any more than that in advance. Now ifyou happen to make nine, then the next year's contribution gets a credit. If we only make six, the next year's contribution gets an additional charge, which is kind of what you've said. Commissioner Suarez: That's precisely whatl said. So that means in 2000 we must have done well in our investment fund so that we got a credit for 2001 since we did well, and that's why the contribution -- What I don't want to put out there is the perception that we were underfunding our pension fund. The fact -- the reason why it goes down and it goes up is because it fluctuates adversely with our rate of return in the prior year of our fund -- of our pension fund Mr. Tierney: The City has always made the requirement. The City has always paid the bill the pension board sends them. Commissioner Suarez: Okay. Thank you. Mr. Spring: Mr. Chairman? Vice Chair Carollo: Give me a second. Yes, the City has paid the required; however, I think the point is that in 2001 and so forth, the market was very well so that's where the monies came from, correct? The interest? No? Mr. Tierney: Whatever. The year before whenever the credit was, yes. There's a year delay in the actual numbers, but -- so it may have been 2000, but same principle. Vice Chair Carollo: Right. So in other words, the City actually didn't have to pay as much because the market was doing well. So, in essence, the City those years could have actually built a fund and put monies aside so when the interest and the market's not doing so well, like what we just saw, we have monies there in the reserves to actually put towards -- in other words, you know, instead of having the fluctuation, be more even as far as every year putting in more or less the same. Mr. Tierney: I couldn't agree more. Now, as Larry pointed out, you did increase the reserves. It just wasn't a dedicated reserve. That's all we're talking about. Vice Chair Carollo: Right, exactly. That reserve was, I believe, for the general fund or for operations, exactly, and that's what occurred. Mr. Tierney: Well, including the pension. Vice Chair Carollo: Yes, if you take the money from the general fund, but at the same time, we wanted to build a reserve. Maybe -- Mr. Spring: Well -- Vice Chair Carollo: Go ahead, Mr. Springs [sic]. Mr. Spring: Through the Chair, to answer your point and carry out your thinking, if you will. Money is put into the general fund reserve. Over the remaining years or I think between the years of -- between '03 and say '07, the City did go into the reserve to help support our pension obligation as it started to -- you see as it started to pick up. So, functionally, it functioned the way that you're thinking. It just was not in a -- I have a pension stabilization fund set aside for the sole purpose of "X" so -- Vice Chair Carollo: Got you. And by the way, Mr. Manager, I know you wanted to speak. Go ahead. City of Miami Page 100 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Carlos A. Migoya (City Manager): Thank you. I just wanted to make a slight correction on Mr. Tierney's comment, which he knows it was an illustrative comment. But if the fund gets a return on 9 percent, we still don't get any credits because most of that money after -- for a while goes up to the COLA (Cost of Living Allowance) fund and it really is not up 'til 12 percent or something in that range -- is that correct, Mr. Tierney? -- that we start getting a credit towards -- Mr. Tierney: That's correct. I was -- that's correct. The COLA fund and its basis -- Mr. Migoya: Yeah, butl -- Mr. Tierney: -- of funding as provided in Gates is a significant deterrent toward having the pluses balance with the minuses as the conceptual discussion was here. Yes. Mr. Migoya: So the bottom -- the reason why I wanted to make that statement was 'cause I wouldn't expect to get any credits any time soon from this. Vice Chair Carollo: Thank you for that, Mr. Manager. Anyone else? Continue with your presentation, please. Mr. Tierney: Actually, there may well be some credits if we're lucky enough to get more than seven and three-quarters because they don't get any COLA fund distributions until the accumulated losses are back to zero, which are now in negative territory. So we want to pick up some initially. The problem is that it's weighted down. So eventually, after a couple of years of good experience, we'll be right back to exactly what Carlos is saying so -- Commissioner Suarez: Mr. Chairman, may I just ask one question? Vice Chair Carollo: Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you. Weren't there -- we had an opportunity to meet briefly -- certain years where the fund received a rate of return that was in excess of 20 percent? Mr. Tierney: I believe that's correct. Commissioner Suarez: There were several years. There were more than two years. Mr. Tierney: That's right. You andl looked at the chart together. Commissioner Suarez: Yeah. So, in essence, what happens is in those years where the pension fund is receiving -- is returning 20 or more percent, that money's remaining in the fund so that's creating kind of a super balance, a super pension. Mr. Tierney: Well, a lot of those funds were paid to the COLA fund in accordance with the provisions of Gates. Commissioner Suarez: Okay. Mr. Tierney: So we didn't actually get what you said. We got part of it. Commissioner Suarez: Right. Anything over 12 percent, I think, is what the Manager said. So in a year where we did, let's say, 26percent -- I think one year we did 26 percent -- we got 14 percent in addition to what our legal obligations are. We have an additional 14 percent in, you know, kind of reserve in that fund City of Miami Page 101 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Mr. Tierney: I think that's correct. Commissioner Suarez: Thank you. Vice Chair Carollo: Anyone else? Continue with your presentation. Mr. Tierney: This is the same slide for GESE, same type of pattern in the 2001-2002 era. The net contributions were low because of a favorable experience. I would like to say one thing. It's not just asset yields that we're talking about here. If you pay salaries more than the assumed rate, if people retire differently than you assumed -- there's all sorts of elements that can create actuarial gains or losses. It's just that the investment return is the largest. So I think it's correct to focus on it, but we need to be mindful that those other sources can be significant. It's not just the investment return. So you can see this pattern is similar, the increase is significant between last fiscal year and the current fiscal year, and that's because of the asset losses as a majority, and we're only part way through in recognition. So what I have next is a ten-year projection -- this is FIPO -- to try to show based on those currently non -recognized market losses, the part of them that wasn't plugged in. You know, you usually plug in about a fifth or 20 percent a year over the next five years so that you have a chance for a market recovery to get some of it back. You can see the larger -than -normal growth in the charts in the first several years has to do with the recognition of the losses on the assumption that you make seven and three-quarters. There's no more shortfalls in there, but there's no excess earnings in -- over seven and three-quarters as well. So that's what we're looking at unless we have favorable experience. Those number would go up if we continue to have unfavorable experience. And so you can see that we're looking at -- if we think today is ugly, the next several years are going to be even more ugly. Now that chart - - one more thing to be said about that chart, you normally expect dollar amounts to grow because these things are percentage of payroll funding. So theoretically, one of the tools that you have available here -- and it's not theoretical, but it is until you do it -- is that if you hold the line on salaries, it means that the salary growth part of that chart can be mollified. So that's why it's a significant part of the pension cost. Salaries are projected to assume to increase. And there's also people count projections in terms of total payroll in these numbers. So you can control the growth due to salaries even though you don't necessarily address the pension. So there's two things built into these charts in terms of growth, the asset loss experience that hasn't been recognized and the payroll anticipated growth so -- Mayor Regalado: Through the Chair, please. Vice Chair Carollo: Go ahead, Mr. Mayor. Mayor Regalado: Also, there is some legislation in the House, in the Senate this session that might address the 120 or 100 percent funding of the pension. That -- is that something that would decrease? Also, it's a possibility of the ratio of gain being decreased, also a possibility to bring down the chart? Mr. Tierney: That's a good question andl wish I had more charts knowing that that question were asked because I think this is an important thing to understand. What he's referring to is how you smooth the assets between market and actuarial. If you go back to the FIPO here, we're talking -- on the top two lines -- about the difference between those two numbers. That actuarial number of 1.165 million could be a larger number if they used a different test in order to smooth the assets. Bottom line, it means you put off recognition more of the losses that actually occurred. So it's not really saving any money. It's just saying, well, okay, we won't have to plug it into this year's contribution yet and it will get plugged in over the next several years in an amount that's increasing relative to this chart. So we can help with the initial part here with the proposed change in the law by having the recognition of the losses be less in the current evaluation recognition, and therefore more in the subsequent evaluation recognitions. So it's a budgeting alleviation tool that certainly, if the law passes, will help in terms of next year's City of Miami Page 102 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 budget. Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Thank you. Yes, Commissioner Gort. Commissioner Gort: Let me ask you a question. Looking at the years '98-'99 with the contribution for the City was lower, wasn't that -- had something to do with the negotiations with the unions also? I would like to bring that up. Vice Chair Carollo: And that's a question for who, Commissioner Gort? Commissioner Gort: No. It's just -- Vice Chair Carollo: Just anyone out there that -- Commissioner Gort: Anyone that wants to answer out there. But my understanding is -- because I was there at that time, '99, '98 -- because we had the crisis. One of the reasons we paid a lot lower is because we sat down with the unions and the unions gave some of the benefits that they had. So it's not only the market, but the unions working with us. Vice Chair Carollo: Someone from the Administration or --? Mayor Regalado: I was here -- Vice Chair Carollo: Mr. Mayor. Mayor Regalado: Through Mr. Chairman. -- and that is the case. I know that GESE and Charlie -- I remember that they made concessions. FIPO also made concessions and that was the year of the Oversight Board and, yes, it was a result of unions coming together. I think -- do you want, Mr. Cox, through the Chair, to --? Vice Chair Carollo: If he wants to address the Commission, sure. Charlie Cox: That was when we had -- Vice Chair Carollo: Name -- Mr. Cox: -- our financial emergency. Vice Chair Carollo: -- I know we all know who you are, but -- Mr. Cox: Oh, I'm sorry. Charlie Cox, 4011 West Flagler Street, Miami, Florida. That was the year that we resettled Gates. We saved the City hundreds of millions of dollars by erasing the Gates' payments that the City had owed but I mean -- you know what? They're right. It's our actuaries that put these numbers together that you're obligated to pay, but where this thing came from -- remember -- and I'm an old man compared to most of you sitting up here. I have never seen an economic times like we've had now. And that's not my side. The other side is ugly, but not quite as ugly as that, but it's because of the market losses, and we are working. Ron Silver is the sponsor -- getting people to sponsor bills up there in Tallahassee to try and get the 120 cap lowered to 100 percent. We have done other things and so has FIPO -- and I'll let him address that -- to save the City tons of money on pension obligations. We're not here to break the City, let me guarantee you. But Gates is still there and you know why Gates was called -- was done because anybody that was here knows that the City was stealing from the pension funds and not funding them and putting them in -- their bank is no longer here and I don't think our City City of Miami Page 103 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Manager ever workedfor that bank, but they were returning less than a half a percent to the pension funds back then. You never workedfor Dade Federal, did you? Mr. Migoya: No. Mr. Cox: I didn't think so. So I mean, that's why Gates -- Vice Chair Carollo: Just stay on topic, Mr. Cox, please. Mr. Cox: -- is around. Yes. I had to -- Vice Chair Carollo: I know. Just --from now on, just stay on topic. Mr. Cox: But mean, we are willing to work, let me guarantee you. And if you think we like seeing that stuff either -- we didn't make this market collapse, and hopefully it does turnaround, but until then, we will do everything we can to help that. Vice Chair Carollo: Thank you. Mayor Regalado: And Mr. Chairman -- Vice Chair Carollo: Yes, Mr. Mayor. Mayor Regalado: -- the 100 and 120 percent, the City legislative team is committed to do -- work with the unions. I mean, AFSCME (American Federal, State, County, and Municipal Employees) is supporting this in Tallahassee and so is FOP and so is the City's team and then that would be something -- Vice Chair Carollo: And the firefighters union, IFFA [sic]? Mayor Regalado: Yes, they are. And Bobby -- Vice Chair Carollo: Mr. Suarez. Robert Suarez: Mr. Chair. Yes. Robert Suarez, offices at 2980 Northwest South River Drive. We -- just on that last point, obviously, we have been working with the City and with the Administration on this. You know, one thingl have to tell you is that a lot of the numbers that Mr. Tierney is using, he's having to put into some prospective to be able to present to you. These are reports that have -- they're not very fun to look at. They have all sorts of numbers. And he's trying to sort of give you a picture of what those numbers look like. Projections are something that's very important for you to be able to have a projection, but there really is no way to make a ten-year projection on what a pension cost is going to be. There are an enormous amount of assumptions. The market is the single largest driving force in what the City's cost is. For example, just a few years ago Mr. Tierney was up here with another projection -- I think it was 2006 -- and that projection, again, showed the cost just climbing up. And in fact, the two years after that, the cost dropped before, again, they did come back up. And we know that there are some changes that need to be made to the system. We know there are aspects of this plan that if the circumstances that we're looking at right now continue can become unsustainable, and that's why the unions are working with the City on this. Some of these are just projections. There's no way for us to say this is what you're going to be making. They're just what the City's going to be contributing in 2012. Right now we know what the City's contribution is going to be on October 1, 2010. That's the only thing we know for sure. Everything else is a lot of projections. In many cases it can go down before it goes up. But you have our commitment. The unions are working with the City on this. It is in our best interest for these plans to stay sustainable, for the City to remain sustainable. Andl can only speak for the firefighters. In our last collective bargaining City of Miami Page 104 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 agreement, yes, we got raises. We gave back pension benefits. We increased our pension contribution. So we wouldn't do that if we didn't realize there was issues that had to be addressed, and we are still remaining to -- you know, committing to work with the City on that. But a lot of the numbers you look at, I would love to sit down with you to discuss what some of these numbers mean, what they don't mean, and to help put it into prospective. But it is very difficult for Mr. Tierney, I know, to come up here. And you want a projection. It is very difficult to project. In the City's opinion, this is only going to get worse and he's trying to project that into a graph, but it is very difficult to predict what the costs are going to be. They very well could drop before they go back up in this pattern again. Andl guess what somebody mentioned earlier is really what we have to focus on. Not only what changes we make to the system and to the plan that drive the costs but, again, as somebody alluded to earlier, when the costs do drop, making sure that we don't use that money for something else. Yes, we did put it in the general fund. But when it's in the general fund, it has no commitment. Vice Chair Carollo: Right. Mr. Suarez: It's free to be budgeted as it was. It was budgeted for other purposes. So that's part of what we want to make sure the commitment is, is when with money does goes away, that it get allocated and used for those future years. 'Cause, in fact, it will drop in certain years. The cost, based on the market, will drop and we need to make sure we allocate that money in addition to whatever system changes we make to the plan to reduce those costs. And like Mr. Tierney said, a lot of those assumptions are based on salary increases 'cause actuarially they have to expect that the salaries are going to go up. In fact, we know that for the most part that's not what's happening the next year or two, so those assumptions will be down. And -- but like I said, there's a lot of discussion that has to go on to this. I know this Commission has not been privy to a lot of the conversations that have occurred in these chambers over the past two years, but you have the union's commitment to not only help educate you on what this subject is, but the commitment to help bring down these costs and control that to -- we want to make sure this plan in this city is in place for at least the next 50 years. Vice Chair Carollo: Thank you, Mr. Suarez. And you know, I'm glad that you're willing to work with us. At the same time, I'm sure you have the commitment of this Commission, this Mayor, this Administration to work hard to, you know, get the City on the right track, and yes, I haven't been privy to a lot of those conversations. As a matter of fact, you andl has -- haven't even met with regards to pensions and so forth. And you know the type of person that I am and how I look at details and stuff like that, so I understand exactly what you're saying as for the projections. But then I want to get into those details. I want to see the projections 'cause you know what? They're based on estimates andl want to make sure those estimates are reasonable. And that's what we're asking, you know, that everything be reasonable and so forth. So again, you know, I think everybody here -- as long as everybody works in good faith, we're going to be able to move this City forward. Mr. Migoya: Mr. Chairman? Vice Chair Carollo: Mr. Manager. Mr. Migoya: Once Mr. Tierney's done with his presentation, which he's just basically got, I think, one more or two slides to go, I'd like to mention some of the things that the Administration's working on on this side, including what the unions are going to have to do as well. Vice Chair Carollo: Excellent. Thank you. I would appreciate that. Mr. Tierney, can you continue, please? Mr. Tierney: Thank you. Andl guess deserve my retort on that, right? The current valuation, City of Miami Page 105 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 the current valuation reports, they're projections, they're estimates. So whatever's on this chart is the same thing; it's no better or worse. I think the point that was made is the further on you go on in the future, the more variation there is relative to the assumptions. But I can tell you the probability is almost zero you're going to have a decline in those rates, okay. So that's -- it's because of the asset losses that are still going to have to be plugged into the plan. So we've got a big hurdle to climb if we expect to have a rate decrease. I don't think that's the expectation at all. And think the projections are valuable. You got to have a baseline. And we know they're estimates. Hopefully, they're based on the assumptions that the actuary for the plan made. I think that he thinks they're reasonable. I think that they're probably reasonable, butt haven't been involved in all the studies, so they look reasonable on their face. I can tell you that the plan actuary, in general, has been more conservative than other actuaries in the state in terms of their assumed investment return, so I know it's kind of -- it's not necessarily a happy result, but the point is that the plan has been somewhat more conservative than other plans in the state that use the higher return to get a lower requirement in the past. So you didn't have that done by the plan actuary, andl think that probably served us all well to try to be more conservative, not to be unduly optimistic at least on the assumed investment return. So I think that it's important to look at projections because even though we know they're estimates -- I think you made the point very well. But in order to compare it to what we are going to do differently, we have to -- we can now measure differences, and those are pretty reliable based on the same assumptions, what will change if we do this is completely relevant. And we have to have a baseline projection in order to do that. That's why this is a very valuable tool. If we are going to take advantage of this state law that might be passed -- and oh, by the way, the City ofMiami is not the only one that's interested in this. You got a lot of other cities that are hoping to -- doing their part to try to get it to pass too. But we need to understand what the impact of that is. And I'm not suggesting that we don't do that. I think we probably should. But we need to know on this chart what that means to us if we do that. That's why this is so important. This is a tool that hasn't been used before. Andl continue to recommend it to be used so that we know what's going to happen over the next several years by what we decide for next year. Okay, so that's FIPO. And the last -- this is the same projection for GESE. You can see there's a big jump from the current year, which is the first bar on the chart, to the next fiscal year, and that is the recognition of the big actuarial loss in that plan. Again, limited by the range, but you can see that the progression of increases is based on the same point in FIPO that it is the phased recognition of the asset losses. You might ask, well, why does it drop down in the tenth year? And that's because one of the mortgages -- the unfunded mortgages are going to be paid off in that year -- the year before. So we are going to get some mortgage drop-offs of un -- the prior unfunded liabilities that had been fully discharged by that point, so that's why you see that difference in this projection compared to FIPO. Vice Chair Carollo: Is that the -- Mayor Regalado: Thank you. Vice Chair Carollo: -- conclusion of your presentation? Mr. Tierney: That's the state of where we are. Yes, sir. Now next is what to do about it. Commissioner Gort: Any good news? Mayor Regalado: And Mr. Chairman, like I said, Mr. Tierney is in Jacksonville, but he's able to come down at -- according to your schedule to meet with us and explain. And this will be very healthy and this will be very helpful, but I think that the Manager -- actually, before becoming Manager, he had met with him in our behalf so he would understand what is going on, so he's not like on the first day. He knows already so -- Mr. Migoya: I got a post -graduate degree in about two hours in a meeting with Mr. Tierney on City ofMiami Page 106 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 the pensions. And there's a lot of things here that we can't control and some things here that we can control or we can control together with the unions. One of the big impacts that you have with the pension, of course, is as the US (United States) population continues to have a longer life expectancy, that's going to make more payments and therefore that's going to make our costs greater. The challenges that -- you know, when you say you have a seven and three-quarters percent return and you say that's ridiculous, you're not going to make that, if it was lower than that, that means the City would have to make annual apportionments greater. So it's -- it works on both sides to this. Other things that impact it beyond life expectancy and salaries is also the vesting process and a lot of the other issues. And we've already received some recommendations from the police union on some things that we're doing and the Finance people have done some analysis with Mr. Tierney on that and they will be talking to them and we'll be talking to each of you as to what that looks like. But as we go forward at least early indications are that all the union leaders are obviously just as interested as we are because it -- right now we're at 20 percent of the budget and only getting higher with these kind of apportionments that we're looking at here for both FIFO and GESE combined, so the challenge is going to be how we work on those. You talked briefly about in the past, and frankly, I guess right now we need to worry about the future. It would have been nice if we would have had some kind of a reserve towards those future payments, and you think about the payments that you have right now, which are all the future indications -- whether you believe it or not, it's $100 million, and that's assuming we hit a seven and three-quarters percent return over the next ten years. I don't know any economists that are assuming anything of that magnitude. But having said that, we need to try to figure out how if we have any one-time sales or anything or how we need to do -- is to put some kind of reserves -- we've got to figure out -- we're not going to get it from operations obviously in the near future. The other thing which is important is that those returns are five-year averages. We went from a three-year to five-year averages when we had good years to try to take advantage of those years. The five-year average is going to carry 2008 and 2009, which were both horrible market years, for the next several years. So don't expect those returns to increase. So the bottom line is we have a lot of challenges around that and we are -- we're going to all work together to try to figure out how to impact. And as we have conversations with the unions and recommendations and so forth, Mr. Tierney will work with us in looking at what those variables do to the impact of our payment. So that's a kind of a long answer, but (UNINTELLIGIBLE) is there's more to come. Vice Chair Carollo: Excellent. Any discussion? Commissioner Dunn: Just -- Mr. Chair? Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: Just wanted to raise a question. If the -- these projections that were given, if it were to change or drop -- would it change or drop if we were to drop the multiplier? Mr. Migoya: Absolutely. Mayor Regalado: Yes. Yes, it would drop. Yes. Mr. Migoya: Michael. Mayor Regalado: And that's one of the things that had been addressed with the unions and the Manager and myself and all the staff. And yes. The answer is yes. Vice Chair Carollo: Yes, 'cause the multiplier is part of the calculation, correct? Mr. Migoya: The multiplier is a big piece -- City of Miami Page 107 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: Right. Mr. Migoya: -- of the calculations. Vice Chair Carollo: Yeah, exactly. So, yes. M.2 10-00143 DISCUSSION ITEM DISCUSSION CONCERNING THE 2009-2010 BUDGET. 10-00143 Email.pdf DISCUSSED Vice Chair Carollo: Mr. Mayor. Commissioner Gort: Through the Chair. Vice Chair Carollo: Mr. Mayor. I knew I was going to get teased about it. Mayor Regalado: It's okay. They do that in the County. Mr. Chairman, I have placed a discussion item concerning the 2009-2010 budget and, of course, I will tell you that as today with your vote, you sat the new Manager in this chair, the sense of urgency about getting you and me and him all the right information has begun. I would not like to start giving you numbers. I know that you have been informed that there have been some discoveries regarding the past year budget and some transfers of funds, which will add to probably the last year's deficit, but I can tell you that think -- and the Manager can comment on that -- we will have the numbers. I don't know if we will have it right, but we will have the numbers soon in terms of what we have. And so -- just to confirm that and not to be -- Vice Chair Carollo: Well -- Carlos A. Migoya (City Manager): Through the Chair? Vice Chair Carollo: No. All you have to do is just address me. You don't have to "through the Chair. Mr. Migoya: Okay. Vice Chair Carollo: Just address me. Just say Mr. Chairman. Mr. Migoya: Mr. Chairman. Commissioner Dunn: You like the way that sounds, don't you? Vice Chair Carollo: I knew they were going to tease about this. No. And in all fairness, as far as 2009 numbers, isn't the audit due what, March 31? So we're -- one way or another, we're going to get -- Mr. Migoya: No. The March 31 is 2008-2009. What the Mayor's discussing is about 2009-2010. Vice Chair Carollo: Yeah. But -- no, I understand that, but think we're going to hit our reserves for 2009 so let's see where we're at there. Because I think what the Mayor stated that there might be an additional amount -- Mayor Regalado: Yes. City of Miami Page 108 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: -- for 2009. So once we get those numbers we'll also then deal with 2010, but -- Mayor Regalado: Yes. Vice Chair Carollo: -- I think the Mayor was addressing 2009 numbers, which will come, at the latest, March 31 from the auditors -- Mr. Migoya: Correct. Vice Chair Carollo: -- and then we'll, you know -- Mr. Migoya: That's correct. Vice Chair Carollo: Exactly. Mayor Regalado: Okay. Well, that's -- the promise is to give you the right information by that time, Mr. Chairman and members of the Commission. Vice Chair Carollo: Thank you, Mr. Mayor. And Mr. Manager, I think you wanted to say something? Mr. Migoya: Thank you, Mr. Chairman. Just briefly, just -- to support what the Mayor said, we've been working very diligent with the chief financial officer, the Finance director, and with the Budget director. The plans are -- andl think I've talked to each one ofyou individually -- but the plans are that we will be able to close the months of the City -- the City books on a monthly basis, and by the second meeting of the Commission on a monthly basis, we will not only be able to provide you the numbers for the previous month, how we're doing against budget, and what the projections are as it relates to the end of the year budget and -- so that we are completely transparent as to where we are. So rather than continue to speculate -- I know that the media is trying to get what the number -- we will be able to by -- March 25, I believe, will be the meeting. We will have the February numbers for you, what that looks like for February, what are the budget issues for the entire year, and then hopefully by then we'll have some actions on how we can try to impact those numbers. Vice Chair Carollo: Thank you, Mr. Manager. I think that's something that we're all thirsting for. I mean, we really are. And you know, I truly appreciate you, you know, knowing the importance of that, the urgency as you mentioned, and working towards that so, you know, I thank you. M.3 10-00106 DISCUSSION ITEM DISCUSSION CONCERNING THE TAX ABATEMENTS OWED TO CITY OF MIAMI BUSINESSES. 10-00106 Memo.pdf 10-00106 Legal Opinion.pdf DISCUSSED Mayor Regalado: Mr. Chairman -- Vice Chair Carollo: Yes, Mr. Mayor. Mayor Regalado: -- M.3 is a discussion item concerning the tax abatement owed to City of Miami businesses. I hate to bring you this after the pension and the budget, but before we face any legal issues, it is important that we briefly discuss the tax abatement owed to City ofMiami business. Unfortunately, the past Administration dropped the ball on this one and we are faced City ofMiami Page 109 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 now with a payment, which is not like very bad news, but to make a long story short, the voters of the City ofMiami approved the tax abatement to business [sic] that will create job in the City of Miami, and it was implemented, and the City Attorney has opined on this issue, I think. If you want a very brief history, I can bring the person that has been working on this with my chief of staff to understand. After we were contacted two month [sic] ago by several business [sic] -- I think it's about five that are seeking some kind of payment, and they were asking for us to comply or they will file suit to get this. So if you want to -- Vice Chair Carollo: It's whatever the will of this Commission is. I know for a fact, ifI don't hear it now, I'm going to want to hear it later on, you know, set up an appointment. So it's whatever the will of this Commission wants. Commissioner Dunn. Commissioner Dunn: Mr. Chairman, I had the privilege to sit in on the meeting andl was very perplexed, but very enthused at the possibility of this being something that could bolster many of our small businesses, andl certainly would like to hear from the City as it relates to this. Mayor Regalado: And you know, this is not such bad news because we're talking the future, but unfortunately, you know, when things are not addressed at the time we get caught -- I mean, you cannot postpone the bad news for years. It will caught [sic] up with you. So just briefly. Vice Chair Carollo: Thank you. And name and address for the record. Thank you. Marcus James: Good morning, Commissioners. Marcus James, Economic Development project manager, City Manager's office. I took over this program in '05. It was basically thrown on my desk andl was told to take care of it. Once I went through the ordinance, I realized that the ordinance was poorly written. There were stipulations in the ordinance that made it impossible for the property appraiser's office, who is also involved in this process, to do its due diligence. So, I mean, the way we wrote the ordinance, it wouldn't have been a bad deal if we controlled the entire process, but we did not. So that's where it stalled there. So once I talked to Miami -Dade County, figured out what the issues were, we redid the ordinance, presented it to Commission, and that's where we are right now. But this tax abatement ad valorem tax exemption ordinance is basically for only businesses within the Enterprise Zone. So these are some of the poorest areas ofMiami. So what we also did was formulated a plan to basically pay this forward on future taxes instead of the City writing a check. So I fully intend to come to the Commission and brief all of you on exactly where we are with this and the specifics, but I just wanted to talk generally on exactly where we are on the program itself. Mayor Regalado: And -- Vice Chair Carollo: Thank you for that. Mayor Regalado: -- the City Attorney has also an opinion in terms of what years this should be offered, butt guess that we will do that later on. So I just wanted to make you aware of the situation. And this is -- Commissioner Gort: Mr. Chairman? Mayor Regalado: Oh, I'm sorry. Vice Chair Carollo: Yes, Mr. Gort. Commissioner Gort: Do we have to go retroactive or --? Mayor Regalado: Yes, 2004. City ofMiami Page 110 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Gort: This was approved in 2004? Mayor Regalado: Yes. But only -- well, the City Attorney and the Manager will give you more details, written details so you can understand this. M.4 10-00167 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE RESTORATION OF THE MIAMI MARINE STADIUM. 10-00167 Memo.pdf DISCUSSED Mayor Tomas Regalado: Mr. Chairman, this is the end of the bad news, so if you allow, I could start with -- Vice Chair Carollo: Some good news? Mayor Regalado: Something of good news. Vice Chair Carollo: M.4. Mayor Regalado: M.4. It's a discussion item concerning an update of the restoration of the Miami Marine Stadium. As you know, Mr. Chairman, you andl visited the Marine Stadium right after the election andl would like also for each and every one in this Commission also to visit the place. There is a commitment by this Mayor and this Administration to restore the Miami Marine Stadium, but of course, we all know that it is impossible to do it with general fund That's out of the question totally. I will tell you that we are about to probably be able to access historic funds and private donations so we can start the process of the restoration of the Miami Marine Stadium, andl would be reporting to each of you regarding this issue. I think that we have some pending at the Miami -Dade County Board of Commissioners in the month of March, sponsored by Commissioner Carlos Gimenez, who represents the area of Virginia Beach and Key Biscayne, and of course, a great part of the City ofMiami. So that's just an update. [Later..] Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Yes, Commissioner Gort. Commissioner Gort: One of the things I'd like to bring up, one of the ideas maybe is for the Marine Stadium is looking at the three P's, which is something that's being implemented by a lot of cities, which is private public sector partnership. Vice Chair Carollo: Mr. Mayor, would you like to address that? Mayor Regalado: Yes. I believe that -- and this is one of the things that I just mentioned, and I would be bringing this to you for your consideration. I would try to get in your schedule to explain to you. I will tell you that there is a private foundation that is willing to donate money, a substantial amount of money, so we will need to create a sort of an entity to get that money only for the Miami Marine Stadium and have something like Chairman has in the Bayfront Trust, like a trust or something. But I will tell you that if we -- I will tell you that right now there is a private foundation that is willing to donate a substantial amount of money to start the reconstruction of -- restoration of the of Marine Stadium, so that's important. Vice Chair Carollo: Thank you. City ofMiami Page 111 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 M.5 10-00168 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON BIKE MIAMI DAYS. 10-00168 Memo.pdf DISCUSSED Mayor Tomas Regalado: The other update, Mr. Chairman, is M.5, which is an update on Bike Miami Days. And we have -- when we took office, we commit to the people that we will continue Bike Miami Days, and this commitment is real. The next Bike Miami Days schedules are April 25 in Coconut Grove from 9 a.m. to 2 p.m. in this -- the Dutch Consulate is participating to celebrate Queen's Day, and they will provide orange T-shirts, balloons, and giveaways. And they are also providing shirts for volunteers. Let me say to you that we all enjoy Bike Miami Days, but we found out that the cost of this event whenever it was done was about $30, 000, and the Parks Department used to fund most of these costs. Now we cannot do this, so we are trying to get sponsors. And we have Violet (phonetic) Sprawl (phonetic) who is helping the Mayor's office getting sponsors, and there is a meeting tomorrow here at City Hall with the Commissioner's office, Commissioner Sarnoffs office, the BID (Business Improvement District) on the Grove, the Grove Chamber in terms of financing the Bike Miami Days on April 25. Now, the next Bike Miami Days will take place in downtown Miami, Wynwood, Design District, Little Havana, and Flagami, and of course, in the Liberty City/Model City area. So this is our goal for this and it would not ride on the Parks Department's budget. We will find sponsors. That's -- Mr. Chairman, the other -- Vice Chair Carollo: Before you continue to M.6, I just want to say, Mr. Mayor, that I was part of the very first Bike Miami Day. You can plan on me and my wife attending the April 25 Bike Miami Day. Some time ago I was somewhat of an athlete so, you now, I'm always looking for sporting adventures and so forth. And the truth of the matter is, every once in a while, it's good to leave your car at home and go for a bike ride. So I just wanted to mention for the record that you can count on me with all the Bike Miami funding needed and not only that -- I mean, just the participation. So thank you. Mayor Regalado: Thank you, Mr. Chairman. And I'd just like to say that the Manager is a biker so -- Carlos A. Migoya (City Manager): If you'd like, tomorrow morning at 6 o'clock, I'll meet you at the entrance of Key Biscayne, Mr. Chairman? Vice Chair Carollo: Six o'clock? That's too late. What about 5? And don't try to race me either. Mayor Regalado: But -- and his son is also a biker, who lives in the Grove, so -- and my son also is a biker so, you know, we're good with that. M.6 10-00169 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE CITY OF MIAMI'S ROLE IN THE 2010 CENSUS. 10-00169 Memo.pdf DISCUSSED Mayor Tomas Regalado: Mr. Chairman, the City ofMiami role in the 2010 census is one of the probably the most important things that we should do in the next three month [sic], other than the many important things that we have to do. As you know, the City ofMiami was helped by a group, Social Compact, to understand that people were undercounted in the City ofMiami by the 2008 census track projections, and we believe that -- they believe that at least 60,000 people City ofMiami Page 112 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 M.7 10-00108 Honorable Mayor Tomas Regalado were unaccounted in the City ofMiami. If we reach the threshold of half a million, which I think we can andl think we will, we can access more federal funds than we do now. And it is important to get everybody into the census mood. I think we have the director of the office here. I believe that he was here. Oh, okay. We have members of the census and they've been very helpful in helping us navigate this. And one of the priorities that they have is to go into the high schools for the 18 year olds, 17 years [sic] old [sic] to -- so they can understand that they have to also register for the census. We are sending, through the after -schools in every park in the City ofMiami, a letter to the parents of every children [sic] and every children [sic] in any and all parks is getting a letter for their parents asking them in [sic] behalf of the City to participate. And it is of great importance that we get counted in this census. Andl wish that maybe we can probably have you, all of you do like spots for Miami TV (Television) asking the different district members to register for the census and all that, and we can arrange that if that is -- so -- Commissioner Gort: Very important. Mayor Regalado: That's (UNINTELLIGIBLE). Vice Chair Carollo: Thank you, Mr. Chairman. Yeah. As a matter offact, I would like to reach out to my colleagues and maybe, you know, within each of our respective districts, you know, we could reach out, be somewhat of an advocate 'cause it's truly important for all of us. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE XI/ DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," MORE PARTICULARLY BY AMENDING SECTIONS 2-922 AND 2-923 TO MAINTAIN A SEPARATE, NON-PROFIT 501(C)(3) CORPORATION AND PROVIDE FOR THE MAYOR TO SERVE AS THE CHAIR OF THE COUNCIL; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00108 Legislation FR/SR.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Mayor Tomas Regalado: And the last item, Mr. Chairman, is an ordinance that was deferred since I wasn't able to be here on February 11, but it's important for the Mayor's International Council. The Mayor's International Council is a very good working tool to bring business and visitors and opportunities to the City ofMiami. The Mayor's International Council had a budget of half a million dollars in the past years, and this budget is zero dollars. It was -- andl voted for -- I mean that's the things that we needed to do in the past budget, so we need to have a separate non -for -profit 501(c)3 corporation so people can donate to the Mayor's International Council so we can do events or participate in bringing visitors. We probably will have the visit of the president of Panama very soon. And it is important for us. So this is a first reading ordinance that I present to you for your consideration. If you want to hear the ordinance now and -- Vice Chair Carollo: Yes, listen to the ordinance. And will we be able to get a motion before voting on it? Yeah, we'll get a motion. As a matter offact, I mean, that's exactly what we should be doing. We -- instead of using general funds, we should have a pub -- you know, a public -private relationship and, you know, do economic development in this way. And this is the City ofMiami Page 113 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 correct way so we don't have to tap into our general fund So ifI could receive a motion? Commissioner Dunn: So move. Commissioner Gort: Second. Vice Chair Carollo: Moved by Commissioner Dunn, seconded by Commissioner Gort. Julie O. Bru (City Attorney): Mr. Vice Chair, it is an ordinance, so you need to open it up to the Priscilla A. Thompson (City Clerk): Right. Ms. Bru: -- public hearing. Vice Chair Carollo: Thank you for that. Anyone from the public wishing to -- Commissioner Gort: Don't you have to read it? Vice Chair Carollo: -- speak on this item? Commissioner Gort: Mr. Chairman, doesn't it have to be read? Vice Chair Carollo: No. It does -- Commissioner Dunn: (UNINTET,T IGIBT ,F) -- don't you have to read it first? Read the ordinance. Ms. Bru: Well, I'll read it when you're ready to vote. Vice Chair Carollo: Right. Ms. Bru: I'll read the title into the record when you're ready to vote. Vice Chair Carollo: Exactly. Is there anyone from the public wishing to speak on this item? Commissioner Gort: Do you know what item is [sic] that is? Vice Chair Carollo: The 501(c) 3 for the Mayor's International Council. No? Commissioner Gort: Thank you. Vice Chair Carollo: Hearing none, seeing none, public meeting [sic] is closed, and Madam City Attorney, if you will read the ordinance for the record, please. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Carollo: Before I move for a roll call, is there any other discussion? Any discussion? City -- Madam City Clerk, can we have a roll call, please. Ms. Thompson: Your 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. City of Miami Page 114 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City of Miami Page 115 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 NON -AGENDA ITEMS NA.1 10-00242 DISCUSSION ITEM DISCUSSION BY MAYOR TOMAS REGALADO AND THE CITY COMMISSION THANKING PEDRO G. HERNANDEZ FOR HIS SERVICE AS CITY MANAGER OF THE CITY OF MIAMI. DISCUSSED Vice Chair Carollo: Mr. Mayor, you are recognized for the record. Mayor Tomas Regalado: Thank you, Mr. Chairman. As you all know, last Friday I accepted the resignation of Pete Hernandez, our City Manager. And on Monday, I appointed Carlos Migoya as the new City Manager. Before I bring the resolution for ratifying and approving and confirming our appointment, I would like to ask Pete Hernandez to come to the podium so we can thank him for his years of service as City Manager of the City of Miami. Applause. Pedro G. Hernandez: If you allow me. It's unusual for me to be standing on this side. I had to say hello to Mariano. Mariano, I've known for, I think, over 25, 30 years. Mariano Cruz: Rapid Transit (UNINTELLIGIBLE) long time ago. Mr. Hernandez: So we're old friends. It is indeed, I would say, difficult for me to be standing on this side. I want to definitely and sincerely thank the Mayor, thank all of you for allowing me to participate in the government of the City ofMiami. It's to me a great experience and a sense of pleasure and satisfaction to have been able to serve for the three and a half years that I did that job for all of you. I would like to also be able to thank all the administrative staff at the City for their dedication, their passion. I was always pushing them because I felt that they could always be better, andl hope they'll remember this, that they always have to strive to get better. Even though they may be good, you can always get better. This is a -- the type ofjob that may not have the associated credit that people see in other jobs. Public service has no greater satisfaction than knowing that you have done your best to improve your community and to improve the residents of the City. And every one of the City employees, they know in their heart that when they do a little deed to help a simple citizen, they've done their job that day, and dedication to public service has no boundaries and has no equal. The transition period and my exit from the City, I think that it was going to happen at some point, whether November, December, January. If you recall, November was a difficult month. Mayor Regalado was elected first, Vice Chair Carollo, and then Commissioner Suarez. If you recall in those days, there was a period where we were down to one Commissioner -- two -- and we had no quorum. Obviously, that was no time to step out. I want to thank, you know, Mayor Regalado for allowing me to work in this transition to allow him the time to set up his office, organize his staff and work through those difficult periods. And as I look, you know, to the future, I think the timing could not be better than to do it now and allow the new manager the opportunity to acclimate himself with the City before the challenges of the union contracts and the 2011 budget. Sometimes because of human nature we tend to dwell on the negatives, but I think that over the last three, four years, we've done many great things in the City. I think the City today is a better place. And no one person can do it all. I didn't do lots of things by myself. I have to be thankful to everyone in staff for actually being there and helping out and making dreams realities. I know we have a lot of challenges ahead. Andl say we, as the City. But we've done well in the past, and we need to strive to the future to even be better and to better serve the citizens of this great City. Thank you to all of you. It's been a great experience. And my best wishes to the Commission and especially to Mayor Regalado. Mayor. City ofMiami Page 116 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 NA.2 10-00237 Honorable Mayor Tomas Regalado Applause. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING MAYOR TOMAS REGALADO'S APPOINTMENT OF CARLOS A. MIGOYA AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE FEBRUARY 22, 2010. 10-00237-Legislation. pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0083 Mayor Tomas Regalado: Mr. Chairman, the business of the City must go on, and on Monday I appointed Carlos Migoya as City Manager of the City ofMiami, effective February 22, 2010. I would like to proffer a resolution for the Chairman and Commissioners to consider and vote on it. It's a resolution of the Miami City Commission raging, approving, and confirming Mayor Tomas Regalado appointment of Carlos A. Migoya as City Manager of the City of Miami, Florida, effective February 22, 2010. Whereas on February 22, 2010, Mayor Tomas Regalado appointed Carlos A. Migoya to the position of City Manager of the City of Miami, Florida, and whereas pursuant to Section IV of the Charter of the City ofMiami, Florida, as amended, the Mayor is required to appoint the City Manager subject to the approval within 14 days of a majority of the City Commissioners then in office, and whereas the City Commission wishes to rag, approve, and confirm Tomas Regalado's appointment of Carlos Migoya as City Manager of the City ofMiami, Florida, effective February 22, 2010, and whereas Mr. Migoya will not be receiving salary or benefits with the exception of the use of a personal digital assistant, PDA, and payment of reasonable expenses for City ofMiami business. Now, therefore, be it resolved by the Commission of the City ofMiami, Florida, the recitals and findings contained in the preamble of this resolution are adopted by reference and incorporated as fully set forth in this section, Section II, Mayor Tomas Regalado's appointment of Carlos A. Migoya as City Manager of the City ofMiami, Florida, effective February 22, 2010. It's rag, approved, confirmed. Section III, no salary or benefits shall be provided except for the use of PDA and the City of Miami shall pay for reasonable expense incurred for City ofMiami business. This, Mr. Chairman, members of the Commission, is the resolution that I'm bringing before you requesting, Mr. Chairman, a vote. Vice Chair Carollo: Is there a motion for the Mayor's resolution? Commissioner Dunn: Mr. Chairman? Vice Chair Carollo: Yes, Mr. -- Commissioner Dunn, you're recognized. Commissioner Dunn: So move. I -- Commissioner Gort: Second. Vice Chair Carollo: I have a motion by Commissioner Dunn. I have a second by Commissioner Gort. Is there any discussion? Hearing no discussion, Madam City Clerk, could we have a roll call? Priscilla A. Thompson (City Clerk): Your roll call. City ofMiami Page 117 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 A roll call was taken, the result of which is stated above. Ms. Thompson: The appointment, ratification, and the adoption of the resolution appointing Carlos A. Migoya as our City Manager is adopted, 4-0. Applause. Mayor Regalado: Mr. Chairman, before I give you the City Manager, I'd like to read on the record a letter by Chairman Marc Sarnoff. And the letter states -- andl believe that you were copied -- Honorable Mayor Tomas Regalado and fellow Commissioners, I am sorry that I'm not able to attend the February 25 Commission meeting to personally welcome our new City Manager, Carlos Migoya, but as Chairman of the Commission, I'd like to once again commend our Mayor on his choice ofMr. Migoya. I have had the pleasure of meeting with Mr. Migoya to discuss (UNINTELLIGIBLE) of the current state of our city, andl am certain that he's the right person to navigate the difficult road ahead. Those who know Mr. Migoya can attest to his ability to be a team leader who sincerely cares about the people around him, who would -- also is not afraid to make tough decisions. With revenue down and expenses increasing, there are certainly tough decisions to be made in the very near future. Carlos Migoya is offering a wealth of experience and leadership from a successful private sector career and will no doubt serve as a positive force for change in the way our city does business. To my fellow Commissioners, please accept this as my endorsement ofMr. Migoya and my strong recommendation that we approve the nomination of our Mayor. Signed Marc Sarnoff. I'll give you now the City Manager of the City of Miami, Carlos Migoya. Applause. Carlos A. Migoya (City Manager): I'm not here to give speeches, but Mr. Chairman, Commissioners, Mayor Regalado, thank you very much for your support. We have a long road ahead of us. We've got a lot of work to do. As I said in the press conference on Monday, this is not about my job, it's about all of us. Of course, misery loves company and that's why we're all - - have to be in it together. But it's really important that not just us as a leadership group, but every employee of the City, the unions, we all work together over the next several months to make sure that we have the right situation in place for the betterment of our taxpayers and our residents of the City ofMiami. So I accept this position with great honor, and I'm looking forward to working with all of you. Thank you. Applause. Mayor Regalado: So, Mr. Chairman, it's time for the City Manager to sit at the hot seat. Ms. Thompson: Excuse me, Chair? Mayor Regalado: Oh, we need to swear the City Manager. I'm sorry. Commissioner Gort: We do? Mayor Regalado: Would the City Manager come up and members of the Commission? At this time, Carlos A. Migoya was sworn in as City Manager of the City ofMiami by Priscilla A. Thompson, City Clerk. Ms. Thompson: Congratulations. Welcome. Applause. City ofMiami Page 118 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Gort: Mr. Chairman? Vice Chair Carollo: Yes, Commissioner Gort. Commissioner Gort: May I ask a favor? We had the chief of police from the City of Sweetwater. Can we bring that up so we can send him back to work at Sweetwater? Vice Chair Carollo: Give me one second. Commissioner Gort: Okay. Vice Chair Carollo: I want to go -- to see what we're going to defer and so forth to get a hold of the meeting. But yes, I would -- I'll bring it up. Just give me a second. Commissioner Gort: Thank you, sir. Vice Chair Carollo: Mr. Manager, first of all, congratulations. Mr. Migoya: Thank you very much, sir. NA.3 10-00243 DISCUSSION ITEM DISCUSSION BY MAYOR REGALADO REGARDING RECENT ARRESTS OF GRAFFITI ARTISTS MADE BY CITY OF MIAMI POLICE DEPARTMENT. DISCUSSED Vice Chair Carollo: And Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. We have several, I'm sorry, but I think they're important items. I first want to start by reporting to you -- 'cause you -- I know that graffiti has been one of the hot issues discussed by this Commission, andl was informed by the chief of police that they have made three arrests of several people that were painting graffiti in the Shenandoah area, andl think that's good news because it affects District 4 and District 3. And l just want to congratulate the police for doing that. NA.4 10-00245 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Henry Zayas-Bazan Mayor Tomas Regalado 10-00245-Submittal-Memo-Mayoral Appointment.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0090 City of Miami Page 119 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Vice Chair Carollo: And Mr. Mayor, I was told by the City Clerk, you may have a pocket item? Mayor Tomas Regalado: I just have a pocket item that Commissioner Suarez can do it, whatever. It's an appointment to a board, but whenever you decide is -- Commissioner Suarez: We can do it now if you like. Vice Chair Carollo: Do you want to do it now? Commissioner Suarez: Yeah. I think it will be good. Vice Chair Carollo: Yeah. This is your last item, right, Mr. Mayor? Mayor Regalado: I'm sorry? Vice Chair Carollo: This is your last item? Mayor Regalado: Yes. Vice Chair Carollo: Yeah. Let's do it now since -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- the Mayor is here. Mayor Regalado: Well, I can do several more. No, no, it's the last. Vice Chair Carollo: After lunch -- Mayor Regalado: Yeah, okay. Vice Chair Carollo: -- 'cause we're going to be breaking for lunch according to our policies and procedures manual. With that said, is there a motion? Commissioner Suarez: Mr. Chairman, this is a pocket item submitting the following appointment for the February 25, 2010 Commission meeting regarding the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. The Mayor would like to proffer the name Henry Zayas-Bazan for that board. Vice Chair Carollo: That -- there is a motion by Commissioner Suarez. Is there a second? Commissioner Gort: Second. Vice Chair Carollo: Second by Commissioner Gort. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right, say "no." Motion passes unanimously. Mayor Regalado: Thank you, Mr. Chairman. Vice Chair Carollo: Definitely. And with that said, gentlemen, should we break for lunch and how much time do you all want? An hour and a half? When do you want to come back? City of Miami Page 120 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 Commissioner Dunn: Two o'clock? Vice Chair Carollo: One -thirty, two? Two? Commissioner Dunn: Two, two -thirty? Vice Chair Carollo: Sure. No, no, no. Commissioner Dunn: Two. Vice Chair Carollo: Not 2: 30, but -- Commissioner Dunn: Two. Vice Chair Carollo: Let's do 2? Commissioner Dunn: That's it. Commissioner Suarez: Mr. Chairman? Vice Chair Carollo: Yes. Commissioner Suarez: Is it possible to hear a PZ (Planning & Zoning) item now before lunch? Vice Chair Carollo: It would have to -- it's probably going to take long and -- yeah. It's going to take long. Let's just recess, you know -- Commissioner Suarez: Okay. Vice Chair Carollo: -- as planned. NA.5 10-00244 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE STATUS OF FLAGSTONE AGREEMENT. DISCUSSED Vice Chair Carollo: And before we move into our PZ (Planning & Zoning) items, I want to take a point of privilege to ask -- Madam City Attorney, I want to take a point of privilege to ask you a question of an upcoming item. It is my understanding that the Flagstone item should be coming up at the next City ofMiami Commission. Have you been in contact with Flagstone at all? Have they been reaching out to us? Because it was my understanding that we allowed them an additional month, a month extension to work out all the kinks that was in the contract and so forth, and even, you know, renegotiate any of the items, so to speak. Have they reached out to us, or have you been in communication with them? Julie O. Bru (City Attorney): They have been exchanging drafts with stafffrom my office, andl know that there is a meeting scheduled for tomorrow to try to work out on some of the issues that might still be, you know, back and forth. I don't know if someone from the Administration can address whether or not we will be ready with a document to go to print on Tuesday. That's a question I have too. Vice Chair Carollo: Thank you, Madam City Attorney. And the reason why I'm asking is because I want to make sure my colleagues know that I don't want to receive a contract the day before a Commission meeting and have it happen all over again where, you know, it's this rush. We don't have time to read it properly and so forth, and then we miss things, and -- so that's why City ofMiami Page 121 Printed on 3/11/2010 City Commission Meeting Minutes February 25, 2010 I'm bringing it up. I want to make sure we have two weeks. I want to make sure that, you know, we have ample time to receive the contract and so forth and it's not this last-minute deal like it seems we're always in. And l just want to start setting that precedence that I think, as a courtesy to this Commission, we should have sufficient time to be able to read the contract. So thank you, Madam City Attorney. City of Miami Page 122 Printed on 3/11/2010