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HomeMy WebLinkAboutCC 2010-03-25 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, March 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 II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 25, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SR - SECOND READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) MAYOR AND COMMISSIONERS' ITEMS 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 ofMiami Page 2 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 25th day ofMarch 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 Sarnoff at 9:38 a.m., recessed at 1:27 p.m., reconvened at 2: 30 p.m., and adjourned at 5:16 p.m. Note for the Record: Vice Chair Carollo entered the Commission chambers at 9:48 a.m. and Commissioner Suarez entered the Commission chambers at 9: 51 a.m. Note for the Record: Commissioner Dunn entered the Commission chambers at 2: 38 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff First, I want to welcome everybody to the March 25, 2010 meeting of the City of Miami Commission in these historic chambers. The members of the City ofMiami Commission are the Vice Chair, Frank Carollo, Frances Suarez, Wilfredo Gort, Richard Dunn, and myself Marc Sarnoff the Chair. Also on the dais are Carlos A. Migoya, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Dunn and the pledge of allegiance by Commissioner Gort. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00353 PRESENTATION HonoreePresenterProtocol Item Sonia Mayor Salute Suarez Regalado MAYORAL VETOES 10-00353 Protocol.pdf Mayor Regalado paid tribute to Sonia Suarez (president of the Residents Association ofMartin Fine Villas) for her commitment to equity and justice for the needy and the neglected through ongoing goodwill and community service. Chair Sarnoff We'll now make presentations and proclamations. Mayor Tomas Regalado will be recognized for his salute to Sonya Suarez. Presentation made. NO MAYORAL VETOES Chair Sarnoff Are there any mayoral vetoes? Priscilla A. Thompson (City Clerk): No, sir. There are none. Chair Sarnoff All right. City ofMiami Page 3 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Dunn II, seconded by Commissioner Gort, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Motion by Commissioner Dunn II, seconded by Commissioner Gort, to RECONSIDERED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Votes: Motion by Vice Chairman Carollo, seconded by Commissioner Gort, to APPROVED PASSED by the following vote. Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff Is there any Commissioner that wishes to withdraw any of the --? Priscilla A. Thompson (City Clerk): If might, Chair? Shall we fry with the minutes? Chair Sarnoff Oh, I apologize. Has everybody had an opportunity to review the minutes? Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Is there a -- Commissioner Gort: Second. Chair Sarnoff -- second? All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Sarnoff Any other business, Madam Clerk? All right. "[Later...]" Chair Sarnoff All right, so -- Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Yes, sir. Vice Chair Carollo: I apologize for being late, but when you receive documents at the last minute, that's what happens. And as a matter of fact, in the previous meeting on the 25th, I specifically stated when it came to Flagstone that I did not want to receive the documents, the agreements in the last minute. And at 8:30, I received the agreement, and that's why I'm late. With that said, I have a motion to reconsider the minutes. There's an error that I was not able to obviously mention on the record. City ofMiami Page 4 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff For the minutes we just approved? Vice Chair Carollo: Yes. If we could reconsider? Chair Sarnoff All right. I think the proper way is for one of us who voted for it to do a motion to reconsider. Commissioner Dunn: So moved. Chair Sarnoff All right. There's a motion by Commissioner Dunn for reconsideration. Is there a second? Commissioner Gort: I'll second. Chair Sarnoff Second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff I think only the people that voted could vote. Now you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. With that said, in the minutes on page 3, line 6, it states the meeting was called to order by Chairman Marc David Sarnoff. That is incorrect. The meeting was called to order by Vice Chairman Frank Carollo. Ms. Thompson: You're absolutely correct. Thank you. Vice Chair Carollo: Thank you. Chair Sarnoff With that amendment, is there a motion now to approve the minutes? Vice Chair Carollo: So move. Commissioner Gort: Move it. Chair Sarnoff All right. We have a motion -- Commissioner Dunn: Second. Chair Sarnoff -- by the Vice Chair, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES Order of the Day Chair Sarnoff Try to give everybody a little bit of a roadmap. I know a number of the Commissioners -- probably all the Commissioners are going to be leaving -- or try to get out of here no later than 5:30. If we push pretty hard, gentlemen, and we restrict our breaks and we get a reasonable lunch, I think we'll make it at 5:30 no problem. What I'm going to do is go through the consent agenda, and then we're going to go through the His, the Mayor's items. We're going to go through the pension issue, the budget issue -- there are two budget issues, and then we'll finish with the Mayor with the Flagstone issue. But let's go through the consent City ofMiami Page 5 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 agenda. Priscilla A. Thompson (City Clerk): Chair, ifI might? Chair Sarnoff Oh, I'm sorry. You're right. I have one more thing to read. And there I am with my roadmap. All right. We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Manager, and Madam Clerk, and the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within ten calendar days of the Commission action. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Anyone who wishes to appeal any decision made by the Commission for any matter considered at this meeting may need a verbatim record. Please, no cell phones or other noise -making devices. Silence them now. Any person who becomes unruly will be barred from further attending the meetings, so behave. And any person with a disability requiring auxiliary aids and services for this meeting may notify the Clerk. Thank you. Chair Sarnoff All right. "[Later...]" Chair Sarnoff All right, we're back in adjournment [sic]. I think the -- well, let me speak on behalf of the Administration. I'll see ifI get it right. The -- FR.10 will be continued until April 8, RE.4 -- Ms. Thompson: Excuse me, Chair. Did you say FR.10 or FR.1? Chair Sarnoff Did I say 10? I -- FR.1. Ms. Thompson: FR.1 until when? I'm sorry. Chair Sarnoff April 8. I believe RE.4 will beApril 8. RE.5 will beApril 8. AndI believe RE.6 will be April 8. And do I need to do a motion toward that effect? Ms. Thompson: Yes, we do. Commissioner Suarez: So move. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner -- Commissioner Suarez: Suarez. Chair Sarnoff -- Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. "[Later...]" City ofMiami Page 6 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff All right. RE.1 through RE.9, why don't we move that that go to the April 8, 2010 meeting? Commissioner Dunn: So move. Ms. Thompson: IfI might -- Chair Sarnoff Go ahead. Ms. Thompson: RE.1 -- Chair Sarnoff Through RE.9 -- Ms. Thompson: No, no. We've already done 4, 5, and 6, so you need -- Commissioner Suarez: The balance. Ms. Thompson: -- RE.1 -- Commissioner Suarez: The balance. Ms. Thompson: -- 2 -- Chair Sarnoff One through three. Ms. Thompson: -- 3 -- Chair Sarnoff Then 6 through -- Ms. Thompson: -- 7 -- Chair Sarnoff -- 7 through 9. Ms. Thompson: -- and 9. Chair Sarnoff One through three, seven through nine. Why don't we move to get it to the April 8? Commissioner Suarez: So moved. Commissioner Gort: Second. Chair Sarnoff All right, we have a motion by Commissioner Suarez, second by Commissioner Gort. All in favor, gentlemen, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, that, I believe, takes care of this agenda, except for -- we have a supplemental agenda item adopting the CRA (Community Redevelopment Agency) budget. I believe there's two pocket items. We'll take them up. Ms. Thompson: And you have your -- Bill Anido (Assistant City Manager & Interim Public Works Director): Mr. Chairman. City ofMiami Page 7 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 CA.1 10-00247 Department of Parks and Recreation Ms. Thompson: -- district items. Chair Sarnoff Yeah. I'm going to ask -- CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION OF A MOSAIC ART BENCH SCULPTURE DESIGNED BY ARTIST CARLOS ALVES, AT AN ESTIMATED FAIR MARKET VALUE OF $80,000, TO BE CONSTRUCTED AND PROVIDED BY THE TRUST FOR PUBLIC LAND, AS PART OF THE MIAMI RIVER ART PROJECT, WITH SAID SCULPTURE TO BE INSTALLED ALONG NORTHWEST NORTH RIVER DRIVE AT NORTHWEST 2ND STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00247 Legislation.pdf 10-00247 Summary Form.pdf 10-00247 Project Overview.pdf 10-00247 Maintenance.pdf 10-00247 Email.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0138 Note for the Record: Although modified, item CA.1 was adopted as part of the consent agenda. CA.2 10-00248 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT AND A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF A STORM WATER PUMP STATION SERVING THE INTERSECTION OF S.R. 5/BRICKELL AVENUE AT CORAL WAY (SOUTHEAST 13TH STREET), MIAMI, FLORIDA, AS STATED HEREIN. 10-00248 Legislation.pdf 10-00248 Exhibit.pdf 10-00248 Exhibit 2.pdf 10-00248 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0133 City ofMiami Page 8 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 CA.3 10-00249 Department of Police Votes: CA.4 10-00250 Office of Grants Administration RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $147,123.67, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. 10-00249 Legislation.pdf 10-00249 Summary Form.pdf 10-00249 Letter.pdf 10-00249 Invoice.pdf 10-00249 Letter 2.pdf 10-00249 Budget.pdf 10-00249 Report of Cases.pdf 10-00249 Invoice 2.pdf 10-00249 Stats.pdf 10-00249-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0134 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY'S 2010 URBAN AND COMMUNITY FORESTRY GRANT PROGRAM, IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE ARBOR DAY 2011 CELEBRATION ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE TREE TRUST FUND ACCOUNT NO. 11500.152000.663000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION. 10-00250-Legislation-SUB.pdf 10-00250 Summary Form.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0139 Note for the Record: Although modified, item CA.4 was adopted as part of the consent agenda. City ofMiami Page 9 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 CA.5 10-00251 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $173,750 FOR THE MIAMI RIVER WATERFRONT PARK ACQUISITION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $521,250 TO BE PROVIDED BY THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00251 Legislation.pdf 10-00251 Exhibit.pdf 10-00251 Summary Form.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0140 Chair Sarnoff All right. So now we have CA.5, which was removed from the consent agenda, and I'd like that to be heard in conjunction, if you don't mind, with RE.8 since it is a park acquisition. So CA.5, can we have somebody from the Administration Office of Grants come in? Dorcas Perez (Acting Director): CA.5 is a -- I'm sorry. Dorcas Perez, Grants Administration. CA.5 is a resolution to submit an application for grant funding to the Florida Inland Navigation District, in the amount not to exceed $173, 750, for the Miami River Waterfront Park, and the matching funds are being requested from the Biscayne Bay Miami River Land Acquisition Trust Fund through the State in the amount of $521,250. Chair Sarnoff All right. Is there a motion for purpose of discussion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff All right. Motion by Commissioner Gort, second by Commissioner Dunn. Discussion, gentlemen. Commissioner Gort: Well, my understanding this is a park that's going to be created. Ms. Perez: It's going to be -- I'm sorry? Commissioner Gort: A park. Ms. Perez: It's a park, yes. It's for the creation of a park. Commissioner Gort: Do we have the plan for the maintenance of the park and the --? City ofMiami Page 10 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Perez: We don't have -- we have an estimate of $2, 223 per year for the maintenance of that park. Commissioner Gort: And I haven't been able to identify the location of the park itself and I apologize -- Ms. Perez: Because of the negotiations, that was not specified in the resolution. Commissioner Gort: Okay. Ms. Perez: But we -- I'd be happy to give you that information. Vice Chair Carollo: Mr. Chairman? Chair Sarnoff You're recognized. Vice Chair Carollo: I think up here we all have acknowledged, it's been established how I have been vocal as far as parks for District 3. Unidentified Speaker: It's in your district. Vice Chair Carollo: No, but hold on, Mr. Gort. I mean, you know, one thing that I've established in this dais is that am fair. And I'll be honest with you, the day before yesterday was the first that actually got this location, got the details and so forth. Whether it was miscommunication or not, so be, but the bottom line is this is not something that actually seeked [sic] as far as really thinking that this is the right land that we could get at the right cost and so forth. So I'm placed in a tough situation, which I'm actually glad that someone pulled this item and I'll tell you why. If we do not -- and it's my understanding that this -- to approve this is realistically just to ask for the grants, for the funding. Ms. Perez: Correct. Vice Chair Carollo: Correct. Now let's say we get approved by the State for the funding. At that time, if we decide not to accept the funding because it's going to cost us too much for maintenance or so forth, then we do not have to accept the -- Ms. Perez: Absolutely correct. Vice Chair Carollo: And realistically, we could even request to change that location to another location that we may find as long as it's in the waterway. Ms. Perez: If it's consistent with the guidelines, we can request that from the funder. Vice Chair Carollo: Okay. So with that said, I mean -- and I'm sure the Administration will tell you. I had a tough time with this 'cause I said, you know what? I may be voting against this because, again -- and you raised the right questions as far as maintenance for the park and so forth. I didn't have the answers yet. And as a matter of fact, I didn't even really seek this location, even though I know it's -- I knew it had to be in the waterway. I knew it had to be in the Miami River. And you know -- butl didn't want to seem to be, you know, passing up revenues or grants that may be coming our way. So that's why -- I've already asked some of these questions. And what asked is that, yes, we approve this on the condition that should we get this grant, later it comes to the Commission to vote in order to accept the grant. And once some of those questions have been answered, it may not be in our best interest to go after that land. One, it might be the price. May -- I honestly think what we're paying for that land, it might be too much. City ofMiami Page 11 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 So there's different, you know -- Ms. Perez: Yes. And we will come back. If approved, we would come back to the Commission for approval and acceptance of the grant. Vice Chair Carollo: So, in other words, Commissioner, this doesn't mean -- if we approve this now, it does not mean that we're getting the grant money and that we are making a park. Commissioner Gort: Okay. Vice Chair Carollo: It's just going to be available. And it's my understanding that if right now, we make the decision that no, we shouldn't seek the grant money, then we may lose that monies [sic]. So that's -- you know, and that's something, in all fairness, that was discussing yesterday with the Administration and, you know, I was grappling with it, to be honest with you, so -- Chair Sarnoff Any further discussion? Commissioner Gort: Mr. Chairman, my -- and my understanding is (UNINTELLIGIBLE) this application did not -- if we get them, you have to come back to us with a plan -- Ms. Perez: Yes. Commissioner Gort: -- on how they're going to be used. Okay. Chair Sarnoff The only thing I'd like to say, 'cause I'm a little bit familiar with the Biscayne Miami River Land Acquisition Trust Fund -- and for those that don't know that, that was the trust fund that was created by the State that allowed us to build Bayside. A certain percentage of Bayside rents goes into that to ensure that the City ofMiami can acquire or improve -- I'm not even sure improve, butt know acquire land that's on the water. So that's the stated purpose for this particular trust fund. However, the Vice Chair said something I'm not sure is as accurate as maybe -- as possibly being typified, which is it's not so easy to change this. We have to get permission from the State for each particular piece that we're trying to acquire. And in this circumstance, without naming where this is, this particular piece of land was permitted by the State, along with RE.8. That was permitted by the State. So in one respect or another, this Commission actually has to say `Mother, may I?" and they have to approve it. So I don't want anybody getting in their head, well, I have some land that I'm thinking about. We always have to get permission from the State for the use of this (rust fund. So with that said, any -- Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Go ahead. Vice Chair Carollo: I agree with you. And again, and some of this -- you know, there's only a small amount of time period there where I was able to, you know, actually research this, and I trust on, you know, the Administration's advice and, you know, their statements. But with that said, should we apply to the State to change locations and they deny us, we don't accept the grant -- Chair Sarnoff Correct. Vice Chair Carollo: -- which is my point. Ms. Perez: Right. Vice Chair Carollo: However, if now we vote against it, we lose the grant. City ofMiami Page 12 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff I think you're right. Vice Chair Carollo: And that's my point. Chair Sarnoff Okay. Vice Chair Carollo: Thank you. Chair Sarnoff All right. With that said, any further discussion, gentlemen? Hearing none, we have a motion; we have a second. All in favor, please say "aye" on CA.5. The Commission (Collectively): Aye. CA.6 10-00253 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN A TOTAL AMOUNT NOT TO EXCEED $150,000 FOR THE MIAMI WOMAN'S CLUB BAYWALK- PHASE I PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $150,000, TO BE PROVIDED BY THE COMMUNITY REDEVELOPMENT AGENCY OMNI FUND (PATEO: P-92-686001; A-1396; T-01; E-CONSTRUCTION IN PROGRESS; 0-920101); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00253 Legislation.pdf 10-00253 Exhibit.pdf 10-00253 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0135 CA.7 10-00257 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $20,000, FOR THE DERELICT VESSEL REMOVAL PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY-SIX PERCENT (56%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $25,000, TO BE PROVIDED BY CAPITAL IMPROVEMENT PROGRAM PROJECT NUMBER 40-B30596, ACCOUNT NUMBER 34000.221001.670000.0000.00000; FURTHER AUTHORIZING THE CITY City ofMiami Page 13 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00257 Legislation.pdf 10-00257 Exhibit.pdf 10-00257 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0136 CA.8 10-00254 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $15,000, FOR THE SPOIL ISLAND "E" RESTORATION AND DOCK -PHASE I PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $15,000, TO BE PROVIDED BY THE DISTRICT 2 QUALITY OF LIFE FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00254 Legislation.pdf 10-00254 Exhibit.pdf 10-00254 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0137 Adopted the Consent Agenda Votes: Motion by Commissioner Dunn II, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez END OF CONSENT AGENDA Chair Sarnoff Let's start with the consent agenda. Is there any Commission [sic] that wishes to remove any of the items from the consent agenda? Commissioner Gort: I was going to ask to remove CA.5, 6, 7, and 8, but the -- and the reason being is I don't have all the information, but because of the urgency that we have today and since you have it in the consent agenda, I'm sure you all have looked it over, butt would like someone City ofMiami Page 14 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 to come over and show me the plans 'cause my understanding is it's additional parks that we're going to create, and I would like to see the plans, if there's any, and -- for these items. Chair Sarnoff All right, so -- Commissioner Gort: I will not pull it. I will let it go through, and -- but -- Chair Sarnoff So you're not pulling 5, 6, 7, and 8? Commissioner Gort: No. I was going to, but for the sake of time, I'll discuss it later. Chair Sarnoff All right. 'Cause I'd like to pull CA.5 and have that heard consistent with RE.8. Commissioner Gort: CA.5 is fine. Chair Sarnoff Okay. So with the gravamen of the rest of the consent agenda, is there a motion? Commissioner Dunn: So moved. Priscilla A. Thompson (City Clerk): Excuse me, Chair. I have in my possession a substitute for CA.4. Chair Sarnoff Madam City Attorney? Julie O. Bru (City Attorney): The Department, please. I think the substitute is the funding code. The account code was incorrect, correct? So it's just a accounting code number that's being substituted. Carlos A. Migoya (City Manager): Mr. Chairman? Chair Sarnoff Yes. You're recognized. Mr. Migoya: Just a brief little minor thing of CA.1. The address is slightly incorrect. It's not Miami River Drive. It's Northwest North River Drive. Chair Sarnoff All right. Mr. Migoya: I wanted to say that in the record to make sure when you voted on it, we had the right address. Chair Sarnoff All right. So we're voting on the entire consent agenda with the exception of CA.5, as amended, as restated, as substituted. Is there a motion? Commissioner Dunn: So move. Ms. Thompson: No, no. I'm sorry. Your -- and again, I apologize. It's actually CA.4 that's amended and substituted. You said CA.5, so it's CA.4. Chair Sarnoff No. What I'm saying is I am removing CA.5 from the consent agenda -- Ms. Thompson: Okay. Chair Sarnoff -- and any other substitutions, amendments -- Ms. Thompson: Thank -- City ofMiami Page 15 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff -- everybody is understanding that there are substitutions, there are amendments, that would be on 1 and on, I believe, 4. Commissioner Gort: 4. Ms. Thompson: Thank you for the clarification. Chair Sarnoff Okay. Now is there a motion, as amended, as substituted, for the -- for everything except for CA.5? Commissioner Dunn: So move. Commissioner Gort: Second. Chair Sarnoff All right. There's a motion by Commissioner Dunn, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 16 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 ORDINANCE - SECOND READING SR.1 10-00317 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 62-61 ENTITLED "ESTABLISHMENT", TO CHANGE THE NUMBER OF VOTING MEMBERS FOR THE PLANNING ADVISORY BOARD FROM NINE TO ELEVEN, WITH THE MAYOR APPOINTING ONE MEMBER; AND AMENDING ARTICLE V/SECTION 62-122 ENTITLED "APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD/SIZE OF BOARDS AND TERMS OF OFFICE", TO CONFORM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00317 Legislation FR/SR.pdf SPONSOR: VICE-CHAIRMAN CAROLLO Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item SR.1 was deferred to the Commission meeting currently scheduled for April8, 2010. Chair Sarnoff Now, to keep on -- control of this, I suggest, gentlemen, that we move all of our second readings, SR.1 through SR.9 -- Priscilla A. Thompson (City Clerk): We only have one. Chair Sarnoff Sorry? Ms. Thompson: There's only one second reading, SR.1. Chair Sarnoff Oh, you're right. I'm sorry. I looked at that -- I apologize. We move SR.1 to the April 8 meeting: Is there a motion? Commissioner Dunn: So move. Chair Sarnoff All right, the motion been Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff First reading, granting FP&L (Florida Power & Light) franchise, I suggest we City ofMiami Page 17 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 continue that to the April 8 meeting. Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: No. Wait, wait. We're -- I'm sorry. You're rolling along. Thank you very much. But we're trying to make sure we have this recorded. Your SR.1 is going to 4/8. Chair Sarnoff Correct. Ms. Thompson: Okay. Chair Sarnoff As is FR.1 going to 4/8? Ms. Thompson: Well, we already did FR.1. Chair Sarnoff Oh, I'm sorry. Okay. See, I was just seeing if you were paying attention. Ms. Thompson: Okay. ORDINANCE - FIRST READING FR.1 10-00179 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO Office FLORIDA POWER & LIGHT COMPANY AN ELECTRIC FRANCHISE AGREEMENT; IMPOSING CONDITIONS RELATING THERETO; PROVIDING FOR INITIAL PAYMENTS, AND THEN, MONTHLY PAYMENTS TO THE CITY OF MIAMI DURING A TERM OF 30 YEARS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00179 Summary Form.pdf 10-00179 Agenda item distributed prior to CC.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Dunn II Note for the Record: Item FR.1 was deferred to the Commission meeting currently scheduled for April8, 2010. RESOLUTIONS RE.1 10-00252 RESOLUTION City ofMiami Page 18 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 3/25/10 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 10-00252 Legislation.pdf 10-00252 Exhibit 4-8-10.pdf 10-00252 Summary Form.pdf 10-00252 Text File Report.pdf 10-00252 Text File Report 2.pdf 10-00252 Attachment A.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo RE.2 10-00258 Department of Capital Improvements Program Note for the Record: Item RE.1 was deferred to the Commission meeting currently scheduled for April8, 2010. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), TO ENTER INTO A TRI-PARTY JOINT PARTICIPATION AGREEMENT ("JPA"), WITH THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A CAPITAL IMPROVEMENT PROJECT ENTITLED "BICENTENNIAL PARK MOORING BOLLARDS, B-30538A"; ACCEPTING THE CONTRIBUTION OF FUNDS BY THE TRUST, IN THE AMOUNT NOT TO EXCEED $150,000, AND ACCEPTING THE CONTRIBUTION OF FUNDS BY THE DDA, IN THE AMOUNT NOT TO EXCEED $150,000, IN FURTHERANCE OF THE PROJECT, AS STATED HEREIN. 10-00258 Legislation.pdf 10-00258 Exhibit.pdf 10-00258 Summary Form.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) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0147 Chair Sarnoff What is it? Bill Anido (Assistant City Manager & Interim Public Works Director): RE. 2. Chair Sarnoff RE.2? Priscilla A. Thompson (City Clerk): I'm sorry? City ofMiami Page 19 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff RE.2. All right, gentlemen, RE.2. Ola Aluko (Director, Capital Improvements Project): Good afternoon, Ola Aluko, director of Capital Improvements. Ms. Thompson: I'm sorry, Chair. Chair Sarnoff Yes. Ms. Thompson: I must say something to you. Chair Sarnoff I'm violating our previous motions. Is that what you're telling me? Ms. Thompson: Okay. Thank you. So we're just -- Chair Sarnoff So what we'll do is we'll amend our previous motion based upon the taking of these two resolutions. Ms. Thompson: So that our motion earlier to move to 4/8 will include RE. 1, RE.3, andRE.7? Chair Sarnoff Correct. Ms. Thompson: Thank you. Chair Sarnoff Do you want me to do a new motion on that or do you want the seconders and -- Ms. Thompson: I just wanted to put it in the minutes -- Chair Sarnoff -- clarify on the record? Ms. Thompson: -- so I can put it in my minutes. Thank you. Chair Sarnoff Okay. RE.2. Mr. Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. RE.2 is an authorization to -- it's an -- I'm sorry. It's authorizing the Manager to accept a joint participation agreement between the City ofMiami and the Downtown Development Authority and the Bayfront Management Trust for the Bicentennial Mooring Bollards project. The acceptance of the awards are in the amount of $150, 000 from the DDA (Downtown Development Authority) and $150, 000 from the BayfrontManagement Trust. Chair Sarnoff All right. Is there a motion on RE.2? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. It's a public hearing. Anybody from the public wishing to be heard on RE.2? Mariano Cruz: Mariano Cruz, 1227 26th Street. I am a member of the Bonds Advisory Board, and we already approve the other day a million something, and we study all that, and we City ofMiami Page 20 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 approve of those, but we need that for the ships going there and all the (UNINTELLIGIBLE) ships, everything. It will be good for downtown. Thank you. Chair Sarnoff Good. Thank you, Mr. Cruz. Anyone from the public -- anyone else wishing to be heard? All right, no one else. Public hearing is now closed, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, RE.2 is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. RE.3 10-00259 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Transportation ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NUMBER ONE, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ACCEPT AN ADDITIONAL STATE OF FLORIDA ("STATE") CONTRIBUTION IN THE AMOUNT OF $164,560, FOR A TOTAL STATE CONTRIBUTION IN THE AMOUNT OF $538,560, PROVIDED BY THE FDOT TRANSIT DEVELOPMENT PROGRAM, FOR THE OPERATION AND MAINTENANCE OF THE HEALTH DISTRICT RUBBER -TIRE TROLLEY SERVICE, PROJECT B-30581; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S ("CITY'S") REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $164,560, FROM THE CITY'S SHARE OF THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS OF THE PEOPLE'S TRANSPORTATION PLAN. 10-00259 Legislation.pdf 10-00259 Exhibit.pdf 10-00259 Summary Form.pdf 10-00259 Funds Approval.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item RE.3 was deferred to the Commission meeting currently scheduled for April8, 2010. RE.4 09-01363a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY ATTORNEY JULIE O. BRU, ESQUIRE. 09-01363a Legislation.pdf 09-01363a Exhibit.pdf 09-01363a-Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Dunn II Note for the Record: Item RE.4 was deferred to the Commission meeting currently scheduled for City ofMiami Page 21 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 April8, 2010. RE.5 09-01364a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY CLERK PRISCILLA A. THOMPSON. 09-01364a Legislation.pdf 09-01364a-Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Dunn II Note for the Record: Item RE.5 was deferred to the Commission meeting currently scheduled for April8, 2010. RE.6 10-00318 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE AWARD FOR THE PROCUREMENT OF A TRAFFIC SAFETY CAMERA PROGRAM TO AMERICAN TRAFFIC SOLUTIONS ("ATS"), THE THIRD -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSAL NO. 119057; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATS, FOR A PERIOD OF FIVE (5) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; FURTHER AUTHORIZING THE CITY MANAGER TO RENEGOTIATE SAID EXECUTED AGREEMENT WITH ATS SHOULD THE STATE LEGISLATURE PASS ANY LEGISLATION THAT WOULD IMPACT THE CITY OF MIAMI'S TRAFFIC SAFETY CAMERA PROGRAM IN ORDER TO BE IN COMPLIANCE WITH SAID STATE LAW. 10-00318 Legislation.pdf 10-00318 Exhibit.pdf 10-00318 Exhibit 2.pdf 10-00318 Summary Form.pdf 10-00318 Text File Report.pdf 10-00318 Corporation.pdf 10-00318 RFQ.pdf 10-00318 Pre Legislation.pdf 10-00318 Attachment 1.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Dunn II Note for the Record: Item RE.6 was deferred to the Commission meeting currently scheduled for April8, 2010. RE.7 10-00177 RESOLUTION City ofMiami Page 22 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO PURCHASE THE ROCKERMAN CANAL IN COCONUT GROVE, FLORIDA ("ROCKERMAN CANAL"), FOR THIRTY-TWO THOUSAND FOUR HUNDRED FORTY-TWO DOLLARS AND FORTY SEVEN CENTS ($32,442.47), AS CONTEMPLATED IN RESOLUTION NO. 10-0034, ADOPTED JANUARY 28, 2010; ALLOCATING FUNDS FROM ACCOUNT NO. 1124.40.B30680; AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ROCKERMAN CANAL; FURTHER AUTHORIZING THE RECORDATION OF SAID DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 10-00177 Legislation.pdf 10-00177 Summary 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) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item RE.7 was deferred to the Commission meeting currently scheduled for April8, 2010. RE.8 10-00255 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, IN A TOTAL AMOUNT NOT TO EXCEED $185,000 FOR THE LITTLE RIVER WATERFRONT PARK ACQUISITION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR SEVENTY-FIVE PERCENT (75%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $555,000 TO BE PROVIDED BY THE BISCAYNE BAY/MIAMI RIVER LAND ACQUISITION TRUST FUND; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00255 Legislation.pdf 10-00255 Exhibit.pdf 10-00255 Summary Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0142 Chair Sarnoff All right. Let's take RE.8 since it's a symmetrical issue. All right, you're recognized for the record again, Dorcas. Dorcas Perez (Acting Director): Thank you. Dorcas Perez, Grants Administration. RE.8 is a resolution for authorizing the City Manager to submit an application for grant funding to FIND City ofMiami Page 23 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 (Florida Inland Navigation District) for $185, 000 for the Little River Waterfront Park, matching funds in the amount not to exceed 555,000 would be coming, if approved, from the Biscayne Bay Miami River Land Acquisition Trust Fund. Chair Sarnoff All right. Is there a motion for discussion? Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Same -- well, let me ask. Discussion, gentlemen? It's the same pot of money. It's the same issue of the acquisition of park. Just like the Vice Chair said, this can come back to us. And just like Commissioner Gort said, we'll come back with a plan to make sure that this can be digested by our parks based upon our revenue sources of next year's budget. Fair enough? Commissioner Dunn: Yeah. Commissioner Gort: Yes. Chair Sarnoff All right. So RE.8, gentlemen. No further discussion being requested, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, you have unanimous vote, Madam Clerk. RE.9 10-00256 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND") WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $175,000, FOR THE MIAMI MARINE STADIUM IN -WATER STRUCTURAL ASSESSMENT PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $175,000, TO BE PROVIDED BY THE CIP FUND (B-30688); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2010-2011. 10-00256 Legislation.pdf 10-00256 Exhibit.pdf 10-00256 Summary Form.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) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0146 Chair Sarnoff Go ahead. City ofMiami Page 24 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Dunn: Chair. Bill Anido (Assistant City Manager & Interim Public Works Director): RE.9 is one that we should hear today because it's a grant application that's due. If we could briefly hear that, the Adminisfration would appreciate it. Chair Sarnoff Okay, RE.9. Dorcas Perez (Acting Director): Apologies. Thank you very much. Dorcas Perez, Grants Adminisfration. RE.9 is a resolution to submit a grant application to the FIND, Florida Inland Navigation District, in the amount of $175, 000 for the Miami Marine Stadium in water structural assessment. Chair Sarnoff All right, is there a --? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Public hearing. Anybody wishing to be heard on RE.9, please step up. Hearing none, seeing none, comes back to the Commission. Anybody wishing to be heard? Hearing none, seeing none, gentlemen, RE.9 is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous, Madam Clerk. Ms. Perez: Thank you. RE.10 10-00356 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, SUBJECT TO THE APPROVAL OF THE COURT APPROVING A CLASS -WIDE SETTLEMENT, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CLASS ADMINISTRATOR APPOINTED BY THE COURT, WITHOUT ADMISSION OF LIABILITY, BUT IN NO EVENT BEFORE OCTOBER 1, 2010 (EXCEPT FOR THE COST OF PROVIDING NOTICE TO THE CLASS, WHICH MAY BE PAID IMMEDIATELY), THE SUM OF $3,400,000.00, FOR THE ESTABLISHMENT OF A COMMON FUND, FROM WHICH SHALL BE PAID ALL CLAIMS AS PERMITTED BY THE COURT, ALL ATTORNEYS FEES ALLOWED BY THE COURT, AND ANY AND ALL COSTS FOR THE ADMINISTRATION OF THE CLASS SETTLEMENT, WITH THE RESIDUE, IF ANY, TO BE REFUNDED TO THE CITY OF MIAMI, WHICH PAYMENT SHALL BE IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CONSOLIDATED CASES OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), AND NADINE THEODORE, ET AL. VS. CITY OF MIAMI, CASE NO.: 99-28417 CA (15), PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION BY THE CLASS REPRESENTATIVES, SIDNEY S. WELLMAN, DANIELLE WELLMAN, NADINE THEODORE , GUSTAVE DORCILOME, AND MICHEL CHICHE, OF A City ofMiami Page 25 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 GENERAL RELEASE OF THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.549000.0000.0000. 10-00356 Legislation.pdf 10-00356 Cover Memo.pdf 10-00356 Budget Memo.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) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo R-10-0143 Chair Sarnoff All right. Wellman on -- gentlemen, if you could help me. I'm not sure I know where Wellman -- it's RE.10, page 14. RE.10, page 14. Julie O. Bru (City Attorney): Okay, Mr. Chair. We're going to have outside counsel who's representing the City on this manner join us in a minute. But as you know, this would be a resolution that would authorize a settlement of a class -wide lawsuit that has been filed against the City. The sum that would be approved by this Commission would be $3.4 million. And Mr. Joe Serota, our outside counsel from Weiss Serota, who is right here, will be addressing the Commission on this matter. Thank you. Chair Sarnoff All right. You're recognized for the record, Mr. Serota. Joseph Serota: Good morning, Mr. Chair, members of the Commission. We have before you a settlement -- Mr. Mayor, I'm sorry -- which has emanated from an executive session that we had. At this point, the elements of the settlement are in the proposal. Because it is pending litigation, I'm hesitant to say anything other than the fact that the CityAttorney's Office and outside counsel recommend the settlement. Beyond that, I have -- can answer any specific questions that you may have. Chair Sarnoff Is there a motion? Commissioner Gort: I'll move it. Commissioner Dunn: Second. Chair Sarnoff There's a motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Vice Chair Carollo: Yes. And understanding that, you know, we want to limit our discussion 'cause we are in litigation, the motion is to approve the amount? Chair Sarnoff Yes. Mr. Serota: Yes. Chair Sarnoff Yes, 3.4 million. Vice Chair Carollo: I will end up voting no. I will be in disagreement in approving that amount. City ofMiami Page 26 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 RE.11 09-00451 Office of Strategic Planning, Budgeting, and Performance Chair Sarnoff Okay. Anybody want any other discussion on this matter? All right. This is the one where we had a $3.8 million opportunity, which now is a $3.4 million opportunity. There's always a tendency to want to go lower, but based on my impressions, this is probably a good settlement for us and it saves us $400, 000 from the last time we saw this, so I pretty much will be voting yes. So with that said, on RE.10, the Wellman settlement, all in favor, please say "aye." Commissioner Suarez: Aye. Commissioner Dunn: Aye. Commissioner Gort: Aye. Chair Sarnoff Aye. Vice Chair Carollo: No. Chair Sarnoff One no registered, Madam Clerk. All right. Mr. Serota: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009. 09-00451 Legislation 3-25-10.pdf 09-00451-Legislation-3-25-10 SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0141 Direction by Vice Chair Carollo to the Administration for the Liberty City Trust, Virginia Key Beach Park Trust, Civilian Investigative Panel, and their auditors to provide a report to the Commission as to why they are late with their financial statements, and for the City's external auditors to advise the City Commission as to why the City's financial statements are not on time. Mayor Tomas Regalado: Mr. Chairman, ifI may, as promised, we have the report on the closing of 2009. This is the final amendment budget of 2009, so that is the year that ended September 30th of 2009. I have read the comments of members of the Commission in today's paper, andl think they're fair. More information is needed. But ifI can just go over briefly. The purpose of this amendment is to legally appropriate funds consistent with the results of operation for the year-end of approximately a 25 million loss. Additionally, 28.4 million were transferred to the capital fund to cover unallocated expenditures and to reimburse impact fee eligible projects account. As a result, the total loss for fiscal year 2009 will be 53.6 million. You have the details, and there are two components, the revenues that were impacted by the economic downturn and expenses of the departments. Three of the departments that were significantly over their operating budget allocations last year were Fire, Police, and Parks. The two public safety department combine exceeded their total allocation by slightly more than $21 million. Parks exceeded their budget allocation by $4.5 million. That is 18.9 percent. The other affected area was Risk Management, and more particular, the expenses related to litigated City ofMiami Page 27 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 claims and workers' compensation medical payouts. The City was able to settle several old outstanding cases, resulting in $11.4 million. And, of course, the Manager, as you all know, is -- has decided to return 28.4 million to capital, 20.2 million to cover capital project expenditures that had no allocated budgets, and the remaining 8.2 million of this transfer will replenish impact fee projects account. That is the closeout memo for 2009. I understand that Chairman Sarnoff made a comment that he wanted to see the capital projects. I think it's fair. All of you should have a detailed list of what is going on with capital projects. Vice Chairman wanted to see the audit. I think it's important that you all see it. So my offer to you, if you don't feel that it's -- that today you should vote on this, we can bring it back after you have all the information. I think the Manager has some -- or Larry -- comments on the closeout of year 2009. Larry Spring (Chief Financial Officer): Mr. Chairman? Chair Sarnoff You're recognized for the record, Mr. Spring. Mr. Spring: Larry Spring, chief financial officer. As the Mayor has stated, in summary, the closeout for fiscal year 2009 has resulted in a 5.3 -- I mean -- excuse me, $53.6 million overall loss. The two losses, for the purpose of presentation, we did bifurcate. Ifyou recall some time in early -- late December, early January, we discussed that we would have -- we estimated that we would have a $27.2 million loss from operations. The result -- the end result of our going through our closing process, working with our external auditors yielded an improvement in that operating loss of approximately $2 million, leaving us at 25 million. The remaining 2.8, as it was previously stated, is to address return to capital of certain funds. For clarification purposes, I did want to put on the record, $8.2 million of that return is going to go back for impact -fee -eligible projects to help supplement the continuation of those projects. The other projects were for capital projects that continue to spend, that did not have their budgets changed, thus did not have cash allocated towards those projects to be funded. I'd gotten a request, and I wanted to kind of put on the record today via the briefings with each of you, one of the issues that came up was to kind of get -- put on the record what some of those over -expended capital account -- projects were. Generally, they were in the nature of internal projects. The large part of them were citywide fleet, police vehicle replacement related, PC (Personal Computer) software upgrades, the elevator modernization project at the MRC (Miami Riverside Center). We had the -- some dollars for a roof replacement, the property maintenance building at GSA (General Service Administration), some strategic initiatives related to IT (Information Technology) projects, our land management. All that were previously supported by general fund allocations that were moved, but those projects were allowed to spend. Obviously, with regards to the impact fee project supplement, it is the entire, if you will, listing of projects that are impact fee eligible. They range from transportation projects, street calming, parks, also police, fire -related -- the expansion of our public safety system as is allowable by impact fees. And if you will, I can provide you with that full list in a communications to the Commissioners. So I just wanted to make that clarification. With regards to the details on departments, as the Mayor stated, public safety area, Fire and Police, combined was a 21 million -- most of that was associated with the overtime -related costs. And if you looked at the attachment that we provided, iyou do the comparison from '08 actuals through '09 actuals, what you will notice is while the expenditure stayed pretty consistent from year-to-year, including increases that were realized during those budget years, the budgets related to those -- I guess the original budget that was appropriated was less than what their run rate and their spending rate was. I think that was the Administration at the time trying to slow down the spending as much as possible and not being able to reach that goal. One of the other issues that came up in the briefings that I wanted to address is the fact that, why was this not recognized or brought before the City Commission before today? Ifyou look at the legislative history attached to this item in your agenda packages, you will realize -- you will see that this item was -- it was attempted to be brought back in June and July of last year, a few times during the fall, once again in December. In December, the new Mayor being in place thought it was best that we defer the item since we City ofMiami Page 28 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 were so close to closing the books and having the real number as opposed to an estimated number. So we delayed the presentation of it. The -- you know, so I guess, in deference to the Commission, I wanted to make sure that everybody understood that we were -- you know, it was being delayed, a lot of other things were going on. And you know, we're bringing it now as a closeout 'cause I know the number is quite large. Other than that -- oh, the last thing I need to put on the record is the fact that as a result of this loss, our City's general fund reserve will go from 94 million down to 39.9 million. That will put us below our required -- our financial integrity ordinance required -- reserve requirement. Now, while it's not a violation of the ordinance, it does trigger an action on the part of the City. That action is that we need to present to the City Commission a two-year recovery plan with regards to getting our reserves back up to level. Our expectation is that we will have that in front of the Commission within the next 45, 50 days. Obviously, we will need to work with each of you individually and collectively to be able to develop that plan. So those are the things that I wanted to put on the record for today with regards to RE.11. Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Let's let the Mayor -- Mayor Regalado: IfI may. On that -- on the plan, we will have a plan for you, but before having a plan brought to the City Commission, we would like to have the input of all the members of the Commission and, you know, bring you some ideas that the Manager and I have already -- and have some details that we'll be able to discuss with you. And then, when you all feel comfortable, we will bring the plan to the City Commission for a public discussion. In -- earlier this year, we promised that we will have month -by -month, on the finances, a report for you. Today, we have the February of 2010 with the projection for the remaining seven month [sic] of the fiscal year, and we will bring this to you every month. And the February projections shows that this budget is $28 million in deficit. It is difficult news to convey to you, but it is important that we bring everything in the open. We will not hide everything, not to you, not to the people of the City ofMiami. The projections show today a deficit of $28, 312, 783. If we were to use the fund balance, it would mean that we will have 11 million in the fund balance, and that would be a bigger challenge. I can tell you one thing. We -- number one, we want everything to be known. There's not going to be anymore transfers to do this. There's not going to be anymore surprise to -- for the Commissions [sic] and the people ofMiami. And we are -- we're here to tell what we know, and hopefully -- of course, this is the worst -case scenario. We are working -- instead of working with the best -case scenario and then giving you the bad news, we're working with the worst -case scenario, and hopefully, this will be -- this will not be the deficit next month when we report to you. I think that the Manager has some comments and it's important, because I know that it's difficult, but Carlos understands the challenge. I mean, we are -- we're here paying for the sins of the past, but we have to deal with that. And we have some ideas, and we believe that we can bring you more good news. So, Mr. Manager, ifI may, Mr. Chairman? Chair Sarnoff You're recognized, Mr. Manager. Carlos A. Migoya (City Manager): Mr. Chairman, before we talk about February -- and it's a matter of procedure. Before we talk about the -- continue on the 2010 projections -- and it's at your pleasure -- would you like to first consider the RE.11, adopt? We need to adopt the budget for 2009 for the record so we can get the financial statements done for the year. Chair Sarnoff The closeout. Mr. Migoya: Yeah, closeout. Chair Sarnoff All right. Let's see -- I don't know if you guys want to do this by motion or just City ofMiami Page 29 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 discussion first. I know you wanted to be heard so -- Vice Chair Carollo: Yeah, I definitely want to be heard. Chair Sarnoff Let's let the Vice Chair speak, and then Commissioner Gort, and then Commissioner Dunn. Vice Chair Carollo: Okay, first of all, thank you, Mr. Chairman. I said in the last meeting, and probably the meeting beforehand [sic], that at least for 2009, we should know the numbers soon enough because -- and I'm going to start asking some questions and -- that I also asked yesterday, and I may even know the answers to. But I want to put the questions on the record. And ifI may, Mr. Chairman? Mr. Spring -- Chair Sarnoff Go ahead. You have colloquy. Vice Chair Carollo: -- for the year 2009 -- year ending 2009, when are the audited financial statements due? Mr. Spring: Larry Spring, chief financial officer. Per our financial integrity ordinance, the financial statements are due on March 31. Vice Chair Carollo: Exactly. And that's why I said in the last meeting, and like I said, previous meetings, that we will actually know the 2009 numbers. Question again, Mr. Springs [sic]. Are the financial statements for 2009 going to be issued on March 31? Mr. Spring: The financial statements for fiscal year ended 2009 will not be issued on March 31. Vice Chair Carollo: Why not? Mr. Spring: Due to some of the issues related to our SNC -- SEC (Securities and Exchange Commission) inquiry, our CPA (Certified Public Accountant) firm is sending the work papers for concurrent review with their SEC partner. That's one delay. The other delay is associated with our -- some of our outside agencies. There are three in particular who have not all submitted their audits to the City, which are incorporated into our final documentation -- our final document. The audit opinions of those other CPA firms are relied upon by our external auditor, and thus, they cannot issue until they have the final opinion letter. We've been trying to mitigate that issue, working, obviously, with our Finance director, myself intervening, calling those companies to see if they can expedite their audit processes. Although, in order to help move -- keep our process moving, we have used draft numbers that we're aware of to continue. So we are trying to mitigate it, but those are the two major factors, and the fact that our Finance director broke her leg in the process. Vice Chair Carollo: Well, that one I can forgive, but -- Who are the three entities? Mr. Spring: Liberty City Trust, the Virginia Key Beach Trust, and the Civilian Investigative Panel. Vice Chair Carollo: Okay. I don't know what's the proper way of doing this, and I will always, you know, go through the Manager, but at the very least, can each one of those trusts report to this Commission why they are late with their financial statements? Mr. Migoya: I don't see why not. Vice Chair Carollo: As a matter offact, each entity and their auditors. I would like to also request from their auditors -- because there might be different reasons, Mr. Manager. I mean, City ofMiami Page 30 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 the entity might have a reason why they're late, but the auditors might actually say that there's another reason why it's late. So I actually would like to know from both of them -- Mr. Migoya: Okay. Vice Chair Carollo: -- why those financial statements are late, which, is [sic] essence, costing us to have our financial statements issued late. Mr. Spring: Absolutely. And we'll get that to you. Vice Chair Carollo: As soon as possible, obviously. Mr. Spring: Absolutely. Vice Chair Carollo: As a matter of fact -- and I know we -- you stated two other reasons for us issuing our financial statements late. Can our auditors, external auditors, also advise this City Commission why the financial statements are not on time? Mr. Spring: Absolutely, sir. Vice Chair Carollo: Thank you. These adjustments that are being recommended, are our external auditors aware of them? Mr. Spring: Yes. If you will, I'll have the Finance director address all of these -- Vice Chair Carollo: Thank you. Mr. Spring: -- questions. Diana Gomez: Diana Gomez, Finance director. Yes, the -- all the adjusting entries have been provided to the external auditors. Vice Chair Carollo: And are they in agreement with them? Ms. Gomez: I would say yes. They have not quest -- they have not told me that they're not in agreement with them so -- Vice Chair Carollo: When I spoke to someone yesterday, I came to the conclusion that sometimes the process isn't exactly understood, and I never want to get too technical as far as accounting terms and so forth, even though I usually speak in layman's terms. Is it important for our external auditors, independent external auditors, to be in agreement with these adjustments? Ms. Gomez: Yes. We -- a lot of the audit adjusting -- the adjusting journal entries can be one of two entries. They can propose something that they find something within their work paper -- within their field work, or we can propose something. It goes both ways. So if they find something, we have to be in agreement with it. And if we find something that we didn't have before the closing of the books, we propose it to them and they obviously have to be in agreement with it, as well. Vice Chair Carollo: Thank you. And obviously, I would -- I know the answer, but what's the purpose of the external auditors being in agreement with it, and what is the purpose of the external auditors? What are they actually doing? Ms. Gomez: Well, they're auditing the City's books in order to make sure that the financial statements as presented are free from material misstatement and that they follow all accounting City ofMiami Page 31 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 rules and GAAP (Generally Accepted Accounting Principles) and GASB (General Accounting Standard Board). Vice Chair Carollo: Exactly. So in other words, to give the assurance that the financial statements issued by the City are fairly stated? Ms. Gomez: That is correct. Vice Chair Carollo: And that's why it's important that any adjustments we're making to our books, they be in agreement with because they're the ones who are auditing, in essence, stating in a report which was issued for the 2008 year and March 26. So we're late for this year as we know. So, in essence, for 2009, if you go by last year, they should have issued it tomorrow or so forth. Ms. Gomez: Um-hmm. Vice Chair Carollo: But with that said, the bottom line is that they are the ones who are going to state, through their testing, their audit, that our books are fairly stated? Ms. Gomez: That is correct. Vice Chair Carollo: And then, once that happen [sic], our ending books in 2009 will be our starting for 2010? Ms. Gomez: That is correct. Vice Chair Carollo: Correct? Ms. Gomez: Um-hmm. Vice Chair Carollo: So, in essence, if these adjustments were made, or until we actually close the books and have audited financial statements for 2009, the 2010 could be estimated, but realistically, we don't have hard numbers for the first few months? Ms. Gomez: We wouldn't have a starting fund balance. Vice Chair Carollo: Exactly. Are we --? We're taking 2009 separately from 2010, correct? So now we're just discussing 2009? Ms. Gomez: Um-hmm. Vice Chair Carollo: Okay. I don't have any further questions. Chair Sarnoff Commissioner Gort. Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. I was looking at the report. I wanted to ask Mr. Spring -- one of the areas -- or three of the areas of the expenses -- and I know you went over it, but just for the record -- you talked about Fire, Police, and Parks. What actually happened there? What -- how did we get to that level? Mr. Spring: Well, again -- oh, Mr. Chair, I'm sorry. Chair Sarnoff No, no. It's all right. Mr. Spring: Larry Spring, again. I mean, the overages in Fire and Police, again, are associated City ofMiami Page 32 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 with their pure labor costs, you know. And it may even be a very fair statement to say that it was just -- it was under -budgeted on some level. With regards to Parks, Parks, as you know -- the park system has been expanding a great deal over the last six or seven years and we've been adding new facilities on, they've been given new buildings and things to operate that were not necessarily considered in the appropriated budget as the year goes 'cause those things are online. The additional costs are associated with the programming; summer program, some of the costs associated with the very elaborate after -school programs that we put on, although they are subsidized by grants. One of the exercises that the Manager and I have been working with Parks is we've asked them to put together a budget that demonstrates what their pure facility operating costs are and to know exactly every single building, every single piece of land, every structure that they're responsible for operating and maintaining and what the cost of that is outside of programming so that when we come before this Commission to do the fiscal year '11 budget, we're going to -- you know, we'll give you a realistic view of what that is, and then we can have an honest, open dialogue about what we do as we move forward. Do we close parks? Do we cut back programming? Do we --? Whatever those things -- charge more fees? Whatever those things are, we will, you know, work together to get to that end, but that's basically what happened in the '09. Commissioner Dunn: Now relative to the fees, had we incorporated some of those -- those fees that were incorporated, had we actually utilized those fees, would it -- could it have reduced our debt right now, possibly? Mr. Spring: Clearly, a fee increase back a year earlier would have helped to mitigate this loss, although this loss is rather large and I -- Commissioner Dunn: Yeah. Mr. Spring: -- would have to say us increasing fees 5 percent or 10 percent would have -- although it would have had effect, it probably would not have prevented this large of a deficit. I think in the Commission before -- I know Chairman Sarnoff was here before -- we went through a painstaking process looking at the fees, and this Commission here got to see the end of that process culminate. So, you know, again, we did an analysis. We've looked at other ways to increase our fees. It just -- if we're going to look into that, it needs to be done in an appropriate manner. We need to balance it against cost to deliver service. At the end of the day, I know solid waste fee was one that was discussed heavily before and how much does it cost to deliver that service as opposed to what do we charge, and should it be subsidized, how much, so on and so forth, although this Commission has previously increased that -- incrementally increased those fees -- certain fees. Commissioner Dunn: One more question, Mr. Chair. Now in comparison to other municipalities and even in the County, we are -- we deliver pretty good in terms of the -- with the solid waste, but the fees are -- we're kind of at the bottom of the scale? Mr. Spring: The fact of the matter is -- ifI can say it and be proud of the City for a minute -- I think our solid waste service is one of the top 'cause we do provide weekly bulky trash pickup, twice -a -week regular frash pickup, and our fee is the second lowest in the county. Commissioner Dunn: Okay. Thank you, sir. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Is our Solid Waste Department out of budget? Mr. Spring: At the end of close -- let's see here. Nope. Solid Waste is actually in surplus for the City ofMiami Page 33 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 year-end. Commissioner Suarez: Okay. So they're providing these wonderful services and they're doing it within their budget? Mr. Spring: Let me make one clarification. In their department budget, we do not have full costs in there, so the pension costs, healthcare and all those things are budgeted in other areas. So when I -- when you see this document, you're just looking at what we allocate towards pure operations. When you add the 54 percent, we're talking about a whole new ball game. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Please, continue colloquy. Commissioner Suarez: Thank you. Mr. Springs [sic], don't we have a mechanism in the City for essentially shutting off the spigot when a department is getting close to or is about to exceed their budget? Mr. Spring: Yes. We have different measures that we can take. One that I think the Commission knows right now that has been instituted by the Manager, we're on a purchasing freeze. We have a purchasing committee which I sit on, the Finance director, and the GSA director. Every single expenditure request will go through that committee. If we feel it's not of a nature that is absolutely necessary to the life safety of our public, you know, gas, utilities, the bare things that we need to continue operating, they won't be made. Commissioner Suarez: The reconciliation, which is really what we're talking about here, would be, in essence, replenishing these transfers that may or may not have been done properly to balance prior budgets. I believe 2008 and 2007, correct, or maybe 2008 and 2009? Mr. Spring: 2007/2008. Commissioner Suarez: Right. That's what I thought. So, in essence, what we're doing is, with one fell swoop, we will be, in essence, paying for the deficits of three years? Mr. Spring: No, no, no, no. And I want to make one clarifying point. When those transfers were booked into -- were processed and booked, those transfers were reviewed and -- by our external auditors. They were able to verify and validate that they were coming from the appropriate source and that the transfer of cash itself was appropriate. What happened after the fact, after the money was moved, the budgets that are loaded in our system, which is the spending authority - - and again, one of the system controls associated with what you just said, you know, we need to - - the budgets that are loaded in the system have to be consistent with what has been appropriated and what we know is supported by cash. If there is a delta or a variance between those two, what happened could happen again. So part of the process that we've gone through now is on the capital side, we've shut down all of the spending. We're going back through all of those project by project by project -- at the project level, not the holding account or cash account level, but at the project level and making sure those budgets are consistent with the cash that we know supports those budgets. And actually, in the April 8 agenda, we will be bringing a capital appropriation in order to appropriate the new starting point. From that day forward, it will be reconciled on a project -by -project basis. No movement will occur from any project unless an appropriation is brought back to this Commission, and I'll give you an instance. The Commissioners have the flexibility to decide what their priorities are for their capital projects. I want to do this street first, this street second, or I want to allocate -- take some savings from this project and move it to this project 'cause I'd like to see another block done or I'd like to see a park be a little bit more elaborate, so on and so forth. In the past, certain movements were allowed to happen to accommodate that flexibility without having to come back and appropriate City ofMiami Page 34 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 -- legally appropriate those funds appropriately at the project level. We're stopping that, and we will be bringing back every time -- you will still have the flexibility to prioritize as you always had. We'll just make sure that the budget associated with that change has been brought back, appropriated so this will never occur again, at least -- Commissioner Suarez: Right. Mr. Spring: -- while Larry Spring is here. Commissioner Suarez: Okay, thank you. And I guess -- let me -- maybe I didn't make myself clear the first time. Let me see ifI put it in a different way. The monies that were fransferred, whether they were transferred appropriately or not, were transferred to balance the budget, correct? It was part of -- Mr. Spring: It -- not to balance -- Commissioner Suarez: -- the budgetary process. Mr. Spring: It wasn't to balance 'cause in those years we still suffered deficits in those years. It was -- I would say the reason why it was fransferred was more to make sure we maintained compliance with our reserve requirement 'cause the money went into the reserve. It wasn't -- we didn't give it to Parks, if you will, or Fire. It went into the reserve to keep the reserve requirement at the level that we thought was appropriate -- Commissioner Suarez: At the threshold. Mr. Spring: -- for the City. The threshold, correct. Commissioner Suarez: So -- okay, that's fine. But your -- my point is basically that you were saying in those years, notwithstanding those transfers, we still had deficits in those years as well? Mr. Spring: Yes, we did. At the end of those fiscal years, we still had deficits. Commissioner Suarez: So we've had a fiscal -- a year deficit for 2007, a fiscal year deficit for 2008, a fiscal year deficit for 2009, and we have a projected fiscal year deficit for 2010? Mr. Spring: That is correct. Commissioner Suarez: And our fund balance -- our reserve balance has gone from a high point of $140 million to now, based on what the Mayor has told us today, potentially as far down as $11 million? Mr. Spring: That is correct. Commissioner Suarez: Okay. You know, I'm just saying this because I think what I'm getting at is now has come the time for the tough choices that we have to make. Mr. Spring: Absolutely. Commissioner Suarez: And that's it. There's no more moving money around. There's no more playing anymore games. Now it's time to make tough decisions that are in the best interest of the citizens of the City ofMiami so that going forward, we have a healthy city. Andl think that's the only thing that this Commission and this Mayor is going to accept going forward. And that's what we're going to be looking for for this next fiscal year budget. We're -- we got to stop going City ofMiami Page 35 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 in this direction now. Mr. Spring: Absolutely. Commissioner Suarez: So -- and we have to start going in the opposite direction, in fact. It can't just be, you know, balancing our budgets barely. We have to start replenishing the fund. It's obviously an internal legal requirement, but it's a sound, prudent financial, you know, practice. And we obviously have, as you know, to go to market with certain bond issues -- Mr. Spring: Right. Commissioner Suarez: -- in the future. And you know, we just have to stop this practice. This is the fourth year in a row we're doing this, and I don't think anybody in this Commission or the Mayor is going to accept this any longer. Mr. Spring: We agree 100 percent. Chair Sarnoff Commissioner Gort. Commissioner Gort: I think, unfortunate [sic], we have created unrealistic budgets in the past and nobody live up to their budget. That's the problem that we had. So we have to make sure whatever budget we come up with that the different departments live up to it and they don't -- they would not go above it. I mean, that's -- Chair Sarnoff Commissioner -- Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. As a matter of fact, I said I didn't have anything else, but I should have said I didn't have anymore questions at that time. With that said, when do you expect the financial statements to be issued for 2009? Mr. Spring: Feb -- excuse me, April 15. Vice Chair Carollo: April 15. Mr. Spring: April 15. Vice Chair Carollo: So by April 15, we should have issued financial statements, audited -- Mr. Spring: Right. Vice Chair Carollo: -- so we know exactly what happened in 2009 or where we're at -- Mr. Spring: Correct. Vice Chair Carollo: -- at the end of 2009? Mr. Spring: And I wanted to put one point on 'cause I know -- passing of this ordinance, we have to have the appropriate budget appropriation in the document before they close, before they actually issue, so this needs to proceed the issuance of the actual final financials. Vice Chair Carollo: I understand. Mr. Spring: Okay. Vice Chair Carollo: I have a question, Larry. Are there any penalties for departments, City ofMiami Page 36 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 department heads when they go over their budget by some of the amounts that we're seeing here? Mr. Spring: Per the financial integrity ordinance, the department directors are supposed to, in essence, present themselves to the Commission and explain why they are over their budget. In a -- I guess in a normal operating fiscal year, if things would have occurred the way they should have, the Commission would have received a forecast -- 'cause remember, we do that forecast out in time so we have time to start turning down the spigots, making those operational changes and make some adjustments as we go. There's always going to be expenditures, events that occur that will take a department over budget. Today, the Commission's going to consider a settlement item that's going to -- For the current fiscal year, that settlement is going to take the department that holds the money for it over their budget for the year. But that's one of those things we -- you know, you try to fit it -- fit the square peg in the square hole and it becomes round sometimes during the year. But they're supposed to present themselves. And correct me if I'm wrong, I thought there was a small fine associated with going over, you know. But again, of course, the discretion of the Manager also is the final -- Vice Chair Carollo: Has any department heads been fined? Mr. Spring: No. Vice Chair Carollo: So in other words, all these departments that went over budget are running the same way and no one was fined, no one was penalized? So -- and the reason why I'm saying this, Larry -- and definitely no disrespect to the new Manager. I know he comes in at a tough time, and I fruly believe he's really frying. And I think maybe he got himself into something that -- it's a little tough. But this where I'm getting at. It appears there were no penalties, no one was held accountable, and in 2010 we're going the same route. I mean, in all fairness, Mr. Springs [sic], when did we have the last update on the 2010 budget? Mr. Spring: It's been a few months. Vice Chair Carollo: It's been a few months. And actually, it was Mr. Boudreaux that came up, wanted to give me December numbers when, I believe, only one Commissioner had those December numbers; everyone else had November numbers, including myself -- Mr. Spring: That is correct. Vice Chair Carollo: -- and that's unacceptable. So I'm seeing a pattern that's continuing. I'll go a step further. And again, Mr. Manager, I know the hard work that you're doing. I know the time that you're putting in, and -- so it's no disrespect or am I trying to say that, you know, you're continuing the old Administration or so forth. But with that said, in -- how do I say this? Okay. Again, with no disrespect -- and Mr. Manager, I sent you an e-mail (electronic) on this and I know you're working on it. But realistically, Larry, I don't think that the CFO (Chief Financial Officer) should also be the budget director. I think there should be some segregation of duties there. And I know for a fact -- and you know -- and I sent an e-mail to the Manager. I know it's in [sic] an interim basis. I know it's in [sic] an interim basis, and I know the Manager is addressing it. We actually spoke about it. But realistically, I think there should be more segregation of duties. The CFO should not be the budget director. And it's not about Larry Springs [sic]. It's about the positions. And again, I'm continuing to seeing [sic] this pattern in 2010 where we don't have the numbers, where, you know, there's no one being really penalized. I know some people were dismissed but, you know, I'm concerned. Is it or is it not that --? And realistically, I'm asking a question that we all know the answer. I don't think there's one employee in the City of Miami that does not know the issues we've had with payroll. I mean, would you -- Mr. Spring: It's true. City ofMiami Page 37 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Vice Chair Carollo: -- agree? Mr. Spring: No. It's a true statement. Vice Chair Carollo: Okay. And this is why I know the Manager is working hard and so forth. After many, many fries, finally on Monday -- when I went to the Manager's office, and you know, quite frankly I said, Mr. Manager, I need already the numbers for the payroll in my office. I have only two employees. It cannot be that difficult. I only have two employees. When am I finally going to get the numbers for the payroll in my office? Thank you, Mr. Manager, 'cause I finally got the numbers for the payroll in my office. And what I find out is that although I only have two employees, we're paying out of my budget several employees. This is only a budget with two employees. There's no reasons that I should, you know, be paying for two, three, four, five employees continuously every payroll. As a matter of fact, I wanted to receive the numbers for this payroll, the last one that was just issued. And I spoke to Ms. Gomez about it and she said we haven't posted it yet. And I actually -- I'm dying to receive it, and I'll tell you why. And I shouldn't -- I actually don't want to show this until I receive that because the truth of the matter is, I want to see what's posted. I don't want the adjustments now. On top of paying for several employees and so forth, it's a check delivered for an employee to my office that hasn't been working with the City since November, so I want to see what's been posted, which is hitting my account. And again, if this is just in one office with two employees, I'm concerned about the whole City ofMiami as a whole. Mayor Regalado: I think that the Manager wants to say something. I know that Larry has something to say, butt had to tell you that same thing happened to us in our office. We were charged the payout check that former Mayor was going to receive and was not authorized by $200, 000. When we saw that, we really wanted to know what was going on. So I understand and -- I understand, and I just wanted to -- Mr. Vice Chairman, before the Manager and all, just want to make a comment. As to the same conditions going on in 2010, I can tell you that that is not the case because there have been some changes in departments. Tomorrow, on the State of the City, I'm going to report to you that the new chief of Police, while increasing services, have been able to reduce $2 million in overtime, so that's a savings that he's doing in the department. But yes, the past Administration in the Police and Fire and Parks were not fine. Vice Chair Carollo: And Mr. Mayor -- Mr. Chairman, ifI may? Chair Sarnoff No. Please, continue. Vice Chair Carollo: And again, Mr. Mayor, I know how hard you are working. This is not saying that we're not working hard, that we're not working together. However, just like you had those issues with your payroll, it's time that not only I, that we all speak up. I mean, it's really time that we all speak up so we put a stop to this. And I, for one, you know, I'm moving forward. I know I've been quite vocal, but this has to stop. And yes, maybe that occurred in the Police Department -- and you know what? It should be commended. But at the same time, I don't know about it because I haven't received the financial statements. So, you know, the last financial statements I think were -- and yes, they're not the financial statements. They're, you know, the month to actuals and so forth -- from December, so that wouldn't be reflected now and I wouldn't be able to see it. Mr. Migoya: Mr. Chairman. Chair Sarnoff Go ahead. You're recognized, Mr. City Manager. Mr. Migoya: I've been holding my breath here because I wanted to make sure that Commissioner Carollo got everything out, and we've had discussions about these issues. He City ofMiami Page 38 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 brings out a lot of great points. As far as accountability, I think the Mayor did a great job. Whatl wanted to be specific was, as Larry was talking about the fact that both Fire and Police were over by $21 million in 2009, you could say there's no accountability, but we have two new chiefs and this year's expenditures are projected to be down by $22 million, $11 million each in both of those departments for the 2010. So there is a lot of good things that are happening. There is starting to be accountability on a lot of these things. You're right, you haven't been receiving the updates. Our promise was and is -- and you'll see here, if you give us a few minutes to go through the 2009 -- that we will be providing you today the February numbers, and every month thereafter you will see on the second Commission meeting, as we promised, the numbers for the previous month and the projected numbers for the year as it relates to that -- those numbers, and that's the next issue we'll be dealing with. There's an awful lot of things that we need to be doing. And what I'd like to do is, at the end, once we present the 2010, I'll fry to work through some of these issues and the controls and accountabilities that we're creating. The budget has always been if their -- if the department is over budget, it's been getting the approval of the Manager for those creations over budget. The issues as it related to 2009, even though I wasn't here, butt was understood that there was understanding that we were over budget since April of last year and conditions continued. I'm not going to say that they didn't take action, but they continued. And that's the reason why we had the $21 million over budget in those two departments. It's not that they were spending more money in 2009 than they did in 2008. As Larry explained, I think it's important that we reiterate the point that they spent exactly the same number in 2008 as they did in 2009. From a budget prospective, they were expected to drop $21 million and they did not. In the case of Parks, it was different. There was an additional four and a half million dollars for the previous issues that Larry mentioned. Going back to Commissioner Suarez's comment for a second, which is important, the $20 million difference in the project expenditures is not that we moved the transfers. It was that we allowed to continue to spend money on those projects and therefore found a deficit because we no longer had cash against those accounts. So, yes, we had a $25 million loss that we kind of knew about it -- actually, it was originally like 27 or 28, Larry -- it got dropped to 25. The $20 million was the thing that we just found out two or three weeks ago, which is the action we talked about. I'd rather not continue to talk about it. The only thing here that is not an exact expenditures [sic] was the fact that with all the questions around this $20 million and everything else, I made a decision that whether or not it's legal or illegal -- everybody on the Administration has said that they were correct -- I made the decision of reinstating the $8 million back into the impact fee accounts so there'd be no further questions around that. So we -- and frankly, what I'm trying to do is look at the past history as learnings and not as continuing to talk about it because we can only use the learnings to move forward. There's an awful lot of things that need to do. Larry, I think, did a pretty good job of talking about a lot of the controls that we're putting in place to make sure that we stop these things. We've also hired KPMG (Klynveld, Peat, Marwick, Goerdeler) to be an additional independent auditor to go through those projects and make sure that everything is accurate on those projects, so we will have 100 percent certainty not only from our people, our auditors, but a third independent forensic accountant that will go through those issues as well. So we got a lot of work ahead of us. And we'll talk about 2010 in a second, but I just wanted to address those issues as -- and -- that we had -- that you brought up, which I think they're all valid issues. But wanted to tell you where we are as of today. We have been doing a few things. And even though you try to beat me in the mornings at 8 o'clock in the morning, sometimes I get here before you, but -- thank you. Chair Sarnoff All right, Commissioner Gort. I don't really know where to begin because I feel like -- well, the first thing I want to say is I think in the history ofMiami-Dade County and the City ofMiami, it has never experienced contraction. I think since the City has been born and I think since Miami -Dade County, all we've ever known is expansion. Nobody has ever had to contract their budgets. And I think we all know now budgets will contract. Ironically, correct me if I'm wrong, Mr. Manager, from the revenue side in 2009 was actually better than your projection, so you took in more money than you anticipated taking in. What you failed to do was stop expending money. I'm wrong? I have revenues at -- intergovernmental revenues offset your City ofMiami Page 39 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 projected losses, permit fees, and you had a $3.8 million -- Mr. Spring: Net loss actually. Chair Sarnoff That's not the way it reads in the memo. Mr. Spring: Yes, it does. The last sentence. The overall net unfavorable result in revenues compared to the original adopted budget was 3.8 million or .8 percent, so we were within less than 1 percent of the adopted budget, which is still, on its face, a good result. Mr. Migoya: Mr. Chair? Chair Sarnoff Yeah. Mr. Migoya: Not to correct you -- your point is still an accurate one. We were off $3.8 million, which, on this number, is not a big deal. The fact is that the overall was that we had much higher expenses than what were budgeted for. So even though it was slightly -- it was a negative on the revenue, it was not that big of a deficit. It was only $3.8 million off. Chair Sarnoff Fair enough. But the main point is, 80 percent of the City ofMiami's expenditures is labor. Fair statement? And everything that we're talking about is our failure to limit our labor costs, correct? Mr. Spring: Yes. Chair Sarnoff And cities like Atlanta had been looking at this for the past five years. You know what they've been doing, Mr. Spring? Mr. Spring: They've been laying people off. Chair Sarnoff Correct. There's two ways you come within budget. One, you shrink your labor pool, or two, you reduce your labor costs. You know another way? Mr. Spring: None that I've seen in 38 years. Chair Sarnoff Okay. Mr. Manager, you're from the private sector, just in case I get this wrong. I'm from the private sector as well. There's only two ways to control costs when 80 percent of that is labor. One is to reduce your labor pool, or two is to reduce the cost of the labor. Mr. Migoya: Correct. Chair Sarnoff Is there another magic way of doing it? Mr. Spring: Nope. Chair Sarnoff So the City projects that it was going to have this great labor reduction, presents it to a Commission of which the man -- the Mayor sat to my right and we thought to ourselves -- I don't know if we thought amazing, but we thought Police and Fire have found a way to manage almost $21 million of savings. And throughout the year -- I don't know if the Mayor heard this as a Commissioner; I did -- we were hearing that as a result of Fire's inability to hire a new class, overtime was being expended. Now, if Commissioners are hearing that, how is it the Administration couldn't have known that? And the Fire would come to us and they would say, if you hire this class, you'll have less overtime. And then we got into an issue -- and this is the famous 2 or 3,000 people that showed up to City Hall, at MRC (Miami Riverside Center), and it got into, as usual, City ofMiami, everybody blaming one person for another reason. We could City ofMiami Page 40 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 hire them, we couldn't hire them. We threw out the class. The bottom line is that government acts like a snail and it spends like a goat, and -- I mean, what are we going to do to implement different strategies? Because until you get labor under control, everything else is gravy. The beef here is labor. Either you reduce your labor, as Atlanta has done, or you reduce your labor costs. Your revenue sides are not going to change. I doubt very -- I really do doubt this Commission is going to consider an increase in the millage rate. I mean, I don't -- we'll find that out soon enough, but I just doubt. I mean, it reminds me of Jackson Hospital. Jackson Hospital wants a loan, but it does not want to stop the bleeding. It doesn't want to stop the deficit. It just wants to take a loan. I think any citizen would support any governmental entity, Jackson, City of Miami, the County -- and by the way, the County's in no better fiscal shape than we're in, but they just like to cover it up for a lot longer, and they'll cover it up 'til August, and then they'll talk about it, and then they'll wait six months to do something about it and spend 45 million additional dollars because they didn't have the intestinal fortitude to do what they should have done. I think any citizen would support any governmental entity that demonstrated the bleeding has stopped, that the boat has stopped taking on water and you're no longer bailing. And until you bring us to that means and manner, I don't see any citizen supporting this government. Now, I know you've made some changes. I know the Police are doing well. I don't know where the other public safety issues are, and I don't know where you are on other issues. We have some stimulus money coming into the City this year, and I think that's the last year of stimulus money, so you have a non -recurring revenue source for your last year that will help support parks. Unless I'm wrong, Larry, I believe -- Mr. Spring: I think you got one more year -- Chair Sarnoff Correct Mr. Spring: -- after this year. Chair Sarnoff After this year? Mr. Spring: Yeah. Chair Sarnoff Okay. The point being, it isn't going to be there forever. Mr. Spring: Nope. Chair Sarnoff And until this City understands math, two plus two equals four, and it doesn't equal five. I mean, we're going to go to an $11 million reserve -- or potentially, we're going to go to an $11 million reserve. And I'm going to ask the City Attorney how does Florida Statute 218 interact with that? Julie O. Bru (City Attorney): Mr. Chair, there would be, I believe, a reason to believe that we would be facing a financial emergency and we would have to notify the Governor. At a point in time where we -- that there are factors that are cited in the statute, inability to make payroll, inability to make pension payments, failure to pay debts when they're due, and at that point, if you reasonably believe that you're going to be in that situation, you have to notify the Governor. Chair Sarnoff Well -- and whose duty is that to do that? Ms. Bru: It would be the duty of the chief executive officer. Chair Sarnoff That'd be the City Manager? Ms. Bru: Correct, chief administrative officer. City ofMiami Page 41 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff I mean, if you're projected to go to an $11 million reserve -- We're about to do the Wellman settlement. That's going to bring us down -- I think that's part of your 11 million issue. There are two more lawsuits out there that are big lawsuits. If they resolve themselves this year, you could exhaust the reserve. At what point in time are you going to go and say we're in a financial crisis? It's rhetorical; you don't have to answer. You don't look like you're going to anyways, but -- but I mean, the point is, this City essentially no longer has reserves. And you know, I sort of congratulate the Vice Chair because we just don't get the information. We get sold a perspective, maybe not from this Administration, but for years and years we were sold a perspective. And with all due respect, Larry, the only time I learned that it was a perspective was in the Marlins Stadium deal, when the numbers were as cooked as I've ever seen in my life, and it was the first time I -- and I understand. I'm not questioning your integrity, but the numbers just didn't pan out as everybody said they would. And for the first time, I realized your projections -- or that Administration's projections were just that, projections to demonstrate a different city than we were living within. And how anybody that works here full time could not know what we were doing is just beyond the pale of wisdom. I can't help but feel like I'm sucker punched, you know, I'm part of an older Commission that sat here and was sold a bill of goods. And I could say a lot of -- some more things, but until there's a reality check here and that reality check is that it's labor -- and if we don't get our labor costs in line, you could stop buying all the police cars you want. You could buy two or three less ambulances. You could buy four or five less bollards. You're talking about nickels and dimes when you have got to -- you've got to really save real dollars. And I think you all should think long and hard about -- I think it's time for us to consider a financial emergency. All right. Anybody else have any further --? 'Cause we have not had a motion or a second on this. So do I have a motion? Vice Chair Carollo: A motion for the 2009 adjustments given to us by the City Manager? Chair Sarnoff Yes. Vice Chair Carollo: So move. Chair Sarnoff Motion by the Vice Chair -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Gort [sic]. Any further discussion, gentlemen? Ms. Thompson: IfI might, Chair. I think Mr. Spring has a statement to make. Mr. Spring: Oh, there was a substitute item. I think when the original packet went out, it had X's and O's in the numbers, but I think on Friday the actual legislation was passed out just after the agenda, so all the numbers are there. So it's a substituted item. Chair Sarnoff All right. Ms. Thompson: Thank you. Chair Sarnoff Motioner and seconder. It's a substitution. Everybody have it in front of them? Commissioner Gort: Yeah. Chair Sarnoff Everybody accepting -- mover accepting the substitution? Vice Chair Carollo: Yes. Chair Sarnoff Seconder accepting the substitution? City ofMiami Page 42 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Dunn: Yes. Chair Sarnoff Any further discussion, gentlemen, on RE.11 ? Vice Chair Carollo: Yes. As a matter of fact, hold on. Mr. Springs [sic]? Mr. Spring: Yes, sir. Vice Chair Carollo: Have the auditors seen the substituted numbers or --? Mr. Spring: Yeah. It's -- when we went to -- as we were going to print, we did not have the final numbers yet, so what you saw was just the place holder. So, yes, the auditors have the substitution that you have. Vice Chair Carollo: Thank you. No further questions. Chair Sarnoff All right. Gentlemen, all in favor, please say "aye. " The Commission (Collectively): Aye. Mayor Regalado: Mr. Chairman. Chair Sarnoff You're recognized, Mr. Mayor. Mayor Regalado: Thank you. And I think it's important that you all said what you said. I don't think that we'll still have the need now to declare an emergency, but it is something that needs to be considered and needs to be -- understand the consequences that we have. DISCUSSION ITEM DI.1 10-00265 DISCUSSION ITEM Office of Strategic A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY Planning, 2010 BUDGET. Budgeting, and Performance 10-00265 Summary Form.pdf 10-00265-Submittal-City of Miami Monthly Financial Statement.pdf 10-00265-Submittal-City of Miami 3 Year Actual Comparison.pdf DISCUSSED Mayor Tomas Regalado: I can tell you that on 2010 budget on the February projections, there - - as you know, mentioned the $28 million deficit, and you very well said that this lawsuit and some comments could impact the fund to a level that then we need to act. Butl can tell you that on the 2010, we're taking steps because most of the things that you and I as Commissioner [sic] approved were not implemented for several month [sic], and that is the main problem that we have. I can tell you a specific case. The Little Haiti Cultural Center is under Parks, but yet, the person running the park is -- was being paid by NET (Neighborhood Enhancement Team), and that was depleting NET budget that we all fought so hard for it. And that's one of the things of the past. On the payroll issue, the Administration has taken some steps, and I believe that the person was dismissed on the payroll. But will ask the City Manager to talk about the 2010, what we are doing because I -- you do deserve to understand what we're doing, what we're trying to do on the 2010 budget. Personally, I think that we need to do more than we have done, but some steps have been taken. If you allow the Manager, Mr. Chairman, to make some City ofMiami Page 43 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 comments on the 2010. Chair Sarnoff You're recognized for the record, Mr. Manager. Carlos A. Migoya (City Manager): Thank you, Mr. Chairman, Mayor. We just passed a three-year trend of the actual expenses. One of the problems with the way we look at things -- and I'm probably a little too analytical sometimes -- but it's that we look at budget versus actual and not necessarily actual to actual. So one of the things I asked -- and I think you have -- before you look at the 2010 projections, we send a three-year of the actuals for the last three years, 2008, 2009, and the projected 2010. You will see there that even though in the 2008-2009 there was a slight drop in revenues, we've already beat up on what they look like and the expenses did not really go down to -- in relation to what needed to be done, and that was part of the reason for the $25 million deficit. What's interesting about 2010 is we do have a variance -- revenues are definitely starting to drop. The projected revenues is to drop by 5 percent, which is $24 million, so that's a big difference that's starting to do. And I think as we go into probably into 2011, it'll be even bigger than that 'cause here on revenues, the property taxes are only down 6percent, and that's -- the reason why it's only down 6percent because we still had about $3 billion worth of buildings that were coming into the 2010 numbers for the first time that actually improved. But, in fact, property taxes, not including new developments, was down by 16 percent. So imagine what those numbers would have looked like if we hadn't had those new developments. And frankly, that's a little bit of what's to come in 2011, which we'll discuss some time in the future. But going back to what previously said, if you look at all the different departments, we do have reduction of expenses on a year-to-year basis in every one of them. And you can see under public safety, there's a $24 million drop in expenses from the previous year. So even though we beat up what happened to them in 2009, I think the two chiefs have done a really good job of controlling their expenses and brought down each one of them by $12 million, and I think they ought to be commended by that. If you see, the big expenditure increases here are two. One is Risk Management, which includes the settlement of something that we're projecting that you will be addressing today. But obviously, there's an awful lot of expenses on Risk Management that we need to continue to look at and see exactly what we're doing, which I'll talk about in a few minutes. And the other is the increase of the pension money by $23 million from last year's expense to the $90 million. So the two big expenditures here are 23 and $8 million, which is frankly -- ifyou look at the expenditures overall, they're -- they've -- they have dropped by $17 million in spite of having $31 million increases in those two line items. If those two would have been under control -- but then again, like they would say in Cuba, if my grandmother had wheels, she'd be a bicycle and she's not -- we would have had a $50 million drop in expenditures and not a 17. But -- so one of the things that, as I said to you previously, I wanted to make sure we understood is that the departments are starting to have better controls. Is this enough? It is not enough. But you're starting to see the trends as to what those numbers look like and starting to see that we are having better confrol on the expenditures that we had in the past. We need to confrol it further, but thought that this was -- be important as a way for you to see of what is currently happening in 2010 that had not happened in previous years. Having said that, if you go to the projections for 2010, Mr. Vice Chairman Carollo, you will see that you do have the February expenses and P&Ls (Profits and Losses) for February. And hopefully going forward, you'll have them on a regular basis. But you see here what I previously said. Now we're going back to -- actual to budget. And you'll see here that revenues are down $11 million from the projected numbers for the -- from -- We had budgeted 459. We're projecting those numbers to be at 447 before the transfers. Then if you include the others, the public service taxes and the local option gas taxes and so forth, the deficit goes even further to $18.6 million. Beyond that number, again, the same issue, the biggest variances go down -- you will see under Parks and Risk Management, Parks is over budget, in spite of the changes and improvements that we did, by $2.8 million. Part of that is the previous budget did not allow Parks for any money for the summer programs. We have incorporated, although a reduced number from what we had, some summer programs into the parks and so at least we maintain the service levels that are necessary to maintain the summer programs in the parks that we have. City ofMiami Page 44 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 The other piece that we have there, as I previously mentioned, is Risk Management is up by five and a half million dollars over budget. So therefore, the over budget number that we're showing projected at this point in time is to be $28.3 million as of this time. Now, having said that, the Mayor, in his previous statement, said it very accurately. What we're doing here is showing if we did nothing from today 'til the end of the year, we will have a deficit of $28.3 million. We are working on several things that we will at least see five to maybe more million dollars in improvements. So this number, we are working today on getting this number down and we will continue to work everyday, and obviously, the earlier we take action, the fast -- the more dollars we will get because we still have, you know, basically six months left to be able to act on some of these things, which is why we have stopped procurement, which is why we -- we're looking at all the projects, which is why we continue to look at every expense item that we have to figure out exactly where we're going. And those are the issues. As of today, we have a deficit of $28.3 million going into the end of the year. We hope to be able to reduce that number, and we will have more accurate information as to -- we deal with this over the next 30, 60 days. The fact that we do have a temporary budget director in Larry Springs [sic] and your comment, again, Mr. Vice Chairman, is very duly noted. And I'm working very heavily and quickly to fry to find somebody because I agree with you that we should not have both responsibilities under the same individual. And frankly, one of the concerns I have about giving too much responsibility to any one person, the more work you give to the one person, the higher the likelihood of making mistakes. And Larry and I have had that discussion many times. I don't want to overwork any individual and put too much responsibility 'cause we end up having problems with that. So -- and we will continue to work on finding a budget director. We don't have anybody in-house that's qualified to do that job, which is why I was forced to have to put 'em both under Larry, since he was previously budget director. But as we go into the April 22, I guess it will be, we will be able to give you more updates. As we have -- by then, we'll have the March numbers and we'll have more indications as to the performance, what that looks like. The other thing that we will know in April will be -- that could be a positive is -- one of the issues we have is the appeals of the 2008 assessed values, that we will be collecting that in April. And we hope we will have a positive variance on revenue collections from that. And the other thing that we had variances that's actually been helping us is delinquency collections this year has also helped us on the revenues. So we may have positive issues there, but we don't -- we're -- at this point we're just hoping and praying, and hopefully, the right gods will listen to us. But the bottom line is, we will know more about this information when we meet in April -- in the April 22 number. So, yes, at this point, the number is that we're projecting the reserves to be $11 million. We're hoping that that number will be higher than that as we continue to work on these things. The other thing that we will know more about what happens with the reserves as we continue to work on expenses is we will start contract negotiations with three of the four unions, so we will understand what the impact not only to 2010 -- because, obviously, that'll have an impact on 2011 to see how we can continue to work. One of the things that we will have for you, I hope in the next month, will be a very 30, 000 foot level projection of what 2011 will look like if we don't do anything. Again, the conservative approach there. And then if we start working -- so we will have what the hole is and then how we fill that hole will be kind of the actions that we will talk about. And the other thing that we would like to have over the next 45 days or so is be able to give you ideas that we're working on, not just on filling these holes, but how do we replenish the reserve. And not only replenish the reserve, but make sure that we have enough strategies in place that we don't have to continue to hit the reserve every year like we've been doing for the last four years. I think that covers my piece of it. I'm willing to answer any questions that you may have. Chair Sarnoff Mr. Mayor, is there any way that we could get the finance oversight that we've talked about forming and -- Mayor Regalado: Yes, sir. Chair Sarnoff -- getting them the information? City ofMiami Page 45 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mayor Regalado: Now that we have the numbers for '09 and that we have at least a projection, I believe that it's time to convene the committee. I can work with your office to have the meeting and have City officials ready to discuss this issue. We can do it as early as the first three days of next week, if that is the case, because I understand the Manager will be out three days on next week. So -- and -- but, yes, I think it's time that we have that meeting and we're ready. Now we're ready to bring in -- and we -- we'll bring all the information requested in the original e-mail. Chair Sarnoff Yeah. The only thing I ask is that they be provided the information now. I think there's enough information to give them now. And what -- by now I mean by the end of this week. We'll call a meeting. I think it's essential that the City Manager be there, so we'll call a meeting when he's available. I'll make myself available, and I know you'll be there as well. Mayor Regalado: I'll be there. Mr. Migoya: Mr. Chair, Mr. Mayor. Chair Sarnoff Yes, sir. Mr. Migoya: I'm sorry. I should have addressed you only. I'm still learning. The budget committee has been given basically a paper storm of information, which I hope they have more patience than I do in going through that. But I think the Mayor is absolutely right. Now that we have the February numbers and projections, this is the time we need to -- for them to start working on these things, so the quicker they can look at this and start looking at the recommendations we have, the quicker we'll be able to get -- obviously, we need all the input we can get, so we were looking forward to it. And prior -- frankly, prior to this, it didn't make sense for them to have because it was not very dated -- it was all dated information. Right now we have up-to-date information they could work with. Chair Sarnoff Okay. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Can anyone participate in that meeting as far as other Commissioners? Mayor Regalado: Yes. Vice Chair Carollo: Would I be able to attend? Mayor Regalado: Yes. Chair Sarnoff That's the one where you -- that's the one that we formed -- Vice Chair Carollo: Right, but -- Mayor Regalado: Yes. Vice Chair Carollo: We formed members, but we never said if Commissioners could -- Mayor Regalado: As long as it's -- Chair Sarnoff Be advertised. City ofMiami Page 46 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mayor Regalado: -- noticed -- Chair Sarnoff Yeah. Mayor Regalado: -- and we will have the City Clerk -- yes, it would be Commissioners and -- Chair Sarnoff Let's make sure we advertise it. I think everybody -- it should be a workshop that I think every Commissioner, if they choose to, could come to. Mayor Regalado: And we can do it and even open for the public and the media. And on that, I will be bringing some ideas to the members of the Commission in that meeting that we can discuss and implement in terms of revenues for this year and also for next year. And I still have one item left, Mr. Chairman. Chair Sarnoff I think you have Flag -- don't you have Flagstone, I think? Vice Chair Carollo: Mr. Chairman. Mayor Regalado: Hopefully, it will not be bad news, but -- Chair Sarnoff Yes. Let's hear what the Vice Chair -- Vice Chair Carollo: Yeah. Before we move into Flagstone, I had a question. Mr. -- for the Manager. Mr. Manager, I'm not going to ask you when you had these documents, you know, when you had the final numbers, but I'm just going to say for the future, is it possible for us to obtain the information ahead of time, ahead of the meeting so we're all on a level playing field and maybe I could analyze it and the other Commissioners could analyze the information beforehand in case we have questions then? Mr. Migoya: Mr. Chair. Chair Sarnoff Go ahead. Mr. Migoya: Through the Chair, I guess. Chair Sarnoff That's okay. You don't have to do that with me. You have colloquy all the time. Mr. Migoya: Okay. And I have to do it when the Vice Chair chairs the meeting. I know he's a little more formal about these things. You're absolutely right. Frankly, because of the change in budget director, we had Larry working with the entire Budget Department literally through the weekend to get all these things done. And we're feeling about -- we're about 85 percent comfortable with these things, which is why I'm saying that we're going through the conservative numbers. But we -- this is the first month we actually closed the month on time and worked through the budget, so I think we should start getting better as it goes along, so we will -- we'll continue -- and we appreciate your patience in how you dealt with it this month. We should be able to get it better. But if you allow me one more second. You know, I just want to make an editorial comment here. I look at today as a great day. For the first time we have all the information in front of us, exactly where we are financially, and with this information we can start working on what we need to do for the future. I frankly think that with the Mayor, with the Commission, and the Administration, and all our employees, we have the right people that are ready for the task and the challenge to get this work. I hope we don't have to go to the extremes as we go forward, and we got an awful lot of action ahead of us, but, you know, we've implemented a lot of controls and we're in the process of implementing further controls. We're going department by department and going through the expenditures that we have, and frankly, I think we'll have a good handle, and over the next 30, 60 days, hopefully, we will all see what the City ofMiami Page 47 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 actions are and have been to stop the hemorrhaging that we've had up to now and we'll be able to get ourselves into a more normal environment. And this is -- like you said, it's not a normal environment. When you're down $25 million of revenue, this has not ever been seen before, and that's why you can't live with whatever budget you have because nobody predicted what the revenue drops were going to be like, so thank you. Chair Sarnoff Mr. Mayor, I did promise the Wellman folks an 11 o'clock time certain. I don't know that that's going to be a long debate. Can we just -- do you mind if we just take it up right now? Mayor Regalado: Absolutely. Chair Sarnoff I'll bring Flagstone right up. PART B: PLANNING AND ZONING ITEMS Chair Sarnoff All right. IfI want to announce the changes to the Planning and Zoning, Madam Clerk, is this an appropriate time to do it? Priscilla A. Thompson (City Clerk): Yes. Any time after 10, if you want to ahead and open up your Planning and Zoning portion. And ifI might ask, Chair, ifI could make that announcement regarding the interpreter to save some budget dollars. Chair Sarnoff Please. Ms. Thompson: Ladies and gentlemen, if you are here to speak on a Planning and Zoning item or any other item on the agenda today, if you need an interpreter, can you please let me know? The interpreter will say it in Spanish. But if you need an interpreter, can you please identify yourself? The City Clerk's comments were translated by Spanish interpreter Paul Seligmann. Chair Sarnoff Thank you. Ms. Thompson: Thank you. Chair Sarnoff All right. So in order to announce the changes to the P&Z (Planning & Zoning), do we need to open up the P&Z agenda? Ms. Thompson: The City Attorney normally reads a statement and then we'll go ahead -- Chair Sarnoff Madam City Attorney, you're recognized. Maria J. Chiaro (Deputy City Attorney): The items presented for the P&Z agenda will proceed as follows: Anyone wishing to speak on any item will be sworn by the City Clerk. The item will be presented by the Adminisfration. Any appellant items will proceed with the appellant making a presentation and the responses by any individuals, and then the public hearings will be held. Time for rebuttal may be allowed. The City Clerk must swear in anyone who wishes to speak before we start. Chair Sarnoff All right. So my understanding, Mr. Manager, through the Adminisfration, is thatPZ.3 will be continued to the next Planning and Zoning agenda, PZ.5 will be continued to the next Planning and Zoning agenda. Bill Anido (Assistant City Manager & Interim Public Works Director): Yes. City ofMiami Page 48 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff PZ.23 and 24 will be continued to the next --April 8 hearing --April 8 Commission. Mr. Anido: That's correct, yes. Chair Sarnoff All right. Can I get a motion? Commissioner Suarez: So moved. Chair Sarnoff We have a motion -- Commissioner Gort: Second. Chair Sarnoff -- by Commissioner Suarez, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, here's what we're going to do, gentlemen. I'm going to try to do this thematically. Let's take all of the P&Z Miami 21 issues. My understanding, and somebody can correct me if I'm wrong, that starts at PZ. 8. Mr. Anido: Mr. Chairman -- Chair Sarnoff Yes. Mr. Anido: -- the applicant on PZ.5 -- Ms. Thompson: Excuse me, Chair. Chair Sarnoff Yes, ma'am. Ms. Thompson: We need to go ahead and swear in our individuals. Chair Sarnoff Okay. Madam City Attorney. Ms. Thompson: Actually, I'll handle that for you. Chair Sarnoff Oh, I'm sorry, Madam Clerk. Ms. Thompson: Ladies and gentlemen, if you're going to speak or testify on any P&Z item, I need you to please stand and raise your right hand so that I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sarnoff All right. Now, you had something? Mr. Anido: Mr. Chairman on PZ.5 the applicant would like to postpone this to the May 22 [sic] Commission meeting to have additional time to meet with the neighbors. Chair Sarnoff Okay. City ofMiami Page 49 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Suarez: So moved. Chair Sarnoff I think there's one other, PZ.15. As long as we're getting a motion on -- let's do it once. Mr. Anido: PZ.15 should be continued also. Chair Sarnoff To the next available P&Z agenda? Mr. Anido: P&Z agenda. Chair Sarnoff All right, is there a motion? Commissioner Suarez: So move. Chair Sarnoff Go ahead. Ms. Thompson: I'm sorry. Because I want to make sure that I'm clear on this, PZ.5 is going to be continued until the -- Chair Sarnoff May 22. Ms. Thompson: Oh, May 27? Chair Sarnoff May 22, two two. May 22. Ms. Thompson: We don't have a meeting on May 22. Mr. Anido: Well -- Chair Sarnoff Well, gee, Bill, I want to thank you for that. Mr. Anido: -- the next P&Z meeting in May. Ms. Thompson: Okay, that's April -- Chair Sarnoff The second -- yeah. The first -- I guess it's the P&Z meeting in May. Ms. Thompson: Okay. That's April 22, all right. And PZ -- Mr. Anido: No, no, no, no, no. Chair Sarnoff No, no, no, no, no. May he wants. Mr. Anido: In May. Ms. Thompson: I'm sorry. Thank you. May 27. Chair Sarnoff Seventh. Mr. Anido: Okay. Ms. Thompson: Thank you. May 27. And then PZ.15? City ofMiami Page 50 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Is -- would be at the next regularly scheduled P&Z agenda. Mr. Anido: Right. Ms. Thompson: April 22. Chair Sarnoff April 22. All right, we have -- Ms. Thompson: Thank you. Chair Sarnoff -- a motion. And do we have a second? Commissioner Suarez: Yes. So moved. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. "[Later...]" Chair Sarnoff PZ.20. Ana Gelabert-Sanchez (Director, Planning): Twenty has been pulled. Chair Sarnoff Pulled -- I'm sor -- Ms. Thompson: No, no. I'm sorry. Chair Sarnoff I don't have that as pulled. Ms. Thompson: I don't either. Ms. Gelabert-Sanchez: I think we have a list here that the City Manager has -- Chair Sarnoff Do you wish that to be withdrawn -- Ms. Gelabert-Sanchez: -- to clarify or maybe we can -- Chair Sarnoff -- continued? Ms. Gelabert-Sanchez: We heard it at the PAB (Planning Advisory Board), and the PAB asked - - deferred it back to April 7, so we need to take it back to PAB, so that's why it's not in front of you. Mr. Anido: Mr. Chairman. Chair Sarnoff Go ahead. Mr. Anido: At this point, I think it may be better if we went through the continued items and their dates. PZ.3, Planning Department would like to continue that to April 22. PZ.3, April -- Chair Sarnoff Okay. Now you're going back to the very -- Mr. Anido: I have to apologize. I know. City ofMiami Page 51 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff You guys want to team up there or something and get this --? Mr. Anido: Again, I have to apologize. Chair Sarnoff All right, so PZ (Planning & Zoning) -- so the motion we would need is PZ.3 to what date? Mr. Anido: April 22. Chair Sarnoff Okay. What else would you like? Mr. Anido: PZ.5, May 27. Chair Sarnoff Twenty-seven, right? Mr. Anido: PZ.14, April 8; PZ.15, April 22; PZ.23, April 8; and PZ.24, April 8. Chair Sarnoff All right. Is there a motion to change the aforementioned PZ items to the dates mentioned by the City Manager and to correct the record before this tribunal in accordance with the later understanding? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff There's a motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. "[Later...]" Chair Sarnoff All right, gentlemen --I know everybody wants to go -- what I'm going to do --I think we've gone through the entire PZ (Planning & Zoning) agenda. Ms. Thompson: No, sir. Chair Sarnoff What's left on PZ? Ms. Thompson: I have, according to my records, PZ.4 -- Chair Sarnoff Right. Ms. Thompson: -- PZ.6, and that would be it. Commissioner Dunn: Oh, PZ.4 and 6? Chair Sarnoff PZ.4 is going to take quite a bit of time, and I want to start -- Commissioner Dunn: Mr. Chair? Chair Sarnoff Yes. Commissioner Dunn: Oh, I'm sorry. I'm looking at the wrong thing. I'm sorry. Go ahead. City ofMiami Page 52 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff What I'd -- I want to get -- I want to make sure the CRA (Community Redevelopment Agency) starts reasonably close to time, and then I think that's going to require many on this dais to go to an event that they want to go to. PZ.1 09-01300Iu 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 PROPERTIES LOCATED AT APPROXIMATELY 3500, 3524, 3550, 3590, 3592 SOUTHWEST 7TH STREET; 710 SOUTHWEST 35TH AVENUE AND 711 SOUTHWEST 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 SR 03-25-10 Fact Sheet.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 Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13149 City ofMiami Page 53 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Yes. You're recognized for the record. Commissioner Suarez: I have some members of my district that have been waiting here -- Chair Sarnoff What issue would you like to take up? Commissioner Suarez: It's PZ.1 and PZ.2, please. It's a second reading, I believe. Chair Sarnoff All right, let's go to PZ.1 and PZ.2. PZ.1, Planning Department. Commissioner Gort: Second reading. Chair Sarnoff Second reading. Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia with the Planning Department. Chair Sarnoff Page 17, gentlemen. Mr. Lavernia: PZ.1 and PZ.2 are companion items. It's the second reading of the Versailles Restaurant petition of land -use and zoning change. It was -- covenant was offered, and the Planning Department review the covenant and is in agreement with the terms. So we have no opposition. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: So moved. Commissioner Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. It's a public hearing. Any from the public wishing to be heard, please step up. You need to step on this one? Yeah. You sure? Don't give him a pension. Mariano Cruz: Mariano Cruz, 122726 Street. Oh, no, no, no. I like this because this -- that's the place I frequent often. I (UNINTELLIGIBLE) that (UNINTELLIGIBLE). Commissioner Gort: We can tell. Mr. Cruz: I belong to also to the (UNINTELLIGIBLE) at Versailles, so -- Commissioner Gort: We can see that. Mr. Cruz: Huh? Well, that's good. Anyway, they did it before. Before they -- he get some private property and convert it in parking lot and it was zoned after the fact, so now they doing it before -- Chair Sarnoff So you're in favor -- Mr. Cruz: -- which is good. Chair Sarnoff -- of PZ.1 ? Mr. Cruz: Sure. City ofMiami Page 54 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Okay. Mr. Cruz: And 2 too. Chair Sarnoff Anyone else in the public wishing to be heard on PZ.1? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Commissioner Suarez: Mr. Chairman -- Chair Sarnoff Any -- Commissioner Suarez: -- can we take both at the same time? Chair Sarnoff Excuse me? Commissioner Suarez: I think we can take PZ.1 and 2 at the same time because they're companion items. Chair Sarnoff Can they be done --? Well, we got to do them one at a time. They're ordinances. Maria J. Chiaro (Deputy City Attorney): The presentation is together, but the ordinances need to be read separately. Chair Sarnoff Separately. Commissioner Suarez: Sure. Chair Sarnoff So it's an ordinance, Madam City Attorney. 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 on PZ.1. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. PZ.2 09-01300zc ORDINANCE Second Reading 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, 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. City ofMiami Page 55 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 09-01 300zc Analysis - NEW.pdf 09-01 300zc Zoning Map.pdf 09-01 300zc Aerial Map.pdf 09-01 300zc Miami21 Map.pdf 09-01 300zc Letter of Intent.pdf 09-01 300zc Application & Supporting Docs.pdf 09-01 300zc Survey.pdf 09-01 300zc ZB Reso.pdf 09-01 300zc CC Legislation (Version 2).pdf 09-013001u & 09-01 300zc Exhibit A.pdf 09-01 300zc CC SR 03-25-10 Fact Sheet.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 has proffered a covenant for these properties. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo 13150 Chair Sarnoff PZ.2, do I have a motion? Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Anybody want to put anything on the record real quickly, like it is --? Ana Gelabert-Sanchez (Director, Planning Department): On the presentation, it was presented 1 and 2 -- City ofMiami Page 56 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Gotcha. Ms. Gelabert-Sanchez: -- and that we had read the covenant and we were okay with the covenant. Chair Sarnoff I gotcha. All right, public hearing is now opened on PZ.2. Public hearing is now closed, coming back to the Commission. Any discussion, gentlemen? Hearing none, it is an ordinance, Madam City Attorney. 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 on PZ.2. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. Chair Sarnoff All right. Gilberto Pastoriza: Thank you. Thank you, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. PZ.3 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 09-00800xApplication & 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 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 City ofMiami Page 57 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 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 Gort, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo PZ.4 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 04-08-10 Fact Sheet.pdf 09-00616za-Submittal-Outlook Media of South Florida, LLC Presentation.pdf 09-00616za-Submittal-Documents Related to Questions for Zoning Ad ministrator.pdf 09-00616za-Submittal-Bob De La Fuente's Presentation.pdf 09-00616za-Submittal-Outlook Media Lourdes Slazyk Cross -Examinations Questions. pc 09-00616za-Submittal-Outlook Media Pieter Bockweg Cross -Examination Questions.pol 09-00616za-Submittal-Appeals by Outlook Media.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. City ofMiami Page 58 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.4 was deferred to the Commission meeting currently scheduled for April8, 2010. Chair Sarnoff So what I'm going to do is I'm going to have the appeal heard 'cause -- is there any reason that this appeal could not be heard on April 8? And I'm speaking about PZ.4? Bill Anido (Assistant City Manager & Interim Public Works Director): No. No objection. Chair Sarnoff All right, so -- would someone make a motion -- Commissioner Dunn: So moved. Chair Sarnoff -- to have PZ.4 heard on April 8? Santiago Echemendia: Mr. Chair, ifI may? Commissioner Gort: Second. Mr. Echemendia: Just for the record, Santiago Echemendia, 1441. We're the appellant on that. We don't mind. We understand there's a lot of people here. There is an administrative hearing scheduled for April 15 in Tallahassee -- currently scheduled for April 15. The ALJ -- Chair Sarnoff How 'bout [sic] --? Mr. Echemendia: No. I know you're deferring to the 8th, but I just -- Chair Sarnoff But how 'bout [sic], I was going to be nice to you and give you a time certain? Mr. Echemendia: That's what I was going to request, 'cause Glen Smith, on behalf of CVS (Consumer Value Stores), has driven down all the way from Fort Lauderdale. Chair Sarnoff All right, I -- Mr. Echemendia: And we've been here all day, and we'd greatly appreciate that. Chair Sarnoff Why don'tI give you on PZ.4 -- is this going to take about an hour? Mr. Echemendia: Probably. An hour, hour and a half. Chair Sarnoff I thought the hour -- I was going to give you 11, but I'm always criticized for not getting these guys out at noon, although I shouldn't have been criticized today. Commissioner Gort: No. Chair Sarnoff Why don'tI have you time certain 2:30? Is that fair, 2:30? City ofMiami Page 59 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Echemendia: That sounds fine. Chair Sarnoff That'll give you 2 to 4, essentially 2:30 to 4. Mr. Echemendia: That sounds good. Greatly appreciated. Chair Sarnoff All right. So the motion would be by Commissioner Suarez -- Commissioner Suarez: Sure. Chair Sarnoff -- to have this heard on April 8 at 2:30. Is there a second? Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Thank you for your flexibility. Mr. Echemendia: Thank you. PZ.5 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 Excerpts 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 Nagger Email #2 Regarding Protest.pdf 08-00698ha Neil D. Kolner Letter.pdf 08-00698ha Regina Nagger 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 City ofMiami Page 60 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 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. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.5 was deferred to the Commission meeting currently scheduled for May 27, 2010. PZ.6 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 2nd Supplement to Appeal.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 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 City ofMiami Page 61 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 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 Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo A motion was made by Commissioner Dunn, seconded by Commissioner Suarez, and was passed unanimously, with Vice Chair Carollo absent, requesting that the Historic and Environmental Preservation (HEP) Board review the designs at their April 6, 2010 meeting and subsequently make a recommendation to the Commission for the appeal. Chair Sarnoff PZ.7 -- 6. Priscilla A. Thompson (City Clerk): 6. Chair Sarnoff Why don't we have that heard on April 8 as well, if that's all right? Very quick? What is very quick? Is very quick seven minutes or less? Commissioner Gort: They came to an agreement. I think they came to an agreement. Bob de la Fuente: It could be. Chair Sarnoff You have an agreement? Mr. De la Fuente: Kind of yes. Chair Sarnoff Oh, I hate kind ofs [sic]. Kind ofs [sic] take -- Mr. De la Fuente: Well, no. Let me explain. Ms. Thompson: Okay. Before -- Mr. De la Fuente: Bob de la Fuente. Ms. Thompson: I'm sorry, Chair. Chair Sarnoff Wait, wait, wait, wait. Here's what she's going to do. We're going to hear PZ.6 for a minute and a half (UNINTELLIGIBLE) convince me that we can go. And your name for the record, sir. Mr. De la Fuente: Bob de la Fuente, law offices at 1441 Brickell, on behalf of the appellant, Patra Liu. Pursuant to the Commission's direction from the February meeting, we did meet with the Spring Garden Civic Association Board. We had hoped to be able to present them with some design modifications that they would agree to, but their position is basically the same as it was at the last meeting, that they do not essentially believe that the HEP (Historic and Environmental Preservation) Board decision should ever be overturned by the Commission. And what they requested was that we agree to a remand to the HEP Board for the HEP Board to review the City ofMiami Page 62 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 design again. Obviously, we would still want to retain our appeal rights to come back here, if things don't go well for us. That's something that my client is amenable to. I won't speak for the Association since their representative is here, but that's how we understand the -- Chair Sarnoff Let me ask Madam City Attorney if what you're suggesting can be done. Maria J. Chiaro (Deputy City Attorney): You cannot remand it to the HEP Board. The HEP Board has already acted. They have rendered their decision. You can, however, ask the HEP Board to review the designs and consider the comments from the HEP Board when you act upon this appeal. But the HEP Board has already rendered its decision. Chair Sarnoff I gotcha. Ernie Martin: And all we're -- we're very close. All we're asking is to have an opportunity to meet with the HEP Board and get their guidance on a final plan. We're close. Chair Sarnoff So the motion -- Ms. Thompson: Excuse me, Chair. May I have a --? Chair Sarnoff They need -- you need to state your name for the record. Commissioner Gort: Name and address. Mr. Martin: Ernie Martin, from the Spring Garden Civic Association, 1000 North River Drive. Chair Sarnoff All right. So here's whatl think the motion needs to say. The motion should be asking the HEP Board to make a recommendation to this Commission for the appeal. Is there such a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn, second by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Mr. De la Fuente: Mr. Chair, I would ask if you could ask that the HEP Board consider us at its April 6 meeting? Chair Sarnoff At the April 6 meeting, gentlemen. Ellen Uguccioni (Preservation Officer, Planning Department): Sir, it cannot happen. We have to publicly notice and that advertisement went out yesterday. Mr. De la Fuente: Could I ask the City Attorney, does it have to be noticed since this is not your run-of-the-mill HEP Board application? Ms. Chiaro: The HEP Board will only be providing comments -- Mr. De la Fuente: Right. Ms. Chiaro: -- and they will not be considering an appeal. They will be considering renewed designs. It does not have to be publicly noticed. City ofMiami Page 63 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff To be heard at the HEP Board on April 6. Does the maker accept that? Maker accepts, second accepts. Commissioner Suarez: Second accepts. Chair Sarnoff All right, gentlemen, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Now, we have a -- need to do a motion to -- correct me if I'm wrong, Madam Clerk. Now we need a motion to continue this to the -- you're hearing it on April 6. April 8 -- you want to get back on the April 8 agenda? Commissioner Dunn: Twenty-second, Mr. Chair? Commissioner Gort: Twenty-seven. Chair Sarnoff No. Commissioner Dunn: Twenty-second? Chair Sarnoff April 22, all right. Commissioner Dunn: Twenty-second, yes, sir. Chair Sarnoff So we need a motion to -- Commissioner Suarez: So moved. Chair Sarnoff -- continue this for the April 22 agenda. Ms. Thompson: Excuse me, Chair. I'm sorry. I'm sorry. Your first motion, am I correct, that you made a motion to have this heard at the -- or remanded to the HEP Board on 4/6? Chair Sarnoff No. What we did was -- Ms. Thompson: Thank you. Chair Sarnoff -- we moved to recommend that the HEP Board hear this and provide recommendations to us. Ms. Thompson: Right. Okay. Chair Sarnoff Then I would think I would need a motion to continue this -- Commissioner Dunn: To the -- Chair Sarnoff -- for the April -- Commissioner Dunn: Twenty-second. Chair Sarnoff -- 22 agenda. And we have Commissioner Dunn making that motion. We have Commissioner Suarez seconding that motion. Any discussion, gentlemen? All in favor, please say "aye." City ofMiami Page 64 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 The Commission (Collectively): Aye. Chair Sarnoff Okay. Mr. De la Fuente: Thank you. PZ.7 10-00183Iu 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 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-001831u Analysis.pdf 10-001831u Land Use Map.pdf 10-001831u Aerial Map.pdf 10-001831u PAB Reso.pdf 10-001831u CC Legislation (Version 2).pdf 10-001831u Exhibit A.pdf LOCATION: Approximately 1600 NW 3rd Avenue [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. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. See related File ID 10-00185zc. PURPOSE: This will change the above property to "Restricted Commercial". Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right, so we can start now with PZ.8, and we should be able to run through the Miami 21 issues. Bill Anido (Assistant City Manager & Interim Public Works Director): PZ.7. Harold Ruck (Planner II, Planning Department): This will be PZ.7. Chair Sarnoff Is that a --? City ofMiami Page 65 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Ruck: This is Miami 21-related, but this is -- Chair Sarnoff I didn't know. Okay. Mr. Ruck: -- a land use. Chair Sarnoff I wasn't aware. Mr. Ruck: Okay. Harold Ruck, with the Planning Department. This is an ordinance of the Miami Commission amending the Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land -use designation of the real property located approximately at 1600 Northwest 3rdAvenue from major institutional, public facilities, transportation, utilities to restricted commercial. This is on the first reading. The Planning Department recommended -- recommends approval. The Planning Advisory Board recommended approval to the Commission on March 3. And this is in order to maintain consistency with Miami 21. Chair Sarnoff All right. Mr. Ruck: Thank you. Chair Sarnoff PZ.7. Do we have a motion, gentlemen? Chair Sarnoff So move. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. It's a public hearing. Anybody from the public wishing to be heard on PZ.7, please step up to the mike. And you are noticed for the record. Jackie Bell: Thank you. I'm Jackie Bell, New Washington Heights Community Development Corporation. The community do not want the change of the zoning simply because basically it is a historical site that is within our community. It was purchased through Community Development. Took us -- it took us from 1974 to 1982 to -- Chair Sarnoff Ms. Bell, they'll hand them out to us. Ms. Bell: I apologize. Chair Sarnoff They'll hand them out us to. Ms. Bell: It took us from 1974 to 1982 to utilize our Community Development Block Grant money to buy the land and build the building, and at this point we feel that it belong to that community, and we don't want any changes. Chair Sarnoff All right. Thank you, Ms. Bell. Ms. Bell: Thank you. Chair Sarnoff Yes, sir, you're recognized for the record. Irby McKnight: Irby McKnight, 1600 Northwest 3rd Avenue, address in question. I'm here today to oppose the zoning changing. To echo on Mrs. Bell, it took us years of our allocation from Dade County, from Community Development Block Grant dollars that we could have used for a whole lot of things. However, at the time residents of Overtown needed to travel from Overtown to 54th Street and 22nd Avenue to the Caleb Center to receive any kind of services. So City ofMiami Page 66 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 we thought that if we save up the allocations each year, we'd get enough money to build a service center in the neighborhood, thus enabling people to receive the service where they live. We were able to do that. We ran into some problems, but then the County helped us out by withdrawing the bid process and building the building from within. Public Work [sic] for the County built the building because we didn't have $20 million to do it, and that saved us. Now to see that the neighborhood is poorer today than it was when we built this building. There are more people unemployed today than it was when we built this building. There are more people needing the service today than it was when we built this building. Now to see that the building is being given away with no benefits coming back to the community -- because affordable housing is a joke in a neighborhood that has a 65 percent unemployment rate, so no -- all of the affordable housing thus far is occupied by people who have never lived in Overtown, because the NET (Neighborhood Enhancement Team) director was not able to get anyone from the neighborhood qualified for the already three projects. We don't want to see this project happen. And we ask that you understand that we don't want this and stop it. Thank you. Chair Sarnoff Thank you, Mr. McKnight. Yes, ma'am, you're recognized for the record. Saliha Nelson: Hi. Saliha Nelson, 1600 Northwest 3rd Avenue. And I'm here on behalf of the Overtown Community Oversight Board. And last Thursday at our monthly general board meeting, the community came out to us because they had saw the public hearing notice signs posted in the community with regards to the zoning change of this property. They asked us why is this zoning being changed. What is going to be happening on this property that would warrant such an action, and how come we don't know more? And so what they asked us to do is to request ftom the Commission to defer the item, to find out more about why this proposed zoning is being changed; and for any prospective development that is coming because of the zoning change, that the community be given an opportunity to hear it directly from the developer and from the City. Now we understand there's been a lot of back and forth about the zoning, Miami 21, but give the opportunity to the community to find out more information. And know there are several here on this Commission who have asked the same. And so we're asking you give us the same respect and defer the item. Let the community come back in 30 days and say, great, the community has had the opportunity to do due diligence and we can move forward. So we thank you if you give us that opportunity. Chair Sarnoff Thank you. Commissioner Suarez: Mr. Chairman, I'll withdraw my motion. Chair Sarnoff Well, if -- let -- Commissioner Suarez: You want to wait till everyone says --? Chair Sarnoff Why don't we hear from Commissioner Dunn? Commissioner Dunn: Yeah. I'll wait till we -- I'll allow for the rest of the public hearing and then I'll make my comments. Chair Sarnoff All right. Commissioner Dunn: Thank you. Thank you, Mr. Chair. Chair Sarnoff You're recognized for the record, sir. Terrance Cribbs-Lorrant: Thank you, Chair. Terrance Cribbs-Lorrant, Better Communities of America, 634 Northeast 64th Street, Miami, Florida. To the Chair and to Commissioner Dunn, I'm opposed for this zoning for the purposes that have already been mentioned, but in addition to City ofMiami Page 67 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 that, as a community, we're starting to become what we have seen and heard so many others say. We want to be transparent. And we heard our Mayor mention earlier this morning that he doesn't want any surprises. And what this seems like to the community, when you go around and ask those that are in the community that this seems like it was a surprise. It was brought up in a surprise moment, and it doesn't have a sustainable source of bringing back into the community. If anything, we need to look at how we can utilize that building for bringing social services and resources back where we have that high unemployment rate. So it is my voice that stands before you in representation of those that live in that community and those that feel as passionate that you reconsider, defer the item, allow due diligence to occur, and we appreciate you for doing so, Commissioner Dunn. Thank you. Chair Sarnoff Thank you. Yes, sir. Darrick Rudolph: Darrick Rudolph, 222 Northwest 22nd Sfreet. Pretty much what already have been said is pretty much the same issue, so if -- so as a resident, I'm only asking if you do make a decision today, that whatever is brought back to y'all as far as the project behind, this decision that y'all making today and if y'all agree with it, to make sure that what y'all have been doing in previous projects, making sure that the community benefits from whatever is getting done. So if you do this rezoning, that y'all have to make sure ya'll our voice. Because things -- it seems like it's already is happening. We pretty much already got certain information that things is moving forward. So I'm just saying that if you do choose today to making the decision, that y'all also let the community know that, hey, we is going to make sure that this is the beginning phase of this project. We make sure that we come up with some training to whatever supposed to be brought into this project that we have training now so when this project do come about, that we are ready to put the people in there. They got the education. They got whatever required so they don't be deferred away from these jobs. Because when you creating these projects in our communities, I - - you -- first you say that District 5, this is permitted -- was going on, especially in Overtown community, unemployment, crime, the lack of education, all these things that going on, so when you bring (UNINTELLIGIBLE) a project and to say that, oh, in order to get this job, you're required to have this or that and that, and you know these people don't have it, so you know these people ain't gone get it. So the same thing going on with the University ofMiami project that's going on on 17th and -- 20th Sfreet and 7th Avenue about jobs. People want these jobs, but they have all these stipulation requirements that when people come, they be like, oh, you can't get it. Y'all knew that beforehand. So what I'm saying is that at the beginning stage, such as like now, you make sure that, hey, let's really set up a training, a mechanism that these people can really benefit from this project. Thank you. Chair Sarnoff Thank you, sir. Yes, sir, you're recognized for the record. Ernie Martin: I'm Ernie Martin, 1000 North River Drive, in the abutting neighborhood of Spring Garden. I was actually here to speak on another matter, but was somewhat surprised to hear of the change in zoning. I remember I was Community Development director at that time when this building was constructed. We utilized Joe Middlebrooks, one of the three architects in the -- black architects in Miami at the time. There's a lot of history in this building. In our neighborhood we use this as a opportunity for a meeting place as well, so I think that the waiting period that was requested earlier would be -- would make good sense. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard? Derek Cole: Yeah. Derek Cole, 1010 Northwest 11 th Sfreet. I'm on the Overtown Community Oversight Board. I just have two things to say. It's transparency and community benefits need to be included. Chair Sarnoff Thank you. Can I --? Before we go to you, Commissioner Dunn, can I ask a question? How is this a Miami 21 issue? City ofMiami Page 68 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Chiaro: This is a change in land use from the land use changes that we made previously. The -- this is not a change in zoning. The item that comes later will be the change -- Chair Sarnoff So this is Ms. Chiaro: -- of zoning. But Ana -- I jumped in before Ana -- the Planning director can explain it to you. Chair Sarnoff Well, I'm just curious 'cause I asked to start at Miami 21 and I'm just curious how -- it doesn't very -- look very much like a Miami 21 is issue. Be that as it may, Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Thank you, Mr. Chair. To my fellow Commissioners and to community at large, I understand the community's desire in terms of wanting to weigh in. And certainly, director from the parks, you're absolutely correct; this is just the beginning stage. It will come back before this Commission. And one of the things that we're asking is that we follow the lead of the Planning Department and the PAB (Planning Advisory Board) who's recommending this. This was something -- and I'm not getting into the political aspect of it -- but something that the previous Commissioner here in District 5 did not support, and it was kind of postponed, but we feel the need to support it, at least to go forward, because of the fact that we also have from the County side of it, from District 3, County Commissioner Audrey Edmonson, she's very supportive of this item. And we do want to say and put on for the record that the community will have an opportunity to weigh in when the project moves forward. With that being said, I would like to move this item. Chair Sarnoff It's been moved. And I'm sorry; I didn't -- Commissioner Dunn: Okay. Chair Sarnoff -- see it -- I thought it was a Miami 21 issue -- Commissioner Dunn: That's okay. Chair Sarnoff -- and that's why I asked the question. Commissioner Dunn: Not a problem. Chair Sarnoff And I don't want you to think I was -- Commissioner Dunn: So it's already been --? Okay. Chair Sarnoff It has been moved. Commissioner Dunn: Okay. Well, let's call the question. Chair Sarnoff It's been moved and seconded. Any other discussion? All right. Ms. Thompson: Excuse me, Chair. Commissioner Suarez: I just wanted to hear what the district Commissioner's perspective was. And that's why I kind of semi -withdrew my motion before. Commissioner Dunn: Thank you, Commissioner. Thank you. City ofMiami Page 69 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Madam Clerk, you're recognized. Ms. Thompson: I'm sorry. Do you want to close your public hearing? Chair Sarnoff I will close it. Anyone from the public wishing to be heard? This is it. Come up. The public hearing is now closed, coming back to the Commission. We do have a motion. We have a second. And Madam City Attorney, it is an ordinance. Commissioner Gort: I have a question. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sarnoff Before roll call, Commissioner Gort's recognized. Commissioner Gort: Yeah. I have a couple of questions. Thank you, Mr. Chairman. Who's asking for this change? Is it the Commission district? Commissioner Dunn: Yes, but it's also been recommended by the Planning -- Commissioner Gort: But this is something that -- I don't understand. It was recommended by the Planning Department -- Commissioner Dunn: And the PAB. Commissioner Gort: -- and also it was approved by the Planning Board and Zoning Board. In other words, and I believe this has been in -- for three months or more it's been in the public notice. And at the same time, I think it's important for you to understand this is first reading. Second reading will come up and you'll have an opportunity to get together with the -- with staff and find out what this is all about, and with your Commissioner. Chair Sarnoff All right. Commissioner Gort: Thank you. Chair Sarnoff Madam Clerk, roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.8 10-00185zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS FROM "C/I - CIVIC/INSTITUTION ZONE" TO "T6-8 O - URBAN CORE TRANSECT ZONE" FOR THE PROPERTY LOCATED AT 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O - URBAN CENTER TRANSECT ZONE" TO "T4-O - GENERAL URBAN TRANSECT ZONE" FOR THE PROPERTIES LOCATED ALONG SOUTHWEST 27TH AVENUE, GENERALLY BOUND BY SOUTHWEST 22ND TERRACE TO THE NORTH AND U.S.1 TO THE SOUTH, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8 O - URBAN CORE TRANSECT First Reading City ofMiami Page 70 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Votes: ZONE" TO "T5-O - URBAN CENTER TRANSECT ZONE" FOR THE PROPERTIES ALONG SOUTHWEST 22ND STREET (CORAL WAY), GENERALLY BOUND BY SOUTHWEST 17TH AVENUE TO THE EAST AND SOUTHWEST 37TH AVENUE TO THE WEST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00185zc PAB Resos.pdf 10-00185zc-Legislation-SUB (Version 3).pdf 10-00185zc Exhibit A - NEW.pdf LOCATION: 1) Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn - District 5]; 2) Properties Located Along SW 27th Avenue, Generally Bound by SW 22nd Terrace to the North and U.S.1 to the South; [Commissioner Marc David Sarnoff - District 2 and Commissioner Francis Suarez - District 4]; and 3) Properties Along SW 22nd Street (Coral Way), Generally Bound by SW 17th Avenue to the East and SW 37th Avenue to the West [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by four separate votes of 8-0. See related File ID 10-001831u. PURPOSE: This will change the zoning classification of certain areas of the City as described above. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right, PZ.8. Ana Gelabert-Sanchez (Director, Planning Department): PZ.8 is changing the classification of - - this is zoning changes. This will include 1600 Northwest 3rd Avenue, the one that you just heard, the land use, which will be going from CI to T5 0; and then 27th Avenue, and it's the area bounded from Coral Way to US 1, which Miami 21 was T5 0 and it's going to T4 0; and Coral Way from 17th Avenue to Southwest 37th Avenue, T6 8, and what is in front of you is to make that change to T5 O. Commissioner Suarez: So moved. Chair Sarnoff All right, we have a motion by Commissioner Suarez, second by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. This is a public hearing. Anybody wishing to be heard on PZ.8, please step up. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I am a resident of this district. I live half a block from 27th Avenue, about halfway between Coral Way and US 1. I've been City ofMiami Page 71 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 there owning my house for 30 years. I'm a member of the homeowner's association of Silver Bluff and the larger Coral Way NET (Neighborhood Enhancement Team) homeowner's group. We have opposed upzoning 27th Avenue and Coral Way for many, many years. When Miami 21 was first envisioned, we all got together and worked for a year and presented our wishes. All of the homeowner associations signed on it and presented it to Miami 21 and to DPZ (Duany Plater Zyberk). Our voluminous document was not even acknowledged. We are very happy that the PAB (Planning Advisory Board) has, as Mr. Regalado knows, as our Commissioner knows, Mr. Suarez -- very happy about this downzoning because 27th Avenue, in particular, was designed with 100 foot -deep lots for commercial purposes abutting single-family houses, and they weren't any deeper and they weren't any larger because what was envisioned by the intelligent design of the City planners was to provide small-scale commercial establishments, which appropriately serviced that kind of a neighborhood. We wish to retain the character of this neighborhood. And I know that everybody who lives there would be very grateful for your approval of this measure. Chair Sarnoff Thank you, Judy. Ms. Sandoval: Thank you. Chair Sarnoff Anyone else wishing to be heard that would like to say something different? Anthony Villiamil: Quite different. My name is Anthony Villiamil. I'm an attorney. My law office is located at 1611 Southwest 32ndAvenue, Miami 33145. I'm coming on my behalffor the properties that we have at that location on 32nd Avenue. These properties were zoned C-1. And I don't know if the suspension ofMiami 21 is still effective, but if it is still effective, our zoning is still C-1. So I don't think that we should consider downzoning it from T5 0 to T4 0 when it is C-1. So I believe that this is something that should be -- should not be considered at this time. Chair Sarnoff Thank -- Villiamil: And that the reinstatement as C-1 will continue. We have made great expenses in developing that property. We have plans to expand, and we expect that it will not be downgraded and that it will remain as a C-1 -- Chair Sarnoff Thank you, sir. Mr. Villiamil: -- or its equivalent. Chair Sarnoff Thank you. And Commissioner Suarez, you're recognized. Commissioner Suarez: Mr. Villiamil, please don't -- Mr. Villiamil, I just want to just express something to you real quick before you sit down. We -- that's a substituted item. The item was substituted, so that area will not be downzoned. It's not part of this. Mr. Villiamil: That zone? Commissioner Suarez: That is not going to be downzoned, that part. That's going to remain as is. Mr. Villiamil: It will not be? Commissioner Suarez: Yes. Mr. Villiamil: Okay. City ofMiami Page 72 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Suarez: So that was substituted out, based on the recommendation of the neighbors and the businesses of that area, so I just want to clarify that for the record. Chair Sarnoff Nina West, you're recognized for the record. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I was on the Planning Board that first did Miami 21 when downzoning recommendations were made and they were ignored and -- so it's come back. So I want to thank the Commission and the Commissioners to respond - - for responding to the community, and I will hope in the future that you will instruct your Planning Board to do the same before we have to go through this over and over again. Thank you so much. Chair Sarnoff Thank you. Yes, sir, you're recognized for the record. Maurice Milton: Maurice Milton, 3711 Southwest 27th Street, regarding the downzoning along 27th Avenue. We are opposed to the downzoning in this area, the lots along this commercial corridor, which 27th Avenue happens to be one of the largest, if not the largest, avenue inside the City. It's asinine to downzone it any further along one of the widest corridors that we have in the City. The lot sizes alone within the C-1 zoning limit the possibility of development along the corridor to whatever density you can, you know, achieve through the lot size. So to downzone it even further, and like the previous gentleman had mentioned, we're talking about downzoning an area that hasn't even changed from C-1. It doesn't make sense. It doesn't make sense. The development cannot push into the residential area any further than the 100 foot that was previously mentioned. Chair Sarnoff Thank you, sir. Before anybody goes forward, who here has walked in in the past five minutes? Just raise your hand. Keep your hands up. Now go. Ms. Thompson: You -- because you're testifying, I need to swear you in as to your testimony to your PZ (Planning & Zoning) item. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sarnoff All right, you're recognized for the record. Grace Solares: Thank you, Commissioner. Grace Solares, Miami Neighborhoods United. I am here just to -- through the Chair, thank you so very much, Commissioner Suarez because if it wouldn't have been for your leadership and your recognition that next to single-family home can only go a T4 0 designation, this would not be here. So thank you on behalf of all of us that live next to corridors and that are actually going to enjoy the change you're making. Thank you so very much. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.8? Is that entire line here on PZ.8? Okay. Saliha Nelson: Hi. Saliha Nelson, 1600 Northwest 3rd Avenue. The properties on 1600 Northwest 3rdAvenue issue is also addressed in PZ.8. I just want to restate for the record the position of the Overtown Community Oversight Board, at the request of the community, that we feel that moving forward with the change in zoning at this time is not appropriate, and if it would be -- it would just be respectful to allow the community to really weigh in on this prior to the -- this going forward. So we just want to put that on the record again that the community is still requesting a deferment of the change of zoning at this time. It's not that the community feels like City ofMiami Page 73 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 they want to block anything, but we were under -- we understood that the zoning was not changing, and then we were notified last week at the public hearing that the zoning was going to be up to be changed again. We would like an opportunity to readdress this with the community. Thank you very much. Chair Sarnoff Thank you. You're recognized for the record, sir. Carlos Haza: Yeah. My name is Carlos Haza, 2951 Southwest 27th Terrace. And on behalf of the Golden Pines Neighborhood Association, we do want the downzoning. Okay. Chair Sarnoff Thank you, sir. You're recognized for the record, ma'am. Jackie Bell: I'm Jackie Bell, 1600 Northwest 3rd Avenue. This time I passed out a plaque to you. It identifies the people who worked so hard in that community to buy that building, buy that land, and build that building. I have no problem with the Commissioner from the County wanting it to happen. Not only does she want it to happen, she wants us from the CRA (Community Redevelopment Agency) to give Alonzo Mourning's Foundation $10 million. She also wants the tax credits for the area and the TIF (Tax Increment Fund) to go to that same project that we're talk -- The issue here to us is do the black community care less about our history or the work that we do volunteer to make things happen for us? Commissioner Edmondson might have not have even been an adult when we did that, okay. Commissioner Dunn, you might not have been an adult, okay, butt was an adult, okay. Gwen Cherry was an adult, okay. Dr. Ernie Martin is here; can tell you that legally she night not be able to do this. We don't know just yet, but we certainly are pursuing it. But everybody in this town knows for -- from 1967, when I graduated from college, I put my life in Overtown to make the changes. I would hope that you would respect me as a person from that community who have always been about the betterment of that community. I was intending to bring to you today a complete book of resolutions that have been passed by this community from 1982 on all of the promises they have made people who own land, when they -- when transit passed. It would not have passed if it had not have been for that community. This City and the County went to Washington to get UMTA (Urban Mass Transit Authority) money, and they laid out a plan on how that community was going to be rebuilt. I would hope that since I am the oldest person who has worked every day in that community -- I have not earned any money to be there -- Chair Sarnoff Thank you. Ms. Bell, you -- Ms. Bell: -- okay, and I'm not looking for any money -- Chair Sarnoff Ms. Bell. Ms. Bell: -- but respect us, please. Chair Sarnoff Thank you, Ms. Bell. Ms. Bell: Thank you. Chair Sarnoff Yes, ma'am. Melissa Sturgis: My name is Melissa Sturgis, 419 Northwest 8th Street, Apartment 104. I'm also a resident of Overtown and part of the Power U and a activist. Well, what's going on shouldn't be done behind closed doors. We should have a input of how our community is built. And what's going on now is not the way to go about doing things. We do have a right. If these centers be closed -- this center be closed down, where would we go? Where would the elderly go to eat? And what would we do about getting bills paid if this -- if we don't have a input on how our community is being treated, the people, and how --? We do have a right to know what's going on City ofMiami Page 74 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 about our community and help Overtown be rebuilt in a way that makes us comfortable, not nobody else or lobbyists and Commissioners. I do live over there, and I grew up in that area, and my mother was pushed out when I was a child. And we should have a open say -- a say-so ofwhat goes on with Overtown. Chair Sarnoff Thank you. Yes, ma'am. Marie Wims: Yes. Good evening, Commissioners. I'm Marie Wims. I live in Overtown at 1780 Northwest 5th Avenue. I've lived in Overtown since 1959. I was over there when the 395 came through there. I had to move out. And now it seems if though that it had been allocated help for us. I don't have nothing against progress, but we do have three cooperatives complexes over there that really needs help. And we have been done here -- I've been coming down here since 1904 [sic] when Commissioner Teele was here, and we been allocating help every time, and every time it get -- come up, it goes away. And so I don't have no problem with progress, but please, don't forget about the families that done lived and struggled over there. Thank y'all -- Chair Sarnoff Thank you, ma'am. Ms. Wims: -- very much. Chair Sarnoff Yes, ma'am. Elsie Hubbard: My name is Elsie Hubbard, and I live in 1610 Northwest 4th Avenue, Apartment 14C. That's Miami. I live in Town Park Village. I didn't leave. I could have left Overtown, but I stayed. And a lot of people in my time, since we was (UNINTELLIGIBLE) since '71 didn't even want to live in Overtown. Now the property's -- everybody want to come Overtown and build high-rises and run us out. What we (UNINTELLIGIBLE) a need in Overtown is some place for the kids to go and to fix up the properties what already over there and let it stay in the community. We don't need a rezoning. Thank you very much. Chair Sarnoff Thank you, ma'am. Roger Miller: Good afternoon, Commissioners. My name is Roger Miller with Newport Partners, the owner of the property located at 3275 Coral Way, which is currently known as a Winn -Dixie supermarket. As the owner of this property since 1995 and numerous other properties and developments throughout Florida, I am vehemently opposed to the amendment proposed today reducing the property's zoning from T6 8 to T5 0 [sic]. This is definitely not a small tinkering to the zoning, but rather a major step to reduce the value of the property by probably millions of dollars. Miami 21 was restrictive enough, but this is simply going too far. I strongly request that the Commissioners consider the property rights of the owners and vote against the amendment. Thank you. Chair Sarnoff Yes, sir. Keith Ivory: Hello. My name is Keith Ivory, Overtown resident, 160 Northwest 1st Court. I'm coming here today as opposed to the Commissioners' ruling on the 1600 Northwest 3rdAvenue, which is the Culmer Center. This Culmer Center is the social services of the Overtown area. There now that -- you have a couple of the agencies. You have Head Start, and you have the senior citizen program. We want to keep it public. We want to keep that land public so that way it can be an asset to the community. We know that some developers want to come in with Mr. Alonzo Mourning's name in front of it, and we don't feel that's right to be using Alonzo Mourning's name so that it feels like the residents don't stand up to Alonzo Mourning, but I don't feel that Alonzo Mourning really knows the use of this property and how it's going to affect the community. So we're here today to oppose it. And we hope that you reconsider. This is the heart. When you take away a community center out a neighborhood, I mean, what's left? We City ofMiami Page 75 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 know that Overtown is being chipped off bit by bit. We're losing historic buildings on a daily basis. We're being chipped away. Something need to be done to keep this area and to make it a real historic area because we're losing a value asset. And like Ms. Elsie said, there was a time when nobody wanted to be Overtown, but now they found out the location and the land is real valuable. It's right between downtown and the medical center and just minutes from the beach. Now everybody want to come in and do something in Overtown to move the residents out and we're opposed to that. Chair Sarnoff Thank you, sir. Yes, ma'am. Gerfrude Clyde: Yes. Good afternoon. My name is Gerfrude Clyde. I live at 1990 Northwest 4th Court, Unit 4. I'm -- live in Town Park Plaza - North. I'm here today in reference to the Culmer Center as well. My grandson went to the day care center. The people in the neighborhood has use of the services within that building. You have the seniors that have somewhere to go. That building means a lot to the community. As far as where I live, which is in Town Park North, when they -- we did everything we was supposed to do to get that zone -- the boundaries expanded. It wasn't a easy fight, but we stood, and they approved it. Now, here it is, they want to take those fundings back that was committed to giving to us when we went before the County. Commissioner Edmondson said that they would approve it, back us, and make sure that we get those funds to upgrade those units. And we're going into our 40th year recertification. If something isn't done within those walls of those units, which is putting -- the pipes is corroded, you have feces; water backing up in people houses, and everything. My next -door neighbor right next to me has feces in her house for about nine to ten months. That is a health hazard. Not only her unit, but if you come in there and go in the various units, you will see the ceilings starting to fall in because of the pipes aren't any good. We have had a couple of the units caught fire because of the electrician -- the electricity of the wiring isn't any good. We need our home. We earned the right to be there. We have been there for years. And I don't think that it's right or fair to the people in Overtown to be pushed out. We didn't ask for this -- for the change, but the change is coming. We have no problem with it, but if it's not going to include us, then I don't think that it's right or fair. We've been raped, robbed, and ripped off for years. Every time it comes down to the people in Overtown, which we are the heart of Overtown -- if it wasn't for us African Americans being there, there wouldn't be no Overtown, so what would they be wanting? Nothing. We have a right to be there. We earned the right to be there. And I don't think that it's right or fair for them to keep taking away from the people in Overtown. We earned everything that we've asked for, and all we're asking is to let us be a part of that change. Chair Sarnoff Thank you, ma'am. Ms. Clyde: Thank you. Have a blessed day. Chair Sarnoff Thank you. Yes, sir. Tyrone Jackson: My name is Tyrone Jackson. And I just want to know, Mr. Dunn, did you approve of this or did you -- are you allowing this? I mean, we talked, and you said you was standing up for our community, but you willing to give our black athlete the money to destroy our community? I just want to know, Mr. Dunn. Is this the reason why they put you here? Is this the reason why they sent -- they got rid of Spence -Jones? Or are you going to stand up for us? Chair Sarnoff Wait, wait, wait, wait. Mr. Jackson: Or you going to let them do whatever they want to? Chair Sarnoff Stop. Address the Chair. Address me. All right, you're on. Go ahead, sir. City ofMiami Page 76 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Dunn: At some point -- Reginald Munnings: Good after -- Commissioner Dunn: -- Mr. Chair, I will respond with my comments, and my motion will remain the same. Chair Sarnoff All right. Yes, sir. Mr. Munnings: Good afternoon, everybody. My name is Reginald Munnings. I live at 1130 Northwest 2nd Avenue. I am a resident, born and raised in this community. It's my hometown. I believe it will cost -- I am against the zoning, and the reason why I'm against the zoning change is because I believe it will cost the loss of much -needed services left in our community, especially for those most in need of them. We have very little services left here that we can attain within walking distance of our homes. This idea of surrounding our community service center with private property warrants concern. Public use of this property is important to Towners and always has been. This community basically supports everyone else outside of it. When we -- when will we be -- will get -- when will we get some support from outsiders instead of being looked upon as if we are not worthy of concern? There are empty lots in the community that can be used without having to disturb much -needed services. Give us our right to the City. This is an old community. I'm proud -- in spite of all the things we went through, I'm proud of being a part of it. Our people have endured much. We need a covenant of sustainable agreement from you. And even swap, no swindle. Chair Sarnoff Thank you. Mr. Munnings: Thank you. Chair Sarnoff Yes, ma'am. Linda Jones: Hi. Chair Sarnoff Hi. Ms. Jones: Good afternoon. My name is Linda Jones. Chair Sarnoff Could I get some of you to line up over here? Ms. Jones: I reside at 529 Northwest 19th Street. And I oppose the zoning change for Overtown. I'm here to represent the grandparents raising grandchildren Overtown. I facilitate a meeting there in Overtown, and we do need that property to continue to support the grandparents and parents that are raising grandchildren in Overtown. Thank you. Chair Sarnoff Thank you, ma'am. Yes, ma'am. Stephanie Sandhu: Hi. My name is Stephanie Sandhu. I'm a resident at 6001 Southwest 70th Avenue, and I'm here to represent STANDS, Students Towards A New Democracy. STANDS is an organization at the University ofMiami that's lucky enough to work with the organizers in Overtown. In particular, we've worked with Power Ufor Social Change and got in a chance to actually go to the Culmer Center. And I'm here to oppose the zoning change to that property. It would be a huge loss for the community of Overtown. And we believe that in this economic times, it would be atrocious to take away the few services that are left in Overtown from these people. It's unnecessary. If you walk down in Overtown, there's not a shortage of land to develop, and it's a direct attack on the citizens who work hard and deserve to receive what they City ofMiami Page 77 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 work for. Chair Sarnoff Thank you. Yes, ma'am. Joann Love: Good afternoon, everyone. My name is Joanne Love, and I am a resident of Overtown for many years. And what's happening is not fair. It's not right at all. At first it was the expressway. That didn't happen. What's going on? We need our land. We need our places fixed up where your -- the rent's gone up so high to the peoples moving out, and then the buildings are being condemned so you all can take 'em and do what you want to do with 'em? That's not fair. That is not fair at all. I mean, look, you all have somewhere to live. And I hope you never have to live on the street because it's hell out there. I'm sorry, excuse me. But it's not right the way things are going, so y'all need to get together and come up with a solution where we won't have to be kicked out. We like beauty. We like nice things. I know I do. I love to walk up and down the streets and going shopping this place, go shopping that place. We don't even have a food stamp office. You took that out a long time ago. Everything that's there in Overtown, you take away. Why? There's -- you consider us nobody? And I'm speaking to everyone. You consider us nobody? We have families. My children are grown. They done gone back New York doing they own thing. But believe me, ifI was in New York, I'd be doing the same thing, standing up for what's right. I mean, think about it. It'll come to you. Thank you. Chair Sarnoff Thank you. Yes, sir. Irby McKnight: Irby McKnight, 1600 Northwest 3rd Avenue. This time I want to bring up the fact that the former President Jimmy Carter, under the CD (Community Development) Block Grant program, encouraged us to put together our allocations, and then the EDA, Economic DevelopmentAdministrator, sent Mr. Jack Kemp to Overtown. When he returned to Washington, he called us, had a meeting, and then he returned; brought $5 million and built the Overtown Shopping Center. The purpose of that center, which is adjacent to the Culmer Center -- same location, same zoning change is happening there as well -- that center was built so that low-income residents of Overtown would have an outlet to engage in commerce. To this day the center has been closed longer than it was opened. It was never, never fully functioning. Only the supermarket ever opened there. After two years of fighting along with Miami Dade College, I was able to get a bank to come, and then that's it for business, and the supermarket that was built. So are we now giving HUD (Department of Housing and Urban Development) back its $5 million that Jack Kemp brought Overtown since we really didn't -- we, the residents, really didn't benefit from having this commercial establishment there? So when I read these briefs and see that this is for limited commercial, well, we had commercial there all along, and it was this City that stopped it, this City, not Hialeah. Miami. Not Miami Gardens, but Miami. So now it'll be a little foolish for me to stand here and believe that things will be different. I'm going to believe it though 'cause I don't know any better. Thank you. Chair Sarnoff Thank you, sir. Anthony Oliviri: My name is Anthony Oliviri. I'm from Fort Lauderdale, 1869 Southwest 20th Avenue. I learned about the Culmer Center last year as a student of urban planning at Florida Atlantic University. And when you look at a zoning map and you see the location of the Center, it's ideal for a community center. It's ideally located. And as a student and -- other students looked at it as well. Over the year, we studied Overtown. We thought that would be ideal place to redevelop into a stronger community center, and I just learned this week that it's going to be rezoned to commercial, and I told my fellow students, we're appalled. And in fact, many of us think it's a attack -- and a tax -- a progressive tax against women and children and elderly who depend on those services. So it's also more expensive to tear down existing infrastructure when - - especially when you have empty lots all over. So the perception from the community, I think, is correct. Why are you going out of your way to tear something down to build something commercial? Yeah, as a outsider, I could come to no other conclusion that then it's an attack City ofMiami Page 78 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 against women and children and it's pushing them out. And as a student of planning, you learn that things are very systematic, planning is very systematic and (UNINTELLIGIBLE) plan 30 years in advance. So my question to you is what's the public interest of turning this into commercial when you already have a public interest being served? Thank you. Chair Sarnoff Thank you, sir. Yes, ma'am. Ms. Clyde: Yes. Again, I'm Gertrude Clyde, from Overtown and Town Park. I have a question, and my question is this. How is it that if you all were to make this change, how is it that the people in Overtown supposed to benefit from this change of this zoning? As well as does Mr. Alonzo Mourning know and is he familiar with what's being -- his name being used to get this here done? Or they figured if they use Alonzo Mourning that the people will go for this change? I don't think so because for the simple fact he has money. He doesn't need anymore, you know. And I feel like this: If he wants to give away something, then why not sell your house and give him your land and let 'em go build whatever it is they need to build over there. But I don't think he really understand, if he does know, what this is going to do to the people in Overtown. Because we supported the Miami Heat, our kids supported it, you know. I mean, come on. What do we have to do to make sure that we'll get to stay within this change? Because like it was said before, this change, all it seems to be doing is building us more and more from Overtown, and we cannot afford to keep moving around because the recession the way it is, a lot of people have been laid off a lot of people have been cut back on days, hours. I mean, what more do we have to do? How much more suffering do we have to take, you know, in order to be recognized that we're human beings and earned a right to live where we live and stay where we stay and get funding to improve our homes so we can stay where we earned that right to live? Chair Sarnoff Thank you. Yes, sir. Joe Vaughn Lamb: Hi. I'm Joe Vaughn Lamb. I'm a resident of Overtown. I don't know. Also like some of the ladies said -- I been sitting back watching, you know, all the development happen and ain't seen nothing good came out of it so far, and I know change takes time, and I'm not blaming y'all for that. And I know y'all just human and you, like everybody else, just frying. But I don't approve of it. I'm going to leave it at that. Chair Sarnoff Thank you. Yes, sir. Terrance Cribbs-Lorrant: Thank you, Chair. Again, Terrence Cribbs-Lorrant, Better Communities ofAmerica, 635 Northeast 64th Street, Miami, Florida. I'd like to say this because I can't sit here and allow a name -- I know the name is not representative -- Alonzo Mourning's name -- I've worked with him on many projects and I haven't seen his name, particularly in print, so I know many of the residents and I know many of us have heard that in hearsay, and I would like to say it for the record, until we see that on paper, I'd like for us to dismantle that part of it and focus on the fact that there's a zoning, and that's where I'd like to leave it, the zoning aspect of it, and that we look at what is already presently not being done and see how we can assist to make those things better before we go in and destroy something and rebuild. So I know this is the beginning steps. And I heard you say that we'll have a chance. But if anybody had a house and you gave them a key to your house, I'm sure, regardless if you know them or not, you'd still want them to have your permission before walking in your door. Regardless if you've only given them just for the time when you're out of town or not, you always want them to have your permission before you walk in the door, and that's what I'm asking this Board to consider. We want the permission of those that will reside in those houses or that residential -- we want their opportune -- we want their funds, and so let's get their permission, please. Let's do that. Thank you, Chair. Thank you, Commissioner Dunn. Commissioner Sarnoff All right. City ofMiami Page 79 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Dunn: Thank you. Chair Sarnoff Public hearing is now closed, coming back to the Commission. Commissioner Dunn, you're recognized. Commissioner Dunn: Yes. Thank you, Mr. Chair. I believe to our colleagues and to the community, first of all, I believe there are multiplicity of dynamics taking place. First of all, I lived at 1610 Northwest 5th Avenue between 1965 and 1966 -- I'm a victim of 395. I understand, to some extent, not recently, but your pain. I currently live in -- where many people migrated from Overtown to Liberty City. I've lived in and around Liberty City for more than a quarter of a century. I understand your pain. I believe that some of the feelings that have been expressed today may or may not be the result of what was some tension that existed between the previous Commissioner that sat in this seat and the current Commissioner in District 3 for the Miami Dade County Commissioner [sic] in the personage ofAudrey Edmondson. First of all -- second -- thirdly, I believe it's important to state for the record that as a current Commissioner, no matter how long or short, I believe it's to the best interest ofDistrict 5 that I have a working relationship with the County Commissioner. I mean, you cannot avoid that. A house divided against itself cannot stand. And one of the issues that's facing -- someone asked the question, how will it affect the people in Overtown? I'll tell you how. Town Park is in the process -- you came to my office -- of facing a 40-year recertification. Town Park is owned by the County. It's important that we have the rela -- you're talking about over 2,000 -- or maybe 2,000 residents, men, women, boys and girls. If we do not establish some type of working relationship that did not exist in the previous Commissioner, we could run the risk of jeopardizing the lives. You're talking about being displaced? You try frying to figure out 2, 000 people. The other thing I wanted to state that no funds are associated with this issue. I don't know where that came from, but that's not a factual statement. I would hope, as we stated in the previous motion, which I will move again, with the support of my colleagues, this is just the first reading, meaning my desire would be for all of you -- and I commend you, I applaud you. I understand, frust me -- that you weigh in on everything that takes place. This is just the first reading. But what this Commissioner now will not allow -- whatever took place in the past is in the past. This is a new Commissioner, at least till November. I move this item. Chair Sarnoff All right. Did we --? I think we already had -- do we have --? Ms. Thompson: Yes. The original mover would be -- that I have listed is Commission Suarez and the seconder being Commissioner Gort. Chair Sarnoff Okay. All right, so we have a motion, we have a second. Any further discussion, gentlemen? Hearing none, Madam City Attorney, this is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. 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, as amended, 4-0. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, you're recognized. Commissioner Dunn: I do want to invite all of you -- at some point we could have a community meeting. I'm sincere about it, but I believe this is to the best interest. I know that there are residents in Town Park. That 40-year recertification is a serious issue. I'll meet with you. City ofMiami Page 80 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 PZ.9 09-01345zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM THE PROVISIONS RELATED TO THE CREATION OF A PLANNING ZONING AND APPEALS BOARD TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES I THROUGH IV AND REPEALING ARTICLE V; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 to make the procedure of the Planning, Zoning and Appeals Board consistent with the Miami 21 Zoning Ordinance. 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) Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right, PZ.19 -- PZ.9. Excuse me. Ana Gelabert-Sanchez (Director, Planning): PZ.9 will amend Chapter 62 to make the procedure of the Planning Zoning and Appeals Board consistent with Miami 21 ordinance. What you have on PZ.9 is -- as you remember, the Planning Zoning andAppeals Board was established in Miami 21, and it was a board that was comprised of 11 members, 1 alternate. Commissioner Gort: Wait, wait, wait. Ms. Gelabert-Sanchez: And of the 11 members, there was some requirement that 5 of them had professional qualifications. What you have in front ofyou on 9 is to be able to change the language that was presented on Miami 21 into Chapter 62. There's two pieces of legislation, one that presents it as it was approved Miami 21 with the qualifications. The second, but is also the second legislation on the same PZAB (Planning Zoning andAppeals Board) is removing the qualifications. There was -- and there's another, I believe it's PZ.19 later on. There was an item presented to the Planning Advisory Board recommending that, you know, either do we keep them with the qualifications or we remove the qualifications. The Planning Advisory Board recommended again in favor of removing the qualifications. That's the Planning Advisory Board. So what you have in front ofyou on PZ.9 is making the language on Miami 21 creating the Planning Zoning andAppeals Board into Chapter 62. The difference on the two is that one has the qualifications, the other one does not have the qualifications, so depending which one do you recommend, PZ.19 could be either withdrawn or heard. Is it clear? Chair Sarnoff Ms. Gelabert? Ms. Gelabert-Sanchez: Yeah. Chair Sarnoff How many -- each Commissioner gets two -- City ofMiami Page 81 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Gelabert-Sanchez: Each Commissioners gets two. The Mayor gets two. One regular and the other one is the alternate. And out of the 11, 5 were required to have professional qualifications. Chair Sarnoff So out of the 11, a little less than half have to have some -- either a law -- was it lawyer or architect? Ms. Gelabert-Sanchez: What we have, it was one architect, one landscape architect, one historian, one real estate broker, one urban planner. That's the professional. The rest, it was six citizens with no professional qualifications. All of them, needless to say, would have to be City electors. Chair Sarnoff And PZ.9 is the one that has the five, correct? Ms. Gelabert-Sanchez: PZ.9, on the first part of the legislation, yes, is the one that has the qualifications. The b, if you will, the second is the one that does not have the qualifications. Chair Sarnoff PZ.19 does not have the qualification? Ms. Gelabert-Sanchez: And then PZ.19 -- Chair Sarnoff Okay. Ms. Gelabert-Sanchez: -- if you decide to vote with -- and remove the qualifications, then you have to hear 19 in order to vote; therefore Miami 21 code is amended. If you decide to keep the qualifications, then 19 goes away because that's what's already existing in the Code. Chair Sarnoff And just so I understand this one more time. If we vote for PZ.9, there will be a requirement of five people to some set of criteria, some qualifications, and there will be a total of eleven people on the board? Ms. Gelabert-Sanchez: Correct. Chair Sarnoff Okay. Let's see if we have a motion on PZ.9. Commissioner Gort: Move to deny it. Chair Sarnoff All right, we have a motion by Commissioner Gort, second by Commissioner Dunn. Maria J. Chiaro (Deputy City Attorney): And the motion is for the -- Chair Sarnoff To approve PZ.9, as far as I know. Commissioner Gort: No. Ms. Chiaro: -- to -- Commissioner Gort: No, no. Ms. Chiaro: -- with or without -- Priscilla A. Thompson (City Clerk): Right. Ms. Chiaro: -- the qualifications. City ofMiami Page 82 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff I thought PZ.9 -- Commissioner Gort: No, no. Chair Sarnoff -- was with the qualifications. Commissioner Gort: And if you -- my motion was against it, so we would -- we'll go to the 19, but 19 is with (UNINTELLIGIBLE). Chair Sarnoff So your motion is to deny PZ.9? Commissioner Gort: Right, PZ.9. Ms. Chiaro: No. Commissioner Gort: Come on, guys. Ms. Chiaro: Let me take a pass at -- Commissioner Gort: Yeah, let's get it straight. Ms. Chiaro: -- frying to explain what you're doing here. PZ.9 is the procedural mechanism for appointment to the PZA board -- PZAB board under Miami 21. Presently, under Miami 21 you require qualifications of certain individuals. If you want to keep those qualifications in place, then the motion on PZ.9 will be to enact version 2, that is, B of PZ.9, then you don't need to do anything on PZ.19. If you just tell us that you want to qualifications or not, we'll pick the version. Commissioner Gort: I don't want the qualifications. Ms. Chiaro: So then your motion is item B on PZ.9. Commissioner Gort: Correct. Chair Sarnoff All right. Does the seconder understand that? That's without qualifications. Commissioner Dunn: I'll follow the motion of the motioner. Chair Sarnoff Okay. All right, it's a public hearing. We have a motion. We have a second. Anyone from the public wishing to be heard on PZ.9? Grace Solares: Grace Solares, Miami Neighborhoods United. This came about as a result of Miami Neighborhoods United suggestion, because we believe that the Commissioners, who are the individuals who appoint the persons to the boards, have sufficient wherewithal and intelligence to know who you appoint. This will remove, let's call it, a lock on your having to appoint a certain amount of professionals, such as realtors and whatever. They just said it here. This way -- 'cause many of the people right now in the Planning Advisory Board, in the Zoning Board, they don't have those qualifications. They are simple people like me and a lot of them that are here that are going to be ruling on that. I think if you feel, you take the lock from you, like appointing five professionals, fine, but you're giving everyone an ability to actually come and hear what is going to be actually going on and affecting us all, not just the professionals, but the laypeople in the City. So I -- we suggest that you remove the qualification, you allow anyone to be a member of those boards, and then you appoint accordingly. Thank you, sir. City ofMiami Page 83 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Thank you. You're recognized for the record. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I agree with Gracie as to not have such a strict requirement. You can always appoint architects and a variety of professionals to the board, but if you notice -- and I have been attending meetings at this Commission and in this Hall for about five years now -- that many, many people come and make definite contributions from the public, but the boards have people on them who do not fit into these categories, which may be hard to find. I mean, I don't think it's so easy to find a landscape architect. You may have to hunt around till you find a landscape architect who's not the best person to be on the board, so I think it should be looser and let the Commissioners make the decisions. Thank you. Chair Sarnoff Thank you. Mariano Cruz: Yeah, me? Chair Sarnoff If you -- public hearing is opened. Mr. Cruz: Yeah. Ms. Solares: Mr. Chair, I forgot to add something. If in this PZA B board, the Mayor is going to be appointing, my same position on the other issue stands. He cannot do it, pursuant to charter, pursuant to Code, so that's something for you to think about at whatever moment as to the numbers and how. Thank you, sir. Chair Sarnoff You're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. Is this concerning Miami 21 already? Yeah, because I was out. I was at lunch and I couldn't wait here. So much blah, blah, blah, blah. Chair Sarnoff I thought you take lunch with us. Mr. Cruz: Yeah, to you. Okay. Well -- Chair Sarnoff PZ.9 is what we're on. Mr. Cruz: PZ (Planning & Zoning). Chair Sarnoff 9. Mr. Cruz: What it's about? Oh, yeah. You know what? I told you, I'm going to stand in every public hearing, and I don't want to hear in conclusion, wrap up, or anything. Chair Sarnoff Here's the -- Mr. Cruz: I am not a lawyer, but I am a trained electrical engineer. Chair Sarnoff IfI hear anybody say they're not a lawyer again, I'll applaud you, okay. Lawyers are bad people, we all know. Mr. Cruz: Okay. No. Okay. Chair Sarnoff Any effective revolution, you got to kill all the lawyers. City ofMiami Page 84 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Cruz: No. I have to be there on Southwest 8th Street. I was there checking the things, okay. Chair Sarnoff All right, here's the issue. Mr. Cruz: What it's concerning (UNINTELLIGIBLE) -- Chair Sarnoff I'm going to give it to you. Listen up. Mr. Cruz: -- the appointment to the members of the --? Chair Sarnoff Yeah. Do you want a professional -- do you want a requirement that there be a certain --? Mr. Cruz: No, no. I want people with common sense, okay. Things that you don't buy at Wal-Mart or at FA U (Florida Atlantic University) or in Harvard or anything, because all these Harvard people and the (UNINTELLIGIBLE) College gave us all these problems that we're having here. We have to go back to "Made in the USA." When we go back to those things that you go buy "Made in the USA, " we'll be out of all these problems, okay. We need more Madoff and all these people there, okay. Appoint people with common sense, okay. All these people with all these, you know, Master and Ph.D (Doctor of Philosophy) (UNINTELLIGIBLE) Ph.D. Appoint a pole hole digger better. You will see we'll do better. Chair Sarnoff Thank you. All right. Now that we got that cleared up, PZ.9. Anyone from the public wishing to be heard? The public hearing is now closed, coming back to the Commission. I understand that we have a motion to approve PZ.9 subsection B, and Madam City Attorney, it is an ordinance. Ms. Chiaro: It is -- Chair Sarnoff Well, can I ask a question, 'cause I happen to agree with Grace Solares on something? I happen to agree that if the City ofMiami charter there's a separation of powers between the Administration and this legislative tribunal, and I'm not sure the Mayor -- and I don't think anybody minds that Mayor Regalado have these powers, but what about Mayor Bad Guy after him? It's something we're going to change forever for a long, long time. Is there a way to cull out the Mayor's ability to appoint? Ms. Chiaro: There are many provisions in our City Code that allow for the Mayor to make appointments. All of those provisions were enacted as ordinances. It is a delegation of the power of this City Commission given to the Mayor just as this -- the City Commission is enacting this ordinance, and it is -- Chair Sarnoff I've read the provisions that she's stated, and I -- Ms. Chiaro: The provision that Ms. Solares presented to me and that responded to -- that our office responded to related to the Mayor's assigned powers in pointing [sic] standing committees, and the interpretation that she offered was that because in the powers of the Mayor set forth in the charter to appoint standing committees, that then the Mayor, he or she, could make no other appointments. And the response to that made by my office was that notwithstanding the Mayor having the expressed power to appoint standing committees, other appointments to the Mayor may be provided in the enactment of legislation by this City Commission, so it is the City Commission that's giving those powers. Chair Sarnoff With all due respect, I think you don't give much credence to her position, and her position is if you look at the charter -- so we're not talking about the Code and we're not talking about ordinances that this City Commission could be -- can pass. Let's just. I won't City ofMiami Page 85 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 typify it. And according to Section 4 of the Charter, the powers and duties of the Mayor, he doesn't have powers of appointment to -- you would think they would be there specified for the Planning and zoning Board. And you can understand, based on the age and the character of this charter, that there's a great deal of suspicion in Miami -Dade County, other than the most recent mayoral -- the County Mayor in giving him a strong mayorship, which may be a brilliant move or might be a bad move, just depending on your perspective. Most people don't trust power in one person in this town. And you would think that you would put in the powers and duties of the Mayor at Section 4 of the Charter, Section G7, what his powers and duties are. And what you're doing is you're saying, essentially, inherent -- well, I think you are, because I think the Mayor has specified powers, and I think that was the intent of the charter, especially if you consider when it was passed. There was corruption in the City ofMiami. Oh, that's right, there still is. There was people doing things wrong. Oh, that's right, there still is. And that's why the charter was passed the way it was passed because no person was trusted with absolute power. So -- I mean, I'm struggling because I think there should be a separation of power between the Mayor, the Administration, and the legislative body. Ms. Chiaro: I agree with everything that you said. I, however, did not explain what I believe these ordinances do. The Mayor has only the powers that are in the charter. By enacting ordinances that provide for the Mayor to make appointments to boards or provide for the Mayor to take some other action, it is the City Commission delegating its power to the Mayor or it could be to anyone else. Chair Sarnoff Well, that only facilitates her argument of the violation of separation of powers. Ms. Chiaro: Well, the separation of powers is not exactly what's in our charter. It's -- what is set forth in the charter are specific powers given to the Mayor, limited powers given to the Mayor. And what I am saying is that if this City Commission wishes for those powers to be limited only to what is set forth in the charter, it may do so. But in enacting ordinances giving appointment power to the Mayor, that's a delegation that the City Commission is permitted to make. Chair Sarnoff I understand your position; something I can't support. I will not give a Mayor -- I might give Tomas Regalado that power, butt will not give the next Mayor that kind of power. Commissioner Gort: You can always create another ordinance. Ms. Chiaro: There are numerous, numerous areas in our City Code where the Mayor has been delegated power by the City Commission, and if, in fact, this is a -- an issue that the City Commission wishes for us to go through the City Code and address, eliminate the powers to the Mayor or change each one or bring them to you, we'll be happy to take that direction. But know that over the years, the City Commission has delegated various powers to the Mayor, other than the ones that are very strict and limited in the charter. Chair Sarnoff Understood. All right, we have an ordinance, Madam Clerk. We've read it into the record. Why don't you do a roll call? Ms. Chiaro: I have -- Ms. Thompson: No. She -- Ms. Chiaro: -- not read the ordinance. Chair Sarnoff Oh, you've not. I'm sorry. I thought you did. Ms. Thompson: And may -- I'm sorry, Chair. May I be very, very clear, before you read it? I City ofMiami Page 86 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 want you to know that I have -- we have -- in your packet you have what we call, for Legistar purposes, a version 2 and a version 3, and I want stated on the record -- we're dealing with version 3. Ms. Chiaro: The motion made was to approve version 3. Ms. Thompson: Thank you. Chair Sarnoff Go ahead, Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff No. Ms. Thompson: The ordinance has been passed on first reading, 3-1. PZ.10 09-01346zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21 ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Article VI of the City Code to conform terminology for fees with the Miami 21 Zoning Ordinance. 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) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo City ofMiami Page 87 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff All right, PZ.10: Ana Gelabert-Sanchez (Director, Planning): PZ.10 will amend Article 6 of the City Code to conform the terminology for fees with the Miami 21 zoning ordinance. It's a translation of what you have under 11000, making it into Miami 21. Chair Sarnoff All right. Is there a motion on PZ. 10? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn, second by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. It is a public hearing. Anybody wishing to be heard on PZ.10, please step up. You're recognized for the record. Judith Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I don't necessarily want to speak, but I couldn't understand when Ana read it. Could somebody read it again, please? Chair Sarnoff I think it's a technical change -- well, I'll let Ana Gelabert say it. Ms. Gelabert-Sanchez: It's the fees that are going to change the terminology into Miami 21, same fees as we have today on 11000. It's just changing to Miami 21 terminology. Chair Sarnoff All right, public hearing is opened, public hearing is closed; coming back to the Commission. Any discussion, gentlemen? Hearing none, Madam City Attorney, it is an 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: The ordinance has been passed on first reading, 4-0. PZ.11 09-01347zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENFORCE EQUIVALENT PROVISIONS IN ZONING ORDINANCE NO. 11000 AND THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to enforce provisions in the Miami 21 Ordinance that correspond to similar provisions currently existing under Zoning Ordinance 11000. City ofMiami Page 88 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Votes: Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff All right, PZ.11. Maria J. Chiaro (Deputy City Attorney): PZ.11 is an ordinance authorizing the City Manager, if necessary, to interpret any provision that may be unclear from Miami 21 as relates to the zoning in the City ofMiami. This is an omnibus ordinance that may be necessary for certain Code enforcement provisions or other provisions which necessarily have a change in terminology from your old Zoning Code to your new Zoning Code. It's typical when a new Zoning Code with completely different designations and terminologies come into place that occasionally there is an inability to site because a certain violation, for instance, may be using the terminology of an old Zoning Code. This allows for the Manager to make a determination that one provision is essentially equivalent to something in your new Zoning Code. Chair Sarnoff All right. So PZ.11, do we have a motion, gentlemen? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn, second by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. It is a public hearing. Anyone from the public wishing to be heard on PZ.11. You're recognized for the record, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 26th Street, Miami, Florida. I also interim Chairman of Allapattah Business Development Authority, which I -- many business there. A friend of mine (UNINTELLIGIBLE) zoning. A friend of mine bought property thinking it went to the Zoning Department, and they told him, yeah, that property is zoned for C-1, so he want to put a flea market there at 1220 Northwest 33rd Street by the west of the Post Office there. Well, he went there, he bought it, and then now they telling him -- and he's buying a property that belong to a church that wasn't paying any tax, and high pay altogether between the price of the property, the closing costs, $431, 000, and now they tell him that he can't have a flea market there. And I consult some land use attorneys and the minimum they charge is $20, 000. Twenty thousand dollars to change from C-2 to C-1, you know. So I -- maybe I'm for Miami 21, but anybody will be able -- because he paid like $200, 000 that he owns two laundries there in Allapattah, a street mall in Little Havana, and apartment building. He pay close to $200, 000 here in property taxes to everybody, maybe over $100, 000 to the City, and now to do anything -- he consult somebody in Zoning. He didn't tell me who it was. Oh, yes, you could build a flea market there. A flea market that will bring more than 20 jobs to the area that we needed. No, but they have flea markets all over the place. Well, then, he cannot do it, so he got -- he would have to pay taxes on that money now that he bought the property. Four hundred and thirty-one thousand dollars and now he can't have twenty jobs that will be there because we are for business -- for job development. And the whole thing of the stimulus economy is jobs, jobs, jobs. It's not Mickey Mouse jobs, anything. All -- like I said before, made in the USA. Work there in the USA. Work there in Allapattah. Twenty jobs created there, instead of the people standing on the corner selling dope. Chair Sarnoff Thank you. Mr. Cruz: Yeah. Okay. Thank you. City ofMiami Page 89 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Does that flea market -- Mr. Cruz: It's not in conclusion. It's just -- thank you. Okay. Chair Sarnoff -- restrict itself to only products made in America? Mr. Cruz: No, no. They told me now that you have to have an indoor retail. He got to put a building, a half -a -million dollar building to have the flea market. Chair Sarnoff 'Cause I think he'd be out of business quick. Mr. Cruz: Sure. I know. Land use attorneys. Chair Sarnoff All right. Anybody else from the public wishing to be heard on PZ.11 ? Nina West: I don't really wish to be heard on it. I have a couple of questions for clarification. First of all, I don't know if the Commission would like to cede all of its authority -- Chair Sarnoff I think you didn't state your name and address for the record. Ms. West: Oh, I'm so sorry. Nina West, 3690 Avocado Avenue, Coconut Grove. To the interpretation of the Planning director -- or Planning and Zoning director -- I mean, I think we've had very good professional people in the past and we may have in the future. But interpretations can change. For instance, they might interpret something some way on one part of town, somewhere in somebody else's part of town. You, as a Commissioner, might object to the fact that you weren't consulted on this interpretation for what's going on in your part of town. Questions like those. And I read the backup material pretty closely on this, and I found it to be kind of vague and kind of (UNINTELLIGIBLE) by the director of Planning and Zoning. Thank you. Chair Sarnoff Thank you. Anyone else wishes to be heard -- Ms. West: Can we have those questions answered? Chair Sarnoff -- on PZ --? Sorry? Ms. West: I would like to have an answer, just what restriction there is on this interpretation. That was the question. Is there any standards -- Chair Sarnoff Madam -- Ms. West: -- in the ordinance for making interpretations? Commissioner Gort: Any criterias [sic]. Chair Sarnoff Madam City Attorney, did you hear the question? Ms. Chiaro: Yes. The ordinance is directed only to provisions that may be determined to be equivalent, so it's -- While a general ordinance, it's to be narrowly targeted to things that may have a nuance of a change in language from one ordinance -- one zoning ordinance to the other. And again, for certain purposes, that is, for Code enforcement, for a determination perhaps on building, if it's not an exact match, the City Manager may make the interpretation that it is an equivalent provision. Chair Sarnoff It's my understanding these are called patch ordinances. What they do is any City ofMiami Page 90 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 language that has never been thought through, which is very difficult to do when you're changing so many sets of books of records, that this will afford us the opportunity to do so and -- there's almost no other way of doing it. Ms. Chiaro: That's correct. Moreover, and just by way of perhaps providing some comfort, if, in fact, there is a challenge to any of these provisions that it is not the equivalent, then I suspect that we will be making, over the next few years, adjustments to Miami 21 language. Chair Sarnoff Okay. All right, so we have -- let me close the public hearing. Public hearing is now closed, coming back to the Commission. Gentlemen, any discussion? Hearing none, Madam City Attorney, it is an 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: The ordinance has been passed on first reading, 4-0. PZ.12 09-01406zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM WITH THE PROCEDURAL PROVISIONS RELATED TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES IX THROUGH XII; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01406zt CC Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 of the City Code to conform with the procedural provisions related to the Miami 21 Zoning Ordinance. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff PZ.12. Ana Gelabert-Sanchez (Director, Planning Department): PZ.12 will amend Chapter 62 of the City Code to conform with the procedural provisions related to Miami 21 zoning ordinance, and that is on the -- this, again, is on the language Urban Development Review and Tree Trust Fund, and it's just making the same translation from 11000 to Miami 21 Code. Chair Sarnoff Gentlemen, is there a motion on PZ.12? City ofMiami Page 91 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Gort: Move it. Commissioner Suarez: I'd like to move it, subject to one modification. Chair Sarnoff All right, let's take that as a motion from Commissioner Suarez -- Commissioner Gort: I'll second. Chair Sarnoff -- it's second by Commissioner Gort, and you want to make that modification? Commissioner Suarez: Yes. I'd just like to change the number of members constituting a quorum from three to five. Victoria Mendez (Assistant City Attorney): Commissioner, which -- on which change -- Chair Sarnoff PZ.12. Ms. Mendez: -- are you making that? Commissioner Suarez: It's 62-257 -- I'm sorry, 62-258 -- I'm sorry, 62-259D. It says three members shall constitute a quorum; changing that to five members. Ms. Mendez: Okay. The only -- just as a matter of history -- Commissioner Suarez: Sure. Ms. Mendez: -- the reason why that's been -- that was changed in the past was because sometimes it was a problem getting your professionals here, the architects, the landscapers, the engineers that are part of this board, so that's why the quorum requirement was changed to three because then it would not allow for the process to be reviewed by the professionals. If you change it to that, your -- you might be stuck without having meetings for a few months. Commissioner Suarez: I mean, I think our quorum is a majority of the members, and I think usually in a body, a quorum is a majority of the members. I think there's nine -- it's a nine -member body, so you know, I just think from a procedural perspective, it makes sense to have the quorum be a majority of the members. Chair Sarnoff All right. You're recognized for the record, Ms. Solares. Grace Solares: Thank you. Grace Solares, 60 Southwest 30th Road. The suggestion came because actually three members will be -- the possibility that only one district will be making a determination as to Urban Development Review Board. Why do I say that? Because if you have three members and you have, let's say, two from Commissioner Dunn and one from you, Commissioner Dunn's district will actually carry the vote to determine the urban development in your area, your area, your area. Five people will assure you that there will be three different districts being representative in the urban development board, and that's the reason it makes sense to have five people a quorum. Chair Sarnoff Madam -- Ms. Solares: Thank you. Chair Sarnoff -- City Attorney, how often does this board meet? Ms. Gelabert-Sanchez: It meets once a month, and I have here from the Planning Department, City ofMiami Page 92 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 the person -- Alex Adams, who's the planner dealing with the UDRB (Urban Development Review Board). The issue is that sometimes there's only three or four members. When it's a large project, you might have more, but the issue that the City Attorney just expressed, it has been the problem this if it's not five, it cannot be heard, so they -- so you're delaying the project because until they're heard, they cannot continue the process. So that's why it was reduced to three -- Chair Sarnoff Did we -- Ms. Gelabert-Sanchez: -- but they're -- I'm sorry, Chairman -- Chair Sarnoff That's all right. Ms. Gelabert-Sanchez: -- is they're also professionals and they are volunteering their time. Those are the ones who serve on the UDRB. Chair Sarnoff Did we lower the quorum number recently? Has that been done in the past three Ms. Mendez: A few years ago -- that's why I was giving you the history. A few years ago. Chair Sarnoff How long ago was that? 'Cause I think I remember this coming up. Ms. Mendez: If you let me look in the City Code, I could see when it was last changed. Ms. Gelabert-Sanchez: Chairman, the one -- while the City Attorney looks, the one that I know came up recently was the HEP (Historic and Environmental Preservation) Board. That one that was discussed and that one was reduced. I don't know if that's the one you're thinking -- Chair Sarnoff Yeah, it might be. Ms. Gelabert-Sanchez: While the City Attorney looks for the UDRB. Commissioner Gort: It was the HEP Board. Chair Sarnoff Might be. Okay. All right. We have a motion. We have a second. Anyone from the public wishing to be heard on this? All right, hearing none, seeing none, comes back to the Commission. Commissioner Gort, you want to be heard? Commissioner Gort: Well, my understanding in -- there were a lot of projects that were stopped because the Urban Review Board would not have a quorum, and I think that happened quite often, and I think -- and that's the problem when you have professionals. I mean, professionals have a commitment to their profession first and to their jobs and so they're doing volunteers. If they can't show up to a meeting, they won't show up. And I can understand your point of view of the five, but at the same time, you're going to stop a lot of -- delay a lot of the projects that could come up in front of us, and that could affect everyone, all of the districts. I mean, I know I need a lot of development in my district, and I'm going to be pushing for development in my district. Chair Sarnoff All right. Right now we have a motion and a second, without your five issue. Ms. Mendez: The last time it was amended was 1997. Chair Sarnoff Okay, so I was thinking of the HEP Board. All right. Do you want to with --? You were the seconder of the motion, I think? City ofMiami Page 93 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Priscilla A. Thompson (City Clerk): No. He was the maker. Chair Sarnoff Maker. Does the maker wish to withdraw his motion? Commissioner Suarez: I mean, I -- the people that I appoint to my boards, I sincerely hope and pray are going to be attending the board meetings, that they take their responsibility seriously, and -- Chair Sarnoff How long you been here? Commissioner Suarez: Not that long. Chair Sarnoff You'll find out very quickly. Commissioner Suarez: Well, then, I'll defer to the senior member of our body in terms of -- and to the history of the board and the will of the Commission, so -- Chair Sarnoff I think there are many, many well -intended people out there that I just think things happen and -- Ms. Mendez: Chairman. Chair Sarnoff Yes. Ms. Mendez: I also wanted to bring up one point just for -- before you take a vote. In this section there is the Tree Trust Fund and we may be adding to this section between first and second reading, the public benefits trust fund, which is the one that is allowed in the Miami 21 Code, but we normally place all the trust funds together, so we will be adding this between first and seconding, consistent with what's in Miami 21. And I wanted to bring that up to your attention. Chair Sarnoff Does that mean the URB [sic] is going to be in charge of those trust funds? Ms. Mendez: No, no, no. It's just that -- there is a few different pieces that are being amended here that are consistent with Chapter 62, so we're just going to add the public benefits trust fund Chair Sarnoff Right. Ms. Mendez: -- and Ana can maybe elaborate. Chair Sarnoff All right. So we have an ordinance. We have a motion and we have a second. Any further discussion, gentlemen? All right. Commissioner Gort: What's the motion? Chair Sarnoff It is as stated, which is with the five. Commissioner Gort: It stays. Okay. Chair Sarnoff Excuse me, with the three. Commissioner Gort: With the three. Chair Sarnoff All right. So Madam City Attorney, it is an ordinance. City ofMiami Page 94 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Mendez: An ordinance -- I apologize. One moment. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Sarnoff The correction should be 9 through 12. I think you have to correct that to 9 through 12. Ms. Mendez: Twelve. Sorry. Chair Sarnoff Okay. All right. Ms. Thompson: Your -- Chair Sarnoff Madam Clerk, the roll call. Ms. Thompson: -- roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.13 09-01337zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01337zt-Legislation-SUB. (Version 3)pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow for all bars (including taverns, pubs and lounges as principal uses) and all nightclubs and supper clubs to be permitted upon approval by public hearing, except in Downtown Miami and Midtown. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Direction by Commissioner Dunn to the City Attorney to determine how Chapter 4, Article I, Section 4-3 of the Code of the City ofMiami, entitled "City Commission Approval for Use and Extended Hours," could be extended to include areas of Disfrict 5. City ofMiami Page 95 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff PZ.13. Lourdes Slazyk (Zoning Administrator): PZ.13, you're being handed a substitution for this item. PZ.13 is also one of the items we need for the City Code to be consistent with Miami 21. This is amending the alcoholic beverage establishment portion. There is one new thing in here. In the adoption ofMiami 21, it was determined that the City Code would handle the provisions for the special hearings that are required for the alcoholic beverage establishments. There are certain types of establishments that are allowed to sell alcohol until 3 a.m., and there are others that are allowed to sell until 5 a.m. Basically, this amendment and the one that's coming up a little later in your agenda is pretty much keeping the City as close to what we have today as, which means that in general C-1 districts or in general commercial districts throughout the City, the bars will require an approval by the Planning Zoning and Appeals Board, very similar to the special exception they get before the Zoning Board today. The one difference is that the 5 a.m. bars, which are the nightclubs and supper clubs, will also be required to come to the City Commission for a final approval. This was inserted because of concerns about the 5 a.m. clubs are probably the ones that have the most impact on the neighborhoods within your districts. In this way, you get to see them, and notice goes out to all the neighbors, and the final approval will be by this body. Chair Sarnoff All right, PZ.13, is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. This is a public hearing. Anybody from the public wishing to be heard? Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 26th Street. You know, the problem with all these ordinance in the City, they are not countywide or statewide, okay. So we have an ordinance here, people have to come here and everything, go through all the paperwork or hire a high price attorney to handle the thing here, right? But I remember, I drove a taxi when I came from the Army in '63. I knew all the joints, all these beer and wine joints. They close at 1 a.m. then the people move to the 3 a.m. bars, and after 5 a.m., they move to 8600 in El Portal or they move to Johnson St. Medley (phonetic) or they go to a place for the state in North Bay Village and everything because those that have 24 hours things. You go to 8600, 20 -- you remember 8600 on 86 and Biscayne Boulevard, El Portal, specializing there. So now what happen, like on 27th Avenue, the west side is County, the east side is City. There's no bars on the east side of the City. All of them are on the west side, on the County side, where the Bahamas there, you know. That's what would happen. You taking -- if we don't want to get the business from South Beach or other place, they have an ordinance that is uniform. Don't -- that somebody have to come here to beg for a late opening, something or whatever, okay. Chair Sarnoff Thank you. Mr. Cruz: Either everybody close at one time or everybody opens or whatever. Be uniform with Dade County and the other municipalities. Chair Sarnoff Thank you. You're recognized for the record. Patrick Sessions: My name is Patrick Sessions. I reside at 1754 South Bayshore Lane, Miami. Since this revised ordinance is less than five minutes old since you just got it, it was never distributed to anyone else, except apparently the Miami Herald last Sunday. We haven't had a City ofMiami Page 96 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 chance -- I'm sorry. The Coconut Grove Village Council has not had a chance to review this ordinance. I was able to get it at 1 o'clock this afternoon. I'm dumbfounded why we have to wait until 1 o'clock in the afternoon on the day of a meeting to get an ordinance, but apparently, that's what happened. So I won't be speaking as a Chairman of the Village Council because the Village Council never got a chance to get input from the residents of Coconut Grove because this has just been released to you all in the last 30 seconds. I'm curious you sponsored this ordinance and what the public outcry was that brings it on. What did the special liquor advisory committee that you, Chairman Sarnoff, formed -- what is their input on this? My understanding is they haven't even started to study the thing yet. They've been spending time deciding what they're going to study, and their recommendations won't even be out until a minimum of July. Wouldn't it make sense, since we went through the trouble of (UNINTELLIGIBLE) this community -- this committee, to have them -- have their input on this? What was the point if they're not going to have any input? As usual, the Grove, and no other region of the City, has been singled out for special treatment in this ordinance that you've just been received. In spite of fact that the Coconut Grove Village Council came before you months ago and said that we supported the equality of licenses, as this gentleman just brought out. Again, the Grove has been singled out. And more importantly, again, as this gentleman stole my thunder, the ordinance politicizes the approval process for 5 a.m. clubs, and that really is something we don't need. We already have zoning. We already have state requirements. And there is no need to add another level of oversight onto this. Chair Sarnoff And in conclusion. Mr. Sessions: What this does -- Chair Sarnoff In conclusion. Mr. Sessions: I'm sorry. Go ahead. Chair Sarnoff In conclusion. Mr. Sessions: In conclusion? Chair Sarnoff Yes, sir. Mr. Sessions: Okay. All right. Since you're not going to let me talk, as long as you let everybody else talk, I'll wind it up. Chair Sarnoff Everybody, Mr. Sessions, got two minutes. Mr. Sessions: Really? Chair Sarnoff And I think everybody at this dais would agree that everybody's had the same length of time to speak up here across-the-board. Mr. Sessions: Interesting. I saw two or three people come up two or three times on the Overtown issue. Okay, I'll just wind it up. It's a bad idea. You all are taking, you know, another -- you've got plenty to do. Try and save this City and don't spend your time up here deciding individually whether a 5 o'clock club should be open or not. Chair Sarnoff Thank you. Michelle Niemeyer: Hi. Michelle Niemeyer, 3400 Pan American Drive. I am a resident of Coconut Grove, have been for 12 years. I'm also a member of the Coconut Grove Village Council, and a member of the Coconut Grove Chamber of Commerce. I would like to remind City ofMiami Page 97 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 you all that although this is being presented as new legislation, it's really the same old legislation as we had. I've been told essentially the intention of this is to reiterate what Miami -- in Miami 21 what's in the current Zoning Code right now. The reason I'm here today is to also point out to you, Commissioner Sarnoff and to the other Commissioners, that it is the position of many of the residents in Coconut Grove, including myself of people who have businesses in Coconut Grove, of the Coconut Grove Village Council and the Coconut Grove Chamber of Commerce that Coconut Grove's businesses should be treated the same as the businesses in any other part of the City, and this is an opportunity, now that you're adopting new legislation, to correct that problem. The opportunity is very easy. All you have to do is take the language in paragraph -- subparagraph 6, cross out starting with the word "except," except in the area generally known as Coconut Grove Central Commercial Disfrict where the hours of sale for alcoholic beverages by the following establishments are weekdays, including Saturday, from 7 a.m. to 3 a.m., on the following day: Sunday from 12 noon to 3 a.m. on the following day. Leave the colon in and take away from part that defines what the Coconut Grove Central Commercial Disfrict is and you have fair legislation that treats Coconut Grove equally with the rest of the City. Thank you. Chair Sarnoff Thank you. Next. John El Masry: Good afternoon. My name is John El Masry, 3131 Commodore Plaza. I'm the owner ofMr. Moe's Bar and Grill at that address. On -- in June 30 of 2008, this ordinance went into effect to roll back the hours in the Grove. I can speak for myself. It's been devastating to my business. I had over 120 employees. I now have 56 employees. My business is down almost 40 percent of volume, over 50 percent profit. This has caused not only hardship for myself but for other merchants in Coconut Grove. For the life of me, I just cannot understand how Coconut Grove is being singled out and being treated differently to the other areas in the City ofMiami here in Commissioner Sarnoffs district. I live at 888 Biscayne Boulevard, two blocks from me on 11 th Street, they have got places that stay open 24 hours a day. Now either drinking late night is either bad, it's either no good, or it's permissible. I don't understand how the laws of physics don't apply here in the Grove. I have a suspicion, because Commissioner Sarnoff happens to live here, that that's the way it's going to go, but it's just not fair. I am pleading with you guys up here on the dais for parity. All we're looking for is an even footing with the rest of the City ofMiami. It just doesn't make sense to isolate four blocks in the entire City and think that that's going to have an impact on drunk driving, the alleged reason behind -- the impetus behind this whole ordinance. It just doesn't -- it defies logic. And I'm asking you guys to please take a look at this before this goes back into law. The old ordinances are morphing into Miami 21 now. I think it's perfect timing to get this thing right. It's just not fair. We just want parity. If it's 3 a.m., make it 3 a.m. for everybody. Chair Sarnoff Thank you. Mr. El Masry: Thank you. Chair Sarnoff Yes, sir. Thomas Marrazza: Thank you, Commissioners. Thomas Marrazza, 1040 Biscayne Boulevard. I also agree that there should be parity. What we have going on right now is we have certain clubs closing at 3 a.m., driving intoxicated to clubs that are closing at 5 a.m., then driving intoxicated to clubs that are open for 24 hours. I happen to live near the clubs that are open for 24 hours, and I can tell you that they do not deserve this special privilege that has been granted to them. A lot of people do not seem to be aware, so I just want to make everybody aware of what's happening at these 24-hour clubs. These are police reports for the last five -- three years. There are five incidences [sic] per page on these police reports. These police reports are filled with drug incidents, fighting, killings, stabbings. These are a couple of just the recent ones that happened in the last few months. This was a model, last seen at Club Space 8 o'clock in the City ofMiami Page 98 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 morning, later found burned in a dumpster. This is a girl, 18 years old, last seen at Club Space, strangled by a DJ (Disc Jockey) that works for the clubs. This is a shooting outside Club Space. This is a performer that left 8 o'clock in the morning to hit a bicyclist while he was drunk that left Club Space. I also have in here petitions signed about the nuisance regarding these clubs, noise issues that have been happening since the clubs opened. These clubs do not deserve special privileges. And I can't understand for the life of me why this has been able to go on for so long. And if any Commissioner could please explain to me why this has been allowed to go on, I would love to hear this explanation. Anybody? Chair Sarnoff All right. Thank you, Mr. Marrazza. Anyone else wishing to be heard on PZ.13, please step up. Nathan Kurland: Good afternoon. Nathan Kurland, 3132 Day Avenue, Coconut Grove. First of all, statistics supplied to us by Chairman Sarnoff during a major hearing, to which all of you were participating, except I believe you, Reverend Dunn, who had a hearing, describe crime in certain late hours between 3 and 7 in the morning as being down since this ordinance took place, somewhere around 51 percent; property vandalism down an equal percentage, on and on and on. So there's a famous lyric in Wicked that went "No good deed goes unpunished" Thank you for freating us differently here in Coconut Grove. The gentleman who just spoke about the many unfortunate incidents, and they certainly are much worse than unfortunate incidents that take place at 24-hour clubs. We have taken a step, at least here in this area, to do something about it, and that was to roll back the hours to drink to 3 a.m. And it's working. And at the hearing that you gave us, Commissioner Sarnoff, we had representatives from North Grove, South Grove, West Village, Center Grove, Mothers United Against Drunk Drivers, and on and on and on in support of this ordinance. We are willing to keep coming back to say thank you for treating us differently. Would it be better if the entire City had a level playing field, John? Absolutely. But we cannot disagree with the fact that our crime is down, our vandalism is down, our noise is down. We have 14 schools that abut our business district, unlike any other business district in the City ofMiami. We don't need drunk drivers at 6 in the morning when our children are going to school. Chair Sarnoff And in conclusion. Mr. Kurland: In conclusion, thank you for freating us differently. Chair Sarnoff Thank you. Anyone else wishing to be heard on PZ.13? State your name for the record. Fran Rollason: Fran Rollason. Can I speak to the 24-hour liquor issue on convenient [sic] stores? Chair Sarnoff That's not here. Ms. Rollason: Okay. Thank you. Chair Sarnoff All right. PZ.13, gentlemen, any discussion? Commissioner Dunn: Mr. Chair? Chair Sarnoff I'm sorry. Let me close public hearing, coming back to the Commission. Commissioner Dunn. Commissioner Dunn: I want to applaud you for this initiative. And however way, Madam City Attorney, I don't know -- I know this may not be popular; I don't care. I'm very disturbed by the crime that's raging in District 5. It's not almost a day that goes by that there's a shooting, one City ofMiami Page 99 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 shooting after another. I'm going to do more than just talk the time that I'm here. I'm going to throw the whole kitchen sink, so I would certainly -- I want you to know, those of you who in the Chairman's district, I want it in Disfrict 5. And I'm going to go a step further. I also, at some point, we're going to look at that teen curfew, either reinforcing it. That's already on the books, but we are enforcing what's already on the books, and I've already asked the City -- Madam City Attorney to take a look at that because I'm greatly disturbed by the crime in our district. It's unnerving. So I want to applaud you for this. Chair Sarnoff Thank you, Commissioner Dunn. Anyone else wishing to be heard? All right. Commissioner Gort: I have a question. Chair Sarnoff Yes, sir. Commissioner Gort: In looking at the new document that we have here, you have the hours for sale of alcohol alcoholic beverage for cafeteria and coffee shops from 11 a.m. to 10 p.m. Ms. Slazyk: Yeah. We're not changing that. That's what's in the book today. The only things we added were the underlying language and that was -- Commissioner Gort: This is on the book today? Ms. Slazyk: Yes. Commissioner Gort: As it is today? Ms. Slazyk: Yep. Commissioner Gort: So we have a lot of people in violation of this then? Ms. Slazyk: We allow what? Commissioner Gort: Have a lot of individuals in violation of this. Okay. Thank you. Chair Sarnoff All right. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. 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 passed on first reading, 4-0. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes. You're recognized, Commissioner Dunn. Commissioner Dunn: IfI may, I wanted to ask the City Attorney how could I get this -- I'm not just talking -- included at some point in Disfrict 5? I want it. Victoria Mendez (Assistant City Attorney): We will definitely -- Commissioner Dunn: Are you happy now? But want it. I want it. City ofMiami Page 100 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Mendez: We will work with your office. Unidentified Speaker: Marc has a beautiful presentation. Ask Marc; he'll show you how. Commissioner Dunn: I wanted to find out how, at some point, could this ordinance be extended to District 5? Julie O. Bru (City Attorney): You just request it and then we'll work on the procedure for getting it before you for a vote. Commissioner Dunn: Yes. Okay. Can I direct you to do that then? Ms. Bru: Okay. Commissioner Dunn: Thank you. Chair Sarnoff Thank you, Commissioner Dunn. Ms. Thompson: Chair, before we leave. Chair Sarnoff Yes, ma'am. Ms. Thompson: I just want to make sure and state for the record that that was passed 4-0, as modified. Chair Sarnoff Okay. Ms. Thompson: Thank you. PZ.14 09-01344zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ENVIRONMENTAL PRESERVATION" WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; AND REPEALING ARTICLE 8.1 OF ZONING ORDINANCE 11000, THE ZONING CODE OF THE CITY OF MIAMI, ENTITLED "TREE PROTECTION" IN ITS ENTIRETY, AND INCORPORATING ITS PROVISIONS INTO A NEW ARTICLE I IN CHAPTER 17 OF THE CITY CODE, TO CREATE A NEW ARTICLE I ENTITLED "TREE PROTECTION IN GENERAL"; ALSO ADDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE I; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 09-01344zt CC Legislation (Version 2).pdf 09-01344zt CC FR 04-08-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. City ofMiami Page 101 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 PURPOSE: This will amend Chapter 17 to establish procedures for the removal of trees in environmental preservation districts, repeal Article 8.1 of Zoning Ordinance 11000 and incorporate those sections into a new article of Chapter 17 entitled "Environmental Protection." Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.14 was deferred to the Commission meeting currently scheduled for April 8, 2010. Chair Sarnoff PZ.14, is that deferred? Am I right on that? Unidentified Speaker: Yes. Chair Sarnoff All right. Victoria Mendez (Assistant City Attorney): Yes, Mr. Chairman. Chair Sarnoff PZ (Planning & Zoning) -- Priscilla A. Thompson (City Clerk): That was -- I'm sorry. You said PZ.14? Chair Sarnoff Is that not deferred? I have that in my notes as deferred. Ms. Thompson: No. I didn't get that number. Ms. Mendez: It is deferred. Chair Sarnoff Wait. Let's make sure. For PZ.4 -- you're right, we did not move it. Ms. Mendez: This is the free ordinance, Mr. Chairman, that we're still working on, so -- Chair Sarnoff All right. PZ.14 and PZ.15 would require a motion to defer -- Commissioner Suarez: So moved. Chair Sarnoff -- for 30 days. Bill Anido (Assistant City Manager & Interim Public Works Director): Mr. Chairman, on 15, we would like to hear that on the 8th, April 8 Commission meeting. Ms. Thompson: Chair? Chair Sarnoff Might be a thick Commission meeting, at the rate we're going. Ms. Thompson: Chair? Chair Sarnoff Yes, ma'am. Ms. Thompson: IfI can replay the earlier part of meeting? City ofMiami Page 102 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff I don't think we mentioned it. I think you're right. Ms. Thompson: Okay. PZ.15 was deferred -- Chair Sarnoff Right. Ms. Thompson: Actually continued to the April 22 meeting, okay. We did not do anything with PZ.14. Chair Sarnoff Correct. Ms. Mendez: Can we continue it to the same meeting? We should have that ready by then as well. Chair Sarnoff On the April 22 meeting. Is there a motion? Ana Gelabert-Sanchez (Director, Planning Department): The April 8 -- Commissioner Suarez: So moved. Chair Sarnoff There's a motion by Commissioner Suarez, second by Commissioner Dunn. Ms. Gelabert-Sanchez: April -- excuse me. Mr. Anido: Mr. Chairman -- Ms. Gelabert-Sanchez: Mr. Chairman. Mr. Anido: -- I'm sorry. Again, on PZ.15, we would like to continue it to April 8; 14 on the 22nd; 15 on the 8th. Chair Sarnoff All right. Let's do it one at a time. All right, is my record okay, or do I need to do some withdrawals? Ms. Thompson: Really, let's do PZ.14. Chair Sarnoff All right, PZ.14. Is there a motion to defer -- to continue --? Ms. Mendez: Mr. Chairman, just to be clear, the Planning Department would like for both of them to be on April 8. Chair Sarnoff Okay. You know what we're going to do, we're going to table these, and you guys will get it together. Moving on. PZ.15 09-01342zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2, AND 3 IN ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED" AND RENAMING SAID SECTION TO "APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED"; TO ALLOW THE CITY MANAGER TO CREATE A TEMPORARY EVENT PERMIT PROCESS, A TEMPORARY PERMIT PROCESS, AND AN INTERIM PARKING PROGRAM TO AUTHORIZE CERTAIN TEMPORARY USES, INTERIM PARKING USES City ofMiami Page 103 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 AND EVENTS, AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a temporary event permit process, a temporary permit process, and an interim parking program to authorize certain temporary uses, interim parking use and events in Chapter 62, Article XIII. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Please refer to item PZ.14 for minutes referencing item PZ.15. PZ.16 10-00285zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 3, ENTITLED "BUILDING FUNCTION: USES" TO ALLOW MARINE RELATED COMMERCIAL ESTABLISHMENTS AND CHILDCARE FACILITIES IN CIVIC SPACE (CS) ZONE BY EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00285zt PAB Reso.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will allow marine related commercial establishments and childcare uses in the Civic Space (CS) Zone by process of Exception. 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) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Ana Gelabert (Director, Planning Department): PZ.16. City ofMiami Page 104 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff PZ.16. "[Later...]" Chair Sarnoff Where are we, gentlemen? Are we at --? Priscilla A. Thompson (City Clerk): PZ.16. Chair Sarnoff PZ.16. Ms. Gelabert-Sanchez: PZ.16 is to amend to allow for two additional uses on CS (Civic Space) on Miami 21 on parks which would be marine -related commercial establishments and child care uses. Chair Sarnoff Is there a motion on PZ.16? Commissioner Dunn: So moved. Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. Judith Sandoval: PZ.16? Chair Sarnoff Public hearing. Yes, ma'am. Ms. Sandoval: PZ.16? Chair Sarnoff PZ.16. Ms. Sandoval: I want to speak. Chair Sarnoff I was about to open up the public hearing, and that would probably include Judith Sandoval. Ms. Sandoval: Okay. I'm sorry. May I, please? Chair Sarnoff Public hearing is now opened. Ms. Sandoval: I'm sorry. Chair Sarnoff Public hearing is now closed. You missed your opportunity. Ms. Sandoval: No, I did not. Chair Sarnoff Well, please. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I object very strongly to this ordinance because, if you realize, gentlemen, I -- the way I interpret it, you can put anything in any park, and we should not be doing that. Am I right? Day care centers, okay. We should not be allowing -- if there are some in there already, what can we do? But we shouldn't have anymore. It should be made clear. And as far as commercial -- am I on the wrong ordinance? Chair Sarnoff No. You're on the right ordinance. City ofMiami Page 105 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Sandoval: Okay. And as far as commercial marine -related activities, do you realize that this means that on next to the Marine Stadium on Virginia Key, you can put a punch of shops selling bikinis? You can do this on the waterfront in Coconut Grove and we should not be doing this in our parks. We should be taking care of our parks, buying more parkland, fixing them up. We don't have enough parks, and Miami is going backwards from every other enlightened city in America in this respect. Please deny this ordinance. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on PZ.16? Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. I'm a member of the Parks in Public Space Committee. I have some questions about this. We have very little parkland. I know we're all broke here, and I know everybody thinks a lease is a good idea, but the leases seem to go on forever and the City is always building the property, leasing it to somebody, and then when it becomes functionally obsolete, we take it back, knock it down, build another one, and lease it out again. And all of these kinds of things are an affront to our parks. We don't have enough parks for the people. In District 2, we have plenty of parks, but in Reverend Dunn's district, there's hardly any parks. There's not any parks hardly in Allapattah -- Commissioner Gort: There's plenty. Ms. West: -- and there's too much commercial stuff as there is. We need to spend the money on preserving our parks, and we won't make enough to even cover the costs of commercial ventures in these parks. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on PZ.16? Hearing none, the public hearing is now closed, coming back to the Commission. Any discussion, gentlemen? Hearing none, Madam City Attorney, it is an ordinance, PZ.16. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. Commissioner Suarez? Commissioner Suarez: Before I vote, I just have a question, ifI may, Mr. Chairman? Chair Sarnoff Okay, go ahead, sir. Commissioner Suarez: I think what the ordinance does is that it allows for it by process of exception, right? So it doesn't allow it to happen. It creates a procedure by which it may happen, but it doesn't allow it to happen. I think -- I was a little unclear when you guys both made your presentation. It made it seem almost like it allows it to happen. It allows for a procedure that which it will come before the Commission, and the Commission can decide, on a case -by -case basis, whether it's appropriate for the facility in question. Just wanted to clarify that. My vote is yes. Ms. Thompson: Continuing with your roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. City ofMiami Page 106 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.17 10-00287zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY MODIFYING THE REQUIREMENTS OF ALCOHOL BEVERAGE SERVICE ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00287zt PAB Reso.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will require the Exception (E) process for alcoholic beverage service establishments or as specified in Chapter 4 of the Charter and Code of the City of Miami. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Suarez Absent: 2 - Commissioner(s) Carollo and Dunn II Chair Sarnoff All right, PZ.17 is unnecessary, Madam City Attorney? Lourdes Slazyk (Zoning Administrator): No. This one is -- I think it's 19 that's unnecess -- Chair Sarnoff Oh, I'm sorry. Ms. Slazyk: This one is -- Chair Sarnoff PZ.17. Ms. Slazyk: -- this one just reinforces what you just did on PZ.13 for the alcoholic beverage so that there is no contradiction between the Code and the zoning ordinance. Chair Sarnoff All right. Is there a motion on PZ.17? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Public hearing is now opened on PZ.17. Anyone from the public wishing to be heard on PZ.17, please step up. Hearing none, public hearing is now closed, coming back to the Commission. Any discussion, gentlemen? Hearing City ofMiami Page 107 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Chair Marc Sarnoff. Priscilla A. Thompson (City Clerk): Your roll -- Chair Sarnoff Madam Clerk. 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, 3-0. PZ.18 10-00289zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO REPLACE THROUGHOUT THE MIAMI 21 CODE, THE TERM "BY RIGHT" WITH "PERMITTED", WHERE APPLICABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00289zt PAB Reso.pdf Votes: LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will replace, throughout the Miami 21 Code, the term "by right" with "permitted", where applicable. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff PZ.18. Maria J. Chiaro (Deputy City Attorney): PZ.18 is an ordinance which would change throughout the Miami 21 Zoning Code the use of the term "by right" with the term 'Permitted." The term by right is one that was used in the Zoning Code or permitted as we had our Zoning Code over the years. There was some requests by various entities that the word [sic] "by right" be changed. The word 'permitted" is consistent with what is legally allowed in those sites. And as proposed, this ordinance changes the word, as I said, "by right" throughout the Code to "permitted" Chair Sarnoff All right. Is there a motion on PZ.18? Commissioner Dunn: So moved. City ofMiami Page 108 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. Public hearing. Anyone from the public wishing to be heard? You're recognized for the record, Ms. Solares. Grace Solares: Thank you. Grace Solares, Miami Neighborhoods United. This is one of the items that Miami Neighborhoods United requested of the Mayor that it be placed as an amendment. However, we did not request "permitted." We requested "allowable," changing "by right" to "allowable." The matter was heard by the PAB (Planning Advisory Board). There was a lot of discussion, and at the end, it was voted that the word that should be inserted here should be "allowable." The reason why we requested the "by right" and 'permitted" not be there is because it conveys the full sense of entitlement, while "allowable" is a much more truthful, as there are numerous conditions that have to be met in order to build. The PAB, as I said, voted to put the word "allowable." However, the City staff saw fit not to put it in here or tell you what the PAB voted, and just put the words -- changing it "by right" to "permitted." Thank you, sir. Chair Sarnoff Let me ask Madam City Attorney -- Commissioner Gort: What's the difference? Chair Sarnoff -- is the reason you're looking for the word 'permitted" because it is a term if art that has jurisprudence? Ms. Chiaro: That's correct. The term "allowable" causes me -- causes us grave legal concerns in that it is a word that has with it definitionally conditional approvals, and there are certain things that are allowed or permitted as a matter of the particular district that the property is in or the uses that the property is in, and so the use of the word "allowable" has the implication and, in fact, in some cases, explicitly determines conditional uses, conditional allowance. Chair Sarnoff Is the word "allowable" a term of art in land use? Ms. Chiaro: It is not -- I mean, it is -- I'm looking at the sequence of definitions in terms of definiteness. And in Coral Gables -- I mean, we looked at the Codes throughout Florida, and every place uses the terms "permitted," 'permitted by right." Sometimes it's used together. Miami Beach uses 'permitted by right." West Palm Beach uses 'permitted by right." So there isn't anywhere where things that are permitted use the term "allowable." Chair Sarnoff All right. Any discussion, gentlemen, on PZ.18? Did I open and close the public hearing? Priscilla A. Thompson (City Clerk): You opened it; not closed yet. Chair Sarnoff All right. PZ.18, anybody wishing to be heard, please step up. Hearing none, seeing none, coming back to the Commission. Gentlemen, any further discussion? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.19 10-00290zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE City ofMiami Page 109 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Votes: OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.1.4 ENTITLED "PLANNING, ZONING AND APPEALS BOARD", REMOVING SPECIFIC QUALIFICATION REQUIREMENTS FOR BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00290zt PAB Reso.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will modify qualification requirements for professional training and experience required for members of the Planning, Zoning and Appeals Board. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Maria J. Chiaro (Deputy City Attorney): Mr. Chair, because the requirement that certain professions be included in the -- be excluded for the board members of the PZA (Planning Zoning and Appeals) Board, you do need to enact PZ.19 -- Chair Sarnoff All right. Ms. Chiaro: -- to be consistent with your previous action. Chair Sarnoff Is there a motion on PZ.19? Commissioner Suarez: So moved. Commissioner Gort: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Gort. PZ.19. It is a public hearing. Anybody from the public wishing to be heard, please step up. Hearing none, seeing none, it comes back to this Commission. Gentlemen, any discussion? Hearing none, Madam City Attorney, it is an 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: The ordinance has been passed on first reading, 4-0. PZ.20 10-00291zt-a ORDINANCE First Reading City ofMiami Page 110 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 TO BE WITHDRAWN BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Withdrawn on March 17, 2010. PURPOSE: This will reduce floor to floor heights in lower -intensity transect zones and allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff Okay. Where does that leave us? Commissioner Gort: Twenty-one. Chair Sarnoff Are we at PZ.20 or --? Ana Gelabert-Sanchez (Director, Planning): You don't have a PZ.20, but you do have a PZ.21. Priscilla A. Thompson (City Clerk): No. Ms. Gelabert-Sanchez: PZ.21 -- Ms. Thompson: I'm sorry. We still have a PZ. 20. Chair Sarnoff Would you like a motion on PZ.20? Ms. Gelabert-Sanchez: I believe so. Commissioner Gort: Move it. Ms. Gelabert-Sanchez: And I believe it's to -- Commissioner Dunn: Second. Chair Sarnoff What would you like that motion to say? Ms. Gelabert-Sanchez: City Attorney, PZ.20 was continued by the Planning Advisory Board, so City ofMiami Page 111 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 we're not hearing it now. Would the motion of the City Commission would be to pull it or to defer it? Maria J. Chiaro (Deputy City Attorney): To defer it. Commissioner Gort: To defer. Ms. Thompson: To? Commissioner Gort: To defer when ready. Move it. Chair Sarnoff All right. We have a motion to defer when ready -- Ms. Thompson: That's actually -- Chair Sarnoff -- by Commissioner Gort. Ms. Thompson: IfI might? Chair Sarnoff We have a second by Commissioner Dunn. Ms. Thompson: IfI might, Chair? Chair Sarnoff You don't like using the word defer -- Ms. Thompson: Our standard language, if we don't -- we're not sure, we continue it -- I'm sorry -- we defer it indefinitely. That gets you six months. Commissioner Gort: I'll use your word, indefinite. Ms. Thompson: Thank you. Commissioner Gort: You're welcome. Chair Sarnoff There you go. There's our cheat sheet. All right, we have a motion for indefinite deferment by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, that's PZ.20. PZ.21 10-00291zt-b ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. 10-00291zt-b PAB Reso.pdf LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami City ofMiami Page 112 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Votes: FINDING(S): PLANNING ADVISORY BOARD: Pending recommendation on March 17, 2010. PURPOSE: This will allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Ana Gelabert-Sanchez (Director, Planning Department): Okay. Now it's PZ.21. The purpose of this amendment is to allow for additional floor -to -floor height within certain areas of the Urban Central Business District and high -density mixed -use transit zones. The additional floor -to -floor height will not allow an increase in overall height established in the Code. That is -- this one would allow -- if you remember, on the fransects 24 and above, we have a limitation of 14 feet per story, and if you do retail, you do 25. What this amendment does that on the transect on 24 and above, which would be the CBD (Central Business District), it would be Brickell, it would be Park West; that the build -- the story could be increased. It could go beyond the 14 feet and it will still count as one story, not two stories, as long as the overall height allowed by the fransect would not be exceeded. So what is -- Chair Sarnoff All right. Ms. Gelabert-Sanchez: -- what it's really doing is that -- it's a good thing. It's adding flexibility on the core for buildings to -- for the design of buildings and the construction of them, so it's something that we would support. Chair Sarnoff Thank you. All right, so do we have a motion on --? Commissioner Suarez: Motion. Chair Sarnoff -- PZ.21? We have a motion by Commissioner Suarez. We have a second by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. This is a public hearing. Anyone from the public wishing to be heard on PZ.21? Grace Solares: I have only one -- Grace Solares, Miami Neighborhoods United. I have only one question. I heard Ana mention the one specific site, the Brickell something or other. Ms. Gelabert-Sanchez: No. I said -- let me clarify, and maybe that's what I was (UNINTELLIGIBLE). I said T6 24. I stand corrected. It's T6 36 and above. I apologize. My mistake. Thirty-six is including Brickell, includes Central Business District. It includes Edgewater. It includes Park West. It's that area. Chair Sarnoff All right. Anyone from the public wishing to be heard on PZ.21, please step up. Hearing none, seeing none, public hearing is closed. Gentlemen, any discussion on PZ.21? Hearing none, seeing none, it is an ordinance, Madam City Attorney. City ofMiami Page 113 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 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 passed on first reading, 4-0. PZ.22 10-00316zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO INCLUDE A DEFINITION OF "CULTURAL FACILITIES"; BY ALLOWING THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCLUSIONS FOR CULTURAL FACILITIES AS AN ALLOWABLE USE IN SINGLE FAMILY AND DUPLEX RESIDENTIAL (SUB -URBAN) ZONES, AND TO GRANT EXCEPTIONS FOR PROFESSIONAL OFFICES, LODGING, MUSEUMS AND PRIVATE CLUBS AND RESTAURANTS AS ALLOWABLE USES EXCEPT IN SINGLE FAMILY AND DUPLEX (SUB -URBAN) ZONES, THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; PROVIDING DEFINITIONS AND AMENDING SECTIONS 23-1; 23-2, 23-6.1 AND 23-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPLEMENT THESE AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT: Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow the Historic and Environmental Preservation Board to grant exclusions for Cultural Facilities' use in Single Family and Duplex Residential (Sub -Urban) zones and to grant Exceptions for professional offices, lodging, museums and private clubs, except in Single Family and Duplex (Sub -Urban) zones, through the Certificate of Appropriateness process, when the result leads to the preservation of a significant historic structure. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff Absent: 1 - Commissioner(s) Carollo Chair Sarnoff PZ.22. Ellen Uguccioni (Planning Department): good evening, Mr. Chairman, members of the Commission. Ellen Uguccioni, preservation officer. PZ.22 is an ordinance that is essentially related to Chapter 23, the Historic Preservation Code. But this particular provision allowing conditional uses for a special use in a particular district is actually from Article VII of 11000, the former Zoning Code. So what we're doing is transplanting, if you will, the uses that we had as conditional uses in Chapter 23 as conditional uses into Chapter 23 now as exceptions, and City ofMiami Page 114 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 that includes professional offices, lodging, museums, private clubs. That kind of thing. That would mean it would go through a hearing before the HEP (Historic and Environmental Preservation) Board. We've also included in this ordinance an exclusion, and we've defined exclusion. It refers only to cultural facilities, ballet, dance, music, and that would be an allowable use in every district except single-family and duplex residential, and we think that that allows the HEP Board an additional use, that they might apply for adaptive use in a building that has become obsolescent and give it a new life. So we would like your approval. Chair Sarnoff All right, so PZ. 22, is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. It is a public hearing. Anyone from the public wishing to be heard on PZ.22? Hearing none, seeing none, coming back to the Commission. Ms. Uguccioni: Mr. Chairman, if you'll pardon me, sir. We did forget to add restaurants, and that was a use that was included in conditional uses. So ifI may include that, sir, as a possible exception. Chair Sarnoff Maker of the motion accepts the amendment? Commissioner Gort: Yes. Commissioner Dunn: Yes. Chair Sarnoff Seconder of the motion accept? Commissioner Dunn: Yes, sir. Chair Sarnoff All right. It's now incorporated. I got to be honest, I have some issues with this. Nina West: That changes the ordinance. Can I say something about that? Chair Sarnoff So you think a new public hearing has to be opened? Ms. West: Well -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. It was not opened. Chair Sarnoff Oh, it was not? Ms. Thompson: No. Chair Sarnoff I thought I said -- Unidentified Speaker: Yeah, you did. Ms. Thompson: Oh, I'm sor -- Chair Sarnoff Okay. Public hearing's opened. City ofMiami Page 115 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Thompson: I'm sorry. Chair Sarnoff You can be heard. Ms. West: Nina West, 3690 Avocado Avenue, Coconut Grove. I had a house in the Design District, which was part of a contributing structure. It was next to a restaurant, which then became Food for the Poor, which was -- as living next to it, it was a better use. I never thought that a restaurant would cause an enormous amount of problems in a residential district, but they weren't great at picking up their trash after a Saturday night, a lot of noise, a lot of fumes, a lot of comings and goings, a lot of beer bottles on the lawn, a lot of things of that nature. And even though this is probably not going to affect me here in Coconut Grove, I certainly feel for the people who live in these districts, and I don't think that they should be subject to that, at least without a special exception. Thank you. Chair Sarnoff Okay. Thank you. Madam City Attorney or to the Administration, I mean, I have some issues with this. Your -- I take it that this will be Miami 21. I should be using, I guess, T3 and T4. This would not be allowed in T3 and T4, correct? Ms. Uguccioni: It would not be allowed in T2 and T3 and T4. Chair Sarnoff Well, there is no T2. Ms. Uguccioni: Yes, sir, that's correct. Chair Sarnoff Is there a T2? Ms. Uguccioni: No. Chair Sarnoff Okay. I thought I missed that one. Ms. Uguccioni: That's a song. Chair Sarnoff T3, and is it allowed in T4? Ms. Uguccioni: No, sir. Chair Sarnoff So it would start then at T5? Ms. Uguccioni: That's correct. That's my understanding. We use the language medium -- I think we said medium density. Chair Sarnoff Or I could use the Rs, if you want? But if -- Ms. Uguccioni: Yeah, I'd rather. Chair Sarnoff -- we're going to convert to Miami 21 -- Ms. Uguccioni: Right. Chair Sarnoff -- in a matter of moments, so to speak, then what you're telling me is in a T3, which is single-family home, in a T4, which is limited commercial? How would you describe it? Ana Gelabert-Sanchez (Director, Planning Department): Well, T4 would be three stories. T4 R would be the equivalent -- it would be a town house. City ofMiami Page 116 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Okay. Ms. Gelabert-Sanchez: It's a three-story. Chair Sarnoff So essentially, once you get to multifamily dwelling -- Ms. Gelabert-Sanchez: Which would be T5 -- Chair Sarnoff All right. Ms. Gelabert-Sanchez: -- which would be the equivalent to what today's R-3. Chair Sarnoff Then you're saying that these uses are allowed, cultural facilities? Ms. Uguccioni: They could be. They -- Chair Sarnoff Could be. Ms. Uguccioni: -- could be, sir, if they were an exception, if this ordinance -- Chair Sarnoff So you have to get an exception? Ms. Uguccioni: That's correct, through the Historic and Environmental Preservation Board. Chair Sarnoff And necessarily, I guess as Nina West said, just because you're zoned T5, you may still have what appears to be either a T3 home or an R-1 home -- Ms. Uguccioni: Right. Chair Sarnoff -- right adjacent to a historic neighborhood, so to speak? Ms. Uguccioni: Right. Chair Sarnoff But -- Ms. Uguccioni: And there are -- Chair Sarnoff -- the protection afforded is that there would be a special exception? Ms. Uguccioni: Yes, sir. It would go through public hearing, and the board is required to look at parking and the impacts, obviously, to the neighboring surroundings, and that's what our staff report would address. The restaurant is in -- the restaurant use is already in our Code in Article VII that passed, I think, sometime in the summer. It came up. It was adjacent to Brickell. It was the Petit Douy that we were talking about, so that was a use, Commissioner, that actually was included in conditional uses, so what I'm frying to do is parallel now what Article VII had said. Chair Sarnoff Who brought this up? I mean, who's pushing this ordinance? That's not a fair statement. Who's the author of the ordinance? Ms. Uguccioni: I wrote it, sir, andl was directed. Chair Sarnoff And were you directed by the HEP Board? Ms. Uguccioni: On the conditional uses, absolutely. Chair Sarnoff On the conditional uses. City ofMiami Page 117 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Uguccioni: Right. What used to be the office, museum, lodges, and so forth, that was in Article VII of 11000, and that we definitely need to deal with adaptive use of historic structures. Chair Sarnoff I mean, I look at this and I look at lodging, museums, private clubs. I mean, it just seems like you could be putting some -- Ms. Uguccioni: Yeah, I know. Chair Sarnoff -- free open uses -- and I understand you're in a T5. You're not in somebody's single family, but on the other hand -- Ms. Uguccioni: I think, sir, it's been really judiciously used over the years. There are not very many. Warner Place right now is being used for offices. The old Cuban Embassy -- and it's in Little Haiti. I cannot remember the address off hand. That is being used for offices. Trying to think. There's a private club use that was allowed. So there are not very many of these that we have in place. Miami River Marina, I believe, has a special use there. Chair Sarnoff So I take it your purpose in doing this is to bring a use to a facility that is already historic so that it has a justified and long-term use? Ms. Uguccioni: Absolutely. And I should also say this that the adaptations necessary to convert it into that use cannot be so severe that it will destroy the historic fabric of the building. So it's a very, very difficult thing to do, and it has to be justified in a number of ways. Chair Sarnoff What about the parking requirement? Would they not be exempt as a result of being grandfathered in? Ms. Uguccioni: The -- we have process called waivers, and if the use changes that, yes, their parking would have to be calculated for the new use. But the HEP Board has a provision that allows them to grant waivers for good cause. Twenty percent of the setbacks, twenty percent of the open space, but for parking, the language in our ordinance says the board may reduce the parking requirements up to 100 percent, provided there is evidence that shows there is shared parking or some other arrangement. Chair Sarnoff Okay. All right, anyone else wishing to be heard? Public hearing was opened. I think the public hearing was closed. PZ.22, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Your roll call. This is as modified? Ms. Chiaro: As modified. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. City ofMiami Page 118 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Thompson: Chair Sarnoff? Chair Sarnoff I'm going to vote no. I can be convinced, but I actually need to see some photographs. I mean, I need to see a set of photographs. I'm never comfortable putting parking in anyone's neighborhood that's not provided for parking. I think it's an unfair -- I think it's very unfair -- I understand it's a balancing act and you want to preserve these buildings. You're going to have to convince me. Ms. Thompson: Your ordinance has been passed on first reading, 3-1. PZ.23 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 04-08-10 Fact Sheet.pdf 08-006801u-Submittal-Tangela Smith.pdf 08-006801u-Submittal-Steve Hagen.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 Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. City ofMiami Page 119 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.23 was deferred to the Commission meeting currently scheduled for April 8, 2010. PZ.24 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 04-08-10 Fact Sheet.pdf 08-00680zc-Submittal-Tangela Smith.pdf 08-006801zc-Submittal-Steve Hagen.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. 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 Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the Record: Item PZ.24 was deferred to the Commission meeting currently scheduled for April 8, 2010. City ofMiami Page 120 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 09-01453b DISCUSSION ITEM DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453b Discussion Page.pdf 09-01453b-Submittal-Mayor Regalado.pdf DISCUSSED Chair Sarnoff Let's do the Mayor's agenda, and let's go to -- Mr. Mayor, I'm going to give you latitude to do M.1, M.2, RE.11, and DL 1 -- gentlemen, pages 44, 45, 15, and 16 -- at your -- where you'd like to go with it yourself Mr. Mayor. Mayor Tomas Regalado: Thank you, Mr. Chairman, Commissioners. I think, just to keep the order, ifI can start with the pensions and unions issue. And today, I'm presenting to you this memo regarding those issues. The purpose of this memo is to report to the City Commission the progress the Administration and union leaders have made thus far to mitigate the rising costs of pensions. In the last three weeks, the City Manager has met with union leaders to discuss the viability of different options. The focus of this Adminisfration has been on trying to make a difference between long-term and short-term solutions because we recognize the need to balance the City's budget as well as provide stability for future generations of the City ofMiami. As requested by the City Commission, the City's actuary, Mr. Mike Tierney, has met with all of the elected officials to discuss in more details the current pension obligations and projections for the next five years. Now the timeline for discussions and negotiations to commence is fast approaching. As per collective bargaining agreements with the FOP (Fraternal Order of Police), detention officer, AFSCME (American Federal State County Municipal Employees) Local 1907, and AFSCME Local 871, on or before April 1 of this year, the unions shall notify the City in writing of their intention to renegotiate their agreements in force now. Thereafter, exactly on May 1, 2010, the City will present the unions with proposal it desires to negotiate. The Adminisfration will be scheduling executive sessions with the elected officials to provide up-to-date briefings throughout this process. Now this [sic] executive sessions, I think, are important because it would give the members of the Commission the possibility of discussing many issues. My understanding, Madam City Attorney, is that it [sic] doesn't have to be a record of this [sic] sessions, just the fact that we all met -- and we're talking the City Attorney, the City Manager, myself all the members of the Commission. It's permitted by the Sunshine. And then you all will be able to interact with the Adminisfration and the actuary and present your ideas to the Administration. Now I don't know ifMadam City Attorney, Manager, that you want to schedule the first executive session. We should do it the sooner, the better; and we can work with your calendars to see when is possible or we will want to hear from you before any schedule. So that's -- but it's -- and I understand that maybe next week is bad 'cause some members of the Commission are out of town, but maybe we can schedule for other weeks so we fall -- and the Manager will be out of town for three days, so I guess that if we do it -- not next week, but the other week -- Julie O. Bru (City Attorney): The scheduling can be worked out with the Manager. It doesn't have to be done, you know, on the record now. Mayor Regalado: Okay. So you know that we are -- we really want to do this the sooner, the better because we want to be on time. We want to be -- we need the unions to give us their proposal by April 1. We want the City to give back the proposals on May 1 so we don't have the City ofMiami Page 121 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 same scenario that in years past, we kept delaying and all that. So the unions and the Administration continue to work towards a plan that will provide our employees with a competitive, but affordable pension in this [sic] trying times. I would also like to invite the unions to go over the books of the City ofMiami, to bring their experts, and we will open the budgets, the books, the projections. Anything and everything that they want to see, they will have it. So it's a sign that we all want to work in good faith. So that's the update on the pensions and the contracts. Keep in mind April 1 and May 1 are important dates for this to happen. M.2 10-00181 a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE (I) THE AMENDMENT AND RESTATED AGREEMENT TO ENTER INTO GROUND LEASE ("AMENDMENT AND RESTATED AGREEMENT TO ENTER"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO GROUND LEASE AND (II) THE AMENDMENT AND RESTATED GROUND LEASE(S), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE GROUND LEASE, BOTH BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR: (1) FLAGSTONE'S OPTION TO DEVELOP THE MEGA -YACHT MARINA WITH ITS ANCILLARY FACILITIES, RETAIL, PARKING, HOTELS AND ALL OTHER RELATED FACILITIES (THE "PROJECT") IN ITS ENTIRETY ALL AT ONCE OR THROUGH PHASED DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2) EXTENDING THE POSSESSION DATE FROM FEBRUARY 1, 2010 TO FEBRUARY 1, 2013, OR SOONER, AT FLAGSTONE'S OPTION; (3) EXTENDING THE CONSTRUCTION COMMENCEMENT PERIOD FROM THIRTY-SIX (36) MONTHS TO A MAXIMUM OF TWO HUNDRED SIXTEEN (216) MONTHS (EIGHTEEN (18) YEARS); (4) ESTABLISHING A PAYMENT SCHEDULE COMMENCING WITH THREE HUNDRED THOUSAND DOLLARS ($300,000) AND INCREASING TO ONE MILLION SIX HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($1,675,000) BY YEAR 2017, SUBJECT TO CERTAIN CREDITS; (5) EXTENDING CERTAIN MILESTONE DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT, COMPLETION, AND OTHER DEVELOPMENT MATTERS; AND (6) PROVIDING FOR SECURITY DEPOSIT(S) ON A COMPONENT BY COMPONENT BASIS; FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND TO EXECUTE SUCH FURTHER AMENDMENTS TO THE AMENDMENT AND RESTATED AGREEMENT TO ENTER AND TO THE AMENDMENT AND RESTATED GROUND LEASE(S), AS MAY BE NECESSARY FROM TIME TO TIME AND TO ACCOMPLISH CONSTRUCTION OF THE PROJECT, ON A COMPONENT BY COMPONENT BASIS AT FLAGSTONE'S OPTION, PROVIDED THAT SUCH AMENDMENTS ARE NOT SUBSTANTIAL AND (A) ARE IN ACCORDANCE WITH THE PROJECT REQUEST FOR PROPOSALS AND ALL ADDENDA THERETO; (B) ARE IN ACCORDANCE WITH THE VOTER REFERENDUM OF NOVEMBER 6, 2001; (C) WOULD RESULT IN NO REVENUE REDUCTION TO THE CITY; AND (D) WOULD NOT EXTEND THE CONSTRUCTION COMMENCEMENT PERIOD PAST THE MAXIMUM TWO HUNDRED SIXTEEN (216) MONTHS PERIOD. 10-00181 a Agenda item will be distributed prior to CC.pdf 1 0-001 81 a -Submittal -Law Department.pdf City ofMiami Page 122 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Carollo R-10-0144 Chair Sarnoff Mr. Mayor, you're up on Flagstone, which would be M.2, page 45. Page 45. Mayor Tomas Regalado: Thank you, Mr. Chairman, members of the Commission. What was given to you this morning was, Mr. Vice Chair, exactly the document that was given to the members of the Commission several days ago. The only thing that was changed was a paragraph, some language to clarify, but the essence was exactly the same. Today, we are back with the Flagstone and -- issue, and what is important here is that, number one, through these talks, we realized that the documents in past amendments were not that clear for the City, so a lot of work was done. And number two, it's -- it has a timeline for the construction and a timeline for payments. Myself I think the most important issue here is that beginning on February -- last February, Flagstone has 54 month [sic] to complete construction of marina component. If that is not met, then they will be in default. So you will see other timelines, but I believe and we believe that this is important because we are looking at 2014, the first ofAugust of 2014 to complete construction of the marina component of the project. If that is not happened, then it is written in the contract that they will be in default. As you know, there have been discussion on the hotels components and that is part of the agreement. They -- also, if you approve this today, -- the rent that they have to pay this year will be $300,000. All payments are to be paid monthly, in advance, beginning on the first day of the month. And additional provision regarding percentage rent payments are included in the amendment and restated agreement to enter and in the form of each ground lease. There's -- so there's several documents that you all have. There's also, and I need to place it on the agenda, too, the commitment of Flagstone, and it's included in the lease amendment, the signature of the labor peace agreement that this Commission approved several years ago. And ifI can ask, Mr. Chairman, Brian May to comment on that issue because they had had talks with the unions regarding this? Chair Sarnoff Your recognized for the record, Mr. May. Brian May: Mr. Chairman, members of the Commission, Mayor, thank you very much. Brian May's the name, offices at 235 Catalonia in Coral Gables. With regard to the labor peace agreement and the labor peace provision, I think, as all of you know, as a requirement by City resolution, there has to be a labor peace provision now in the ground lease and the agreement to enter, and we've agreed to do that. In addition to that, we have spoken with the unions and we will work with them to come back to the Commission and commit that within 120 days. We will, you know, have a signed labor peace agreement with the unions so that those issues are not ongoing or lingering as we move through the process and get the project financed and get it up and running so -- Mayor Regalado: Thank you, Brian. So here's the new amendment. I know that you all have been briefed. Mr. Manager, if you want to add something. We believe that this -- it's a good deal for the City because we, as stated by the Commission and the Administration, do not want to kill this deal. We want to work with them, but we also need them to understand that the City has priorities, and their mechanism here, I know that Commissioner Suarez wanted to have provisions that, you know, you don't pay, you don't build; you give us the key. And that's part of the agreement. And so, Mr. Manager. Chair Sarnoff You're recognized for the record, Mr. Manager. City ofMiami Page 123 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Carlos A. Migoya (City Manager): Thank you, Mr. Chair. The Administration has worked really hard on this, and again, I apologize to Vice Chair Carollo for being so late in getting all the agreements together, but you know, we worked 'til the last minute on this issue. The basic way we looked at it pretty much the way the Mayor said is if you look at the eight -- the next eight years, if everything goes according to plan, we-- the City will collect 8.1 million -- $8,175, 000, and we will have a marina and retail built in this space. If it doesn't work as planned, either if the payments are not on time or the marina is not delivered on time or the retail is not delivered on time, then we walk away from it. But frankly, with the economic conditions that we're in today, I don't know that if we were to walk away that we would have the benefits that we're discussing here over the next eight years. Having said that, the idea of the two 5-year options to be able to provide the hotel construction, again, based on the economic conditions we have today, are probably a wise situation. And the way we looked at the approach of this renewal was a way not just look at an extension of one or two years, but look at a holistic approach on the feasibility of building this project in a manner that would be worth it. So if everything were to work correctly, we will have at least one hotel built and the entire marina -- and by the way -- and it's important that everybody understands that a deepwater marina in downtown Miami would be the first deepwater marina south of Pier 66. And for those of you that have the river near your heart, a deepwater marina would have huge positive impact to the industry -- the marine industry that's in the river today with the additional mega yachts that would be in the City, so that would actually have benefit to the marine industry in the river as far as being able to do repairs and work on those kind of yachts. So this would be a big benefit to the City. The one change from the time that when we did the briefing to each and every one of you, we have that 45-day window in which the City will be able to work with the State to fry to make sure that they do the approval and stay within the price that we have, but I believe we've added a 30-day clause that after the 45 days, if we don't get an agreement, that Flagstone has the option to be able to do that as well. So basically, we believe that end of that period of 75 days, we should be able to get State approval. And if we don't, again, this is another option to walk away if that should be the case from Flagstone's side so -- Mayor Regalado: Other issue that had been a concern for the members of the Commission was the litigation in terms of the lien, and the City Attorney had already resolved that issue with Flagstone. Madam City Attorney. Julie O. Bru (City Attorney): Yes. With respect to a certain lawsuit that was recently filed against the City seeking some equitable remedies regarding some payments due to some of their professionals, they have agreed to reimburse the CityAttorney's office for any reasonable attorney's fees and costs that we incurred in defense of that lawsuit. Mayor Regalado: And it will be done in-house. It will not -- you will be doing this in-house. Mr. May: Mr. Chairman. Mayor Regalado: So -- Mr. May: Could I comment? Chair Sarnoff Mr. May, go ahead. Mr. May: I just want to clarify the record and concur with the City Attorney -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. May we have a name for the record? Mr. May: I already -- Chair Sarnoff He put it on before. He needs -- every time he speaks you want him to --? Okay. City ofMiami Page 124 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 He put on his name and his address. Mr. May: Thank you. I just want to concur with the City Attorney and the Mayor that Flagstone has agreed to defend the City in essence, understanding that the City requires its own counsel, right, in any litigation. Flagstone has agreed, in essence, to really defend and to do the work on the case. We believe these cases are frivolous in nature in terms of their being filed against the City, and we'll work very hard to help the City overcome them. Chair Sarnoff Then I have a question then. Maybe it goes to Mr. May and maybe it goes to the City Attorney. 'Cause we just got sued, the Sieger Suarez Architectural Partnership, Inc. -- no relation, okay, I thought -- versus Flagstone Island Gardens and the City ofMiami, in which case it's an -- it is a lawsuit which names the City ofMiami. How --? I mean, lawyers usually say we would have a hold harmless and indemnity agreement. Do we have a hold harmless and indemnity agreement with you? Ms. Bru: The agreement is -- and it has to be memorialized, but we're putting it on the record now -- that they will reimburse the City for attorney's fees. They have not agreed to indemnify us should there be any damages awarded. Should we not prevail in this lawsuit and there be any damages awarded as against the City, they have not agreed to indemnify us for that. Now the current agreement that's in existence, the agreement to enter, has provisions about liens filed and the fact that they're supposed to remove the liens, discharge the liens. That is still in effect between the parties. So to the extent that there is still an agreement between the parties that required them to discharge any liens placed on the property, technically this is not a lien on the property. It's a vendor seeking to be paid for services rendered. We currently do not have any agreement from them that would indemnify the City should the City be held liable for damages in the lawsuit that we were served on Friday. Chair Sarnoff Then, with all due respect, how, in good conscious, can I --? First -- the first count is a declaratory judgment. Okay, that doesn't say a lot. Second count is not well -stated since I can't find the second count. Breach of contract, Flagstone. That's not us. Count three is foreclosure of construction lien, Flagstone. Count four is unjust enrichment, inequitable remedy, Flagstone. Count five is unjust enrichment, City ofMiami, so there's our naming. Count six is equitable lien, Flagstone. And count seven is equitable lien, City ofMiami. So on two of the seven counts, the City ofMiami is named. I fried to go through this and figure out the approximate costs. It's in front of Judge Gisela Cardonne, who I'd like to say is a great judge. I may be in front of her on a few cases. But my point is this could easily be a couple of hundred thousand dollars. And if they're going to defend us -- all they're really saying is we'll pay you your time and effort in defending this, and if there's a judgment against you, you're on your own. Ms. Bru: That has not been agreed to, so this is something for you to take into consideration. Chair Sarnoff I -- you know, Mr. May, in good conscience, this is a deal killer for me. I mean, if-- the City ofMiami did nothing to not pay these bills, and for us to -- I mean, I have no problem if you want to do a hold harmless and indemnity agreement with the City. In which case, you defend us, you pick your lawyers, and you indemnify because your lawyers lose, you pay. But how, in good conscience, can I as -- on behalf of the taxpayers of the City ofMiami, for a deal that's just being restructured based on the economies, I agree -- but how is it that I could imperil --? See, what if this law firm --? You have about, that I recall, seven or eight lawsuits against you right now? Mr. May: I don't know that -- Chair Sarnoff Some number. Mr. May: Some number. City ofMiami Page 125 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff What if everybody started amending their complaints and adding the City of Miami for an equitable remedy? Why would I, number one, use her resource and she's complaining her budget's getting cut? She's really not, but I'm just -- she will. And why would I imperil the City ofMiami taxpayer to deeds and actions that they had no involvement? I mean, I think it's a fair term. I think it's incredibly fair that you just simply enter into an indemnity and hold harmless agreement for the City ofMiami. Are you willing to do that? Mr. May: I would have to have a chance to confer with counsel, Mr. Chairman, but I think -- Chair Sarnoff Could we table this for the afternoon? Mr. May: I think we would rather have Alex Tachmes -- Chair Sarnoff Okay. Mr. May: -- deal with this at the moment. Alex Tachmes: Good morning, Mr. Chairman. Alex Tachmes, for the record, with Shutts & Bowen. Mr. Chairman, your comments are obviously reasonable. We know that this is our responsibility. We just got a copy of the lawsuit yesterday afternoon. We haven't discussed the hold harmless and indemnity with our client. What we did indicate to the City Attorney is that starting tomorrow morning, we'd have a partner -- our litigation department meet with the City Attorney and Warren Bittner, whoever else would be handling it, to do all the work and analysis, and you guys can piggyback on that as you like, while at the same time keeping your own counsel. With regard to the indemnity and hold harmless, it was not to delay the matter. What I would suggest -- obviously, it's up to you to decide -- is we'd hope that you'd approve it and add that to it, if you like, and make it subject to it. And if it's something that our client -- it's not palatable, then obviously the deal collapses. Chair Sarnoff Okay. Mr. Tachmes: But -- Chair Sarnoff And -- Mr. Tachmes: -- I think your points are reasonable and -- Chair Sarnoff Okay. Mr. Tachmes: -- there's nothing the City has done wrong, so your comments are well taken. Chair Sarnoff Madam City Attorney, I can make that subject to a hold harmless and indemnity agreement ftom Flagstone for any and all lawsuits sued again -- served and sued -- any and all lawsuits filed, served against the City ofMiami. Ms. Bru: Obviously, with the understanding that their ability to provide indemnity is based on their ability to pay that so -- Chair Sarnoff That's a good point. That's a good point. Commissioner Gort: That's a tough one. Chair Sarnoff Yeah, it is. It's a good point. I had one other comment for the lawyers 'cause I'm -- I was looking at sections nine and ten of the agreement, and I just wasn't sure what the City ofMiami Page 126 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 language -- I think I know what the intention is. I don't know if your language succeeds in doing that. And I think this is what think the City -- and by the way, Mr. City Manager, best briefing I ever had from you was on this agreement. You made me understand it. But from a lawyer's standpoint, I think your intention is the walk away, and I think sections nine and ten of your bullet points are intended for your walk away. And I sort of had this -- well, I had this discussion with the City Attorney where we were both debating exactly what nine and ten meant, and does it simply mean that the leasehold and all rights are extinguished and the lease comes back to the City -- the leasehold interest comes back to the City ofMiami, which is, I think, your intent. But I'm not sure, if you read nine and ten, you get all the rights back. Ms. Bru: IfI may, Mr. Chair. Andl know you andl had this discussion yesterday and we further clarified it and the Mayor put on the record that there is a specific construction schedule that is an affirmative obligation on their part. They have to build the marina by a certain date. They have to build the retail part and the parking by a certain date. Should they default with respect to that specific construction schedule obligation, the City may exercise its remedies, including the right to terminate the lease and retake possession of the property. This language in nine and ten addresses the concept that has been discussed and negotiated and memorialized here about the option that they have to build the hotels, so that in the event that they don't successfully complete construction of the hotel components pursuant to that option, the City then has the right to develop the hotels. They continue to have their leasehold interest in tact. However, they have to pay the rent -- the payment schedules as agreed to in this term sheet. Chair Sarnoff So -- then does the City then develop the hotels with a new entity subject to the lease? Ms. Bru: Those details I really couldn't discuss with you now because I've heard that the way that the design is being proposed could entail the platform where -- or the foundation where the retail and the parking is, and then the air over it -- the air rights over it would be where the hotels are built, or it could be configured in such a way that there could actually be a separate portion of the leasehold estate not encumbered by that development. So at this time, I really can't address that. Perhaps they could better. Chair Sarnoff Well, maybe the City Manager can 'cause I want to know what his intentions are. Mr. Migoya: Frankly, if we get the deepwater marina, we get the retail facilities, and there's a foundation here for the hotel, I think we've gone, (UNINTELLIGIBLE) in here -- whether or not there will ever be a hotel built in this site is a different issue. Now having the development rights are wonderful. The question is what would the cost be to be able to allow the development rights to be used? And that would -- I think is something that maybe should be better defined, but it's not defined at this time. Mr. May: Mr. Chairman, if -- Chair Sarnoff Mr. May. Mr. May: I might be able to help here. At the end of 96 months or at the time that a first hotel is actually built, then each of the components of the development have separate and distinct ground leases. The marina will have its own ground lease. The retail will have its own ground lease. And the hotels, each of them would have their own ground lease. So the City would be able to assume the rights and take back, in essence, the ground leases for the hotels if we decided -- if we did not build them by 96 months and did not actually exercise the options, then those ground leases would be extinguished and revert back to the City. However, the marina and the retail ground lease components would remain in effect. But the City would have the right then to assume the development of those hotels. City ofMiami Page 127 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff And I hear what you're saying, Mr. May, which is that it would be a separate component, but what I'm hearing the Manager say, and correct me if I'm wrong, Mr. Manager, that once they build the retail, there will be a pedestal built for the hotel. Mr. May: Not necessarily. Chair Sarnoff Not necessarily? Mr. May: No. It -- we could have -- and this is important for everybody to understand. The retail can be built in one of two ways, and it's going to really depend on financing. It can be built where all of the parking for the entire project is contained as part of the retail component, which sits, in essence, on the front end of the parking, or the retail can be built with just the parking for the retail and the marina. And we have not crossed that line yet from a financing standpoint to really understand what's doable. If we don't build the parking for the hotels, then what we have agreed to with the City -- what we have discussed and will agree to in the documents is that we would provide whatever utility leads and all the infrastructure that we need to provide for the ground upon which two hotels with their requisite parking would sit. If we're able to build all of the parking in connection with the retail, then there would, in fact, be foundations for the hotels. Because if we decided to exercise the options and come back and build the hotels, we would want that infrastructure and those foundations in place. So that's, in essence, how -- Chair Sarnoff I hear what you're saying on the record. And does the record become part of the agreement? Ms. Bru: Absolutely, Mr. Chair. When we get ready to draft and finalize these documents, everything that is said in this meeting today will be part and parcel of what gets memorialized, and that was the clarification that I wanted to be put on the record 'cause, potentially, there's two ways to develop this and it does affect the rights that the City would have, whether we would have rights to take back an actual leasehold interest or just take back a development right. Chair Sarnoff Right. So I understand it -- maybe so the other Commissioners do too as well -- if they build the entire parking pedestal, we get a development right. Whereas, if they don't build the entire parking pedestal, we're going to get that leasehold back. Okay. Mr. Migoya: Mr. Chair -- Chair Sarnoff Yes. Mr. Migoya: -- I think from our standpoint, I would be better off -- we would be better off if they did just build -- frankly, at the end of the day, what we want them to do is make sure they have the marina and the retail and would be willing to do that. I think it would be a much cleaner situation. But we'll discuss that further as we go along. Chair Sarnoff Okay. I apologize, gentlemen. I kind of hogged that. Anybody else? Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Reverend -- excuse me, Commissioner Dunn. Commissioner Dunn: That's okay. Chair Sarnoff I'm sorry. Commissioner Dunn: Not a problem. Just wanted to thank the Madam City Attorney for a City ofMiami Page 128 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 prompt response. I just wanted to do that publicly on the record. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you. I'd like to begin by saying that in the February 25 meeting, I requested a point of privilege and I asked the City Attorney as far as the negotiations with Flagstone -- and although I'm not going to state everything, the reason for it, I would quote from the minutes. 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 a 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, so that's why I'm bringing it up. I want to make sure we have two weeks. I want to make sure that, you know, we have an 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 I 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. With that said, at 8:30 in the morning -- I had everyone in my office synchronize their watch, including Madam City Attorney -- we received this package. Now, you're right, Mr. Mayor, some of those things in this package were the same, but at the same time I've heard over the years growing up the devil's in the details, so then we have to go through this and see what are the details that have been changed. Additionally, the memorandum from the City Attorney answering Mr. Dunn's questions were provided for the first time. Backup to that was provided for the first time. So it just wasn't two or three things that was changed. So the fruth of the matter is, whenever you put something on the record, Mr. Chairman, I see -- I don't see counsel rushing to give you an answer. They need adequate time to review it, so I don't know why -- and I'll tell you. Makes me look bad 'cause I came late 'cause I had to review this and read it, you know. It makes it look like a word that's been used in the past with Flagstone, makes me look like manure 'cause I come here and -- late. And the fruth of the matter is because I received this at 8: 30 in the morning when we're supposed to start the meeting at 9. And I don't think it's fair. I think that this Commission needs to start setting precedence that -- the truth of the matter is there's a five-day rule. And in all fairness, we should have everything we need with adequate and sufficient time to read it. This is a 75-year lease. Look at it. It's 12 o'clock. You know, I don't know how much time I'm going to have for questioning. I mean, this is a 75-year lease. And I'll go on a limb and say that, most likely, most of us won't be around at the end of this lease. So the truth of the matter is -- Commissioner Gort: I know I won't. Mayor Regalado: I won't. Vice Chair Carollo: Well, I'm going out on a limb now, Mr. Mayor. Commissioner Dunn: Not too much of a limb. Chair Sarnoff I know I don't want to be. Vice Chair Carollo: So, you know, that's the very first issue I have. I mean, realistically, you know, it's a 75-year lease. Why do I, at 8: 30 in the morning, when I'm getting ready, you know, to -- you know, getting the last-minute things prepared to start this meeting, have to now receive this and say -- I'm not going to say what I said, but you know -- and start reading and start, you know, deciphering this and that when I don't even have a, you know, law license? I'm not an attorney. So, at the very least, I think we should start setting precedence and either defer this or, at the very least, make sure we have adequate and sufficient time to read this document. With that said, you know, it -- I've always followed the will of this Commission. You know, I'm ready to argue and debate, should we have to. I have questions, but, you know, I really believe before I City ofMiami Page 129 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 say any of -- or ask any of the questions that have, I really think, realistically, we need to start, you know, setting precedence and letting everybody know that before we actually hear something, give us adequate time to actually review, analyze, especially when we're discussing a 75-year lease. Chair Sarnoff Mr. Mayor. Mayor Regalado: Mr. Vice Chairman, I was you and -- Vice Chair Carollo: So you understand. You should agree with me. Mayor Regalado: I totally understand. And I -- you know, we are -- we're trying to get on the Cabinet's agenda in the next 30 days. I think that we're making progress. Probably the City of Miami will have two items in the agenda, and I understand. Actually, there is a 45-day window that has to do with us going to the Cabinet, so I would ask the City Attorney and the Manager, if -- I don't think we have a problem bringing this back in the first meeting ofApril, if that is the will of the Commission. I understand that there are -- there is a sense of urgency on their part because of financing. That's the key for them to move. They cannot do anything at all in financing if they don't have the commitment. That, by the way, depends on -- most part, on the Cabinet of the State of Florida, so, you know, it's -- and I understand. I complained like you did when they brought this at the last minute. My understanding was that what was brought to you this morning was just a -- some three or four lines that were changed. And yes, the response to Commissioner Dunn, I did not had [sic] it. I have it now; I was given this this morning. But, I mean, it's up to you. This is your deal. It is your responsibility. We are moving forward on the Cabinet issue. If we get on the agenda, probably there will be questions for the backup and we have to say that this has not been approved by the City Commission, so we are in sort of a catch-22 here frying to get to the -- to Tallahassee and trying to help them get the proper financing for the project. Chair Sarnoff Mr. Mayor, when's the soonest you'll get on the agenda for the Cabinet? Mayor Regalado: We were hoping to do that in April. I don't know yet the exact date, but think that we are frying to -- and our intergovernmental liaison is working with the people in Tallahassee, and I think that we are being successful in getting into the agenda for next month, butl don't know what day of the month is. Vice Chair Carollo: So in -- Chair Sarnoff I think -- Vice Chair Carollo: I'm sorry, Mr. Chairman. Chair Sarnoff Go ahead, go ahead. Vice Chair Carollo: So in essence, there's a good possibility we're going to have another Commission meeting before that date in the State? Mayor Regalado: I don't know, Mr. Vice Chairman. I don't know exact date. Do we know the exact date -- Mr. May: Mr. Chairman? Mayor Regalado: -- of the Cabinet? Vice Chair Carollo: What's -- and I'm sorry, Madam City Clerk. What is our next Commission City ofMiami Page 130 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 meeting? Ms. Thompson: April 8. Vice Chair Carollo: April 8. Chair Sarnoff Or we could -- Vice Chair Carollo: So -- Chair Sarnoff -- call a special meeting next Tuesday. Vice Chair Carollo: I will not be in town next Tuesday, which might be to someone's benefit, but I will not be here -- Mr. May: Mr. Chairman? Vice Chair Carollo: -- in Tues -- on Tuesday. Mayor Regalado: But that's why he wants to call the special meeting. Vice Chair Carollo: Well, like I said, it might be to some people's benefits. Chair Sarnoff Wait. You all act like I knew that or something. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized, Commissioner Dunn. Commissioner Dunn: I mean -- I want to ask the Vice Chair -- I respect and I wanted to know if perhaps -- and I know we got a loaded agenda and we're trying to get out of here as well. What's the possibility of us coming back after lunch? Maybe -- that still doesn't satisfy? Vice Chair Carollo: All I'm saying, after lunch it's a 75-year lease. So let me ask you something, Mr. May. On the indemnify [sic], would you be able to come back after lunch and give us an answer? Mr. May: I think we already gave you an answer. Vice Chair Carollo: So -- Mr. May: The answer is sub -- you make -- you're -- we're agreeing that you can make our -- your approval subject to the indemnification. Vice Chair Carollo: And then let me ask you something. Have they provided audited financial statements as far as -- are they able to pay should we get sued? Have they provided that information to us to see if they have the ability to pay? Mr. Migoya: I'm not aware, but I can probably find out and -- what that looks like at this point in time. Mr. May: Mr. Chairman. Vice Chair Carollo: So since there's questions lingering and so forth, don't -- City ofMiami Page 131 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Migoya: We don't -- Vice Chair Carollo: -- you think it's better to -- Mr. Migoya: -- have audited statements on -- Vice Chair Carollo: So we don't have audited financial statements. So, in essence, even if they indentify [sic] -- identify [sic] us -- Chair Sarnoff Indemnify. Vice Chair Carollo: Yeah, indemnify. I'm not an attorney. I'm sorry, Mr. Sarnoff. -- the fruth of the matter is we might still be on the hook. Don't you think that maybe this will allow us to work some of these things out? Chair Sarnoff Mr. May, you want to say something? Mr. May: Sure. Commissioner Carollo, Vice Chairman, listen, for whatever part that Flagstone played with regard to your not, you know, getting this document in a timely manner, we sincerely apologize. However, I do believe that there was information shared throughout the process with the City Commissioners. I think there were documents delivered at least on one occasion that I'm aware of but I'm not privy to all that. As far as the, you know, audited financial statements, obviously the City can require whatever it would like with regard to the indemnification. I will tell you that the terms that are sitting here for Flagstone are not light terms, all right. They've got to start paying retroactive as soon as, you know, we get past the State issue. They've got to start paying every single month, okay. They've got to deal with all the liens that are on the property. They have to restart the entire financing process. We've already released the escrow to the City. If Flagstone was really in such a position that they couldn't carry out their duties under the agreement, they wouldn't agree, first of all. Second of all, it is really important that we begin to move on in terms of the terms and conditions of an agreement for the sake of the project. What this ExhibitA says, what our letter said to you back, you know, on the 25th ofJanuary or 26th ofJanuary, is that on February 1, the clock starts ticking for Flagstone on the extension. And one thing that we don't want to do is lose a whole lot of time between now and at least getting the terms approved by the Commission in detail, and this is a very thorough, very thorough attachment that will go to the documents. This is the deal. We can now take this ExhibitA and give it to the financial folks and give it to the lenders and say these are the terms and conditions. This is what we have to build, this is when we have to build it, this is what we have to pay, and this is when we have to pay it. These are our options with regard to the hotels, okay. This is what we'd have to pay for the options. This is what happens to our option payment if we're in the middle of building a hotel into one of the option periods. It's very detailed. It's very thorough. So we would implore you and respectfully ask you that we at least get to an approval of these terms. We're happy to be here all day and answer any questions that you may have and iron out any issues that you may have, but we really do have a need to get going because what this says is our clock starts ticking on February 1. And when we do get past the State issue and we -- believe me, we'll be putting our resources fully into that effort to help the Mayor and to help your staff and Administration achieve that, and we think it's very achievable. You know, we've got to make a retroactive payment to February 1. But what we really can't afford to do at this point is have the terms of what our deal will be with the City going forward -- in the detail that's contained in ExhibitA here, we can't afford to go much further without having those improved [sic] because everyday, every week we go further is just more time we're losing in terms of really being able to clearly communicate to the lenders and the financial community what it is our deal is. So I just want to sensitize the Commission to that and respectfully ask you that -- you know, we really would like a decision to move forward today. Mayor Regalado: Mr. Chairman, ifI may? City ofMiami Page 132 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Mr. Mayor. Mayor Regalado: Just -- we still have to come back after Tallahassee. We have 45 days. Yes, we do. Ms. Bru: By approving the terms that have been memorialized in this exhibit, you're simply authorizing us then to expend the next two to three, four weeks actually drafting the documents, which is quite a labor, and we didn't want to do that unless we knew that you are, in principle, approving the terms. So you're not committing the City right now. You're committing us to the -- expend the resources to memorialize that in the final documents that will be presented to you for final consideration. Chair Sarnoff Well, let me do this then 'cause I'm going to call the question. But what I'd like to put in there in addition to the hold harmless and indemnity agreement, that the City Manager be satisfied by a security device that would indemnify the City of not less than $200, 000 and whether that -- he's going to choose that to be a bond, a security deposit, whatever satisfies you that they're able to pay up to $200, 000 for the indemnity for any of the lawsuits. That would be my motion -- Commissioner Suarez: Second. Chair Sarnoff -- to approve. Vice Chair Carollo: There is a motion by Chairman Sarnoff, seconded by Commissioner Suarez. Now, with that said, I have questions then. And by the way, like you expressed, Mr. May, a very thorough document with details, specific details and so forth. Then now I am being placed in a position to vote on when you saw me rushing in here in the morning because I received the documents at 8:30 in the morning, regardless of whose fault it is. And by the way, I appreciate from both parties the negotiations in good faith. However, the bottom line is, now I am being put in a position to vote on a 75-year lease when I received the final documentation at 8:30 in the morning. I fruly do not believe that's fair, Mr. Chairman. Chair Sarnoff Well, here's why I -- Vice Chair Carollo: Mr. Chairman, I have the floor. Chair Sarnoff Well, I'm asking you to yield the floor? Vice Chair Carollo: No. You gave me the gavel. I'm sorry. Chair Sarnoff Okay. Vice Chair Carollo: With that said, if we are going to take a vote, I have questions. Madam City Attorney, in number 9 -- and by the way, this first line of questioning is going to be a three-part question. On number 9 in our document, it stipulates if construction of any component does not start according to the construction schedule, then the right to build that component expires. What exactly does "the right to build that component expires" mean? And where is it stipulated in the document? Ms. Bru: Commissioner -- Vice Chair, I believe that we tried to clarify that on the record earlier because, as written, that is a bit ambiguous because obviously this is a term sheet; all the specific details are not included, but the idea is is that they have certain affirmative obligations that they have to comply with with respect to the components. We know that they are required, absolutely required to build the marina. At a -- they have to commence on a specific date, they City ofMiami Page 133 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 have to complete it on a specific date. If they don't do that, we know that we have the right to terminate and retake possession. Likewise with the retail and the parking for the retail, they have a specific date that they have to commence, a specific date that they have to complete, and if they fail to do so, we retake possession and terminate the lease. This language, I -- it's intended to address the other components, the hotel components that are optional. And if they don't develop the components in accordance with the construction schedule for those components for the hotels, then they lose the right to develop, but they still have to continue to pay the same payments that they've agreed to pay. Vice Chair Carollo: How about the retail component? Ms. Bru: The retail, they have an absolute obligation to commence and complete within the time set forth in this schedule. Vice Chair Carollo: Not jumping to my second part, but what is the start date on the retail component and where is it? Ms. Bru: Okay. That is found in Exhibit A, page 1 of ExhibitA. For the retail component, they have to -- Vice Chair Carollo: What's the start date? Ms. Bru: You know, I don't see a start date. I know they have to complete it. And, Mr. May, if you -- Mr. May: Sure. It's February 1, 2013. It's the very first bullet. Thirty-six months from 2000 -- from 2/1/2010 to start consfruction of the marina component and retail parking component. Vice Chair Carollo: It says marina component construction may be started separately once applicable conditions present for marina component have been met. It doesn't have a start date. And again, I'm not an attorney, butt would like to see a start date. Mr. May: The start date is 36 months for the marina and the retail components. All this says is that we can start the marina -- if we get financing for the marina separate and apart from the retail, then we can -- if we can get that in the first 12 months, then we want to be able to start that in the first 12 months before we have to actually get financing and start the retail. That's the intent. Vice Chair Carollo: It says marina component construction "may be" started separately once applicable conditions precedent for marina components have been met. I still do not see anywhere here that says that it needs to be started at a certain date or by a certain time. Mr. May: Yeah, the first sentence. Vice Chair Carollo: And again, I apologize. I'm not an attorney. Mr. May: It's all right. Two thousand two -- February 1, 2013, 36 months from 2000 -- from 2/1/2010 to start consfruction of the marina component and retail parking components. So we have until February 1, 2013 to start the marina and the retail components. All this -- all that last sentence refers to is that if we can separately start the marina sooner, we want the opportunity do that. That's all. Vice Chair Carollo: So then you -- in essence, you have 36 months? In essence, you have 36 months to start both? City ofMiami Page 134 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. May: Yes, sir. Vice Chair Carollo: And then once -- if you do not start the retail within that 36 months, then you're in default? Mr. May: Sure. Yes. Vice Chair Carollo: And then default is not starting a component, which is what I believe was stated earlier on the record, then that would cause that component or their ability to build that component to expire, and then should it expire and they don't have the ability to build it, what does that mean? Does that come back to the City, the plans or so forth or what exactly --? Ms. Bru: Again, Mr. Vice Chair, I think you raised a very good point because Section 9 was a -- read out of context, didn't describe the entire deal as it is. I think you have -- we have to read Section 9 in conjunction with the other sections that do impose an absolute obligation to do certain things at a certain time, and I believe what Section 9 deals with then is those components that are, you know -- that could be done on an optional basis going forward and what would happen then with the rent -- with the payment schedule. And Mr. May, if you want to add to that, please. Mr. May: I don't. I don't have anything else to add actually. Any other question --? Any -- if you want to -- I mean, the answer is if we have time frames here 36 months to start the marina component and the retail component, at 54 months we have to complete construction of the marina component -- Vice Chair Carollo: Or? Mr. May: -- 72 months, the retail parking, or we're in default. We have to construct that. Vice Chair Carollo: Where is that stipulated? Mr. May: In the agreement. Vice Chair Carollo: Really? Could you show us where? Could you show me? Hey, I just received it at 8:30 in the morning. I really would like to see where in this agreement does it say that if you do not complete something on time, there's a penalty and what's the penalty and so forth. Commissioner Suarez: Mr. Vice Chair, ifI may? Vice Chair Carollo: Go ahead, Mr. Suarez -- Commissioner Suarez: Thank you, Mr. Vice Chair. Vice Chair Carollo: -- Commissioner Suarez. Commissioner Suarez: I think -- Vice Chair Carollo: And Commissioner, with that said, I don't want to relinquish the floor. Just -- it seems like you wanted to answer that question. Go ahead. Commissioner Suarez: No. I have a couple -- well, maybe I should wait 'til you finish your -- Vice Chair Carollo: Please. City ofMiami Page 135 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Suarez: -- because I have some other -- okay. Vice Chair Carollo: Please. With that said, I think my question was where does it stipulate in this agreement that if it's not completed on time, what will be the penalty? What will be the --? Ms. Bru: Mr. Vice Chair, you're right. I don't think that this term sheet, this business term sheet specifies what would be the City's right, but it -- generally speaking, that is the under -- you know, it's understood that if they have an affirmative obligation to do something and they don't do it, it constitutes -- Mr. May: We're in default. Ms. Bru: -- a default, unless stated otherwise. And I think that's why we're taking this painstaking efforts here to put that on the record so that as we go forward to finalize the documents, the definitive documents, that will be clearly stated that that is a default and then the City will exercise all the remedies available under the default provisions. Vice Chair Carollo: Thank you, Madam City Attorney. And in all fairness, I understand generally speaking. However, I'd like to see it here. I mean, yeah, call me skeptical. And you know what? As an auditor, as a former investigator, yes, I always have professional skepticism. I'm sorry. But you know what? I'd like to see it written in this document. Ms. Bru: Mr. Vice Chair, then you raise a good point, and I think that we should for the sake of clarity and that -- going forward when we sit down to actually revise the agreements and finalize them, that there's no dispute, we will put what you're -- what we are discussing here, we will put it as part of this item that you're going to be voting on. We will amend it to reflect that clear provision that such a default will be a default treated, you know, under the default provision and allowing the City the right to exercise remedies, including termination of the lease. Vice Chair Carollo: And in all fairness, maybe I'm out in left field, you know, but the truth of the matter is I would like to see some of that in writing before I actually vote or before I actually vote yes. And you know, maybe I'm out in left field. Mr. Manager. Mr. Migoya: Mr. Vice Chairman, I'm not an attorney either. Vice Chair Carollo: That's why we get along. Mr. Migoya: Exactly. And probably I paid too much money for attorneys in the past, which is why we always do these things. But we've -- I've done a lot of term sheets in my life, and actually, what we've done here is negotiated the business deal. And you're absolutely right, we need to make sure that all those terms of default are in there. And as I understand it from the City Attorney, we will have -- you will have a right to be able to deal with that on the final document. So the idea here is to really approve the business transaction, the business deal that we've got here, and with the concept that the Mayor said to begin with, that if they don't make payments over the period of time or they don't start construction or completement [sic] in a given time, that constitutes an event of default. What I hear the City Attorney saying is that by putting it on the record, it constitutes them -- makes sure that that is part of the agreement when it comes forth to be able to finalize the agreement. So all I've have worried up 'til now is to make sure that we have the business side of it put together so hopefully the attorneys can put all the final documents, and then we can make sure when that comes back that everything that's on that final document is what we want it to be. Vice Chair Carollo: Well, Mr. Manager, with all due respect, I don't see them agreeing to too many things. I see the City and Madam City Attorney stating, but I don't see them agreeing to too many things. At least I haven't heard Mr. May in agreement. City ofMiami Page 136 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. May: I agree. Vice Chair Carollo: Okay. So that if you do not complete any part of the components, you will be in default? Mr. May: We will have to work on that in the actual agreement. The one thing that we all have to be careful of-- well, Mr. Vice Chairman, I want to just explain the issue. You want to understand. I want to try to be helpful. It's not in anybody's best interest if the retail is three-quarters of the way built and we're at the 72nd month and you say, oh -- and everything's moving along and we're going to complete it, and you say, no, you're out, default. The notion is that the construction schedule -- and this is why we have the completion time frames -- works with the payment schedule, which is later on in the document. And that payment schedule is designed so that regardless of when we finish something or when we start something, once we get beyond the 36 months, we have to pay the rent that's in this document. So on 2001 -- 2/1/13, it's a million dollars in construction rent and that goes all the way through to 2001 -- 2018, when we start paying $2 million. So regardless what is built or where we are in the construction process, by year, regardless of what we build or not build, we have to pay you those amounts of money as if we had built it. So, let me give you a for example. If after 96 months there are no hotels built, we still have to pay the City $2 million. If in 2000 -- beginning in February 1, 2017, if we only have one hotel built, we have to pay you $1, 675, 000. In 2016, if we have no hotels built and we're just still frying to get started on building hotels, we still have to up our rent to you, to $1.5 million. It's structured this way so that we don't fall into the situation that we just -- that I just explained where we could be maybe three-quarters of the way, 80 percent through construction, and the City says hey, you haven't finished. You need to get this finished, and we're trying to get it finished, but it hasn't gotten done. We need the ability to stay in the project, and the consideration for that will be that we're going to pay additional rent sooner than we would have. That's the notion. Vice Chair Carollo: You're going to pay additional rent that later will be credited? Mr. May: Well, by the time we get to 2001 -- 18, there's no credit for what we paid -- prepaid in construction rent. It's all gone, and the $2 million kicks in and that's it. Vice Chair Carollo: Okay. Mr. May: Plus after that, all your percentage rent starts. Vice Chair Carollo: Okay. If all the components were built -- and I'm going to jump to another point that I had -- wouldn't that 1 percent of additional from --1 percent from your gross revenues be more? So, in other words, there is a reason why I'm asking these questions. There's a reason why I want to see some of these components not only started, but completed. Obviously, right? Mr. May: Yes. Vice Chair Carollo: I want to talk a little bit about the numbers, ifI may. And bare with me, Commissioners. I know speaking about the numbers is usually a little boring. However, I think that's the reason why, you know, we have financial people up here, sitting up here now. Although, Mr. Manager, I agree, in essence, that after eight years, the annual amounts to the City is 8,175, 000, yes. However, in all fairness, the average person who reads this believes that the City is just obtaining that money and that's the money that it's making. It should be disclosed that on year 2/1/2018 from the base rent, we have to pay the State $300, 000. So that should be disclosed, which, in essence, it's not 8,175, 000; it's 7, 875, 000. City ofMiami Page 137 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Migoya: That is an accurate statement. Vice Chair Carollo: That is an accurate statement. And from the original lease agreement, the reason why we're paying the State $300,000 was for the whole project. So now, in essence, we're going to start paying the State $300, 000 on components. The significance about that is that if the whole thing was built, then the City would be receiving additional funds of 1 percent from the gross revenue of the whole project. Now we're still going to have to get -- pay the State $300, 000 and only be receiving that 1 percent from one component, maybe two components, I don't know. So that's why, again, I rose the issue as far as are there any penalties or what are the penalties and where's it stated here if you do not complete the project or a component? Mr. Migoya: Mr. Vice Chair, there is one penalty on the hotels, which is at $250, 000 a year, which not completely but somewhat offsets that $300, 000. And that was part of the intent to at least -- you know, the gross revenues on the marina and the retail is not as large as it is for the hotels, but the idea was to fry to get the hotels built as quickly as possible because that's where the big dollars come in. Mr. May: And Mr. Vice Chairman, ifI could also add. There's a flipside to this that if we exercise the option, then we, as the Manager pointed out, would be defraying the cost that you would have to pay to the City -- I mean, to the State at that point which, you know, begins in February 1, 2018 when the base rent kicks in. But I would say that if we don't -- if we didn't exercise the option, we would still have to pay you $2 million, we would still pay you the 1 percent gross at that point, which would kick in at that point. Vice Chair Carollo: Once completed? Mr. May: Wait. Excuse me. That would kick in for the marina and retail, which by that time has to be done. So you would be getting 1 percent -- you'd be getting your payment there. And in addition to that, the City would then -- if we didn't exercise the option, the City then would retain the development rights for the hotels. So in the long run, we would still be paying the 2 million, the 1 percent on the components, but the City then could actually have the opportunity to maximize even more revenue on the project by cutting a deal at the time with another developer to build and develop the hotels in which you would be free to negotiate whatever rent, whatever percentage rent you would want to do at that time. So I just wanted to point out there's a -- you know, we think it's fair because there's a flipside to all of it. So for whatever that is worth. Vice Chair Carollo: Mr. May, as a good attorney and negotiator, you're comingling so many things that, again, I would like to see it, you know, in the agreement. And, yeah, anything is possible and so forth, but what I am saying are facts. The truth of the matter is in 2018, we have to pay the State $300, 000, and we have no real agreement that the retail will be completed, and I'm taking the CityAttorney's word that if it's not completed, then we could obtain those rights. And, again, I would have liked to have seen it in writing here. She says that if we put it on the record, you know, it's sufficient, but I would have liked to have seen it here. And let's talk a little bit about that gross revenue because -- and I'm not going to put any of my colleagues on the spot, but I don't know how many of my colleagues and how many people have actually read -- and I believe -- give me a second. Exhibit G of the actual contract -- of the actual lease agreement. Gross revenue is not necessarily what everybody thinks gross revenue is. Each part has a different definition for gross revenues and all the things which each of them -- it's at least a quarter of a page long of exclusion for gross revenues. Is that correct, Mr. May? Mr. May: Yes. Vice Chair Carollo: So realistically, that 1 percent may not be much, and I really think we need to actually look at what gross revenue means because even 1 percent -- I mean, when we start looking at maybe some of the other marinas that we lease to in the City ofMiami, I have a City ofMiami Page 138 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 feeling all of them are much more than 1 percent. And again, this gross revenue is not necessarily what normal people believe gross revenue is. There's a whole bunch of exclusions and I really welcome everybody to take a look at Exhibit G from the original contract. So that's another issue that have. I think we really should look into what gross revenue is because it's 1 percent of additional revenues. That's a big issue I have. I mean, will you be willing to up it to 2 percent or --? Mr. May: No. Vice Chair Carollo: Reduce some of the exclusions -- Mr. May: No. Vice Chair Carollo: -- from gross revenues? Mr. May: No, we won't. And I don't want to mislead the Commission. We have had discussions with the Administration about this. We have gone through this issue extensively. The language that is in Exhibit G took literally seven months in the original agreement to negotiate with the City. It's mostly designed to stop double counting between the sub -ground leases and the master ground lease and making sure that not everything that's collected on the site is counted in gross revenue when it shouldn't be. And we're not willing to open that up at this point because that will take a very, very long time if we get into that, and it took a very long time to get it established in the first place. Vice Chair Carollo: So in essence, I'm put on the spot to approve this agreement that received at 8:30 in the morning, and a lease of 75 years that potentially could bring a lot more revenues to the City of Miami, and we're not going to negotiate. I have another issue. Andl think, Mr. Manager, you mentioned some of it. In number 15 of the statement -- excuse me. That's one of the things that was changed in the last minute. It stipulates here upon approval of this ExhibitA by the City Commission resolution, the City will have 45 days to perform due diligence on the state waiver of deed restriction. Why does the City have to go to the State? Why can't Flagstone? And is there a cost to that? And I hate to do this to you, but do -- are we going to need a lobbyist? Mayor Regalado: I will go. Vice Chair Carollo: Mr. Mayor. Mayor Regalado: I will go. I -- Vice Chair Carollo: The travel? Mayor Regalado: I'm sorry? Vice Chair Carollo: And the travel, will that cost the City any monies? Mayor Regalado: No. I would try to go by car. Vice Chair Carollo: And again, Mr. Mayor, I mean, I don't want to put you on the spot, but realistically, why does the City have to -- Mayor Regalado: Because -- Vice Chair Carollo: -- incur that cost and so forth? I mean, we had an agreement and now, because of the components issue, we have to go back to the State. So why isn't Flagstone ponying up some of that cost or actually doing it, and why does the City have to do it? City ofMiami Page 139 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mayor Regalado: Mr. Vice Chairman, the standard has been that the Cabinet requires a City representative to advance the issue in the agenda. In the past we had -- when we had the original Flagstone deal, the past Mayor and the Manager went there to sit before the Cabinet. I don't -- particularly, I don't believe that the Cabinet will deal with private entities. They would rather deal with governmental entities. But, I mean, if they pay the tolls, I'm fine. Vice Chair Carollo: With that said, Mr. Mayor, and -- you know, 'cause you're in front of me -- I don't know who to address this to. It stipulates here -- and again, I'm not an attorney -- upon approval of this ExhibitA by the City Commission resolution, the City will have 45 days to perform due diligence on the State waivered deed restriction, the State waiver. I mean, I don't know how easy it is for us to get -- go in front of the Cabinet, the State Cabinet, but what happens if the 45 -- if we cannot get before them within those 45 days? Therefore -- exactly. Therefore, on the construction base -- on the construction rent, which we're not going to be paying the $300, 000 the one, two, three, four, five years, then they impose that we have to pay them a fee 'cause they want their money too. They were expecting to be receiving 300, 000 for all those years. Now on the construction rent, they want a piece of money too. If the 45 days pass -- Mayor Regalado: Yeah, but -- Vice Chair Carollo: -- and then they want a piece too, we can't -- according to this, we're stuck. I mean, who's going to be liable for that amount from now on then? Mayor Regalado: After the 45 days, there's 30 days for Flagstone to decide if they, you know, walk out -- Mr. May: That's right. Mayor Regalado: -- or have the agreement. So we have a larger window to get into the Cabinet. My under standing is that what we try to do during this week was to get on the agenda. And we're -- I think we're positive that we will be able to get in [sic] the agenda. So after that -- and mind you, if the Cabinet decides no, it's no on the extension. They have to vote like you all vote. And -- but we will be there to argue the case of the City 'cause it's really the case of the City. And then they have 30 days. That's my understanding. Mr. May: That's right. Vice Chair Carollo: Now -- and with that said -- and you understand what I'm saying, right? They were expecting to be receiving the $300, 000 for all these years. Now we're going to be receiving a million dollars minus the credits for five years. I'm sure the Staters going to say, hey, wait a second, why are you receiving a million dollars minus the credits for the first three years or so forth? Where's our piece? Mr. May: They've already been through that though. They -- what they've -- what they already approved with the original -- Vice Chair Carollo: And I'm sorry, Mr. May. Could you -- Mr. May: I'm sorry. Vice Chair Carollo: -- just address --? And give me a second. I just want to make my point. Okay, so they want to get their piece. But not only that, Mr. Mayor, I don't see it written here -- and, again, you know, I've said it many times, I'm not an attorney, but it seems to me that if we don't go before them in 45 days, if any -- if they want to charge us anything, we don't have an out 'cause after 45 days, if we can't get this resolved with the State, yeah, we pass the buck onto City ofMiami Page 140 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Flagstone and they have 30 days, but realistically, we wield no power. We have no leverage. Mayor Regalado: Well, we have -- Vice Chair Carollo: And it doesn't stipulate anywhere here who will then have to pay any additional amount. Mayor Regalado: Well, you're right. But then we have the right to terminate. Vice Chair Carollo: I don't see it here. I don't see it here. Ms. Bru: Well, first of all, the partial modification of the waiver of the deed restriction that we obtained years ago from the trustees is not even effective yet. It's -- it would be -- their waiver, the trustees' waiver was to be effective at such time as the City and Flagstone were to execute the lease that they had reviewed back in 2002 or 3. So the fact that we're contemplating revising that lease requires that we have to go back to the trustees for them to look at the new terms, the new -- how the new lease is going to be entered into. So we have no waiver. We would have no waiver. And we would have no ability to enter into this lease. So unless we are successful in Tallahassee, we cannot enter into this agreement. Mr. May: Good point. Mayor Regalado: That's simple. Vice Chair Carollo: Nothing seems simple -- Mayor Regalado: No. I mean -- Vice Chair Carollo: -- with this deal, Mr. Mayor, with all due respect. I don't want to say can you repeat this again, but, yes, can you repeat it again? I want to make sure I'm clear on it. Ms. Bru: And again, Vice Chair, you always do bring up the fact that as much as we try to be clear and unambiguous in these documents that are provided to you, one always fails to express everything exactly the way that it should. And this document should be -- should say very clearly that the whole ability of the City and Flagstone to enter into this revised deal that you are contemplating is conditioned on obtaining a favorable outcome in Tallahassee because Tallahassee -- the trustees have to say yes to the City. Yes, you can go forward with this lease under the new terms that you are being -- that's being proposed. And if that's not clearly expressed here, now it will be as part of this record. Vice Chair Carollo: So, in other words, what you're saying -- ifI wouldn't be bringing all these things up, we'd be voting on this agreement and -- Is that what you're telling me? Ms. Bru: You know -- Vice Chair Carollo: IfI wouldn't be bringing all these points up, we'd be voting on this agreement and -- Ms. Bru: And leaving it up to the good faith of the parties not to argue about things later on. Vice Chair Carollo: Good thing I did a little homework, huh? And Madam City Attorney -- I'm sorry -- if we miss the 45-day window -- if we miss that 45-day window and they impose an additional fee on us, are we -- will we be liable to pay that amount? Ms. Bru: No, no, no. It is always within the control of the City to decide whether to go forward City ofMiami Page 141 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 with this transaction based on whatever happens in Tallahassee. Vice Chair Carollo: So regardless how much time -- 'cause ifI see it stipulated here, it says we have 45 days, so I'm concerned about that "we have 45 days." I don't see that, you know -- Ms. Bru: This -- putting that time frame in this agreement simply is just to motivate, to require the parties to act diligently and promptly to try to get this to a conclusion. So it puts an obligation on the City to try to get this done within the next 45 days. If we don't like -- if we think that the conditions that the trustees have imposed on us are unreasonable, then Flagstone has a shot at it, at being able to resolve whatever we believe is unreasonable. If they fail, then the deal's off. It's up to this Commission to decide whether you could live with it or not. Vice Chair Carollo: But we're not limited to 45 days? In other words, if it take us 60 days -- Mayor Regalado: Why don't you extend it to 60 days? I mean, it's fine. Mr. Migoya: Mr. Vice Chair, the reason for the 45 days was us because the quicker we resolve this thing, the quicker we get the rents from Flagstone. So we were -- we're the ones that imposed the 45 days and then they added the 30 to -- as additional safety, but it's not -- it really - - 'cause obviously, we don't start getting paid rent until the State approves us. Vice Chair Carollo: No. I understand. And my point is -- I understand as far as acting as soon as possible, butl don't want to limit ourselves now to those 45 days. And once those 45 days pass, you know, if the State increases the fee, we have to pay it. Mr. Migoya: Make it 60. Mayor Regalado: No, we don't have to pay. Vice Chair Carollo: Okay. I just want to put it for the record. Mayor Regalado: No, we don't have to pay. We just -- Vice Chair Carollo: Okay. Mayor Regalado: -- cancel the agreement. Vice Chair Carollo: Okay. On number 4 in our agreement, once again, it stipulates once a hotel receives either its temporary certificate of occupancy or its certificate of-- its temporary or its certificate of occupancy, whichever comes first, the option payments for that hotel stop. And the percentage rent payment beginning anniversary date starts running for that hotel and the percentage rent payments begin on the third anniversary. Why do we have to wait three years to start having the percentage rent kick in? Mr. May. Mr. May: That's what's in the current agreement. Vice Chair Carollo: Once the option payments stop, shouldn't the percent rent payments kick in right away? Why do we have to wait three years? Mr. Migoya: Frankly, I didn't look -- I didn't see that at all. I mean -- but typically, you do get rent stabilization before you have gross rent. That's probably why it was stated that way. I did not negotiate that directly. Vice Chair Carollo: You understand the option stops -- City ofMiami Page 142 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Migoya: And I think what they did is they went on the historical factor in how they -- the deal was previously negotiated, which is a normal commercial transaction of getting an opportunity for stabilized rents before they happen. Vice Chair Carollo: Well -- Mr. May: Correct. Mr. Migoya: We -- I mean, can we change it? Yes, it can be changed, but that's the way it was stated. Vice Chair Carollo: Well, I mean, in all fairness, I think it should change. I mean, if we stop getting the hotel option payment, then we should begin right away getting the percentage rent payment. Why do we have to wait three years before it kicks in? Mr. Migoya: Remember, the option payment was made as part of the five-year options. This three-year anniversary was built under the original assumption that the hotels would have been built within the first eight years and not necessarily in the five-year options. So if two of them were not directly related to each other, the penalty was built on the fact that if they wanted additional time, they would have to pay additional rent before they built the hotels. That's why the two things did not really relate to each other. Vice Chair Carollo: Yeah, but Mr. Manager, you understand what I'm saying? They receive their temporary certificate of occupancy, and they have a three-year window before they pay us the percentage rate payments. Why? Why do they have a three-year window once they build the hotel or they receive the certificate of occupancy or temporary certificate of occupancy? Why are we giving them a three-year window? Why don't -- as soon as the option payments stop, why shouldn't we start receiving the percentage rate payment? Mr. Migoya: That's -- it's a good point. It was a negotiated point. That's all I can tell you. Can it be changed? Anything can be changed. Vice Chair Carollo: Mr. May, can it be changed? Mr. May: No, no. We -- and the only reason -- I just wanted to clarify the reason that that is is because it's a, you know, commercially customary practice that when developments like this open up, they have a chance -- and typically, it's more than three years. It's usually five years. For instance, the baseball stadium, I think it's a five-year stabilization time period. But you have a period by which the development can open up and it can actually begin to make money, stabilize, work out the kinks, get everything correct. And that's why it was negotiated the way it was under the original agreement. And I will just point out that the only reason the option payments stop is because at the time when we receive a TCO (Temporary Certificate of Occupancy) or a CO (Certificate of Occupancy), we will have performed the actual act of constructing and finishing the hotel. If we default on that, it goes back to the City. The City would have the asset. So that's the reason that the option payments stop when they do. And by that point in time, if it's 96 months and we are into the option periods, we're already paying the City $2 million on the other two components, marina and retail. So we really -- it's not acceptable to Flagstone to start the percentage rent any sooner -- Vice Chair Carollo: So -- Mr. May: -- on the hotels, excuse me. Vice Chair Carollo: -- once you receive a temporary or a certificate of occupancy for any of the hotels, the option payments stop, and then for three years, they don't start paying us a City ofMiami Page 143 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 percentage rent payment? I don't think that's right. I don't think it's fair, and I think we're losing money once again. I think it's monies that the City should be receiving. Another point, another issue. What happens if Flagstone sells their interest? Does the City get a percentage of the sale amount or any transfer fee? And that was brought up with the Marlins also. So if Flagstone sells -- Mr. May: Not that I'm aware of. Vice Chair Carollo: -- any of their interest or sells their contract, transfers it, does the City receive anything? Mr. Migoya: Mr. Vice Chair, in the original agreement there was no transfer fee, so what they were doing was continuing with that -- with the original agreement that was done as part of the original transaction. Mr. May: But I -- Vice Chair Carollo: I understand that, Mr. Manager. Mr. May: The only thing I will point out is -- Vice Chair Carollo: I'm sorry, Mr. May. Mr. May: Sure. Vice Chair Carollo: I understand that, Mr. Manager. Maybe in the original agreement, but this is, in essence, on the agreement. I mean, yes, it's a new agreement with a lot of what was encompassed in the original agreement, but this is a new agreement. I mean, shouldn't some of these things be looked at before? Shouldn't they be included? Mr. Migoya: We -- Vice Chair Carollo: I mean -- Mr. Migoya: Actually, it was considered and it was negotiated and it -- at the end of the day, we felt that we could live with the way it was, but it was negotiated originally. Vice Chair Carollo: I mean, again, I think realistically, if we give this 75-year lease, you know, if Flagstone decides to build one part, let's say, the marina, maybe the retail, sell the rest of their interest, shouldn't the City receive something? That's my question. I truly feel that the City should. I mean, we did that in the Marlins Stadium. Commissioner Suarez: Mr. Vice Chair, may I on that specific issue? Vice Chair Carollo: Go ahead, Commissioner Suarez. Commissioner Suarez: Thank you. Is the contract freely assignable or does the contract have some provision which says --? Typically, in contracts of this size, they're not freely assignable, and usually at the time that a buyer is going to buy a contract, we that hold the right of assignment or the ability to prevent an assignment can at that point demand a percentage of the profits of that transaction, and it happens a lot in the commercial arena when people are transferring leases and such. So my question to you, City Attorney, is is the contract freely assignable or is it not freely assignable? Ms. Bru: Commissioner, I'm not as familiar with the underlying lease. Quite frankly, I've just City ofMiami Page 144 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 concentrated on these terms that have been negotiated over the last few weeks. I think it's freely assignable subject to some certain consent from this Commission, but perhaps your Administration, who's very familiar with that lease 'cause they've been living with it for seven years, can answer that question. Maldeline Valdes (Acting Director, Public Facilities): I only have a portion of the lease here with me, but, yes, it is assignable. It is assignable five years after the possession date or three years after the date of the last major component as it stands in this contract, but this contract's being modified so those are one of the things we would have to look at. Vice Chair Carollo: Therefore -- Mr. May: But it's not freely assignable. Vice Chair Carollo: I'm sorry, Mr. May. Therefore, should they sell -- Ms. Valdes: Excuse me. Vice Chair Carollo: Yeah. I'm sorry. Ms. Valdes: I didn't identify myself. Madeline Valdes, Department of Public Facilities. Sorry. Vice Chair Carollo: Thank you, Ms. Valdes. Therefore, the question I would have is should they assign it, do we receive any percentage of the sale or the transfer -- a transfer fee? Does the City receive anything? Or is it stipulated somewhere here that at the time of the sale, like you were mentioning, or the transfer, that the City can negotiate or can prevent them from assigning or transferring or so forth, and at that point require Flagstone to give us a percentage or an amount? Ms. Valdes: No. That's not stipulated in here. They're not required to give us a percentage of the transfer at all, nor is there a transfer fee. Vice Chair Carollo: So, in essence, they have free right and we -- again, money's there that we're leaving on the table that were not negotiated and we're not receiving. I don't know. In the Marlin [sic] Stadium, should they sell the team or so forth, I know there's a table, but the City will receive some revenues. Again, you know, here, a 75-year lease -- and by the way, I think the Marlin [sic] Stadium was only a 35-year lease or so forth, the agreement. This is a 75-year. And Mr. Manager, go ahead. Mr. Migoya: Mr. Vice Chair, just a point of clarification, it goes back to Commissioner Suarez's question. We don't have a transfer fee, but we don't know with the information we have here whether there are any restrictions on how -- whether the City reserves the right to approve assignability, which is -- which customarily we have in our leases. We don't know whether it is in this lease or not because the document is quite large and we'd have to do the research to give you the answer on the assignability. Vice Chair Carollo: Oh, no, no, no, no, no, Mr. Manager. We've had plenty of time to review this and look at it and so forth. Eight -thirty, plenty of time. Come on, you gotta have an answer. Mr. May, you want to speak? Mr. May: I just wanted to clarify one thing. There are requirements in the document that Flagstone cannot give up control of the project for a certain period of time. I believe it's five years after the completion of the last component, which, I think in this case, would be, you know, a minimum 96 months, 8 years. But in addition to that, I did want to point out that if fractional units are sold, the City does receive 2.5 percent of the gross sale on those units, so that would primarily be in the second hotel where fractional units are. If they're sold, the City gets 2.5 City ofMiami Page 145 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 percent of that sale. So I just wanted to clarify. That's all. Vice Chair Carollo: Any additional amounts or so forth, would Flagstone be willing to negotiate or would you be willing to stipulate? Mr. May: No. Vice Chair Carollo: No. Mr. May: Not today. Vice Chair Carollo: Not today. Mr. May: No. And just "no, " I think, is a better -- I don't think we're willing to renegotiate those type of business terms, you know, any further from the original agreement. Vice Chair Carollo: Of course. I mean, I don't want to say you have the votes, but if you have the votes, I wouldn't negotiate it either. But anyways, with that said, question, something that came up in the -- the last time we discussed Flagstone. Actually, the last time we actually discussed the letter and so forth. Is there any security deposit? Because ifI remember correctly, we had to go after their security deposit because they weren't paying us the rent. Is there any security deposit or is there a performance bond or a letter of credit in this agreement? Mr. May: The City Attorney can answer that. Mr. Migoya: None, right? Mr. May: Not with regards to the agreement to enter. Vice Chair Carollo: Mr. May, I'm sorry. You even said "the City," so if -- Mr. Migoya: We said none. Vice Chair Carollo: None. Shouldn't we have some, Mr. Manager? Ms. Valdes: The original lease agreement does provide security deposits, but again, since we're amending that, we don't know what we're going to agree to in the future. So the security deposits in this exhibit are not included, but in the original lease there were security deposits required. Vice Chair Carollo: And I'm sorry, Ms. Valdes, we don't know what we're going to agree to in the future. Ms. Valdes: Well, they're not in this exhibit, and we haven't negotiated those items. No. Vice Chair Carollo: So they're not in the exhibit and that's why, I guess, I couldn't find them. I mean, Mr. Manager, should we include the security deposit or a performance bond, letter of credit? I mean, don't you think that would be in the City's best interest? Mr. Migoya: There's two ways to deal with this, one in which the tenant has a right to cure. That's usually a lot of times where you have the deposit. In this case, where we had this trigger that if they had any payment of default that we could take it over immediately. That's part of the reason why the -- not the deposit was in this situation, so -- but either way, you can go about it, there is no right to cure on this one. It's basically at any default, we can take the property back, so for that reason, there was no deposit. City ofMiami Page 146 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Vice Chair Carollo: Okay. I disagree, but -- Question for either Ms. Valdes or the Administration or you, Mr. Manager. Mr. Migoya: She keeps hiding in the back, but she's here. Vice Chair Carollo: Is there anywhere in this agreement or in the lease agreement that stipulates that every five or ten years we should do an assessment on the percentages and so forth, like we have with some of our other marinas? Ms. Valdes: Madeline Valdes. No, there isn't a requirement to do fair market appraisals or anything like that. What there is is a CPI (Consumer Price Index) increase requirement. Mr. May: Right. Vice Chair Carollo: Do some of our other marinas --? Ms. Valdes: Adjustment, I'm sorry. It's not an increase. It could be -- Vice Chair Carollo: I understand. Do some of the other marinas that the City have leases with have this adjustment or every `X" number of years? Ms. Valdes: Yes, we do have agreements that do require fair market appraisals after five years or seven years of having the lease. Yeah. Vice Chair Carollo: So this is not uncommon? I'm not out in left field somewhere. Ms. Valdes: No, no, it's not uncommon. Vice Chair Carollo: And do we have this in this agreement? I'm sorry. Ms. Valdes: In this agreement, no, it's not. Vice Chair Carollo: Again, I believe we're leaving money on the table. Is this something that you'd be willing to negotiate, Mr. May? Mr. May: I don't know what you're asking specifically; if you want to ask it again. I didn't understand specifically what you were asking. Vice Chair Carollo: Every five, ten years, whatever we decide, we do a -- sort of like a review, and maybe Ms. Valdes could explain the details of it -- but in order to adjust monies that the cities [sic] would be receiving, an additional amount. And as far as the details, maybe Ms. Valdes could explain that because I know we do have that with other marinas. Mr. May: Well, I think with -- Vice Chair Carollo: Mr. May, I'm sorry. Ms. Valdes. Ms. Valdes: Normally what we do is we reappraise the project as it is after five or seven years, whatever time we agree to, and then we establish fair market value at that time. If the fair market value is less than what they would be currently paying, then the rent stays as it is. If the fair market value increases, then we adjust the payments to that increase. Normally we would get two appraisals or we share the cost of two appraisals and then we discuss or negotiate that increase. Vice Chair Carollo: Mr. May. City ofMiami Page 147 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. May: Okay. Simply from the standpoint of trying to finance the project, which, of course, has always been the dilemma here and it's basically why we're here, we would not want to agree that every five years we would reappraise the project and then establish a new rent schedule. That would be detrimental to us frying to secure financing for the project to begin with. And we do think it's covered because in the base rent we have a CPI increase that's built into it after the 96 months. Once we hit the base rent of $2 million, it ticks up each year in accordance with CPI. So we think that there is a built-in mechanism to make sure that, you know, the City's revenues are keeping up where -- with the mar -- where with the market is at the time. Vice Chair Carollo: I disagree with you, Mr. May, but again, I'll yield to the Administration. Ms. Valdes, there's obviously a reason why this has been done, and I can see why you wouldn't want to agree to something like this 'cause you may actually have to pay the City more monies and the City may actually, you know, obtain more of the monies that believe it should. Mr. Migoya: Mr. Vice Chair. Vice Chair Carollo: Yes, Mr. Manager. Mr. Migoya: Besides the CPI, the other way you adjust it typically, at the end of the day, any commercial property's value is nothing more than a net present value of the cash flow streams. So by getting a percentage of the revenues, you're in a sense getting a percentage of the values. So as the revenues grow and the value grows, you get a -- you should get a higher percentage of the -- I mean, not a higher percentage, a higher dollar amount because your percentage of the sales grows. Vice Chair Carollo: Mr. Manager, did you read Exhibit G? And I hate to put you on the spot now. Did you read Exhibit G? Mr. Migoya: Exhibit G is the one with the -- Vice Chair Carollo: The gross revenue, what you just stipulated. Have you seen -- Mr. Migoya: Yes. Vice Chair Carollo: -- all the exclusions? Mr. Migoya: And actually, that's one of the things that it continues to be negotiated and will be as part of the finalization of it. Vice Chair Carollo: But Mr. Manager, everything continues to be negotiated, but yet, I am asked to vote on this agreement, a business agreement. Everything continues to be negotiated and I'm -- why are we here? We should be out to lunch. We should bring this back, you know, in the next Commission meeting and realistically then have everything before us that has been negotiated and then we can vote. I mean -- everything is being negotiated, but yet, I'm being asked to vote on this. I should be -- we all should really, you know -- Mr. Migoya: I stand corrected. We had negotiated the gross revenues, the clause and this is the way it was finalized. Vice Chair Carollo: You think it's fair? I hate -- you know what? I don't want to put you on the spot. I also would like to ask the Administration, this project was not able to be built because of finances and so forth, and I understand the economic times. However, was the second bidder ever contacted? City ofMiami Page 148 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Mr. Migoya: No, it was not. Vice Chair Carollo: Shouldn't that have been an option? Ms. Bru: I don't believe that that was part of the solicitation process. And keep in mind that the selection of this particular entity occurred many, many years ago and then there were lots of things that occurred. So going back to the second bidder at this point I do not believe is a legal option. Vice Chair Carollo: Because it's my understanding that the bid was out just for a marina and the retail, and I think most of them, that's what -- exactly what they bided in, then came this project with the hotels and so forth. I -- Mayor Regalado: Can I just --? Vice Chair Carollo: Yes, Mr. Mayor. Mayor Regalado: Because I'm memorializing the -- I think that Willy and I were here. This project, after it was selected by a committee which were like outsiders appointed by the Commission, went to the voters. It was a public referendum and it won. So whatever we want to do in the future, I believe that it has to be done by referendum, if we were to change the project or do something else. But I remember that this particular project, the Flagstone -- it was called at that time Island Gardens, I think -- it went -- Mr. May: It still is. Mayor Regalado: -- to the voters in the City ofMiami, and they approve it 76 percent it was. That's the way. That's my recollection of what happened. So I just don't think that any other plan could be looked at it because the voters specifically won on this one. Vice Chair Carollo: Right. And when they weren't able to build it and so forth, the term expired. So, yes, we would have to go to another referendum. But then again, it seems like we have elections every year so that shouldn't be a problem -- Mayor Regalado: I don't mind -- Vice Chair Carollo: -- piggybacking and -- Mayor Regalado: I like referendums. Vice Chair Carollo: Exactly. So -- and you know, you and I think alike in a lot of things so -- and as a matter of fact, I think -- I know the person who actually sponsored the resolution to -- for it to go to a referendum, specifically with Watson Island. The irony that now I'm sitting here and, at least in my eyes, I'm sort of defending Watson Island, so what -- you know, what an irony 20 years later or so forth. But with -- Mayor Regalado: Mr. Vice Chair, I'm sorry; I need to be excused because the Mayor of Port-au-Prince is here. They have to go. Commissioner Dunn and I were hosting an event for him, and so I need to go. They have to go somewhere. So ifI may be excused. I don't know if you -- are you going to vote now or defer or --? I just want to know. Vice Chair Carollo: Well, we have a motion -- Commissioner Gort: We have a motion. City ofMiami Page 149 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Vice Chair Carollo: -- and we have a second. And although I agree with you 100 percent and I think we all should have been at lunchtime, Flagstone started before, you know, going to lunch, and the truth of the matter is, I hate to call the question right away on a 75-year lease, you know, because we want to go to lunch and there's certain dignitaries here. I mean, with that said, I think it's quite clear how I'm going to be voting, at least now, unless it's deferred and some of these issues are addressed. Chair Sarnoff Mr. Chair. Vice Chair Carollo: Yes, Mr. Chairman. Chair Sarnoff This will come back to us. Whatever -- all this is is a term sheet. A term sheet is nothing more than coming up with terms that we recommend be put into the agreement. You will see how those terms marry with the language of the agreement that's either satisfactory or unsatisfactory to you. Another reason I'm supporting this is there's not another company out there called "Gladstone." If there was a Gladstone out there and they were willing to build something, I might be able to entertain more onerous terms. In the environment we find ourselves in today, I sort of applaud the Mayor, I sort of applaud the Manager. I think they are salvaging what could be an incredibly good situation for the City ofMiami, especially with regard to the deep -water access to mega yachts. Miami has absolutely lost the mega yacht business to Fort Lauderdale. These are people that the economy doesn't affect quite the same way as the rest of us. It would provide incredible repair opportunities and facilities for the Miami River. And being a maritime lawyer, I have watched in my entire career every maritime repair facility leave Miami, move to Fort Lauderdale, take those jobs, over 35,000 of those jobs, and even if we could get back 6 or 7,000 of those jobs of these mega yachts, it's a great idea. So I'm going to ask you to call the question. Vice Chair Carollo: Mr. Chairman, I'm not saying that I'm against a mega yacht marina. I'm not saying that. And I think you said that you weren't against the Marlins and the Mayor said he wasn't against the Marlins. However, it's the terms. I think we could get better terms. I think we could obtain more money. So it's not like I don't want this project to go forward. It's not like I'm trying to kill this project. It's not like I don't think we should develop Watson Island and make it a mega yacht marina and have the hotels. That's not my point. My point is -- and like I said, I think two people from the prior Administration that are here now had the same arguments. I think the terms need to be further negotiated and they need to be better. We should obtain more monies. I mean -- I lost track how many things I brought up, and it seems like I was correct, and it seems like it wasn't thought of before I brought it up. And, again, I really think it's not fair that at 8:30 in the morning, that's when, pool,' it gets dropped off in my office. That's not right. With that said, any further discussion? Mr. Migoya: Point of clarification, Mr. Vice Chair. Vice Chair Carollo: Yes, Mr. Manager. Mr. Migoya: You asked about the transferability. We do have the right to approve transfer. There's nothing about any fees, but -- and we have to answer within 45 days of that request. Vice Chair Carollo: That's in the original agreement? Mr. Migoya: Yes, sir. Vice Chair Carollo: Thank you for that clarification. And Mr. May before we take the vote, but I think everybody wants to leave. Mr. May: Absolutely. Mr. Vice Chairman, first of all, I want to just thank the Mayor, I want to City ofMiami Page 150 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 thank the Administration, I want to thank the legal staff. Everybody's worked very, very hard on this, and we just appreciate everybody's time and consideration. That's number one. Number two, just for the record, I want to say that there actually are security deposits required under the ground lease. They roll on as each component is actually undertaken and entered into, and I just wanted to put that on the record, that there are security deposits related to the ground lease. So thank you. Vice Chair Carollo: Sure. Any further discussion? All in favor, say "aye." No. Commissioner Gort: I want to make a statement. Commissioner Suarez: Yeah. I actually would like to make a statement too before voting. Commissioner Gort: I think you need -- Vice Chair Carollo: Okay, so -- Commissioner Gort: -- you need -- Vice Chair Carollo: Hold on, hold on. Whoa, whoa, whoa. Hold on. You said before voting, so you didn't vote? Commissioner Suarez: Yeah. I'll withdraw my vote and make a statement and then I'll vote -- Vice Chair Carollo: Okay. Commissioner Suarez: -- once we call the question. Vice Chair Carollo: Now, as far as procedure, Madam City Attorney. Ms. Bru: Quite honestly, I don't know who made the motion, so perhaps the Clerk can help us out. Who made the motion? Ms. Thompson: The motion was made by Chair Sarnoff and seconded by Commissioner Suarez. Ms. Bru: So I guess what you're asking for now is a motion to reconsider the apparent vote that just occurred, unless -- perhaps you weren't really voting. I'm not too sure. Vice Chair Carollo: Exactly. I'm not even sure who voted, who didn't, and so forth. Commissioner Gort: Call the roll. Vice Chair Carollo: So can we say that it wasn't --? Ms. Thompson: Do you want to exercise the privilege of a roll call? Vice Chair Carollo: Yes. I'm sorry. I should have thought about that, Madam City Clerk. You're correct. Ms. Bru: And then it appears that there is -- Commissioners that want to make statements before the roll call. Vice Chair Carollo: Correct. And Commissioner Gort. Commissioner Gort: Well, I think the -- you heard quite a bit, and I think the -- Frank -- City ofMiami Page 151 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Carollo had some good questions. And at the same time, I understand you guys had been working very hard, but we need to have those documents in front of us. I mean, he could have pulled the five-day rule, and he's not putting that and he's asking a question, but I think you need to understand that we, to vote in here, need the information with at least two, three or five days before so we know what we're voting for. But at the same time, I think you should go to the base, to the original agreement that it was put together, the original lease, and come up with the differences that have taken places [sic] and the amendments that have been created from the original lease. Yes. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Thank you, Vice Chair. When -- this -- when we were briefed on this, my understanding was that this was a framework for a deal that was to be proposed to us in its entirety. I'm very sensitive to the Vice Chairman's concern and also the concern expressed by Commissioner Gort about the timeliness of receiving even this information which is, of course, much more limited than the agreement itself which is incredibly comprehensive. You know, again, I want it to be clarified for the record that when the agreement becomes [sic] before us, we have the opportunity to nitpick in essence the different provisions of the agreement that we may or may not be in favor of and propose a modification on the floor that the parties may or may not agree to and then take a vote on the substance of it, I would imagine. Ms. Bru: The intent here is to have an agreement as to the business terms -- an agreement in principle as to the business terms so that we can go back and draft and -- Commissioner Suarez: Right. Ms. Bru: -- then bring that document to you for a final consideration. And ifI may, Mr. Chair, before you vote, I'd like to just put on the record exactly what the modification is to this item that we've agreed to, and I also have a suggestion to make. At the appropriate time, I'd like to be heard. Vice Chair Carollo: Any further discussion? Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: I want to applaud you for bringing out some points that certainly will help to craft this agreement, at least in the next terms. I do believe that this is an opportunity for us, in principle, to move forward. I do want to say to you, though, that I do applaud you for bringing out those points. Vice Chair Carollo: Thank you. Any further discussion? Madam City Attorney. Ms. Bru: Yes. The resolution that's before you, I would suggest, includes language that says that we're going to prepare these documents and bring them back to you at the April 22, 2010 City Commission meeting. We know that we're giving ourselves 45 days plus 30 days to attempt to get, you know, favorable results in Tallahassee. I don't know whether you want to keep that April 22 date and then we'll just freat that -- if we haven't been successful in completing that process, just freat it then as a status report at that point? Vice Chair Carollo: And who is that question addressed to, the maker of the motion or for --? Ms. Bru: Well, it's addressed to this body. This resolution authorizes us to go back and draft the agreements, which are supposed to be then brought back to you on April 22. That is, you know, City ofMiami Page 152 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 less than a month from now. In the meantime, we also know that we're giving ourselves 45 days plus 30 days to finalize the, you know, approval of the trustees. I just point that out -- Chair Sarnoff Well, can I --? Mr. Chair. Vice Chair Carollo: Yeah. Go ahead, Chairman Sarnoff. Chair Sarnoff Why would you bring it back until it goes to the State? You may have nothing worth -- Bru: Well, that's the point I'm making that when -- Chair Sarnoff Right. So why -- Ms. Bru: -- this -- Chair Sarnoff -- would you come back to us on April 25 [sic]? Why wouldn't you put it later when you -- so the State has had that -- the time frame is run, you don't waste your time drafting; maybe Flagstone gets back to you and says no deal; in which case, we can, you know, do a new RFP (Request for Proposals), wait about 10 or 15 years, get another person out there, and move forward? Ms. Bru: Well, that's why I bring this up. Because when this resolution was prepared and originally -- and the Mayor's not here -- but the request from the Mayor and the Administration was to have this ready for a final vote on April 22. What I'm bringing up now is that most likely we may not be ready for a final vote on April 22, so I'm asking for your consideration of this and to let me know whether we should adjust that date. I recommend that we do adjust the date. Chair Sarnoff To the first meeting in May, at least, so that all ofApril, he's had the opportunity to put it on the Cabinet. Ms. Bru: Is that okay? All right. So we will make that adjustment. The other thing that I want to make sure that's on the record is that you're approving the terms that have been proposed in the attachment, and we're also adding the provision that the Chairman requested with respect to Flagstone agreeing to indemnify the City and reimburse the City for all attorney's fees and costs related to the lawsuit that was filed -- I don't have the name of the lawsuit, but it's the lawsuit that was discussed on the record. Commissioner Sarnoff With a further security deposit of not less than $200, 000. Ms. Bru: Than $200, 000. Chair Sarnoff Non -cost eroding so it won't be part of their defense. Ms. Bru: In a form acceptable to the City Manager. Chair Sarnoff City Manager. Vice Chair Carollo: And Madam City Attorney, will you also look at the record? I think there was other things that were stated that you said were going to be part of the motion and so forth. Will you look at, you know, the record and make sure those are also included? Ms. Bru: Right. And further -- Commissioner Gort: Per the verbal agreement. City ofMiami Page 153 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Ms. Bru: -- and any matters that were clarified and discussed on the record are also a part and parcel of this -- Commissioner Gort: Right. Ms. Bru: -- resolution. Vice Chair Carollo: Thank you. Any further discussion? Madam City Clerk, if you could do a roll call, please. Ms. Thompson: Your roll call. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: The resolution has been passed 4-1. Chair Sarnoff All right, we're -- we'll take an adjournment for -- Commissioner Gort: Half an hour or --? Commissioner Suarez: Yeah. Chair Sarnoff If you guys want to get out today. Commissioner Gort: Half an hour, right? Chair Sarnoff Want to do a half an hour? Commissioner Gort: Whatever -- Unidentified Speaker: Half hour. Chair Sarnoff Half hour? Half an hour. We'll be back here at 2 o'clock. DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT City ofMiami Page 154 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 10-00320 DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT". CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JANUARY 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00320 Email.pdf NO ACTION TAKEN D2.2 10-00315 DISCUSSION ITEM DISCUSSION ABOUT THE TEMPORARY USE OF VACANT LOTS. THE CITY OF MIAMI ZONING DEPARTMENT IS REVIEWING THE CLASS I PERMIT PROCESS BY WHICH PROPERTY OWNERS AND PROSPECTIVE TENANTS MAY USE VACANT LOTS. DISCUSSION ABOUT TEMPORARY STRUCTURES INCLUDING BUT NOT LIMITED TO SALES CENTERS, TRAILERS, AND THE USE OF MANUFACTURED HOUSING UNITS. DISCUSSION ABOUT SECURING TEMPORARY STRUCTURES. THE GOAL IS TO CREATE A WAY FOR PROPERTY OWNERS WHO OWN VACANT LOTS TO USE THEIR VACANT LOTS WHILE THEY WAIT FOR THE ECONOMY TO IMPROVE. 10-00315 Email.pdf NO ACTION TAKEN DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 10-00270 DISCUSSION ITEM DISCUSSION CONCERNING PARKS IN DISTRICT 3. City ofMiami Page 155 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 10-00270 Email.pdf NO ACTION TAKEN DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II Non Agenda Items NA.1 10-00393 DISCUSSION ITEM DISCUSSION CONCERNING THE RESTRUCTURING OF THE CITY'S HOUSING AND URBAN DEVELOPMENT (HUD) PROGRAM YEAR. 10-00393-Submittal-Commissioner Gort.pdf 10-00393-Submittal-Commissioner Gort 2.pdf DISCUSSED A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, with Vice Chair Carollo absent, to have the Administration come back with a recommendation regarding a change in the fiscal year start date for CDBG, HOME, ESG, and HOPWA funds by the April 8, 2010 Commission Meeting. Chair Sarnoff All right, Commissioner Gort -- Ola Aluko (Director, Capital Improvement Projects): Thank you. Chair Sarnoff -- you have a pocket item. Commissioner Gort: Men, the pocket item -- I'll pass it around. Let me read it to you. We had been talking to the Community Development and trying to get them to change their -- I'm glad they're here. The City ofMiami program year runs from October 1 through September 30. As such, the City program years actually exactly 12 months behind the federal fiscal year, which from -- which funds are provided. The consolidated Community Development Block Grant planning regulations allow grantees to select the program years start day between January 1 and October 1. The movement of the program year closer to the start of the federal fiscal year would (UNINTELLIGIBLE) substantial resources, approximate [sic] 24 million of CDBG (Community Development Block Grant), HOME (Home Investment Partnership Program), ESG (Emergency Shelter Grant), and HOPWA (Housing Opportunities for Persons with AIDS) to an earlier start. It's not efficient for the City to start this program year one year behind the federal fiscal year. The monies approved by Congress and allocated to the City ofMiami to one year after the beginning of the fiscal year. I actually been discussing with the Community Development Block Grant to look at this and to come up with a plan. The problem that it has, if we added the one year, they will have to spend the money within three month [sic] if they start in January, but if they start in April, they'll have six month [sic] to spend the money. I think the planning could begin from now and -- and we need the funds. I mean, we need the -- a lot of the public right-of-way infrastructure that needs to be done and -- I'd just like to bring this as a pocket item and discussion. Commissioner Suarez: So moved. City ofMiami Page 156 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Chair Sarnoff Let's take that as a motion by Commissioner Suarez, and I guess it would be second by Commissioner Dunn. Commissioner Dunn: Second. Chair Sarnoff Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. NA.2 10-00388 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), URGING GOVERNOR CHARLIE CRIST AND THE Marc David Sarnoff MEMBERS OF THE FLORIDA CABINET SERVING AS THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("STATE OF FLORIDA") TO REVERT THE LAND COMMONLY REFERRED TO AS THE "COCONUT GROVE PLAYHOUSE" BACK TO THE STATE OF FLORIDA AS A RESULT OF THE RESTRICTIONS IN THE QUITCLAIM DEED, ATTACHED AND INCORPORATED; URGING THE STATE OF FLORIDA TO THEN CONVEY THE COCONUT GROVE PLAYHOUSE TO A TO -BE NEWLY FORMED NOT FOR PROFIT CORPORATION CALLED "THE GROVE PLAYHOUSE THEATRE, INC."; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-00388-Leg islation. pdf 10-00388-Exhibit.pdf Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0148 Chair Sarnoff All right. I have a pocket item for you, gentlemen. It is a resolution of the City ofMiami Commission asking that the Coconut Grove Playhouse, which has gone dark for the past four years, that it -- the reverter clause in the actual deed document be reverted back to the State and the State revert it back to a new entity known as the Grove Playhouse Theater, Incorporated, which would have the following board of directors, a Kirk Landon and Ellen Moceri, a Carlos Migoya, a Tomas Regalado, a Marc Sarnoff a Scott Silver, and a Carlos Gimenez. This is a big important economic driver for the Grove. It has remained dormant for more than four years. It's just time for the reverter clause, which requires the actual board of directors that this quick claim deed was provided to have within 30 days reopened the theater, and they have let it go for four years, so I'm going to make that motion. Commissioner Dunn: Second. Chair Sarnoff Commissioner -- well, do you want to chair? I'll make the motion. Commissioner Suarez: Second the motion. Oh, I'm sorry. I'm the Chair now. Great. Motion by Chairman Sarnoff. Do I have a second? Commissioner Dunn: Yes. City ofMiami Page 157 Printed on 4/14/2010 City Commission Meeting Minutes March 25, 2010 Commissioner Suarez: Second by Commissioner Dunn. All those in favor, signify by saying "aye. " The Commission (Collectively): Aye. Chair Sarnoff Thank you, gentlemen. Commissioner Dunn: Mr. Chair, quickly, I remember seeing my first play there, "Don't Bother me. I Can't Cope." Some of you might remember that at the Coconut Grove Playhouse. I'm a historian. Chair Sarnoff And hopefully, we will have you there on opening day on a brand-new playhouse. Adjournment A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, with Vice Chair Carollo absent, to adjourn today's meeting. City ofMiami Page 158 Printed on 4/14/2010