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HomeMy WebLinkAboutCC 2011-01-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 27, 2011 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 27, 2011 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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...]'Iefers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00058 PRESENTATION Honoree Community Friends Ruben Valdez Bijani Nakhjavan Jordana Zarut Eloy Villasuso Lazaro Diaz Esteban Bencomo Isaul Gonzalez Dariel Fernandez George Feldenkreis Presenter Protocol Item Chairman Gort Certificates of Appreciation Todo Frio Ice Cream Commissioner Sarnoff Salute 'N More Elida Castellon Maritza Castellon Maureen Colon 11-00058 Protocol Agenda.pdf PRESENTED 1. Mayor Regalado presented commendations to members of the City of Miami's Fire -Rescue and Police Departments for their outstanding service during a critical life emergency that transpired on December 16, 2010, and acknowledged with great pride and gratitude their performance as highly -trained specialists whose selfless and quick actions reflect the highest levels of commitment to safeguarding our citizens. 2. Mayor Regalado presented commendations to members of the City of Miami's Fire -Rescue Department for their outstanding service during a critical life emergency that transpired on April 25, 2010, and acknowledged with great pride and gratitude their performance as highly -trained specialists whose selfless and quick actions reflect the highest levels of commitment to safeguarding our citizens. 3. Commissioner Sarnoff saluted the owners of Todo Frio Ice Cream 'NMore, Maureen Colon, Elida Castellon, and Martiza Castellon, paying tribute to their outstanding commercial establishment that is a hometown favorite, and whose core mission is giving back to the community by providing a place to gather and enjoy life. Chair Gort: I would also like to -- and I apologize for not recognizing the City Manager, Tony Crapp; City Attorney, Julie Brit; and City Clerk, Priscilla Thompson. At this time we're going to have the proclamations. Presentations made. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE City of Miami Page 3 Printed on 2/7,2011 City Commission Meeting Minutes January 27, 2011 MAYORAL VETOES Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 27th day of January 2011, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Gort at 9:23 a.m., recessed at 10:35 a.m., reconvened at 10:52 a.m., recessed at 12:25 p.m., reconvened at 3:08 p.m., and adjourned at 4:19 p.m. Note for the record: Commissioner Suarez entered the chambers at 9:29 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk Chair Gort: (INAUDIBLE) Commission meeting of January 27. With me in here is the Vice Chairperson, Frank Carollo, Commissioners Sarnoff, Rich -- Marc Sarnoff, Commissioner Richard Dunn, and myself, Wfredo Gort. At this time I'd like to ask Commissioner Dunn to do the invocation and Commissioner Sarnoff, the pledge of allegiance. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Gort: Madam Clerk, do we have any veto? Priscilla A. Thompson (City Clerk): There are no mayoral vetoes. Chair Gort: Do we have any minutes to approve? Ms. Thompson: And we don't have any minutes to approve. Chair Gort: Thank you. ORDER OF THE DAY Chair Gort: Madam City Attorney, will you go over the rules? Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Manager, Madam City Clerk, Mr. Mayor, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available at the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones or other noise -making devices are permitted. Can you please silence them now? Any person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Anyone with a disability that requires auxiliary aids and services for this meeting, please notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 or at the conclusion of the regularly scheduled agenda, whichever occurs first. This meeting also has Planning and Zoning items that will begin after 10 a.m. City of Miami Page 4 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Thank you. [Later..] Chair Gort: Does the Administration have any items they would like to pull or any of the Commissioners? Tony E. Crapp (City Manager): Yes, sir. Mr. Chair and members of the Commission, we'd like to withdraw PH 1 at Miami -Dade County's request. We'd like to defer SR.2 to the February 24 meeting, and that'll be the last deferral on that item. We'd like to withdraw -- Chair Gort: I'm sorry. Repeat that last one again. Mr. Crapp: We'd like to defer SR.2 to the February 24 Commission meeting. We'd like to withdraw FR.1, and that's it for the regular agenda. Chair Gort: Thank you. Is any of the Commission --? Commissioner Suarez: Are we -- Mr. Chairman, ifI may. Are we going to be talking about PZ (Planning & Zoning) items now or will we wait for the PZ agenda to --? Chair Gort: We have to wait until 10 o'clock. Commissioner Suarez: We have to wait until the PZ to -- until 10. I got it. Chair Gort: Any Commissioner would like to pull or defer any item before we go into consent agenda? Vice Chair Carollo: I make a motion to -- for the withdrawals and the deferral that the Manager stated for the record. Commissioner Suarez: Second. Chair Gort: It's been moved by Vice Chairman Carollo and second by Commissioner Suarez. Priscilla A. Thompson (City Clerk): Thank you. Now you -- Chair Gort: Is there any discussion? Ms. Thompson: -- need your vote. Chair Gort: Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. [Later..] Chair Gort: My understanding is PH.1 was pulled? Ms. Bru: Mr. Chair. Chair Gort: Yes. Ms. Bru: If we may, at this time I'd like to have Maria Chiaro address the P&Z (Planning & City of Miami Page 5 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Zoning) items that are being continued. And we also need to correct the record with respect to PH.1, so if we could take that opportunity now that it's past 10 o'clock. Chair Gort: Okay. Ms. Bru: Thank you. Maria 1 Chiaro (Deputy City Attorney): First, on PH 1, that item needed to be continued to a date certain rather than pulled from the agenda. Chair Gort: Okay. Ms. Chiaro: So -- Vice Chair Carollo: I'm sorry. As the maker of the motion for the deferrals and the withdrawal, instead of a withdrawal, it's a continuance? Ms. Chiaro: It -- the correction is a minor correction, I understand. And so if we put it to a date certain, there will be no need to readvertise. Chair Gort: Okay. Vice Chair Carollo: Okay. So then -- hold on. Let me make sure I understand this. We withdrew it, but you're expecting it to come back again. So to avoid advertising, you want to continue it or actually defer it to a date certain? Chair Gort: Date certain. Ms. Chiaro: That's correct. Vice Chair Carollo: What date certain would you like to defer it to? Ms. Chiaro: February 10. It can go right to the next -- Vice Chair Carollo: February 10? Chair Gort: Yes. Vice Chair Carollo: Hold on. And then, Madam City Clerk, will I have to -- what's the right terminology? Ms. Thompson: The right thing to do would be to reconsider that entire -- Vice Chair Carollo: Right. Ms. Thompson: -- motion that -- and then make a motion on that part to revisit the withdrawal ofPH.1 and then make your continuance. Vice Chair Carollo: I make a motion to reconsider -- Ms. Thompson: Reconsider. Vice Chair Carollo: -- my original motions for all the withdrawals and deferrals. Chair Gort: Motion by Vice Chairman -- City of Miami Page 6 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Commissioner Suarez: Second. Chair Gort: -- Carollo, second by Commissioner Suarez. Any discussion? Being none, all in favor, state Bye." The Commission (Collectively): Aye. Chair Gort: Okay. Vice Chair Carollo: And now I will make a motion for everything that was deferred and withdrawn for the exception ofPH.1, which would be a deferral to the February 10 meeting, and that's my motion. Commissioner Suarez: Second. Chair Gort: There's a motion. Is there a second? Commissioner Suarez: Second. Chair Gort: Motion by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Chair Gort: Thank you. City of Miami Page 7 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 CONSENT AGENDA CA.1 RESOLUTION 10-01451 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "21ST CENTURY COMMUNITY LEARNING CENTER GRANT, MENTORED MINDS MATTER, 2010-2011", CONSISTING OFA REIMBURSEMENT GRANT, IN THE AMOUNT OF $44,869, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, THROUGH A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER PROGRAM AT LENORA B. SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 10-01451 Summary Form.pdf 10-01451 ProjectAward Notification.pdf 10-01451 Curriculum and Instruction.pdf 10-01451 Legislation.pdf 10-01451 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0030 CA.2 RESOLUTION 10-01452 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "21ST CENTURY COMMUNITY LEARNING CENTER GRANT, MIAMI LEARNING ZONE, 2010-2011", CONSISTING OFA REIMBURSEMENT GRANT, IN THE AMOUNT OF $59,105, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, THROUGH A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE PROGRAM AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. City of Miami Page 8 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 10-01452 Summary Form.pdf 10-01452 Transmittal for Agreement Form.pdf 10-01452 Project Award Notification. pdf 10-01452 Budget Narrative Form.pdf 10-01452 Legislation.pdf 10-01452 Exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0031 CA.3 RESOLUTION 11-00025 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN ADDITIONAL DONATION OF TWO (2) NEW VEHICLES, A 2010 FORD, F150 PICK-UP TRUCK VALUED AT $23,578.45 AND A 2011 FORD EDGE VALUED AT $23,841.05, FROM THE UNITED STATES MARSHALS SERVICE, FOR MEMBERS OF THE CITY OF MIAMI'S DEPARTMENT OF POLICE PARTICIPATING IN THE REGIONAL FUGITIVE TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID DONATION. 11-00025 Summary Form.pdf 11-00025 Vehicle Details.pdf 11-00025 Letter from US Marshals.pdf 11-00025 Task Force Obligation Document.pdf 11-00025 Pre Legislation.pdf 11-00025 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0032 Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II CA.4 RESOLUTION 10-01352 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED OCTOBER 25, 2010, PURSUANT TO INVITATION FOR BID NO. 247232, FROM MCINTYRE MAINTENANCE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR ALL FOUR (4) GROUPS, FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES City of Miami Page 9 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01352 Summary Form.pdf 10-01352 Tabulation of Bids.pdf 10-01352 Addendum No. 1.pdf 10-01352 Invitation for Bid.pdf 10-01352 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item CA.4 was deferred to the Commission meeting scheduled for February 10, 2011. Chair Gort: Yes, sir, CA.4. Kenneth Robertson (Director): Good morning, Commissioners. Kenneth Robertson, Purchasing Department. CA.4 is a resolution of the Miami City Commission accepting the bid received October 25, 2010, pursuant to invitation for bid 247232, from McIntyre Maintenance, Incorporated, the lowest responsive and responsible bidder for all four groups, for the provision of grounds maintenance services citywide, for an initial contract period of two years, with the option to renew for two additional one-year periods; allocating funds from the various sources of the user departments and agencies, subject to the availability of funds and budgetary approval at the time of need. Chair Gort: The -- Commissioner. Vice Chair Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. I'm going to have several questions. First of all, it's my understanding this is for landscaping and maintenance, cutting grass, and so forth. Mr. Robertson: Landscape maintenance, not for implementation of new landscaping. For -- Vice Chair Carollo: Not for implementation? Mr. Robertson: -- lawn maintenance, weeding, edging, trimming, fertilization, mulching, outdoor pest control, and clipping removal. Vice Chair Carollo: And it's basically from -- I'm sorry. It's basically for the MRC (Miami Riverside Center) building, the various police stations which are listed, the various fire stations which are listed, and numerous parks, correct? Mr. Robertson: Correct. Vice Chair Carollo: And by the way, Mr. Manager, my compliments. I see that you took my hint when we spoke. The various parks, I thought when we approved their budget, that the Parks Department actually did the maintenance on the parks. And I'm seeing from this RFP (Request for Proposals), RFQ (Request for Qualifications), whatever it's called, this procurement that that may not be the case. Is there a reason why? What's the reason that the Parks Department don't actually maintain the parks like I thought they actually did? City of Miami Page 10 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This covers -- this contract that we make use of covers 36 parks. We have 110 parks in the City. The other 74, the Department takes care of itself. Now these 36 parks, generally speaking, are the smaller parks, like the mini parks, and it takes -- cost us much more to cover them ourselves as opposed to contracting them out. It's $110,000 or so for the mini parks. It would cost us much more if we did it ourselves. Vice Chair Carollo: Let me ask you something. How much are we budgeting for landscaping in the Parks Department budget? Mr. Burkeen: It's not just a matter of landscaping. All of the maintenance is probably somewhere around $3 million, but it's not just simply cutting the grass, picking up trash, or trimming trees. Vice Chair Carollo: Three million dollars. Okay, we're going to start breaking this down. Do you recall in your budget -- and by the way, you know, I review everyone's budget, all the different departments. This is just one department which you're the director of. Do you know how much we have budgeted for landscaping in your budget? Mr. Burkeen: We don't budget specifically for landscaping. We budget for what we call operations, and the landscaping is a part of the operations: Vice Chair Carollo: Well, I guess I approved the wrong thing back in September because there was a line item for landscaping for 190, 000, so apparently, you know, I don't know what I was approving. I mean, I could show you the line item. So -- and what I'm thinking -- by the way, there's many facets -- two issues that I have with this procurement. The 190, 000 for landscaping, I could say, okay, that was budgeted for this -- for maintenance in various parks . However, when I look at the procurement, it seems like only about 44,000 is for parks. The rest is for the police station, fire station, and the MRC. So I'm wondering why did they budget 190,000 when, in reality, it's 44? So I'm wondering are they bloating their budget four times? So if you could explain to me why in the landscaping we have 190,000 budgeted. What else are we going to use that money for? Mr. Burkeen: I'm not prepared to go through 'cause I don't have my budget with me today, but I'll be glad to come back and go through with you step by step what it is that we budget for because we're using certain -- different terms here. I look in terms of the operations. Our operations is $3 million. I can go through, if I had my budget with me, and explain each of those items. I didn't have that with me today. Vice Chair Carollo: Well, I -- Mr. Burkeen: But I'm sure I can come back and do that with you. Vice Chair Carollo: -- definitely would. As a matter of fact, another concern that I have is that -- Do you know what the budget for Parks is? Mr. Burkeen: It's twenty-two million something. Vice Chair Carollo: Twenty-two point three million. Out of those 22.3 million, 14.1 is in regular salaries and wages, other salaries and wages, and overtime. So I'm wondering what are those 14.1 million going to? I -- it was my interpretation that part of it was actually doing the maintenance of parks. I'm seeing now that -- I forgot how many parks you mentioned -- are not being maintained by the Parks Department, and you know, I wonder. And by the way, I'm no expert in parks. However, at the same time, I'm the chairman of Bayfront Park Management City of Miami Page 11 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Trust and I wonder -- it seems to operate pretty well, and I think I will get everyone here to agree with me that they're operating pretty well. And you what? We don't outsource the maintenance. The employees. When we approve their budget, for the employees, they actually maintain the park. So I'm saying we're spending 14.1 million for salaries, wages, other salaries, overtime, and we still have to outsource the maintenance of all these parks? I think something's wrong here. Mr. Burkeen: It's done in an effort to save some money. I think it's -- it's not fair actually to talk about this without looking at the whole picture. Any number of -- since I've been here, we've inherited any number of facilities to maintain without resources. Vice Chair Carollo: Well -- Mr. Burkeen: I'll give you an example, Japanese Garden. I got that to take care of to maintain that. It didn't come with any money. It didn't come with any people. But I have to maintain it. I probably had about 14 to 22 derent facilities that I've inherited that I've had to maintain, so we look at ways that we can operate, and operating the mini parks as a contract saves us some money. I would welcome an opportunity to have the discussion about what our fees -- what our budget is in terms of what we have to operate. Vice Chair Carollo: Yeah. Mr. Burkeen: And I'd love to come back and stand here and go through this with you. Vice Chair Carollo: I welcome it because, again, I'm looking at $14.1 million in salaries. I want to know exactly what are these people doing for that money. They're not maintaining the parks. Mr. Burkeen: Well, that's not true. We have 76 parks that we're maintaining. And these 36 parks, we have to monitor that also. It's not simply that they've done the job and we're happy with it. We have to make sure that when they don't do the job, we clean it up. Vice Chair Carollo: Have you done that in the past? Mr. Burkeen: Absolutely. Vice Chair Carollo: Okay. 'Cause I could show you -- and I actually haven't done it 'cause I don't want to show the deplorable conditions in some of the parks in my district, but I do have pictures to show you how well they're being maintained, and I'll keep -- I'll leave it at that. So to be honest with you, I'm very disappointed with this whole thing. I don't know where this $14.1 million in salary, wages, overtime is going to. As a matter of fact, I'm not even going into other contractual service, which is an additional 2.3 million. So I'm saying, if you have a budget of twenty-two million point three something, why do we have to also at the same time have outside services to maintain some parks? Mr. Burkeen: You do understand that it's not simply maintenance that we do. There is the recreation end, taking care of the buildings. There is the day care that we do. The disabled center and the golf course itself. Vice Chair Carollo: When you take care of the buildings, what does GSA (General Services Administration) do then? Do you split it between yourself and GSA? 'Cause it was my understanding GSA actually took care of the buildings. Tony E. Crapp, Jr. (City Manager): Excuse me, Mr. Vice Chair. IfI may, I would like the opportunity to have the Budget director and the Parks Director and myself come to meet with you to go detail line item by line item over the Parks budget. There are some issues that were City of Miami Page 12 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 discussed in the departmental meetings with myself and my predecessor about the Parks budget that we'd like to share with you in terms of how things were worked out, if you allow us the opportunity. Chair Gort: Mr. Vice Chairman, I'm going to defer this item anyway. I'm going to ask you all to defer the item because I have some questions that I've had of procurement. I think the best bet is for you to get all your documents together and given the -- whatever documentation you present to the Vice Chairman, present it to us too, give us -- copies to us. Okay? Is that all right with you? Vice Chair Carollo: Yes. Chair Gort: Thank you. Chair Sarnoff Mr. Chairman. Chair Gort: My question -- yes. Chair Sarnoff Can I just make a comment -- Chair Gort: Sure. Go ahead. Chair Sarnoff -- so that they -- when they bring this back? Mr. Manager, my understanding is that Mr. Ted Baker -- I think is our -- I'm going to call him our arborist for the City -- asked to look at this contract. What we've experienced, at least in District 2 parks, is they go about a lot of their cutting with weed whacking and they actually use the weed whackers around the trees, and you can actually see the trees being cut into and they're -- a lot of them are dying. It reminds me of -- I don't know if you all remember the movie Armageddon, and Steve Buscemi was the astronaut that was on the -- strapped in there. And he goes 14 million pounds of thrust and it went to the lowest bidder. And maybe you might want to take a look at this contract and make a determination. I happen to live across the street from one of the parks that is done by a contractor. And when Parks Department itself comes in and does the park, it's almost a 180 degree difference. They do a much better job. Now, I'm not here to force you to require that Parks do that. I just want you to go about looking at this to see if the contractors you've used in the past, the protocols you've used in the past are doing more harm to the parks than good. 'Cause I know they're picking up the garbage. I know they're cutting the grass. But they may be killing the trees in the process. And I think part of what the Vice Chair is saying, you spend a lot of money on these trees, and three years later they're dead because we hired somebody who -- if you don't know this, the bark is what brings the water and nutrients up to the leaves. All you got to do is create a ring around that bark; you kill the tree in three years. And we're seeing -- it happened at Margaret Pace, 30 trees dead Mr. Crapp: Well, Commissioner, we'll definitely look into that issue. We already reached out to Mr. Baker after our briefing this week. So we will explore that. Chair Sarnoff Okay. Thank you, Mr. Chairman. Vice Chair Carollo: And I'll make a motion to -- Chair Gort: Wait a minute. Before you go, I do have a question. We have been looking at the office, a lot of the contracts that we have and their performance, and we don't believe a lot of the contracts are not performing in accordance to the contract. Now when you look at the numbers in these contracts -- let's look at one, four, the lowest bid was 44, 000. The next two other bids were 114 and 104. Those are large differences between the three proposals. There's got to be something wrong. I mean, one of the biggest problem that we had that I've noticed in the past, City of Miami Page 13 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 we give it to the lowest bid, and the lowest bid would not perform in accordance to this, to the contract. And one of the things I'm requiring of the Administration is to make sure that whoever contract falls under one of the jurisdiction, to make sure that the directors has someone to supervise that it takes place. Now I like for you -- it's going to be deferred to come back and tell them why the discrepancy in -- 'cause it's a large amount between all three bids. Okay? Mr. Crapp: Definitely. We'll do that. Chair Gort: Thank you. Do I have a motion? Commissioner Suarez: Mr. Chairman, if may? Vice Chair Carollo: So move. Chair Gort: Wait a minute. I'm sorry. Commissioner Suarez: Second for discussion. Chair Gort: It's been moved by Vice Chairman Carollo and second by -- Vice Chair Carollo: Hold on, hold on, hold on. I make a motion to defer to the next meeting. Chair Gort: Right. Commissioner Suarez: And I second it for discussion. Chair Gort: Second by Commissioner Suarez. Commissioner Suarez: Mr. Chairman. Chair Gort: Yes. Commissioner Suarez: Thank you. You know, I -- we had a similar issue on Coral Way where we were contemplating doing a contract to maintain Coral Way, and the Administration thought at the time that it would be better for us to do it in-house. Initially, it didn't work out that well, but I have to commend the Administration for stepping up after our office contacted them and let them know what was going on. And since then, Public Works has been able to, you know, clean and maintain Coral Way, clean the swale area. We still have issues regarding the lights, and I spoke to the City Manager about that the other day. I think, you know, there's two issues here. One, our parks need to be maintained. I have some issues that I've expressed with Shenandoah with reference to, you know, the amount of grass, you know, and -- you know, and the depletion of grass specifically. You know, it's something that I would welcome as well having a meeting with you to go over that because it does seem like $14 million is a lot of money. Even though it is citywide and there are a lot of parks, it does seem like $14 million is a lot of money. And I think it's good to scrutinize, you know, how that money's being spent and whether we're using our resources efficiently. But you know, in the case of Coral Way, it actually -- we were able to do it in in-house and we've been able to do it in-house and I'm very pleased with it. But you know, one of the things that we have to talk about going toward in our next budget cycle is how much resources do we dedicate to that Public Works component, Litter Busters, et cetera, et cetera. Because you know, as I mentioned to the Manager, also in the District 5, which I happen to be in last week, has a lot of cleanliness issues, and I'm sure that that drives the District 5 Commissioner crazy. So you know, we need to keep looking at this, and I'm glad the Vice Chairman brought it up because we have to keep examining how we're dedicating our resource and whether we're getting the best bang for our buck there. City of Miami Page 14 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Thank you. Any further discussion? Vice Chair Carollo: Yes. Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: Mentioning Zoning Department, question. Who maintains our traffic circles? Commissioner Sarnoff Public Works. Mr. Crapp: Public Works Department. Vice Chair Carollo: Public Works. And I'm sorry; Coral Way is maintained by what, Public Works also? Commissioner Suarez: That's what I was told. Vice Chair Carollo: Yeah. Commissioner Suarez: Yeah. I think so. Vice Chair Carollo: Yeah. I'm sorry. I mentioned Zoning, but it's Public Works. You know, I mean, it seems like within their budget, they're able to do it. Maybe we can get them to maintain our parks. I don't know. But -- Nzeribe Ihekwaba (Director, Public Works): May I comment? Good morning. Zerry Ihekwaba, Public Works. By City code, we are only assigned public rights -of -way. So if we're going to go into City property, we may have to look into the City code again. Vice Chair Carollo: Gotcha. It's a shame, Zerry. And usually what happens when you're doing a good job, usually more things are given to you and so forth. If not, ask the executive director ofBayfront Park, Tim Schmand, how he started inheriting more and more work. So anyways, thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: And then a privilege, I'd like to -- Priscilla A. Thompson (City Clerk): If I may, I just want to make sure, Chair, that we understand that this is being deferred to the meeting of February 10, 2011. Chair Gort: Correct. Vice Chair Carollo: Yes, ma'am. Chair Gort: Yes. Ms. Thompson: Okay. Thank you. END OF CONSENT AGENDA Chair Gort: On the consent agenda, got a question on CA.4. City of Miami Page 15 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 PH.1 10-01336 Department of Parks and Recreation Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: If we could CA.4. Chair Gort: Okay, well pull CA.4. Any other --? Okay. Vice Chair Carollo: I make a motion for the rest of the consent agenda -- Commissioner Suarez: Second Vice Chair Carollo: -- CA.1 through the 3rd [sic]. Chair Gort: Motion by Vice Chairman Carollo and second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying lye." The Commission (Collectively): Aye. PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTERA DULY NOTICED PUBLIC HEARING, APPROVING THE SEVENTH AMENDMENT TO SERIES 2005 CONTRACT SPECIFIED/PER CAPITA CONTRACT EXTENSION, IN SUBSTANTIALLY THE ATTACHED FORM, ("SEVENTH AMENDMENT) TO THE ORIGINAL SERIES 2005 SAFE NEIGHBORHOOD PARKS BOND PROGRAM AGREEMENT, AS SUBSEQUENTLY AMENDED, WITH MIAMI-DADE COUNTY OFFICE OF CAPITAL IMPROVEMENTS, HEREBY EXTENDING, CONTINUING, AND AMENDING THE LAST COMPLETION DATE AND EFFECTIVE TERM OF THE EXISTING AMENDED AGREEMENT FROM JUNE 5, 2010 TO JUNE 30, 2011, WITH SAID SEVENTH AMENDMENT COVERING REIMBURSEMENTS TO THE CITY OF MIAMI ("CITY") FOR PREVIOUSLY COMPLETED PROJECTS AT THE CITY'S CURTIS PARK, LUMMUS PARK, AFRICAN SQUARE PARK, AND VIRGINIA KEY BEACH PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SEVENTH AMENDMENT AND ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, FOR SAID PURPOSES. 10-01336 Summary Form.pdf 10-01336 Notice of Public Hearing.pdf 10-01336 6th Amendment.pdf 10-01336 Safe Neighborhood Parks Bond Program Agreement.pdf 10-01336 Legislation.pdf 10-01336 Exhibit.pdf 10-01336 Summary Form 02-10-11.pdf 10-01336 Legislation Version 2 02-10-11.pdf 10-01336 Exhibit 02-10-011.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City of Miami Page 16 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PH.1 was deferred to the Commission meeting scheduled for February 10, 2011. END OF PUBLIC HEARING ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 10-01363 District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS Commissioner ENTIRETY, CHAPTER 14/ARTICLE V OF THE CODE OF THE CITY OF Richard Dunn ii MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/ SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01363 FR/SR Summary Memo.pdf 10-01363 FR/SR Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item SR.1 was deferred to the Commission meeting currently scheduled for February 10, 2011. Chair Gort: SR.1, Mr. Manager. Tony E. Crapp, Jr. (City Manager): SR.1 is the item that's sponsored by District 5, the cleanup item for the Community Redevelopment Agency. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I have a question of the City Attorney, if I could be recognized? I got the floor? Chair Gort: Yes. Vice Chair Carollo: Thank you. Madam City Attorney, last time this came before us, I had some specific questions, statutes and so forth. Additionally, when we spoke in my office, I had additional questions, and I have not received many or any -- I have not received all the City of Miami Page 17 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 SR.2 information that I had requested. Do you have that information for me? Julie O. Bru (City Attorney): Mr. Vice Chair, I would like to respectfully request that you give me an opportunity to conclude the research that we're doing in order to thoroughly address the issues that you've raised and allow me to, you know, meet with you when we've concluded. I think we're just about ready to have obtained all the documents that we needed. And as a matter of fact, even this morning I met with the City Clerk staff to get some further historical information. So if we could just bring this back at the next regular scheduled -- the regular agenda, we would be ready to address it. Vice Chair Carollo: Thank you. I have another question, 'cause I want to make sure that everybody knows that it's not like I'm trying to block this issue from going forward or I'm asking for unreasonable amount of information. Do you believe that all my questions have been reasonable? Ms. Bru: No, no. Yes, absolutely so. As a matter of fact, I think this is an excellent exercise to be doing in light of the fact that, in short order, we're going to be getting ready to issue some bonds for the Southeast Overtown Park West and we're going to have to have this thorough review done anyway, so it's very timely and very appropriate. Vice Chair Carollo: Thank you, Madam City Attorney. Chair Gort: Okay. Vice Chair Carollo: I don't have a problem deferring it. As a matter of fact, from what the City Attorney said, I couldn't vote on this item 'cause obviously, the information I had requested, I haven't received, so -- Chair Gort: All right. Is there a motion to defer it? Vice Chair Carollo: So move. Chair Gort: To February 10? Commissioner Suarez: Yeah. That's what I was going to ask. Second. Chair Gort: Okay, it's been moved by Vice Chairman Carollo, second by Commissioner Suarez. Commissioner Dunn: Mr. Chair, just -- Chair Gort: Discussion. Commissioner Dunn: -- want to put on the record now at the next meeting, this should satisfy all of the requests in terms of getting the information. I understand that the information that you requested, Mr. Chair, has not been -- Vice Chair, has not been provided, so that's reasonable. Vice Chair Carollo: Thank you. Commissioner Dunn: All right. Chair Gort: Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. ORDINANCE Second Reading City of Miami Page 18 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 10-01296 Office of Strategic Planning, Budgeting, and Performance AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 10-0528, ADOPTED NOVEMBER 18, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation.pdf 10-01296 FR Summary Form 12-16-10.pdf 10-01296 Pre -Legislation 12-16-10.pdf 10-01296 Table of Organization 12-16-10.pdf 10-01296 Legislation (Version 2) 12-16-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.1 11-00034 Department of Building and Zoning Note for the Record: For minutes related to Item SR.2, see the Order of the Day. END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING 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", ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", DIVISION 6, ENTITLED, "BILLBOARDS", MORE PARTICULARLY BY AMENDING SECTION 62-618.5, ENTITLED "RELOCATION AND RECONSTRUCTION AGREEMENTS -REQUIREMENTS", TO ALLOW FOR THE RELOCATION OF POSTER -SIZE LED BILLBOARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 19 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 RE.1 10-01449 Office of Grants Administration 11-00034 Summary Form.pdf 11-00034 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: For minutes related to Item FR.1, see the Order of the Day. END OF FIRST READING ORDINANCE RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUPPLEMENTAL AGREEMENTS WITH FPL SERVICES, LLC, IN SUBSTANTIALLY THE ATTACHED FORM(S), TO PERFORM ENERGY EFFICIENCY IMPROVEMENTS IN CITY OF MIAMI FACILITIES FORATOTAL AMOUNT NOT TO EXCEED $2,770,728, IN ACCORDANCE WITH THE PREVIOUSLY EXECUTED MASTER AGREEMENT, SUBJECT TO THE AVAILABILITY OF FUNDING; ALLOCATING FUNDS FROM THE FEDERAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS ACCOUNT NO. 98004.411000.534000.0000.00000. 10-01449 Summary Form.pdf 10-01449 Pre Legislation.pdf 10-01449 Master Agreement.pdf 10-01449 Supplemental Agreement No. 1.pdf 10-01449 Investment Grade Audit.pdf 10-01449 Legislation.pdf 10-01449 Exhibit 1.pdf 10-01449 Exhibit 2.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0034 Chair Gort: SR.2. City of Miami Page 20 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 RE.2 10-01338 Department of Capital Improvements Program Tony E. Crapp, Jr. (City Manager): No. SR.2 was deferred, Mr. Chairman. The next item -- Chair Gort: It's been deferred. Mr. Crapp: -- RE.1. Chair Gort: RE.1. Lillian Blondet (Interim Director): Good morning. Lillian Blondet, Office of Grant Administration. This resolution has to do with the Recovery Act funding that the City received from the Department of Energy. Today we're asking the Commission to authorize the City Manager to negotiate and execute a supplemental agreement with FPL (Florida Power & Light) Services, LLC (Limited Liability Company), in the attached form, to perform energy efficiency improvements in City of Miami facilities, for a total amount not to exceed $2, 770, 728, in accordance with the previously executed master agreement, subject to the availability of funding, allocating the funds from the Federal Energy Efficiency and Conservation Programs. This will -- no -- doesn't require a match, so it doesn't cost the City any money to implement the improvements. Chair Gort: Thank you. My understanding, this is a bid that was awarded to FP&L for ten years and -- Ms. Blondet: The original agreement was for ten years, and we're using that agreement on a supplemental basis to implement the project. Chair Gort: Thank you. Any discussion, questions? Vice Chair Carollo: So move. Chair Gort: It's been -- Commissioner Suarez: Second. Chair Gort: -- moved by Vice Chairman Carollo, second by Commissioner Suarez. Any further discussion? All in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Ms. Blondet: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CITY OF MIAMI TROLLEY PROGRAM, WITH THE CONTRIBUTION OF STATE FUNDS, IN AN AMOUNT NOT TO EXCEED $1,899,151,TRANSFERRED FROM THE MIAMI STREETCAR JOINT PARTICIPATION AGREEMENT, APPROVED PURSUANT TO RESOLUTION NO. 06-0119, ADOPTED FEBRUARY 23, 2006. City of Miami Page 21 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 10-01338 Summary Form.pdf 10-01338 Pre Legislation.pdf 10-01338 Legislation.pdf 10-01338 Exhibit.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0035 Chair Gort: SR.2 [sic]. Alice Bravo (Director, Capital Improvements): Good morning. Alice Bravo, Capital Improvements Department. RE.2 is requesting authorizing to enter into a revised renew agreement with the Florida Department of Transportation. We previously had an agreement with them for funding towards the Miami Streetcar project, which would have entitled two-thirds participation by FDOT (Florida Department of Transportation), one-third participation by the City of Miami. So we've requested that the remaining funds in that agreement be allocated towards our trolley program since that is an endeavor that is moving forward rather than the streetcar project. Commissioner Suarez: Move it for discussion. Vice Chair Carollo: Second. Chair Gort: It's been moved by Commissioner Suarez, second by Vice Chairman Carollo. Commissioner Suarez: Thank you, Mr. Chairman. Chair Gort: Discussion. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Ms. Bravo, this money that we would be moving from the streetcar project to the trolley project, that would supplant some of the monies that we have allocated currently for capital acquisition? Ms. Bravo: Actually, in our plan, we were considering hiring an operator, and that operator would provide some trolleys and also operate trolleys that the City was going to purchase through the ARRA (American Recovery Reinvestment Act) federal stimulus funds. So now, by us providing additional trolleys using these State funds, then we reduce the cost of operating those trolleys 'cause we'll be charged a lower rate. So basically, the funds that we had towards operating the trolley program can now be stretched further. Commissioner Suarez: So basically, what you're saying is that it reduces our operational costs to have more capital -- more trolleys on the street, in essence? Ms. Bravo: Correct. Commissioner Suarez: That's it. Chair Gort: Any further discussion? Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. City of Miami Page 22 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 RE.3 11-00040 Office of Strategic Planning, Budgeting, and Performance Vice Chair Carollo: I just want to ver fy, we were actually -- since we weren't proceeding with the streetcar program, we were actually going to lose this funding, and now it's being allocated to the trolley system, correct? Ms. Bravo: Correct. Because the streetcar program was not moving forward, we were on the verge of terminating this agreement, so based on the type of funding that FDOT had provided, we tried to find another use for it. Vice Chair Carollo: And FDOT is okay with it? Ms. Bravo: Yes. Vice Chair Carollo: Thank you. Ms. Bravo: Thank you. Chair Gort: Question, when are we going to see the trolley running? Ms. Bravo: We -- just as we discussed back in November, our plan is to have the first trolleys running by the fall. And we've been working very closely with our procurement group in developing the request for proposal, and we actually took apart the previous request for proposal to find other ways to provide a savings to the City, such as providing a park and ride lot where the trolleys could park so the vendor wouldn't have to incur that cost. So we're on track with our procurement. We'll be presenting our contract here for adoption by June and -- Chair Gort: Has the RFP (Request for Proposals) -- Ms. Bravo: -- having it running three months later. Chair Gort: -- gone out yet? Ms. Bravo: It goes out on February 4. And with that schedule, we'd be back here in June with a contract -- Chair Gort: Okay. Ms. Bravo: -- for approval by the City Commission. Chair Gort: Okey-doke. Thank you. Any further questions? Being none, all in favor, state it by saying tiye. " The Commission (Collectively): Aye. Ms. Bravo: All right. Chair Gort: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 10-0525, ADOPTED NOVEMBER 18, 2010, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. City of Miami Page 23 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 11-00040 Summary Form.pdf 11-00040 Legislation.pdf 11 -00040-Exhibit-SUB.pdf 11-00040-Memo-Substitutions for Item RE.3 Revisions to CI P Appropriations.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0038 Chair Gort: RE.3. Alice Bravo (Director, Capital Improvements): RE.3 is the appropriations item which addresses various projects and primarily the allocation of street bond funds within District 1, assign them to projects, as well as assignment of funds at the Virginia Key Rowing Center and other miscellaneous adjustments. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I'm going to respectfully request that we table this. First of all, I received the substitution a day or two ago. I forgot exactly when it was. I have it written down. But not only that, I had questions with regards to close to $7 million with Marlins fund. I want to be able to trace the monies going in, going out, and so forth. And at the time, the budget director was in jury duty. And I receive some information late afternoon yesterday from Ms. Bravo, but I need clarity on that. I don't -- I need to see -- I need to follow the money and see the accounts that are hit and so forth. So I respectfully request that we table this and maybe take it up in the afternoon. Chair Gort: Okay. You'd like to bring it up in the afternoon? Vice Chair Carollo: Yes. Chair Gort: Yes. I'd like to see it in the afternoon because there's quite a few projects that we need to continue and start working. We got to put people to work. And I hate to delay this any longer. Vice Chair Carollo: I understand. That's why I wanted to see ifI could table it -- Chair Gort: We're going to table it until this afternoon. Thank you. Ms. Bravo: Thank you. Chair Gort: Thank you. RE.4, we already heard. We got into PZ (Planning & Zoning). You guys want to take a break? No? Okay. PZ.1. Priscilla A. Thompson (City Clerk): If I might, Chair. If we don't have a PZ order of the day, I do need to swear individuals in if they're going to be presenting testimony. Tony E. Crapp, Jr. (City Manager): Mr. Chair. Chair Gort: Yes? City of Miami Page 24 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Crapp: Can we have a five-minute recess, please? Chair Gort: Okay. Mr. Crapp: Thank you. [Later..] Chair Gort: Okay. Vice Chair Carollo: RE.3. Chair Gort: RE.3. Vice Chair Carollo: CIP (Capital Improvements Program). There we go. Ms. Bravo: Alice Bravo, Capital Improvements. RE.3 is an appropriations resolution. Andl have to note for the record, Madam City Clerk, that this proposed appropriation was modified and we distributed a modification memo this week, and I have additional copies that we can distribute if you need them. And basically, we corrected one of the projects in District 1 and we removed one project in District 2. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: I'll move the item. However, I would like to amend by actually deferring two of the line items in this whole appropriations, and the two have to do with the Marlins Stadium, which is B-30648, for the $2 million, and once again, B-30648, the $4,848,400. So I'd like to defer those two items to the next meeting. And I don't have -- and I make a motion to approve the remainder. Chair Gort: The motion by Vice Chair Carollo is to move it with the exception of those two items mentioned. Commissioner Dunn: Second. Ms. Bravo: And -- Chair Gort: It's been second by Commissioner Dunn. Ms. Bravo: -- the modification. Chair Gort: Yes, ma'am. Vice Chair Carollo: And the modification. Ms. Bravo: And the modification. Chair Gort: The modification. Okay, any discussion? Vice Chair Carollo: The modifications, what I received two days ago or -- Ms. Bravo: Correct, Tuesday. City of Miami Page 25 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 RE.4 10-01431 Department of Capital Improvements Program Vice Chair Carollo: It hasn't changed? Ms. Bravo: No. Vice Chair Carollo: I'm taking your word for it. Ms. Bravo: Yes. Vice Chair Carollo: Okay. Chair Gort: You better. Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Vice Chair Carollo: And the deferral, if it could be next meeting or -- Chair Gort: Next meeting. Ms. Bravo: February 10. Vice Chair Carollo: Yeah. Let's bring it to the next meeting. Ms. Bravo: Yes. Vice Chair Carollo: Thank you. Ms. Bravo: Thank you. Chair Gort: We need to put people to work. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCESS, INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BOUYGUES CIVIL WORKS FLORIDA, INC., GRANTING TEMPORARY ACCESS RIGHTS TO THE VIRGINIA KEY NORTH POINT ("PROPERTY") FOR THE DELIVERY OF UP TO 55,000 CUBIC YARDS OF DONATED FILL MATERIAL TO BE USED TO ESTABLISH A BERM AROUND THE WATER AND SEWER TREATMENT FACILITY SITE LOCATED ON THE PROPERTY AND TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS AS NECESSARY. 10-01431 Summary Form.pdf 10-01431 Legislation.pdf 10-01431Exhibit 1.pdf 10-01431Exhibit 2.pdf 10-01431 Summary Form Jan 27, 2011.pdf 10-01431 Legislation Version 2 Jan 27, 2011.pdf 10-01431 Exhibit Jan 27, 2011.pdf City of Miami Page 26 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-11-0033 Chair Gort: I'd like to recognize Luz Weinberg, who's the Commissioner ofAventura. And you have an issue with us? Luz Weinberg: (Comments off the record.) Chair Gort: Okay. Then -- Ms. Weinberg: I do have an issue (UNINTELLIGIBLE). Priscilla A. Thompson (City Clerk): I'm sorry. Chair. Chair Gort: Please (UNINTELLIGIBLE) into the mike. Well, we'll give you the privilege of being an elected official. If you don't mind we'll listen to -- Ms. Weinberg: Good morning, Mr. Mayor, Chairman, Vice Chairman, Commissioners. This my first time on this side of the dais, so -- Chair Gort: Name and address, please. Ms. Weinberg: -- now I know how it feels. I think I'll go easier on our applicants from here on forward. My name is Luz Weinberg, with Bouygues Silver Works of Florida, director of Communications. Bouygues, as you all know, is the contractor, design/build partner who is in charge of designing and building the Port of Miami Tunnel project. There is an item before you today -- Chair Gort: RE.4. Ms. Weinberg: -- relative to our -- Julie O. Bru (City Attorney): It's RE.4. Ms. Weinberg: Right. -- issue and delivery of landfill over to Virginia Key. I believe this was discussed in meeting. So I am here representing Bouygues in the event you have any remaining questions as to what it is that we're doing. IfI find it myself -- Chair Gort: Mr. Manager, do we have somebody from staff? Tony E. Crapp, Jr. (City Manager): Yes, sir, we're going to have -- here comes Ms. Alice Bravo. Ms. Weinberg: There we go. Chair Gort: Item RE.4. Ms. Weinberg: And just for the record, again, Luz Weinberg. And the address is 1015 McArthur Causeway, Miami, Florida 33132. Chair Gort: Thank you. Alice Bravo (Director, Capital Improvement Programs): All right. Good morning. RE.4 is an City of Miami Page 27 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 item for -- Chair Gort: Excuse me. And you are? Ms. Bravo: Alice Bravo, Capital Improvements director. Chair Gort: Thank you. Ms. Bravo: Sorry. RE.4 is an item or an agreement that would allow Bouygues Silver Works of Florida to go onto Virginia Key around the North Point area where the WASA (Water and Sewer Authority) facility is, and they would be bringing in up to 55,000 cubic yards of donated fill that's excavated from the Tunnel project. And this fill will be placed in the configuration of two berms, one on the south of the WASA facility and one on the east side, and basically creating a visual screen since on the south side of the WASA plant is the landfill that we hope to have is used as a park in the future as part of the Virginia Key master plan, and we also have recreational beach uses for the east side planned as part of that. So they will be planting grass and landscaping on the berms and fulfilling that visual screen item. Chair Gort: Thank you. Commissioners: Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I want to make sure that all precautions are taken so that the fill is not contaminated. Ms. Weinberg: Yes. Under the agreement, we have included an item on there where all the material, before it leaves the site, will be tested. We're following all regulations. I had a chance to review the agreement and it's certainly detailed where we're absorbing all -- any and all liability, and we're going to make sure that whatever we do bring to you in Virginia Key is up to standards. Vice Chair Carollo: And the City will be indemnified of -- Ms. Weinberg: Absolutely. That's also part of your packet. Vice Chair Carollo: Okay. Chair Gort: Any other questions? Vice Chair Carollo: So moved. Commissioner Dunn: Second. Chair Gort: It's been moved by the Vice Chairman Carollo and second by Commissioner Suarez. Ms. Weinberg: Thank you. Chair Gort: Thank you. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Ms. Weinberg: Appreciate that. City of Miami Page 28 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Good luck. Ms. Bravo: Thank you. Chair Gort: Thank you. END OF RESOLUTIONS PART B: PLANNING AND ZONING ITEMS Maria J. Chiaro (Deputy City Attorney): (INAUDIBLE) the City Commission that have not been provided seven days before the meeting as part of the agenda materials will be entered into the record at the City Commission's discretion. Before the PZ (Planning & Zoning) agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe their request, whether an appeal or special exception, vacation, text amendment, zoning change, and make a recommendation. The appellant/petitioner will then present the request. The appellee will present its position. Members of the public will be permitted to speak on certain petitions. The petitioner may ask questions of staff. The appellant or petitioner may be permitted to make final comments. The City Commission -- Chair Gort: Thank you. Priscilla A. Thompson (City Clerk): Ladies and gentlemen, if you are here to give testimony or speak on any P&Z item, I need you to please stand and raise your right hand so I can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Gort: Thank you. [Later...] Chair Gort: Our next PZ (Planning & Zoning) item. Ms. Thompson: Chair, before we move to the next item, there appears to be a number of people who may have come in and were not sworn in this morning. So ifI can indulge you to -- so that I can swear them in -- Chair Gort: Sure. Ms. Thompson: -- if you don't mind. Chair Gort: Yes. Ms. Thompson: Ladies and gentlemen, if you're here to speak on a P&Z item and you were not already sworn in, I need you to please stand, raise your right hand so that I can give you your oath. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Thank you, Chair. City of Miami Page 29 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Okay. Vice Chair Carollo: And Mr. Chairman. Chair Gort: Yes. Vice Chair Carollo: Remember, we still have RE.3 pending. Chair Gort: Right. I think we only have one item on the PZ left. Ms. Thompson: We actually have PZ2 and PZ 11. PZ.1 RESOLUTION 10-00581 mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE APPLICABLE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST 1ST AVENUE, 105 AND 113 NORTHWEST 11TH TERRACE, AND 1129, 1135, 1145, 1151, AND 1159 NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO CONSTRUCTAMIXED-USE RESIDENTIAL COMPLEX COMPRISED OF TWO 27-STORY TOWERS WITH A 9-STORY PODIUM -PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN APPROXIMATE 270'-8" NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) AT TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 30 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 10-00581mu CC 01-27-11 Fact Sheet.pdf 10-00581 mu CC Analysis.pdf 10-00581mu Zoning Map (Miami 21).pdf 10-00581mu Zoning Map (Ordinance 11000).pdf 10-00581 mu Aerial Map.pdf 10-00581 mu Miami -Dade Aviation Department Letter.pdf 10-00581mu Miami -Dade County Public School Concurrency Letter. pdf 10-00581mu PZAB Reso.pdf 10-00581mu CC Legislation (Version 2).pdf 10-00581mu ExhibitA.pdf 10-00581mu Exhibit B.pdf 10-00581mu Binder Cover.pdf 10-00581mu Inside Cover.pdf 10-00581 mu Table of Contents.pdf 10-00581 mu Article I. A. Letter of I ntent. pdf 10-00581 mu Article I. B. City of Miami Application for Major Use Special Permit.pdf 10-00581 mu Article I. C. Legal Description.pdf 10-00581mu Article I. D. Owner List.pdf 10-00581 mu Article I. E. Disclosure of Ownership - RNG Overtown LLC.pdf 10-00581mu Article I. F. Ownership Affidavit - RNG Overtown LLC.pdf 10-00581 mu Article I. G. Disclosure of Agreement to Support or Withhold Objection - RNG Overtop 10-00581mu Article I. H. Ownership Structure - CDG City Center, Ltd..pdf 10-00581mu Article I. I. Ownership Affidavit - CDG City Center, Ltd..pdf 10-00581 mu Article I. J. Disclosure of Agreement to Support or Withhold Objection - CDG City Cer 10-00581mu Article I. K. Public School Concurrency Form.pdf 10-00581mu Article I. L. Miami -Dade County Printouts - Property Deed.pdf 10-00581mu Article I. M. Ownership List.pdf 10-00581 mu Article I. N. State of Florida Corporate Documents - RNG Overtown.pdf 10-00581 mu Article I. O. State of Florida Corporate Documents - CDG City Center, Ltd..pdf 10-00581mu Article I. P. City of Miami Zoning Atlas. pdf 10-00581mu Article I. Q. City of Miami Future Land Use Map.pdf 10-00581 mu Article I. R. Aerial Location Map. pdf 10-00581mu Article I. S. Photographs.pdf 10-00581mu Article I. T. Project Principals.pdf 10-00581mu Article I. U. Project Data Sheet.pdf 10-00581mu Article I. V. Zoning Write-Up.pdf 10-00581 mu Article II. Project Description.pdf 10-00581mu Article II. A. Zoning Ordinance No. 11000.pdf 10-00581 mu Article III. Supporting Documents.pdf 10-00581 mu Article III. Tab A. Survey of Property.pdf 10-00581mu Article III. Tab B. Site Plan.pdf 10-00581mu Article III. Tab C. Site Utility Study.pdf 10-00581mu Article III. Tab D. Economic Study.pdf 10-00581mu Article III. Tab E. Phase I and Limited Phase II Environmental Site Assessment.pdf 10-00581 mu Article III. Tab F. Architectural Drawings.pdf 10-00581mu Article III. Tab G. Landscape Drawings.pdf 10-00581muArticle III. Tab H. Traffic Impact Analysis. pdf 10-00581mu Article III. Tab I. Traffic Sufficiency Letter.pdf LOCATION: Approximately 100 NW 12th Street, 1120 NW 1st Avenue, 105 and 113 NW 11th Terrace, and 1129, 1135, 1145, 1151, and 1159 NW 1st Court [Commissioner Richard P. Dunn II - District 5] City of Miami Page 31 Printed on 2/7,2011 City Commission Meeting Minutes January 27, 2011 APPLICANT(S): Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG City Center, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 15, 2010 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow a phased development of the City Center project. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: PZ.1. Francisco Garcia (Zoning Administrator): Mr. Chair, Commissioners, as pertains to item PZ.1, I am not certain that the applicant is here at this point and time. And I had received a call from the applicant stating that they might be inclined to request a continuance of this item. Could I possibly request that this be taken out of order and perhaps postponed till later in the hearing to allow the applicants to make a presentation? Chair Gort: Okey-doke. [Later..] Chair Gort: PZ.7. Mr. Garcia: Mr. Chair, at this point and time, I've been made aware that the applicant for item PZ.1 is present, should you wish to continue with that item at this moment in time? Chair Gort: Yes. Let's get PZ.1. Mr. Garcia: Item PZ.1 is a Major Use Special Permit for consideration before the City Commission. The Major Use Special Permit project is named City Center and it is located approximately at 100 Northwest 12th Street. This is for an affordable housing project containing approximately 340 units and a total of 478 parking spaces. The item was recommended for denial by the PZAB (Planning, Zoning, and Appeals Board). The concern then was that there was some degree of neighborhood concern expressed. I understand that since then, the applicant has been able to establish contact with the community and they perhaps will speak to that issue. At this point in time, we would be willing to recommend approval with certain conditions, but I believe the applicant is going to be requesting a deferral, perhaps. Chair Gort: Yes, sir. Ryan Bailine: Good morning. Thank you, Mr. Planning Director and honorable Commissioners. We're here today requesting a deferral to your February agenda. Chair Gort: Name and address, please. Mr. Bailine: Oh, I'm sorry. Ryan Bailine, 201 South Biscayne Boulevard. We're asking for a deferral of this item so that we can meet with -- actually present the project to the Overtown City of Miami Page 32 Printed on 2/7,2011 City Commission Meeting Minutes January 27, 2011 Oversight Board, which had not been done, in an effort to complete our community outreach efforts to build a consensus that we believe is necessary for this project to move forward as planned. So we would respectfully ask for a deferral. Chair Gort: Okay. Thank you. Commissioner Dunn: Mr. Chair. Chair Gort: Yes. Commissioner Dunn: Will defer it. Commissioner Suarez: Second. Chair Gort: It's being -- Commissioner Suarez: I'm assuming it's for the next Planning and Zoning meeting? Mr. Bailine: Yes, please. Thank you. Yes. Priscilla A. Thompson (City Clerk): That's -- Chair Gort: Motion by Commissioner Dunn, second -- Commissioner Suarez: Second. Chair Gort: -- by Commissioner Suarez. Any discussion? Vice Chairman Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chairman Carollo: Yes. I have a question. It's with regarding to jobs. As far as the construction jobs, I was going through it, you're looking at about 350 construction jobs? Mr. Bailine: Yes, Commissioner. That's correct. Vice Chairman Carollo: How can I be assured of or this Commission that first, those jobs will be going to residents from that district and second, residents of the City of Miami? Is there anything in place to assure me that that would take place? Mr. Bailine: I guess the short answer to your question is I don't know of anything at this time in terms of a condition in an approval or any recommendations that have been discussed or issues relating to this particular question. That being said, it's my understanding that most of the development work that the co-app -- there's two applicants here. One is an out-of-town entity. The other one's a local entity. The local developer has a very good reputation for hiring people not just in the City of Miami or Miami -Dade County, but as close to the construction of communities that they're working on as possible. So I'm not sure that I can stand here and give you a direct yes to your question because the issue hasn't been addressed through the process. But I certainly can take that back to the applicants that this is something that was discussed and when we come back to you in February can hopefully provide you with a complete answer or some type of proposal. Vice Chairman Carollo: Yeah. I think it's important. As a matter of fact, that minority firms are also getting, you know, their fair share and so forth. I think that's important. I mean, right now City of Miami Page 33 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 jobs are very scarce and -- Mr. Bailine: No doubt. Vice Chairman Carollo: -- you know, a project of this magnitude, I think -- Mr. Bailine: Absolutely. Thank you for raising it. And when we come back, I will address the issue. Chair Gort: If you get -- Commissioner Dunn, you want to speak? Go ahead. Commissioner Dunn: Additionally, I -- and I appreciate that, Mr. Vice Chairman. I admired how you've handled the Orange Bowl situation, and that's a similar kind of thing. I mean, it's a smaller microcosm of what -- but definitely, we want to have inclusive of that some type of community benefits agreements, as well as I would like for you to meet with the CRA (Community Redevelopment Agency) director -- Mr. Bailine: Absolutely. Commissioner Dunn: -- so that we can kind of work together in unison and make sure that we all on one accord. But certainly, I can appreciate the comments of my colleagues and certainly, we want that. Mr. Bailine: Thank you. Vice Chairman Carollo: Mr. Chairman. Chair Gort: Let -- yeah. Go ahead, Commissioner. Vice Chairman Carollo: This is a resolution, so -- I mean, I'm sure everyone's acting in good faith, but -- Chair Gort: They're asking for a deferral. Vice Chairman Carollo: Yeah. Do you think it's more appropriate to defer it instead of passing it now since --? Okay. Yeah. Go ahead. Chair Gort: Suggestion. The -- if you're going to make a presentation to the Overtown, you better be prepared. Let them know that you're going to employee people there. The CRA as spent quite a few dollars in training individuals and giving them classes. Plus, they have a lot of good skill workers that can -- need jobs within that area, and that'll be a good argument for you to present so -- Mr. Bailine: Yes, sir. Chair Gort: -- I appreciate it. Thank you. Mr. Bailine: No. I appreciate it. Chair Gort: There's a motion to defer, second. Any further discussion? Mr. Garcia: May I request that that be done to a date certain of February 24, please? Commissioner Suarez: I will -- I think I'm the one that made the motion, so I'll amend my motion to include that date certain. City of Miami Page 34 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Garcia: Thank you, sir. Chair Gort: Okay. The second accept the amendment? Commissioner Dunn: I do. And I -- with the -- you asked about anymore discussion. I just wanted to make a comment that I would like to also get, after meeting with the CRA director, inclusive of that, have his -- or his -- or our recommendation from the CRA to be inclusive of the report. Mr. Bailine: I will reach out to Mr. Bockweg first thing tomorrow morning. Commissioner Dunn: Okay. Chair Gort: Okay. Thank you. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Mr. Bailine: Thank you very much. Vice Chairman Carollo: Mr. Chairman, you're looking at me. Yeah. The only thing I was going to mention with this is to make sure that -- you know, I do receive some of the information and so forth of you know, whatever happens in the meeting and so forth. Obviously, the district Commissioner is the one that I think should be the lead in this, which he has. But I just want to make sure that I obtain the information as far as minority firms, you know, residents in your district primarily, and then if they cannot be from your district, from the City as a whole. Chair Sarnoff Well, the record needs to be corrected. It can't be minority firms. It can be small businesses. Vice Chairman Carollo: Okay, small businesses. Chair Sarnoff I just don't want you to do something that's going to -- Commissioner Dunn: Right. Chair Sarnoff -- constitutionally -- Vice Chairman Carollo: Small business. Chair Sarnoff I'm sure you meant to say small businesses. Vice Chairman Carollo: That's correct. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes. Commissioner Suarez: Ask the City Attorney a quick question. Because this is a Major Use Special Permit, are we acting as a quasi-judicial body in this application? Maria J. Chiaro (Deputy City Attorney): Yes. Commissioner Suarez: Okay. So you may want to publicly notice any meetings or at least later City of Miami Page 35 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 on say that there's a Jennings, you know, contact, you know, having to do with potential ex parte communications, so just something that didn't -- wasn't raised. Just to bring to your attention. Commissioner Dunn: Thank you, sir. Chair Gort: Okay. PZ.2 RESOLUTION 10-00926xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES", AS PERMITTED BY EXCEPTION IN SPECIFIC TRANSECT ZONE "T6-8 0", TO ALLOW A SUPPER CLUB IN TRANSECT ZONE "T6-8 0", SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8201-8207 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 10-00926xc CC 01-27-11 Fact Sheet.pdf 10-00926x Analysis.pdf 10-00926x Miami 21 Map.pdf 10-00926x Aerial Map.pdf 10-00926x PZAB Reso.pdf 10-00926x Application & Supporting Docs.pdf 10-00926x Plans.pdf 10-00926xc CC Legislation (Version 2).pdf 10-00926xc Exhibit A.pdf 10-00926xc-Submittal-Ben Fernandez.pdf LOCATION: Approximately 8201-8207 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Apollo Development Corp. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with a condition* to City Commission on October 20, 2010 by a vote of 7-3. *See supporting documentation. PURPOSE: This will allow a supper club. Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0037 City of Miami Page 36 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: PZ.2. Francisco Garcia (Director, Planning): I believe item PZ.2 is also one that had been requested to be taken perhaps later in the agenda to allow for participants to provide testimony. [Later...] Chair Gort: Is PZ.2 here? PZ.2, are they here? Mr. Garcia: PZ.2, I understood the general wish was to have that item heard at the end of the P&Z (Planning & Zoning) agenda. Chair Gort: Okay. [Later...] Chair Gort: Okay. PZ.2 present. Ready? Okay, PZ.2. Mr. Garcia: Thank you, sir. Item PZ.2 is a request for an exception, which require City Commission approval. The subject parcel is located at 8201-8207 Biscayne Boulevard. And the request is for a supper club under the zoning designation T 6-8 0, which presently applies to the property. The Planning, Zoning and Appeals Board recommended approval, recommended in favor of the item. And the Planning Department originally recommended denial but has since further reviewed the item, and we now have what we believe are conditions that are also acceptable to the applicant that will go a long way toward mitigating the noise impact, which was our major concern at the PZAB (Planning, Zoning and Appeals Board) hearing. I will read briefly into the record the conditions so that the applicant may address it in his presentation, and I'll certainly be happy to answer any additional questions you may have. The condition we proposed be attached to this application should it be approved is the following: The proposed walls and partition assembly shall be constructed to meet a sound transmission class, STC, of not less than 50 for airborne noise when tested in accordance with ASTM (Airborne Sound Transmission Measurement) E90, as per Florida Building Code Section 1207, Sound Transmission; 1207.2, Airborne Sound. The last was a quotation from the building code section that applies. The reason that sounded as technical as it did is because we've consulted with the Building Department, and we are satisfied that implementation of this noise mitigation or noise attenuation system will essentially render the establishment soundproof meaning that all sound emanating from it will be contained within the establishment. In addition to that, I should add that the applicant has redesigned the establishment to contain a vestibule, which will allow the entry sequence always to be locked in and therefore prevent noise from emanating from the establishment. That's all I have by way of presentation. Chair Gort: Thank you. Yes, sir. Ben Fernandez: Thank you, Mr. Garcia. Commissioners, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant, Apollo Development Corporation. With me is Mr. Peter Hans, Ken Demsey (phonetic), Mickey Shea (phonetic), and Dan Washburn (phonetic), our audio consultant, as well as Dan Robertson, our project architect on this matter. Peter happens to be the owner and a resident of the building in question. The property is located on Biscayne Boulevard at its intersection with 82nd Street, which, as you can see from your aerial photograph, 82nd Street is essentially the exit corridor from the John F. Kennedy Causeway from the beach into our city. Of course, Biscayne Boulevard is a federal highway, a major 100-foot-wide transportation corridor. This particular property is geographically isolated from the surrounding areas to the north and west, east of Biscayne Boulevard by virtue of the fact that there are nonconforming surface parking lots immediately east of the site, and I'll point it out to you. This is the property over here. And what I was describing was the fact that there are City of Miami Page 37 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 surface parking lots immediately to the east and further to the east along 82nd Street before you reach the first residential homes along 82nd Street. This yellow line represents a distance of 200 feet, which has been demonstrated by the Google Earth image. You can't read the 200 there, but I can assure you it's 200 feet. This information has been submitted to your Planning Department, and I think that in part is why they are supporting our application in this case. The application is for an exception to allow a supper club on the property. The property meets and exceeds the parking requirement for this type of use. It's an existing CBS (Concrete Block and Stucco) building, built in 1952, strong walls. It is at already what would be probably one of the noisiest intersections along the Boulevard. I can't imagine another location on the Boulevard where a bar or a lounge would be more appropriate than at this location. I know that Midtown exists, but that is, of course, west of the Boulevard, and just about every other location south of 79th Street is an area where you have residential development that is much closer to the commercial corridor. And even north of this, the situation changes. It just so happens that these few lots are lots where you have surface parking lots that developed over the years and they create this natural or unnatural buffer between the nearest commercial property. And this property to the south, which is the bank building, they of course developed the entire site. This site remains relatively as it was -- relatively the same as it was in 1952. So we think that the fact that it is immediately abutting the hard corner of Biscayne and 82nd Street, the fact that 82nd Street is a one-way corridor, a westbound corridor in this area means that if you're leaving this parking lot, you have no opportunity to make a left and go east into the residential neighborhoods. You're immediately sent to Biscayne Boulevard or further west into what is a medium- to higher -density area, and of course, this is the large Terra Nova shopping center, Biscayne Plaza, an 18-acre commercial center before you get to any -- the Little River, which is further west. So this is a very commercial area. It's an area that you'll hear from Peter has been unfortunately afflicted with panhandling late in the evening because there is a lack of eyes on the street at that -- into the late hours. So we think that the fact that Peter is bringing a use into this building that will stay open into the late hours -- it's a small building. We're talking about 2,900 square feet of floor area, including kitchen and bathroom areas. So what that means is that essentially you're looking at something that's the size of a two -bedroom, one -bath house that is going to operate as a lounge with a floor plan that you can see here. The bar essentially takes up a large portion of the floor area. You have a seating area along Biscayne Boulevard. You have a pool table by the bar. Then you have an office area and your restrooms, a very, very modest late -night lounge. The access to the property would be here at this red dot. And the reason that we have placed it there is because the plan -- we modified the plan after the Planning, Zoning and Appeals Board hearing which, by the way, recommended approval of this application by a vote of 7-3, and they recommended that we further insulate the -- any potential sound emanating from this bar. Now mind you, it's not expected this is going to be a disco or a, you know, South Beach type of atmosphere. Just by virtue of its size, I think one can deduce that this is going to be a relatively modest operation. The maximum occupancy of this space is 157 people. That's pushing it. We expect that there may be 50 to 70 people there at any given time, you know, on a weekend, if it's busy. And the access is through this reception area. What we've done is we've created a foyer or a vestibule area that will greet people and provide a second door, much as you find in, you know, cities up north to keep the cold from coming out -- or coming in. And what that does is prevent any sound from escaping through the main door from the property. In addition to that, we've agreed to utilize a product called QuietRock, which I'll share with all of you. It's a -- essentially a drywall type of material. I don't mean to leave you out, Commissioner Sarnoff. Commissioner Sarnoff. That's all right. I'll only be making the decision. Vice Chair Carollo: Not made in China. Mr. Fernandez: It's not made in China. And it essentially provides a significant decrease in the sound emanating from the site just by utilizing that. So in addition to that, we've -- you know, the vestibule area provides a method of crowd control, not that we're expecting crowds, but in the City of Miami Page 38 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 event that you have ten people show up, this area can accommodate those people without having them lingering into the parking garage, et cetera. The photograph that I showed you indicates what the parking lot looks like today. You can see that it's a very barren parking lot, zero landscaping. By virtue of this application, we are going to be increasing the landscaping and providing a -- you know, trees and a nice landscape buffer in addition to a nice green area to greet people over here. In the exhibit booklets that I've passed around, you have a letter of support under Tab A from the Shore Crest Homeowners Association that supported our application. That's the neighborhood that is immediately surrounding this property. The second tab, Tab B, is a letter of support from the MiMo (Miami Modern) group that liked our idea, reviewed the plan, and was thrilled with the fact that we were going to be providing awnings such as these. In comparison with the photographs of the building that you'll see under Tab D, what it looks like today, is basically a pretty nondescript, yellow, fat building. And the reason it's like this -- and you know, Peter -- no insult. Peter lives there. Peter lives on the second floor. He's tried to put together the funds to make this look a little better, but he can't keep a tenant. He's lived there for 11 years, and he will tell you that over those 11 years, the property has been vacant more often than it's been occupied. And so we believe that in the past there has been a restaurant there with alcoholic beverage use and entertainment and that wasn't successful. We think that a lounge is what would be successful here, and I think that the fact that Peter is actually living on the property will give you the assurance that it will be managed appropriately, that he will be responsive to any potential concerns expressed by the surrounding area, and that, you know, we're going to be proactive in assuring that this is going to be compatible with the neighborhood. The exception itself is, of course, a conditional use under the zoning transect for this property, which means that we're asking for something that is considered permitted. We just have to demonstrate to you that essentially it's going to be compatible with the area and that we're not going to be generating noise, vibration, or smoke or odors that are incompatible with the surrounding area. And to prove that, we've submitted a study from our audio consultant, Mr. Washburn (phonetic), which is at Tab E of your materials. And he can respond to any questions that you have about the report. But essentially, what he's saying is that when you incorporate the QuietRock material and the foyer area that we're building on this property, that the decibel level at the property line nearest the residential area will be significantly below the ambient noise level for that area. And even without those improvements, we're not exceeding the noise level at that area, and that's essentially what your City Code requires is that you not be plainly audible from 100 feet away from the source of the noise. So with that said, I don't mean to belabor the point. We're here to answer any questions. We have 20 letters of support in our package as well from area residents. That is under Tab C of your materials. And we have residents here today -- Can you all stand, whoever's in support of the project? -- come out of their way. We were, quite frankly, expecting this to happen a little bit later in the evening. We were surprised by the fact that you had a deferral earlier in the day. I believe Senator Diaz de la Portilla had an emergency on a large appeal. So we were expecting this to go later in the night. We would have had more supporters here, but we were able to have at least a fraction of our supporters. And I believe that Peter would like to say a few words about the area and his experience there. Peter. Peter Hans: Good afternoon, Commissioners. My name is Peter Hans. I reside at 8207 Biscayne Boulevard, above the subject property in question. I purchased this property back in 2000 with the vision of rehabilitating the property. Over the years, we -- in the beginning, we haven't quite had the funds or the means to do so. This is the first opportunity that I've had to actually step up to the plate and do something with this building that really will make a difference in our neighborhood. My vision back in 2000 -- back in 2000, the neighborhood was a lot different and crime was up. There was even more panhandling, and we're certainly going in a good direction with the Upper Eastside and Biscayne Boulevard. Yet, I think this will make -- this will be something that the neighborhood really needs. And we -- this is a very visible corner on Biscayne Boulevard. I had dreams then and I still have dreams to do something really great here. In doing this, I really believe that it's going to be a win -win situation for everybody. We're all about doing the right thing in the community, making a difference, creating jobs, creating tax City of Miami Page 39 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 dollars, and overall, just doing the right thing. We're -- you know, we're good people. I reside at that location for 11 years. I live just upstairs and I oversee the panhandling and a lot of the negative things that are going on in the area. And I also try to assist in resolving them and making them better. So basically, that's what I have to say. Thank you. Chair Gort: Thank you. Mr. Hans: Thank you. Chair Gort: Does that conclude your presentation? Mr. Fernandez: Yes. I'd like to reserve time for rebuttal. Chair Gort: Yes. Okay. It's a public hearing. Anyone would like to address this issue? Anyone in opposition? Please come up to the mike. State your name and address. Jean Longchamps: Good afternoon, Commissioners. My name is Jean Longchamps, andl reside in Shore Crest and I -- my address is not subject to public -- as of Chapter 119 of the Florida Statutes. I first became aware of this in the latter part of the year when the gentleman in the purple shirt at the end was walking from my neighbor's house and asked me for his support. And I told him, no, I wouldn't support it because I've already been through issues with this property from the previous tenant. And it's ironic to me that I was never -- and I've been part of this association since coming into the neighborhood -- that I wasn't copied on these e-mails (electronic). And I met the owner at the last meeting with Mr. Garcia when he made the presentation to the neighborhood association. And I told -- my opposition is that I don't -- it's not the question of whether I want the building -- the business to be established or not. My position is that there is no regulation to enforce this. Back in June of last year, I sent Mr. -- Commissioner Sarnoff, Mayor Regalado an e-mail -- two e-mails. One was concerning crime in the neighborhood that's been ongoing. And I've met with the former police chief about it; drugs sales right outside my door. And the second one was about noise. Subsequent to these e-mails, the first e-mail about -- the second e-mail about crime was responded to. It went all over the City, from Police Chief Expinoto [sic) and whoever else. But the second e-mail, I only got one response, and that was from the NET (Neighborhood Enhancement Team) office, saying that they acknowledged my e-mail. And when I went with Commander Morales and had that meeting with them, I addressed the three nuisances regarding noise, my neighbor to my rear, the former tenant at this same location -- this is in August now -- and the bank building. And I want to decompress and sleep in the evening. It's a straight shot from my backyard where I stay to this building. And although they've given you sound board and they're telling you about sound attenuation and everything, the presentation they presented is not the same presentation that's sitting there in the City Clerk's office -- Chair Gort: Okay. Mr. Longchamps: -- regarding the double doors. And I explained it to them, as a building inspector and a contractor, if these two doors are open when it's overcrowded, the noise will flow through. Unless you have a code compliance department that's going to be there at night -- Chair Gort: Thank you, sir. Mr. Longchamps: -- or -- you don't have a code compliance because I call at night and no one comes. Police show up two, three hours later and they need a phone number to call you back to respond to a noise complaint so -- Chair Gort: Okay. City of Miami Page 40 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Longchamps: -- that is my -- Chair Gort: Thank you. Mr. Longchamps: -- position. If they can put in their covenants that after so many complaints their license would be revoked, I wholeheartedly support them. I have no issues with these gentlemen, but that's my position. Chair Gort: Thank you, sir. Mr. Longchamps: Thank you. Chair Gort: Next. Please, anyone else who would like to speak, please come to the mike. Houria Beckner: Thank you for convening us to this meeting. We did receive -- I'm Mrs. Beckner, and I live at 641 Northeast 83rd Street. We have been invited to be heard by you honorable Commissioners regarding this matter. We have met the applicant. During that meeting that Mr. Longchamps, our across -from -me neighbor, and we have heard about all these construction dispositions that they have to probably satisfy to our concerns about noise, parking going maybe off our streets. And also my question is, why in the first place the Building Department, if I'm not mistaken, has denied the acceptance of their application? If somebody can make a little bit -- shed a light on it, we would understand why, and not only sit here telling you that we are concerned about noise, maybe illegal activities which have been going on forever. I have been calling the police officers about noise in the same building because of the previous tenant, and we would like to have assurance that whatever is in these plans that they are submitting and that I'm not seeing, that it is indeed submitted so that this (UNINTELLIGIBLE), this buffer zoning that they are talking about would be implemented. So I'm not here to tell you that the business should not be brought into our area, into District 2, Mr. Sarnoffs district. But we would like to have a business that is compliant with our being residents. Even if the presentation has said that it was a commercial environment, it is not. I live -- I'm a resident, private resident. My neighbor has a living facility for elderly people, and we have a lot of noise during the day, but we don't want to have that noise going at 5 o'clock in the morning. Chair Gort: Thank you, ma'am. Ms. Beckner: Thank you so much, and I appreciate you hearing us. Chair Gort: Thank you. Anyone else? Anyone else? Please, anyone that's wants to speak, come up forward. Don't be shy. We won't charge you. Wayne Beckner: Yes. I'm Mr. Beckner. I'm this lady's husband. And I'd just like to -- Chair Gort: Please give me your address. Mr. Beckner: My address is 641 Northeast 83rd Street. And I'd just like to say that there -- I really think that there is a serious noise problem. I know there is really no buffer between this proposed lounge and our place. We can hear anything from 82nd Street, even though we're a street away -- or two streets away. We can hear it as plain as day. So I think that the noise problem is going to be substantial and not really -- not at all desirable. And also, I think another problem -- we really don't want to have this sort of disturbance at up 'til 5 o'clock in the morning. I mean, that's just really unacceptable to us. I'd also like to say that I don't think the Shore Crest Homeowners Association was really -- the entire membership was consulted on this acceptance or whatever; that I think that this was made by just a couple of the people involved in the homeowners association, not the entire membership. And so I don't think -- I do not think City of Miami Page 41 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 that the homeowners would really find this lounge -- proposed lounge acceptable. Chair Gort: Thank you. Mr. Fernandez: With all due respect -- Chair Gort: Excuse me. Mr. Fernandez: -- Mr. Chair, I have to just object to those comments because I don't believe he's a representative of the association. Chair Gort: Excuse me. You'll get a chance to rebuttal [sic]. Yes, ma'am. Allyson Warren: Good afternoon, gentlemen. Allyson Warren, 650 Northeast 82nd Terrace. I am about two doors down behind this proposed bar. From what I saw of the folks here who have come out to support this proposition, one of them is directly affected -- that's my neighbor, Manny Iglesias -- and the rest of them live way to the east and are in no way directly affected the way some of us are. Many of my neighbors were not able to get here. I think some of them were faxing and e-mailing to your offices because they were not able to. Mr. Fernandez statement that cars coming out of this parking lot couldn't possibly turn eastbound on 82 nd Street. I don't know about you, but if you've seen people coming out of a bar at 5 o'clock in the morning, the last thing they're considering is which way they're going properly on a one-way street. I can hear what goes on from that property right now with my windows closed and my air-conditioning on at most hours, as I have had to e-mail to Mr. Fernandez. This is a nuisance. People that come out of the north end of what is not the gentlemen's property have, in the past, driven right through the street closure that's meant to keep people out. And if any of you have ever driven in that vicinity, you'll see a big hole in the middle of the street closure where somebody did exactly that and left car parts all the way up the swale. This is not Le Violin. This is not a supper club. This is a bar that sells food. And as Ron Cordon, who is on the Planning & Zoning Board said, I don't know about you, but I'm not sure I would want to be living behind a bar that closes at 5 o'clock. If people are dumping out of places that close at 3, where are they going to go next? And unfortunately, it is in my backyard or very close to it. Thank you very much. Chair Gort: Thank you. Anyone else in opposition would like to speak? Okay, sir. You've got a few minutes for rebuttal. Mr. Fernandez: We have some supporters, if you want to hear those. I don't know if you want to hear from supporters now. Chair Gort: If you want to hear from supporter, you should present it already. Go ahead. Mr. Fernandez: I think -- any supporters? Chair Gort: Go ahead. All those of you wish to speak, please come to the mike. Manuel Iglesias: Hello. Good afternoon. My name is Manuel Iglesias, the one she's talking about. I am the closest neighbor to the club, the closest one, and I live 200 feet from the supper club. And before in there they have a lounge, like a lounge or something like that, and I never hear any kind of noise in there. I don't know why the people -- my neighbors from the next street, the 82nd Terrace, they say they can hear all the noises because I am the closest one even the -- I only have two parking lots between my property and his property and I never hear anything like that. And I think it's going to be very nice to have something there like improve the City, you know, the area. The area is (UNINTELLIGIBLE), and it's a lot of crime in there. It's a lot of people loitering all around. It's a lot -- you know, it's a lot of problems there in that area. So I think with the club, it's going to be a very good improvement to us, to the neighborhood to have City of Miami Page 42 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 something good there than -- even (UNINTELLIGIBLE) lights, something. They have a little (UNINTELLIGIBLE) -- they going to have security in the parking lot, I think. That's what he told me. So it's going to be good for me because I work in the nighttime once in a while so I need somebody around the area to be aware, you know, because we have the bank, the building, the new building, and that's good too. Also, it's another problem. They have people from the parking lot, they going cross the street, 82nd Street, my street where I live, and they going to the ATM (Automated Teller Machine) machine in the bank. The bank is in -- it's a bank in there. So the people are afraid. It's no lights, it's nothing. And the place that he got now, it's empty completely. But they're going to see the lights, security outside. They're going to get scared to be loitering around, you know, is my concern. And the neighbor that talking before, they live about a block from there. I don't know why they make a big complaint. If somebody have to make a big complaint, it's me. I live very close by. I don't hear any noise. For me it's going to be great (UNINTELLIGIBLE). Chair Gort: Thank you, sir. Mr. Iglesias: Okay. Chair Gort: Thank you. Mr. Iglesias: Thank you. Chair Gort: Next. William Pelekanos: Good afternoon, gentlemen. My name is William Pelekanos. I reside at 12945 Coronado Lane, up in Keystone Point, North Miami. I'm also owner of commercial real estate property in North Miami, and I'm here to speak on behalf of Peter. Peter's a man of vision, a man who took a risk and bought into this neighborhood over ten years ago, and all of us know what that neighborhood was like. He's had a dream. He's had this vision for a long time. And with the economic condition the way it is today, this man needs to open up a place like this, which will bring in people from other areas. The Commissioners -- and I'll be very brief -- have an opportunity here to grant this man, this man of vision, a license. But they also have the ability to take this license away from him if he doesn't make good. All he's asking for is a chance for this vision and for this dream to come true. And he does address -- and I know this man personally -- he will address each and every one concern that the neighbors may have. I do thank you for your time. Chair Gort: Thank you. Next. Alfredo Carrero: Hi. My name's Alfredo Carrero. I reside at 8001 Northeast 7th Avenue, which is just around the corner from the proposed location of the building in question. Although I don't live directly next to it, I do reside right behind a similar building that is a restaurant that also has an exterior bar upon up 'til 5 o'clock in the evening. With regards to noise complaints, I myself personally have not had one on an establishment that's been around for quite many years. And I just want to echo the sentiments of the last proponent that we need to do something to develop the community and the area. Commissioner Sarnoff. Sorry, sir. What bar -- Chair Gort: Thank you. Commissioner Sarnoff. -- is opened up 'til 5 o'clock? Mr. Carrero: Magnum. City of Miami Page 43 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Commissioner Sarnoff: Magnum. Mr. Carrero: It's a restaurant with an exterior bar. Commissioner Sarnoff.- And that's open 'til 5 o'clock. Mr. Carrero: There are customers there until about 4, 5 o'clock in the morning. Commissioner Sarnoff.- I just want to make sure that that's what you're telling me, 5 o'clock. Mr. Carrero: Yep. Commissioner Sarnoff.- Okay. Chair Gort: Yes, ma'am. Maggie Steber: Good afternoon, gentlemen. My name is Maggie Steber. I live at 930 Northeast 81st Street, in Shore Crest. Full disclosure. I do not live near the proposed supper club, but I interviewed -- I'm the former editor of the Shore Crest Newsletter. I interviewed these gentlemen and, in fact, we did a story so that all the neighbors who receive the newsletter would be aware that it was going on. It was neither pro nor negative. It was just to inform people. So people were informed -- and I'm pretty sure I left some of those newsletters at Jean Longchamps' house. But I've been in Shore Crest for ten years. Since that time, that place -- that establishment has been a florist, a furniture store, and a little restaurant, the bistro. Nothing can stay there. And part of the reason is that there is a difficulty in getting in and out of an establishment. There's been, you know, a problem with parking and there's so much traffic right there. And there are panhandlers. There's a fair amount of crime and criminal activity in the area, which we have to constantly deal with. That's true. I went to an open house at the establishment, which everyone was invited to. And it's a very upscale place. And I think these gentlemen can bring an amelioration to our neighborhood to that particular corner. And I would be the first to say that if they do not stick to their word, I will be the first one in line to scold them about it and to lead the charge on making sure that they respect the residents. I really agree that every resident has a right to be heard and that if there's a problem with the lifestyle of these people, it needs to be met. But I support them because -- Chair Gort: Thank you. Ms. Steber: -- they're gentlemen of their word. Chair Gort: Thank you. By the way, the first ring that you hear, it means you have 30 seconds to wrap it up, okay. Richard Hughes: Thirty seconds? Chair Gort: Yes. You get a full two minutes. When you hear the first ring -- Mr. Hughes: Okay. Chair Gort: -- it means you have 30 seconds to wrap up. Thank you. Yes, sir. Mr. Hughes: My name is Richard Hughes. I live at 722 Northeast 81st Street, and I've lived there for about ten years. In that ten years, the only thing the City has approved before was high-rise development, which we shot down. There's panhandlers there all the time. The crime is still there, and nothings being done. We have sex offenders. We have halfway houses. We have adult daycare. We have all types of things that are not conducive to what I would like to go City of Miami Page 44 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 to, and this is something I think that the Boulevard needs to help get started to get things going in that area of our neighborhood and a place for me to walk to. Right now we have to go down to MiMo (Miami Modern) so we walk down sometimes; otherwise, we drive. So I really believe that this would be very good because they're going to make a first-class place. I'd like to be able to go somewhere for dinner. We have Little River, you know, which is Alcoholics Anonymous. Well, that's not good for our neighborhood either. Like I said, I would like a place I can go to, okay. Thank you. Chair Gort: Thank you, sir. Yes. Jack Spirk: Good afternoon, Commissioners. My name is Jack Spirk. I reside at 722 Northeast 81 st Street. I'm the outgoing president of the Shore Crest Homeowners Association. I'm a director in the Upper Eastside Preservation Coalition. Through that, I'm a voting member of the MiMo Association. I would -- I also owned two businesses on South Beach at one time. One was a similar business as what they're trying to open. I really support this establishment. I had concerns when I initially heard about this, but I did my investigation. I found out about what was going on. I met with the people. I saw the plans. I visited the establishment. I went to an open house where potential clients of theirs will be there. They are a professional group of people. It will be a place for us in our neighborhood to go to. As my partner just mentioned to you, we can walk there. I don't understand where the noise problem's going to be because it's going to be a lounge. And from what I understand, it's going to be a place where we can meet and have discussions and talk. A lot of us will be local. As far as traffic goes, there are two main thoroughfares there; a two-lane one-way street that people head up and a commercial boulevard. Our neighborhoods are basically barricaded, so we're not going to have that traffic running through our neighborhoods. As far as parking goes, there's adequate parking there. I'm sure that they can make arrangements with the bank. It's right there if they need extra parking. We also have the plaza. This -- I commend these people for going out on a limb to do this. And I know the sacrifices people make to do it and the sacrifice they're making to do it. This will revitalize our neighborhood and our end of the boulevard needs revitalization. I urge you to vote in favor of this establishment. Thank you. Chair Gort: Thank you, sir. Yes, ma'am. Frank Rollason: Fran Rollason. I live in Belle Meade, at 686 Northeast 74th Street, and I'm about eight blocks or ten blocks away from this proposed establishment. We've been working very hard to revitalize the boulevard, and this is an opportunity where we have someone who's even living on the boulevard in the building who would like to make this establishment something that the neighborhood can go to. And I, like Jack and the other people that have talked, we've spent some time with Peter, who lives in the building, and we have confidence that what he's saying is the truth. And you know, I think that we should give him a chance as we've given other people. And what I see too is when we had the community meeting, some of the people were afraid not because of actually what Peter and his group are doing, but they're afraid because of what other people have done. And I don't think it's right to tell him no because others have not done what the City would have liked to see them do. So I'm for it. Thank you. Chair Gort: Thank you. Yes, ma'am. Margaret Tynan: Hi. I'm Margaret Tynan. I live in Belle Meade. I'm the president of the Belle Meade Homeowners Association. And we went to the meeting that the gentlemen had in the Planning and Zoning and all that. And I was very impressed of all the things that they do want to do, which is actually basically what the City wants them to do. And I think it would be a great improvement for the Boulevard and Shore Crest that everybody can go there. And the main thing is to be able to walk to something so you don't have to go and take the bus or you don't have to take your car. Andl think it should be approved. I really would like to see something there that can be taken care of. Thank you. City of Miami Page 45 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Thank you, ma'am. Is there anyone else? Anyone else, Ben? Mr. Fernandez: No. Chair Gort: Okay. Mr. Fernandez: Okay, very briefly. To address Mr. Willchamps [sic] comments about there not being an enforcement mechanism in place. There clearly is an enforcement mechanism in place and that is Sections 36-4 and Sections 36-5 of your City of Miami Code, two very different code enforcement regulations that address noise specifically. I understand from your chief of Code Enforcement that you even have a special machine that calibrates the noise decibel level to ensure that there's compliance with that provision. In addition, I can attest to you I've represented clients in the past that have been visited by the police department for alleged violations of the noise ordinance, and I'm sure that that will quickly travel to Commissioner Sarnoffs office in the event that there's any problem related to that in the future. Andl think that what you're hearing from this particular property owner is that he will respond to any such concern or any such call very quickly, and he's just asking for the opportunity to operate this as your zoning regulations provide for. I think that there are instances of similar lounges that have operated successfully at a closer distance to residential than this particular lounge is so I think you have a precedent for approving this sort of thing. I don't think that there's another property on the Boulevard that has the distance to residential that this one has. Nowhere north of 36th Street to the City limits will you find a more appropriate location for a lounge or late -night establishment than this particular location, andl think that's extremely significant. With respect to Ms. Warren's comments, she is not the closest and most affected neighbor. You heard from the most affected neighbor, and he mentioned to you that he has never experienced a problem with this property and that he welcomes this use. And I think you heard from multiple neighbors that live within the area on 82nd Street, on 83rd Street that are very familiar with this site, that have actually visited the property, met with my client, and they're all in favor of this submittal. I think it speaks volumes that you had Fran Rollason here and that the MiMo Association is supporting this application. I don't think that they go out to support something if it weren't worthwhile, the same thing with the former president of the Shore Crest Homeowners Association. So again, I think that you have the tools to enforce the code if there's a problem. I think that we have the right to ask for this approval, and I think that to deny the approval would be essentially saying that you do not -- you cannot have a lounge -- a late -night lounge on the Boulevard, and that's really contrary to what your zoning code says today. I realize that there are other parts of the City where that may not be the case, but that's not the case here. Thank you. Chair Gort: Thank you, Ben. We now close the public hearing. Comments from board members. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff We're essentially here to ask to be presented a supper club. That conjures up many different images in many different people's minds. I mean, it reminds me of the Copa Cabana. It reminds me of something quite jovial and something that you would think about significant food. And candidly, when Peter and his partner came to my office on December 6, they gave us what was their menu. And their menu includes mozzarella sticks, chicken fingers, eggplant, chips, coffee. It's really not what you would call a robust eatery, and it's not intended to be a robust eatery. So it really is a bar. Mr. Fernandez: Absolutely. City of Miami Page 46 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Commissioner Sarnoff. But it comes in to us as a supper club. Mr. Fernandez: Well, but that's because the definition -- Commissioner Sarnof I'm not -- Chair Gort: Excuse me. Commissioner Sarnof -- addressing you. Chair Gort: The public hearing is closed. Ben, please. Commissioner Sarnoff.- I'm not addressing you. And candidly -- they were very candid with us -- they said, Commissioner, we would open up if it stays open 'til 5 or it stays open 'til 3. And you know what, the City of Miami never tells anybody when to close. The only thing the City of Miami does is throughout the City, with few exceptions, tells people you must stop serving alcohol at 3 o'clock in the evening, which means you can continue consuming 'til 4, that last call, so to speak, 3 o'clock. Equally, in very small, limited circumstances, this City allows us to have what's called 5 o'clock last call, in which case you can continue to consume 'til 5, 6:30 in the morning and go out and meet traffic, if you will, hopefully in places that, you know, it's not so trafficked. And that really is the issue because I probably get 95 percent of the noise problems in the City of Miami. Matter of fact, I'd say a third of my time as Commissioner is spent dealing with residents who are being either inundated with noise by a restaurant, inundated with noise by a club. That happens in all parts of the City. It especially happens in the downtown. It especially happens in Coconut Grove. And we have an ordinance. It is not very well enforced. It is very difficult to enforce. I think every person that goes into an establishment goes in there with great intentions. But as you know, once you have an establishment and you have a number of people in there, you're not going to walk outside with them. You're not going to escort them to the car. You're not going to see where they park, and you're not going to see how they leave. Impossible, but that's what we have. And when you have uneven closing of hours from the Beach -- so when you have the Beach establishments closing at 3 o'clock, you have people driving who have consumed alcohol now coming into the neighborhood and are going to consume for two more hours. That's, simply put, called uneven bar closing hours. Not a wise -- not really a very wise thing to do. And this would be the first establishment in the Upper Eastside -- Magnum Restaurant, I just checked, has a 4COP (Consumption on Premises) license. Once again, Magnum can stay open 24 hours a day, 7 days a week, 365 days a year, but it must stop serving alcohol at 3 o'clock in the evening. And this would be the first camel to get its nose in the tent. It would probably not be the last. And the question you have to ask yourself is, is this good for the community? Is this a good thing for the residents? 'Cause as much as you'd like to say, oh, this is 200 feet away, is it really 200 feet away when the car parks directly across the street from your house and the guy getting in that car has consumed alcohol for the better part of four or five hours? And how careful is he leaving your house? How loud is he leaving your house? What is he doing in front of your house? I just don't think that that -- the Upper Eastside is really ready for this, nor should it ever want to be ready for this. Nobody is saying that these folks can't have last call at 3 o'clock in the morning because last call at 3 o'clock in the morning, you can continue finishing that drink until 4 in the morning. What we are saying, though, and what I'm prepared to say is, you don't need last call at 5 o'clock in the morning and then having people drink 'til 6 and 6:30 and then leave during a rush hour traffic . I don't think that that's wise. I don't think that that's something that that neighborhood should have to bear, and I don't think that's something that neighborhood should have to withstand. So what I'm going to do, since they said they would open regardless of whether they had a 3 o'clock last call or a 5 o'clock last call, I'm going to defer this for nine months. And if they're open and they still think they need to stay open until 5 o'clock, then they can show me data and they can show me receipts as to why they think they can continue to operate and how it needs to operate further. But if they can open up as they suggested 'til 3 o'clock, with last call being that time -- City of Miami Page 47 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Fernandez: That's fair. Commissioner Sarnoff -- then they're more than welcome to do so. So my motion is going to be to defer this for nine months. Mr. Fernandez: Well, Commissioner, ifI -- Vice Chair Carollo: Second. Mr. Fernandez: May I address that? Chair Gort: Public hearing -- wait a minute. The public hearing is closed. Mr. Fernandez: I have a question on the motion. Chair Gort: Excuse me. Mr. Fernandez: My client doesn't understand it. Chair Gort: I understand, but let me go through the process. Mr. Fernandez: Yes. Chair Gort: There's a motion, there's a second, and it's the process that we have to follow. Ben, you know that better than anybody else, okay. There's a motion and a second. The applicant wants to be asked a question. Vice Chair Carollo: District Commissioner. Commissioner Sarnoff I don't know what's there not to understand. This will be deferred. You will not have an exception. You will not be -- Mr. Fernandez: We cannot open at all without a -- your action on your part. That's what I wanted to communicate to you, Commissioner. Any -- a bar or a supper club, a 3 a.m. license requires that you take action today. What I understand you to say is that you'd like to see us, as a test case, operate 'til 3 a.m. If we can prove to you nine months from now that 5 a.m. is justified, we can revisit that then. In order to do that, I would respectfully suggest that you condition the approval to 3 a.m., which would essentially be approving a bar on the property, which is the defined term under Chapter IV of your City Code, and then seven months from now -- or nine months from now, I think you mentioned, we can come in and revisit the supper club request. But I just wanted to make that clear. Commissioner Sarnoff.- Then let me just confirm with the City Attorney that's correct. Maria J. Chiaro (Deputy City Attorney): I agree with the recommendation that Mr. Fernandez made, except that what you need to do is you can grant this exception for a supper club with the condition that is agreed to by the applicant that the bar will be only open until 3 a.m. Notwithstanding the essential difference in our underlying legislation, this is a pending application for an exception for a supper club, so you can't grant an application for something that wasn't applied for. But you can put the condition of 3 a.m. on this -- Commissioner Sarnoff And how would -- and if they stayed open 'til 4 o'clock, would they be in violation? City of Miami Page 48 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Chiaro: They would -- Commissioner Sarnof Let me say it right. If they served alcohol under 4 o'clock -- Mr. Fernandez: Yes. Commissioner Sarnof -- would that be a violation? Ms. Chiaro: Yes, it would. Commissioner Sarnof And how would that be enforced? Ms. Chiaro: It is enforced through Code Enforcement. Commissioner Sarnof So I put the onus then on an overworked and overborne Code Enforcement Department. And I don't meant that derogatorily. I'm just saying, why would I do something to put an onus on the City of Miami when -- or would this be the way it would work in the course of any type of establishment? Mr. Fernandez: Any. Ms. Chiaro: Anything you granted is enforced through Code Enforcement. And in fact, you can bring this back for review in -- Chair Gort: Three months. Ms. Chiaro: -- nine months -- Vice Chair Carollo: Yeah. Ms. Chiaro: -- and so you can also put the condition that this will come back to you for review in nine months for review of complaints, for review of enforcement actions. Commissioner Sarnoff.- All right. That's -- then that's the motion I'll make. Vice Chair Carollo: Okay. I'll second it. Chair Gort: Repeat the motion, please. Commissioner Sarnoff: I'll make the motion that this would be granted with the exception that they must cease serving alcohol at 3 a.m. Vice Chair Carollo: And -- Commissioner Sarnof And it will come back in nine months. Mr. Fernandez: In nine months. Vice Chair Carollo: For re -- Chair Gort: Yes. Mr. Garcia: IfI may, through the Chair. Could I suggest to the Commissioner that you consider two additional conditions, the ones that I mentioned earlier, please? For your consideration, a condition that a -- City of Miami Page 49 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Fernandez: Yes. Mr. Garcia: -- revised design be submitted for approval by the Planning Department showing a vestibule in the entry sequence for the establishment. And the condition I read at the very beginning of the presentation, which was highly technical. Should you want me to read that again? Commissioner Sarnoff No. I can accept your conditions as part of my motion. Mr. Garcia: Thank you. Commissioner Sarnoff.- Does the seconder --? Chair Gort: Does the second accept? Vice Chair Carollo: Yes. Mr. Fernandez: One -- Chair Gort: Okay. Mr. Fernandez: May I make one more point, Mr. Chair? Just -- nine months from the date of opening? Commissioner Sarnoff.- Yes. Mr. Fernandez: Yes. Chair Gort: Yes. Mr. Fernandez: Thank you. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): Chair, Td like one clarification. With those conditions that were stipulated on the record, does that modify your resolution now as presented before the Board? So your vote would be on a modified resolution. Chair Gort: Yes. Ms. Thompson: Thank you. PZ.3 RESOLUTION 09-01 007sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE STREETS LOCATED BETWEEN NORTHWEST 67TH STREET AND NORTHWEST 69TH STREET AND BETWEEN NORTHWEST 7TH AVENUE AND NORTHWEST 10TH AVENUE, MIAMI, FLORIDA. City of Miami Page 50 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 09-01007sc CC 01-27-11 Fact Sheet.pdf 09-01007sc Planning Analysis.pdf 09-01007sc Miami 21 Map.pdf 09-01007sc Aerial Map.pdf 09-01007sc Public Works Analysis.pdf 09-01007sc Plat & Street Letter.pdf 09-01007sc PZAB Reso.pdf 09-01007scApplication & Supporting Docs.pdf 09-01007sc CC Legislation (Version 2).pdf 09-01007sc ExhibitA.pdf LOCATION: Between NW 67th Street and NW 69th Street and between NW 7th Avenue and NW 10th Avenue [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of The Village Miami, LTD and Miami -Dade County Water and Sewer FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on May 6, 2010 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with a condition* to City Commission on December 1, 2010 by a vote of 6-3. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously -approved The Villages Apartments Major Use Special Permit. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-11-0036 Chair Gort: PZ.3. Francisco Garcia (Director, Planning): Thank you, sir. PZ.3 is a resolution for consideration of the City Commission. The request here is for a street closure related to a Major Use Special Permit that had been approved by the City Commission a couple of months ago known as the Villages Apartments. The location of the item is between Northwest 67th Street and 69th Street and between Northwest 7th and Northwest loth Avenues. The portion of the right-of-way that would be vacated as part of this street closure proposal is wholly within the site, completely within the site for the Major Use Special Permit, and there would therefore be no adverse impact associated with it. We are therefore recommending approval of this item. Chair Gort: Thank you. Yes, ma'am. Gotcha. Go ahead. Iris Escarra: Good morning. Iris Escarra, with offices at 333 Avenue of the Americas. I'm here before you today joined by Oliver Gross of the Urban League, Otis Pitts of Peninsula Development, Otis Pitts, Jr., also of Peninsula Developers, and Ann Carter of Arquitectonica. This is actually the fourth time that this project comes before you for all different sorts of City of Miami Page 51 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 approvals. Most recently in September of last year, we came before you with a Major Use Special Permit. The application before you is for the street closure that connects 69th Street over to loth Avenue. IfI may, this project actually -- this street was approved in 1997 for a street closure pursuant to resolution 97-906, and unfortunately, at the time the plat was not concluded in order to completely close out the street. Therefore, this application is before you here today. We are proceeding currently on the planning process, and this is one of the technical approvals that we need. The client has proposed as part of its public purpose in the street closure, it is an affordable housing project. It is going to have a community room that will hold classes, tutoring, for neighboring schools, community meetings, space, a computer lab, a computer skills and training, job training and awareness, library, fitness center, with an obesity awareness and prevention program, fitness classes, home ownership training, parent mentoring, and FCAT (Florida Comprehensive Assessment Test) and SAT (Scholastic Assessment Test) classes. Chair Gort: Okay. This is a public hearing. Anyone in the public would like to address PZ.3? Anyone in the public? Being none, close the public hearing. Commissioner Dunn: Mr. Chairman. Chair Gort: Commissioner. Commissioner Dunn: I'd like to make a motion and just with a slight comment -- a little comment. That's it. Chair Gort: Okay. There's a motion by Commissioner Dunn -- Commissioner Suarez: Second. Chair Gort: -- second by Commissioner Suarez. Commissioner Dunn, you're recognized. Commissioner Dunn: As you can tell, this item, as already stated, came up in the fall of last year and there was a unanimous vote with a companion item attachment to this. If you look very closely at the address, it is in the same area where we had the tragedy on last week. And anything that we can do to bring up the quality of life in that area is a plus, so I unanimous -- I unequivocally support this item. Chair Gort: Okay. Any further discussion? Commissioner Suarez: Mr. Chairman, ifI may. Chair Gort: Commissioner Suarez. Commissioner Suarez: I just want to ask a couple of questions of the applicant. The -- does the landowner own the entire swath? In other words, of that block, do they own the portion that abuts 7th Avenue as well? They own the whole thing? No, no. No, they don't own the part that owns -- right. Ms. Escarra: They own -- this part is encompassed with a Major Use Special Permit. Commissioner Suarez: Right. Ms. Escarra: This part has commercial on it, which was not part of our Major Use Special Permit and remains with commercial businesses. Commissioner Suarez: Are they -- they don't own that part? City of Miami Page 52 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Escarra: They own this portion. Yes. Commissioner Suarez: They do? Okay. I -- I'm going to support this. I seconded the motion. I'm going to vote in favor of it, but I want to make a comment based on what the Commissioner was saying. I was standing in that corner the day that the two police officers were killed, approximately a block or two away from that corner, and I could tell you that that specific corner is filthy. It is a disgrace in terms of the debris and, you know, garbage, and something that I certainly wouldn't tolerate in my district. And certainly we have procedures for Code enforcement, enforcing the code and neglecting to have a property that's clean, but that -- I was literally standing on that corner, and was, you know -- and let me tell you that that's just something that came to mind that, you know, District 5 should be as clean as any other district. And I was actually standing on that lot and that lot was disgracefully kept. So I would -- I'm going to support this, but I would ask you that you communicate to your client that, you know, they need to do a better job of maintaining that. Ms. Escarra: Correct. And I -- we just spoke -- I just spoke with him, and he advised me that he will immediately go out there, clean it up, and make sure that it's properly fenced. Unfortunately, the site is vacant at the moment while we're going through all the permitting and so forth, but he'll make sure that it's maintained in a proper manner. Commissioner Suarez: Thank you. Chair Gort: Thank you. Any further discussion? Mr. Garcia: IfI may, Mr. Chair? Chair Gort: Yes, sir. Mr. Garcia: In my presentation previously, I was remiss of mentioning a condition that had been recommended by staff and also incorporated into the PZAB (Planning, Zoning, and Appeals Board) recommendation for approval. I'd like to read that condition into the record. It is just one. We know that the applicants are aware of and in support of it. But if you would possibly attach this condition to your motion, that would be appreciated. Chair Gort: What's --? Mr. Garcia: I'll read it briefly, sir. Chair Gort: Read the condition. Mr. Garcia: The condition is that access to the community room proffered as a public benefit shall be conspicuously posted. Location, directions, procedure and availability shall be clearly indicated by using signage and other appropriate means, subject to review and approval by the Planning Department. Chair Gort: Okay. Maria J. Chiaro (Deputy City Attorney): Mr. Chair. Chair Gort: Yes. Ms. Chiaro: As you know, you can't condition a vacation with any conditions whatsoever, but that condition, if it can be -- Chair Gort: Voluntarily. City of Miami Page 53 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Chiaro: -- accepted -- voluntarily proffered Ms. Escarra: We can volun -- Chair Gort: Yes. Ms. Escarra: -- we accept the condition, and we proffer it as part of our application. Chair Gort: Okay. Any further discussion? Being none -- Commissioner Suarez: I amend my second to accept that condition. Chair Gort: Okay. All in favor, state it by saying iiye. " The Commission (Collectively): Aye. Ms. Escarra: Thank you. PZ.4 ORDINANCE 10-01359I u Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 150 NORTHEAST42ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABI LI TY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-013591u CC SR 01-27-11 Fact Sheet.pdf 10-013591u CC Analysis.pdf 10-013591u Land Use Map.pdf 10-013591u Land Use Map (Proposed).pdf 10-013591u Aerial Map.pdf 10-013591u PZAB Reso.pdf 10-013591u CC Legislation (Version 2) - Fully Executed.pdf 10-013591u ExhibitA.pdf LOCATION: Approximately 150 NE 42nd Street [Commissioner Richard P. Dunn - District 5] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 1, 2010 by a vote of 9-0. See companion File ID City of Miami Page 54 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 10-01359zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial". Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13249 Chair Gort: PZ.4. Francisco Garcia (Director, Planning): Items PZ.4 and PZ.5 are companion items. I would like to request the Chair's indulgence and the Commission's indulgence in perhaps hearing item PZ.9 prior to it since PZ.9 also -- it relates to items PZ.4 and PZ.5. Chair Gort: Okay. [Later..] Chair Gort: PZ.4. Mr. Garcia: Thank you, sir. Items PZ.4 and PZ.5 are companion items. Item PZ.4 is a land use change and item PZ 5 is a zoning change. I wanted to, by way of introduction, mention to the Commission that we had originally expressed reluctance in considering this item at this time, but we have since then understood that by making passage of these two items, effective 60 days after approval, our original intent will be accomplished, which is to have the restriction in height for T4s take place prior to the passage of these items. In short, item PZ.4 is a land use change at 150 Northeast 42nd Street. This is before you on second reading. And the change would change the property to a denomination of medium density restricted commercial. Item PZ.5 is a proposal for rezoning of properties located along the north side of 41st Street between North Miami Avenue to the west and Northeast 2ndAvenue to the east, and the zoning change there would be from T3 0 to T4 O. This item is recommended to you for approval by the Planning Department. Chair Gort: Thank you. Public hearing. Yes, ma'am. Vicky Garcia -Toledo: Good morning. Vicky Garcia -Toledo, with offices at 1450 Brickell Avenue. I'm appearing before you on behalf of Family Christian Association of America. The items before you, 4 and 5, are City -initiated applications, and we're just here to tell you that we're fully in support of the City's efforts in this matter. This was approved on first reading unanimously and we would urge you to once again follow the recommendations of your staff, who have testified on the record as your experts. Thank you. Chair Gort: Thank you. Anyone else like to speak on these items? Yes, sir. Nathan Kurland: Commissioners, Nathan Kurland, 3132 Day Avenue. I was wondering if someone could possibly read into the record why the Planning, Zoning, and Appeals Board voted to deny this application, 9-0. Thank you. Chair Gort: Thank you. Mr. Garcia: Yes, sir. I'm happy to make comments to that effect. The concern at the time of hearing by the PZAB (Planning, Zoning, and Appeals Board) was that the height allowed by T4 is of 53 feet, 3 stories of -- or 53 feet. We believe, and the Planning, Zoning, and Appeals Board City of Miami Page 55 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 has concurred as well, that the restriction of height to 40 feet goes a long way towards attenuating the undo impact the 53 feet would have, vis-a-vis single-family residences citywide. For that reason -- although, again, it did not have to go back to the PZAB. We believe that we have largely addressed the concerns expressed by the PZAB. Chair Gort: Okay. Mr. Garcia: In addition to that, sir, we should add into the record that we've been actively in touch with the Buena Vista East Historic Neighborhood Association, and they too had expressed the same concern about the abutting heights of 53 feet to the single-family residences. And the 40-foot restriction, which would go into effect prior to the passage of this item, would go a long way towards (UNINTELLIGIBLE) their concerns. And for precisely that reason, we are recommending that in your motion, if you should move for approval of this item, you include mention of the fact that it should take place -- or it should become effective 60 days after approval to allow the restriction to take place before this zoning change takes place. Chair Gort: Thank you. Does anyone else in the public would like to address PZ.4 and 5? Being none, close the -- Commissioner Dunn: Mr. Chair. Chair Gort: -- public hearings [sic]. Commissioner Dunn. Commissioner Dunn: I'd like to move it, and now I'd like to move it with the amendment that this item, if it does pass, that it will take 60 days. That way, it will give the item in PZ.9 the time to take effect. Vice Chairman Carollo: Second. Commissioner Suarez: Second. Chair Gort: It's been moved by Commissioner Dunn, second by Vice Chairman Carollo. Any further discussion? It's 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 on PZ.4, modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5-0 Chair Gort: Thank you. PZ.5 ORDINANCE 10-01359zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN TRANSECT ZONE TO "T4-O" GENERAL URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTH SIDE OF NORTHEAST 41ST STREET BETWEEN NORTH MIAMI AVENUE TO THE WEST AND NORTHEAST 2ND AVENUE TO THE City of Miami Page 56 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 EAST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01359zc CC SR 01-27-11 Fact Sheet.pdf 10-01359zc Analysis.pdf 10-01359zc Miami21 Map.pdf 10-01359zc Miami21 (Proposed).pdf 10-01359zc Aerial Map.pdf 10-01359zc PZAB Resos.pdf 10-01359zc CC Legislation (Version 2) - Fully Executed.pdf 10-01359zc ExhibitA.pdf LOCATION: Properties Located at the North side of NE 41st Street between North Miami Avenue to the West and NE 2nd Avenue to the East [Commissioner Richard P. Dunn - District 5] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 1, 2010 by a vote of 9-0. Also on December 1, 2010, they recommended approval for the three parcels fronting North Miami Avenue; located to the North of NE 41 st Street; to the East of North Miami Avenue and to the South of NE 42nd Street, by a vote of 5-4. See companion File ID 10-013591u. PURPOSE: This will change the above properties to "T4-O" General Urban Transect Zone. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13250 Chair Gort: PZ.5. It was read. Do I have a motion? Commissioner Suarez: Move it. Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Anyone in the public would like to address? Being none, close the public hearings [sic]. An ordinance. Maria J. Chiaro (Deputy City Attorney): An ordinance -- Chair Gort: You got to read it -- 5. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. City of Miami Page 57 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Thank you. Roll call. Priscilla A. Thompson (City Clerk): Wanting to make sure then with the 60 days from today, we are listing this as a modified ordinance. Ms. Chiaro: Yes, it is modified. Ms. Thompson: Thank you. Your ordinance on your modified second -- I'm sorry -- you roll call on your modified second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5-0. Chair Gort: Thank you. PZ.6 ORDINANCE 10-01360zc Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER TRANSECT ZONE TO "T3-R" SUB -URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF INAGUA AVENUE AND AVIATION AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01360zc CC SR 01-27-11 Fact Sheet.pdf 10-01360zc Analysis.pdf 10-01360zc Miami21 Map.pdf 10-01360zc Miami21 Map (Proposed).pdf 10-01360zc Aerial Map.pdf 10-01360zc PZAB Reso.pdf 10-01360zc CC Legislation (Version 2) - Fully Executed.pdf 10-01360zc ExhibitA.pdf LOCATION: Properties Located at the NE Quadrant of the Intersection of Inagua Avenue and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FI NDI NG(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on December 1, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to "T3-R" Sub -Urban Transect Zone. City of Miami Page 58 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Motion by Commissioner Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PZ.6 was deferred to the Commission meeting scheduled for February 10, 2011. Chair Gort: So we go to the -- Francisco Garcia (Director, Planning): The next item would be PZ.6. Chair Gort: PZ.6. Mr. Garcia: As pertains to PZ.6, which is a second reading for a rezoning of properties located at northeast quadrant of the intersection of Inagua Avenue and Aviation Avenue, we would respectfully request a continuance of this item as well. We received late yesterday a notice from one of the affected property owners that they had just recently become aware of this as they were seemingly out of town, and we are inclined to go along with that request, should it be the wish of the Commission to do so. Commissioner Sarnoff. Yeah, let me make a motion, but 1 don't want to move it to the 24th. I'd like to move it to another date. Can we move it to the next Commission agenda, Madam Clerk? Priscilla A. Thompson (City Clerk): That would be February 10. Commissioner Sarnoff. February 10. 171 make a motion to continue to February 10. Commissioner Suarez: Second. Chair Gort: Okay, there's a motion by Commissioner Sarnoff, second by Commissioner Suarez. Discussion? Any discussion? Being none, all in favor, state it by saying "aye." The Commission (Collectively): Aye. Chair Gort: Thank you. PZ.7 ORDINANCE 10-01335zt Second 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, AS AMENDED, BY AMENDING ARTICLE 1, DEFINITIONS, SECTION 1.2 DEFINITIONS OF TERMS, TO MODIFY THE DEFINITION OF UNITY OF TITLE AND BY AMENDING ARTICLE 7, SECTION 7.1 PROCEDURES BY ADDING A NEW SECTION, 7.1.7 UNITY OF TITLE, ESTABLISHING REQUIREMENTS FOR UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01335zt CC SR 01-27-11 Fact Sheet.pdf 10-01335zt PZAB Reso.pdf 10-01335zt CC Legislation (Version 2) - Fully Executed.pdf LOCATION: Citywide City of Miami Page 59 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 1, 2010 by a vote of 9-0. PURPOSE: This will modify the definition of "unity of title", create minimum requirements for unities of title, and establish covenants in lieu of unity of title as equivalents to unities of title. Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13251 Chair Gort: PZ.7. Barnaby Min (Zoning Administrator): Good morning. Barnaby Min, with the Office of Zoning. PZ.7 is here for second reading. It's an amendment to Miami 21 to clarify the procedures for unity of titles and to allow for covenants in lieu of unity of title. Chair Gort: Okay. Commissioner Sarnoff. I'll move it. Chair Gort: It's been moved. Is there a second? Moved by Commissioner Sarnoff, second by -- Vice Chair Carollo: Second. Chair Gort: -- Suarez [sic]. Public hearing. Is anybody would like to testify on this item? Being none, public hearing is closed. Any discussion? Being none, all in favor, state it by saying aye." Maria J. Chiaro (Deputy City Attorney): It is an ordinance -- Chair Gort: Oh, I'm sorry. An ordinance, read it. 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. Chair Gort: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.8 ORDINANCE First Reading 10-01242zt City of Miami Page 60 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01242zt CC FR 01-27-11 Fact Sheet.pdf 10-01242zt CC Legislation (Version 4).pdf 10-0124zt CC Legislation (Version 5).pdf 10-01242zt-Email-Todd Hannon.pdf 10-01242zt-Memo-Substitution for Item PZ.8 Change in Legislation.pdf 10-01242zt-Draft Resolution.pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 19, 2011. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Direction by Commissioner Suarez to the City Attorney and Administration, to include as backup documents for agenda items that involve ordinances to be passed by the Commission, County ordinances, State statutes, and Federal statutes that are interrelated to the agenda item; further directing that if there are potential conflicts with County, State, or Federal laws involving a proposed ordinance, to provide a legal analysis of the conflict, and for the analysis to be made part of the backup documents for the agenda item. Direction by Chair Gort to the Administration, to include in the next presentation of this item to the Commission, the promotional materials that will be used to educate the public on the process and procedures associated with this ordinance. Note for the record: Item PZ.8 was deferred to the Commission meeting scheduled for March 24, 2011. Chair Gort: PZ.8. Francisco Garcia (Director, Planning): Item PZ.8 is a proposed amendment to the City code, Chapter 17 of the City code, to clarify regulations pertaining to tree removal, tree trimming, and tree pruning in the City of Miami. The legislation before you contains a series of last-minute substitutions definitely not major, but we believe that they would help clarify items further. And this comes about as a result of continued meetings up to the last moment with committees that have been involved in creating this ordinance. The Planning Department recommends approval City of Miami Page 61 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 and the PZAB (Planning, Zoning, and Appeals Board) also recommended approval to you. And to present this item is Enrique Nunez, from the Planning Department, who has been working on this item throughout. Enrique Nunez (Chief of Urban Design, Planning): Good morning -- Chair Gort: Yes. Mr. Nunez: -- Mr. Chairman and members of the Commission. My name is Enrique Nunez. I'm the chief of urban design with the City of Miami Planning Department. I'm also a registered landscape architect in the state of Florida. I'd like to give you a brief summary of this item in particular. Chapter 17 of the City code is intended to protect, preserve, and restore the City's tree canopy. In an effort to better reach homeowners in the general public, there will be a public education component implemented by Sustainable Initiatives to teach proper care and maintenance of trees and how and where to apply for tree removal and tree pruning permits. The amendments to Chapter 17 help clam the definitions in Section 17.2 and the permit application requirements in Section 17.4. Furthermore, the amendments facilitate the tree removal and tree pruning permit process for single-family or two-family dwellings, homestead properties, by allowing the owner or the owner's representative to prepare the tree survey, tree disposition plan and tree replacement plan rather than having to hire a professional land surveyor architect or landscape architect. At this point, I'm ready to -- if you would like to go through some of the amendments, I can do so, or I can answer questions that you may have at this time. Chair Gort: I would like for you to go through some of the amendments 'cause I think it's very important that we can educate a community and we do need to really go into the community because just last night I was in a meeting with a group of residents and one of the questions was asked where do I get the permit and what trees do I cut, which one I don't cut. Mr. Nunez: Right. Chair Gort: So I think you got a lot of work ahead of you. Mr. Nunez: Well, first of all, also as background. The tree protection ordinance was originally adopted in 2004. In May of 2010, it was brought from the zoning ordinance into the City code, into Chapter 17 of the City code, entitled Environmental Preservation. Following the May adoption into the City code, there was a request from District 1 to find ways of facilitating the permit process and to better assist in looking for a public education component to work hand -in -hand with this code. So what we've done in -- with a committee of landscape industry professionals is to look at the May document and to make certain revisions that help clarify the definitions. As you will see, there are some definitions that were added, first of all, for -- there was always reference to ANSI (American National Standards Institute) standards, the ANSI A300 standards. ANSI means -- is initials for the American National Standards Institute, which is nicely defined in the definitions now and simplified for people to understand that this is a tree manual which establishes performance standards for the care and maintenance of trees, shrubs, and other woody plants. We also have added definitions for root pruning, and we have also looked within the tree abuse definition. We help clarify that pruning techniques which remove more than 25 percent of canopy crown or living foliage of a tree or otherwise not in accordance with the current ANSI A300 standards, unless a permit from the City is obtained, is with regard to tree abuse. Section 17.4 has been really clarified because this is a section that talks about the tree removal permit applications and requirements. It has now been enumerated as to what is required in order to obtain a tree removal or tree pruning permit and where it clarifies within these sections as to how single-family owners can now prepare their tree surveys, disposition plants and tree replacement plants without having the burden of having to hire a professional -- yeah, design professional, such as, you know, a landscape architect or an architect to prepare this. This obviously also helps facilitate our Code Enforcement Department, which is involved in City of Miami Page 62 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 administering this code and helps them in their work. If you have any questions, I'd like to answer them. Chair Gort: Yes. Vice Chairman Carollo: Mr. Chairman, thank you. Mr. Nunez: Yes, sir. Vice Chair Carollo: And ultimately, I'm going to ask for a deferral. I'll say the reasons first. I received the substitution late Tuesday. Second of all, if you all remember, I had issues with this ordinance back in May of 2010 and I was only Commissioner that voted against it. Question, this ANSI book -- Mr. Nunez: The American National Specifications -- Vice Chair Carollo: Right. Mr. Nunez: -- Standards Institute. Vice Chairman Carollo: I don't have a copy of it. I don't know if any of the Commissioners have a copy of it. Mr. Nunez: If I may, the -- Chair Gort: Excuse me. Let the Commissioner finish. Mr. Nunez: All right. Vice Chairman Carollo: I'll let him speak. Do you know if Code Enforcement has a copy of it? Mr. Nunez: What we have is the guidelines that are set within the Miami -Dade County Landscape Manual, which has been referred in this document since 2004. There are sections within that document which have the ANSI guidelines in a -- more of a, you know, simplified version, per se. The ANSI standards per se are several volumes of -- there are about four volumes of documents that have been abbreviated within the landscape manual and within that reference. Vice Chairman Carollo: Right. But then are we looking at ANSI guidelines or ANSI book 'cause it was my understanding that it was book or books plural? Mr. Nunez: Yes. Vice Chairman Carollo: And I'm starting to wonder -- and as a matter of fact, I had the discussion -- I forgot what Commission meeting it was -- not too long ago because apparently, Code Enforcement had a discrepancy with regards to what could be cited and how could it be cut and so forth. I remember speaking to various people in my office. And it seems like there was discrepancies and so forth. But in the meantime, I know for a fact, residents in my district are getting cited. And by the way, I would you know, very proudly say, listen, I was the only one who voted against this in May. And I -- you know, and I'm seeing if the professionals -- if you all don't seem to be exactly sure or at least have discrepancies, how can then the average citizen know exactly what they can and cannot do, even if they're acting in good faith. And the reason why I mentioned the book is because we -- as soon as I asked if you all have the volume -- the different volumes and the different books of ANSI, you're telling me well, we have the guidelines. But it seems like it's not just guidelines. There are books and -- City of Miami Page 63 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Nunez: Yes. But what is included within the landscape manual is basically a Cliff Note's version of those volumes that have always been -- that have been there all along. And there is no doubt among the landscape industry professionals as to what is acceptable under these tree care standards, and it's clearly described. We also follow what the County, DERM (Department of Environmental Resource Management) follows, which is those very same ANSI standards, since we use their manuals. There is no confusion among the landscape industry professionals as to what proper tree care methods should be. What is extremely important is to look to the public education component to be able to share this information with the general public, and we are looking to our Office of Sustainable Initiatives to be able to help with that public outreach program that they are working and collaborating with us in. Vice Chairman Carollo: Okay. And what I'm seeing is that even the landscape professionals have like a cheat sheet, like a guidelines, because it seems like the books are so enormous that there's so much information in there and you all even need guidelines. And you're saying that there's no discrepancy by anyone who's a landscape professional? Mr. Nunez: Within the committee, which worked on this City code, which is a committee of landscape industry professionals, including horticulturists, certified arborists, landscape architects, of which I am a registered landscape architect, have worked closely in looking at the ANSI standards and the way that this code is written. And what we've done is to help simplify and clarify portions of it in order to help the single-family owner to be better understand. And we know that for the layperson, it can be confusing, so we are pushing for this public education outreach that is truly necessary. Vice Chairman Carollo: I definitely agree with the public education, starting with this Commissioner right here. Mr. Nunez: Yes, sir. Vice Chairman Carollo: But at the same time, how many of these landscape industry professionals do you think are in Dade County? Mr. Nunez: There's quite a number. There is a -- there are certified arborists through associations, there's also horticulturists, and there's also landscape architects that are listed through the American Society of Landscape Architects that are very familiar with the standards, which are national. Vice Chairman Carollo: Would you say there's a few thousands of them or how many are there? Because it seems like these are -- Mr. Nunez: Well, I don't have -- Vice Chairman Carollo: -- the only people that know what's going on. Mr. Nunez: -- the particular list, but I would be happy to provide you with information as to the number of landscape industry professionals that there are in South Florida at a later date. Vice Chairman Carollo: Okay. With that -- I mean, I don't know whenever's appropriate -- I'm going to request that we defer this. Chair Gort: Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just have a question. I think this goes to some of the way that we operate as a city. We create these committees or commissions or City of Miami Page 64 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 whatever they are and they have, as the Vice Chairman said, experts, so-called experts in the field. We're not sure how many of those exist. But one of the things that's glaringly missing from this commission is residents. I don't know that there are any actual residents. And I think, you know, it happens sometimes in the planning context that, you know, you have these theories, these academic models, but you don't actually consult with residents and see how it's going to impact them, if they understand it. And just to get a little bit off topic, I remember growing up when they developed the Macintosh computer, how the -- the methodology was that they wanted to make it so that a 7 year old could understand it. And so, you know, I think it's important to have experts and it's important to have technical knowledge of certain -- of any kind of decision -making that you're going to be imposing, but you also need to have common sense and you need to have common residents so that you can see that there's no divide between the technical objectives and the public's ability to understand how to achieve those objectives. Mr. Nunez: Yes, sir Chair Gort: Let me tell you. Commissioner Sarnoff Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff. Commissioner Sarnoff. You know, it's all nice what we're saying, but we're all governed by the Miami -Dade County ordinance. Andl know that the Vice Chairman is very concerned when Accion came up because he wanted to make sure what we were doing was authorized by Miami -Dade County because that is our governing authority. So let me just read to you what Miami -Dade County says and what we're required to ascribe to; otherwise, we would be in violation of the law, and I'm sure nobody here wants to do that. And here's Miami -Dade County's landscape code. It's under section -- Chapter 18A, and it starts with applicability, just so you understand it applies to us. It says this chapter shall be a minimum standard -- not a maximum, not a medium. That's the floor. -- and shall apply to both the incorporated and unincorporated areas. And in the incorporated [sic] areas shall be enforced by the County and in the incorporated areas shall be enforced by the municipalities, provided any municipality may establish and enforce more stringent regulations as such municipality may deem necessary. And in the event this same provisions are not enforced within a municipality, the County will come in and enforce them. Now here's what they say about tree landscape maintenance, and the one we're concerned about is pruning. Trees shall be pruned, not may be pruned, not could be pruned; shall be pruned in the following manner. Trees shall be pruned in accordance with ANSI StandardA300 and the landscape manual. Now how bad or how deep is that manual? It's four pages. Four pages right here. Anything we do to change our ordinance and vary it one degree from the County is illegal, and I'm sure nobody here wishes to perform an illegal act. And I know we were concerned about the County when it was Accion and we were concerned about providing additional income or money to them, I should say, that the County may not have been approved of. So we understand that we can do something more stringent, but we can't do something less stringent. And yet, you find in this particular draft the word 5r. "And I'll ask Commissioner Suarez what 8r1neans, and he'll tell me it means well, you could do this or you could do that. And when we do the "or" and it says well, you can vary from ANSI Standards so long as you get an arborists to say so, but we can't vary from ANSI Standards 'cause the County doesn't let us vary from ANSI Standards. And I'm surprised that this professional staff would come before this Commission and suggest to them that you could do something that the County will not allow you to do, and it's very disappointing as a Commissioner to sit here and watch you do so. Now if you wish to petition the County and you wish to go before them and say this is just too onerous, this is just too much. These five pages are just too much for my folks to understand. So I looked at, curiously, who is getting fined for all these things. And I could tell you it is District 2 that bears the brunt of the tree ordinance. In a four -month period and 14 days, District 2 received 35 Code enforcement violations, of which it paid 31. District 3 received three, City of Miami Page 65 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 of which it paid none. District 4 received -- I'm sorry. District 1 received three, of which it paid none. District 4 received three, of which it paid one. District 3 received five -- three, excuse me. District 5 received three. So the brunt of this is being borne by District 2, rightfully wrongfully. It certainly has the most trees in the district. I could even tell you this that the degree difference between Coconut Grove -- we did this three studies three times in August of 2010. Coconut Grove was at 88 degrees. And we went out to the Upper Eastside and the Upper Eastside, which has a much less robust foliage, if you will, was 94 degrees. We did it in your district, Commissioner -- Mr. Vice Chair, and you were at 93 degrees. So the foliage performs a function: It keeps us cooler. It prevents heat islanding effects. And by the way -- I realize the City Manager's not there -- we passed an ordinance that this City has never followed, and that ordinance was there be no more blacktopping of our streets; that we would use a different color to prevent heat islanding. Yet, we have never followed that ordinance. I don't know why we don't follow the ordinance. Somebody told me they were unaware of the ordinance. But that's what this Commission's about. We're supposed to make people aware of the law, so let's be aware of the law. If you think this is a bad ordinance, then we need to go to the County and tell them, gosh, we're not interested in trees in Miami, or it's too onerous for us to have these trees, or it's not important enough for us to have these trees. And then we can lower our standards in our ordinance, but anything short of this is simply an illegal act. Chair Gort: Thank you. Anyone else? Vice Chairman Carollo: Mr. Chairman. Chair Gort: Yes. Vice Chairman Carollo: I'm a little confused. Are you for it or against it? Commissioner Sarnoff. I'm -- actually, if they take out -- Vice Chairman Carollo: You have me a little confused here. Usually I could follow it, but -- Commissioner Sarnoff I'm actually in favor of this, if they took the word "or" out. There's a word "or" that takes away the ANSI Standard and says you can come in with a certified arborist. Well, that's not what the County allows you to do. It says you cut in accordance with this five page book and you do so in accordance with ANSI Standard 300. Doesn't say "or." You can go out, get your best friend, who happens to be a certified arborist, and say, that look pretty good to me. Mr. Nunez: If might add. Chair Gort: Okay. You can answer that. Mr. Nunez: There's something, Commissioners, with regard to Miami -Dade County DERM, the enforcement section, that reviews the municipalities' versions of tree protection ordinances, was able to review our amendments and they wrote -- and Mr. Gary (UNINTELLIGIBLE), a special projects administrator or Dade County DERM enforcement section says, "Thank you for the opportunity to review your proposed ordinance. I received no comments from staff that would indicate any concerns with the ordinance." So they are in agreement with our modifications and we're good. Commissioner Sarnoff With all -- Chair Gort: Let -- Commissioner Sarnoff. Mr. Chair. City of Miami Page 66 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Yes. Commissioner Sarnoff With all due respect, I could tell you that a judge would care very little as to what a bureaucrat thinks the words say. The judge will read the words and the judge will decide is it ambiguous? Is it unambiguous? And then he will decide whether that person followed those rules. Now if what you're saying there's a discretionary standard put into the enforcement, I think the Vice Chair would say, as a former police officer, obviously, obviously. All I'm saying is we are policymakers here today. None of us are part of the Administration. What you guys do in your enforcement, we influence at best. We simply don't set your policy. And when we become disgusted with it, our only recourse is to ask the City Manager to either resign or to terminate him. That's our recourse. When you guys enforce the way you want and we don't like it, the only person we can reach out and touch someone is the City Manager. And I'm being overly stated but I think you get our point. Mr. Nunez: Yes, sir. Commissioner Sarnoff I just don't really care, all due respect, what a bureaucrat has to say. The words have meaning to me. And in the words of the President, as he said, "words do matter." Mr. Nunez: Very good. Chair Gort: Let me tell you, at the -- Commissioner Dunn, go ahead. Commissioner Dunn: I -- based on the discussion that has already been presented for or against a deferral, I would ask Madam Attorney to give me some guidance. Victoria Mendez (Assistant City Attorney): Basically, Miami -Dade County has two provisions. It has their own tree ordinance like ours, which is Chapter 24, and specifically sections -- starting with Sections 24-49, which talks about their tree preservation and their tree protection. In that ordinance, there's nothing that refers ANSI. However, if you look at the Miami -Dade landscape ordinance, which Commissioner Sarnoffspoke about, and that's in Section 18(a)1, there it talks about -- a little bit about tree preservation. The landscape ordinance pretty much has to do with new construction. And we have a landscape ordinance as well here in the City of Miami and that refers to also new construction. Anything having to do with existing, attached and detached single-family and duplex dwellings or the expansion thereof wouldn't have to comply with the landscape ordinance. The landscape ordinance does, in their sections, mention the ANSI standards with reference to tree pruning, and it says that if you're going to prune something in new construction, you need to comply with ANSI standards. With reference to the rest of the tree preservation, it does not say that. So that is why in our ordinance, we have the "or" because the ANSI standards are standards, as such, but mostly with new construction. So when you're going to construct something new, you better make sure that that property is untouched and unblemished with reference to all of its trees and that you properly follow Miami -Dade County and City code. Commissioner Dunn: So -- if I may just a little further -- given what you just said -- I believe I know the answer to this, even as a lay person -- which ordinance is superior? Ms. Mendez: Well, we have to -- the Miami -Dade County code, with reference to their landscaping, says to follow ANSI standards, and we are supposed to have it as a standard. Not necessarily a minimum standard, just as a standard, the way you're supposed to cut the trees, the way you're supposed to trim. But this ordinance that we're passing here today is proper. It's not -- we're not doing anything that is in conflict with the County code. City of Miami Page 67 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Vice Chairman Carollo: Mr. Chairman. Chair Gort: I think -- yes. Vice Chairman Carollo: This ordinance that we have before us, not that we're passing here today, that we have before us -- I don't think this is going to pass today. And as a matter of fact, I'm even hearing discrepancy within all of our members of our team, which further goes to what I'm saying. I think there's discrepancy. I think we really need to look at this before we actually vote on something. And once again, I think it's very appropriate for us to defer this item until all parties meet and we have a better understanding of exactly what it is -- what the County ordinance say, what does it apply to, landscaping, new construction, or so forth. And you know, I'm even questioning if Commissioner Sarnoff has a five -page guidelines or manual or ANSI. We just spoke right before that and we said that you have a guideline -- Mr. Nunez: We have a manual, yes. Vice Chairman Carollo: -- guidelines because the ANSI book or books, plural -- Mr. Nunez: It's books. Vice Chairman Carollo: -- so even that, I'm just all confused with this. So I think, you know, before I can take a vote, I need to be very well educated, as I've demonstrated, I think, in my short tenure here. Andl will move to defer. Chair Gort: There's a motion. I'd like to discuss the -- is there a second for discussion? Motion by Vice Chairman Carollo -- Commissioner Dunn: Second for discussion. Vice Chairman Carollo: And I'm sorry. Chair Gort: -- second by Commissioner Dunn. Vice Chairman Carollo: Instead of a deferral, a continuance so it comes back. Well, hold on, hold on. How much time do we need? Is a month enough --? Chair Gort: No. Wait a minute. Vice Chairman Carollo: Do we continue it to the same like --? I'm in no hurry. A month at least. Chair Gort: Yes. Vice Chairman Carollo: Yeah. Then I will continue PZ.8. Chair Gort: Okay. Commissioner -- Vice Chairman Carollo: So it's going to come in a same -like meeting, so in a month from now. Chair Gort: Motion by Vice Chairman Carollo, you have it, and second by Commissioner Dunn. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I'd like to see -- and this is for the City Attorney's office, I suppose, and also for members of staff who presenting an item that's in their sphere of influence. If an ordinance that we're going to pass or that we're considering City of Miami Page 68 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 interrelates with a County ordinance, the County ordinance should be in our backup. The County ordinance is not in our backup. Vice Chairman Carollo: I agree. Commissioner Suarez: And you know, if there's a conflict, if there's an interrelation, if it's a situation where there's a possibility that the County can assert home rule, there should be -- this should be in our backup. We should all have that information. That's part of the analysis. And I think, you know, Commissioner Sarnoff is very correct in bringing that up at this point. But there's no reason why we shouldn't have received that and -- that's part of the education process as to whether it's proper to pass this ordinance. I had no idea about the County ordinance and I feel terrible admitting that, that I didn't know that. So, you know, I probably should have known it, particularly since I'm one of the two lawyers up here. I should have thought of looking to the County ordinance. Yeah. But the fact of the matter is, we should -- any time a County or State statute, for that matter, or federal code -- you know, statute interrelates with an ordinance that we're passing, we should have that in our backup materials and we should receive it within five days of you know, our meeting as with any other information on our five-day rule. Chair Gort: Thank you. Just a little while ago, we had voted on -- defer one of the PZ (Planning & Zoning) items because of the state law that ask us to do so. We had to pass this ordinance because the County has an ordinance. And if we don't enforce it, they will enforce it. My problem is, I can tell you, 99 percent of the residents in my area do not understand. They don't know anything about this program. They don't know about the permits, and we've had that problem quite a bit. Mr. Nunez: Yeah. Chair Gort: You have a lot of landscaping. Within my district, you have a lot of buildings. They have nice landscaping that had been established. You have people taking care of those landscaping, which I'm sure they're not aware because they're not part of the top teams that got together. So you education -- and by the way, between Commissioner Suarez and myself I think we've given up at least about 1,000 trees within this year. We are all for it. We understand the importance of the trees and the importance for the climate and for the quality of life within that district, but our individuals -- a lot of times the County, the State, ourselves will implement ordinance without looking at the effect at the neighborhoods, the people. We need to inform them. We need to talk to them. We need -- they need to understand. Mr. Nunez: Yes. Chair Gort: And which trees are we talking about? And yet -- when you come back, I'd like to see the promotion that you're going to do, how you're going to inform individual. And I think it be -- not now; when you come back. You're going to get a chance to put a real good proposal together 'cause let me tell you, it's got to be very good for me to vote for it. Thank you. Mr. Nunez: Thank you. Chair Gort: Discussion. Commissioner Suarez: I'd like to just say one more thing, Mr. Chairman. We have legal limitations on the things that we can do as a body, and one of the things that we can't do is draft an ordinance that conflicts with a County ordinance. We just -- we can't do that, as the Commissioner said. We don't have that authority. So I'm assuming that every time there's a proposed ordinance, that the City Attorneys office is checking to make sure that there's a conflict. City of Miami Page 69 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Mendez: Yes. And that's why I said that this ordinance as -- is properly brought before you. Commissioner Suarez: Right. Ms. Mendez: We look at all the legislation that comes before you. Commissioner Suarez: And I'm not disputing that. And I didn't have a chance -- this -- before this Commission meeting to brief with the City Attorney. It may have come up in our briefing had I had that opportunity, and certainly not her fault. It was a scheduling conflict with the funerals on Monday. But just generally speaking, I think once you've done that analysis, it's a good idea to put it in our packet because what then may happen is we may change our focus as a Commission, which we did, by the way, in the Accion matter; and instead of discussing this ordinance, maybe passing a resolution to the City -- to the County Commission asking the County Commission to change its ordinance in a way that is more reflective of something that can be understood by our residents. And I still maintain that all professional associations -- and I have an item that's coming up now in terms of affordable housing -- it's great to have grandiose ideas. It's great to have professionals involved. It's necessary because you have that input from people who have studied it and who have made a living on it, but you also have to touch base with the residents and you have to pick their brain as well because at the end of the day, they're the ones that we serve and they're the ones that are being affected by this. So if that means that you study this issue, come back to the Commission and say, Commissioners, we need you to pass a resolution to advocate on behalf of our residents that the County Commission change its ordinance so that then we can change our ordinance, that's fine with me. Mr. Nunez: Yeah. Commissioner Suarez: You know, I -- that's the guidance, I think, that we're looking for here. Chair Gort: Thank you. Any further discussion? Yes, sir. Mr. Garcia: If I may, Mr. Chair. Just briefly to summarize a couple of concerns. As you have, I think, noted, we have between a rock and a hard place because what we understand fully is that we must be, at minimum, in compliance with County standards, and County standards involve the ANSI standards themselves. Now the ANSI standards are complex, there's no question about it. Nevertheless, we are forced to accept those and incorporate them into the City's ordinance, on the one hand. On the other hand, the attempt here has been to simplifir or provide clarity to those applicable regulations to the extent that we can through the amendment to the City code, and we frankly think that we're, if not there, very close to there. The reason I say all this is this. I think the best we can hope for in terms of our presentation to you within the next period of time is to provide you with materials that would help everyone, and ideally the lay public as well, understand fully what regulations apply so that they can be in compliance with them and not be surprised by Code Enforcement's action. For that reason, what we would request is that the continuance be for two months instead of one. I am told by the Office of Strategic Initiatives that they're working hard on the material, but they would certainly benefit from having two months to prepare materials that would be to your satisfaction possibly. Vice Chairman Carollo: And as -- Chair Gort: Okay. Vice Chairman Carollo: -- the maker of the motion, I would accept -- Chair Gort: Okay. The sec -- Vice Chairman Carollo: -- deferral. It would have to be a deferral then. City of Miami Page 70 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Thompson: Correct. Vice Chairman Carollo: Correct? Ms. Thompson: Right. Vice Chairman Carollo: And on the date, Madam -- Ms. Thompson: March 24. Vice Chairman Carollo: Deferral to March 24. Mr. Nunez: Agreed. Chair Gort: And the seconder accept the amendment? Commissioner Dunn: Yes. Chair Gort: Yes. Okay. Commissioner Suarez: I would just add that now that we have two months, if we approve this continuance, that you somehow reach out to the lay members of the public because if in two months, the determination is made that the ANSI standard is not workable because it's not understandable -- and I understand it's a five page book. I haven't read it, so that's my fault, and I will in the next two months, as soon as I'm given a copy of it. Even if it's just picking out the most pertinent principles of that book, if we -- to make it easier for our residents, then can pass a resolution urging the County Commission to change its code. I don't think the County Commission would ignore, you know, the will of this body in terms of having a code that is easier to understand. And I think one of the things, as lawyers, that we grapple with -- maybe we make a living off of it -- is the complexities of our laws. But the fact of matter is for our residents, what's best is that our laws are easy to comprehend and easy to understand and easy to abide by them. Mr. Nunez: Okay. Chair Gort: Okay. Any further discussion? Being none -- Vice Chairman Carollo: Mr. Chairman, just one last thing. Chair Gort: Yeah. Vice Chairman Carollo: Can I get the Cliff Notes? 'Cause I just heard -- Mr. Nunez: Yes. I -- Vice Chairman Carollo: -- five volumes. Commissioner Sarnoff: I gave Commissioner Suarez a packet. Mr. Nunez: Yes, sir. We -- Commissioner Sarnoff I'd ask his office to photocopy it and give it to you. Mr. Nunez: And -- Mr. Commissioner, I'll be happy to provide you with what's inside the City of Miami Page 71 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 manual. Vice Chairman Carollo: Thank you. Chair Gort: Okey-doke. There's a motion and a second. Any further discussion? Being none, all in favor, state it by saying "aye. " The Commission (Collectively): Aye. PZ.9 ORDINANCE First Reading 10-01454zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. "SPECIFIC TO ZONES," TO MODIFY STORY HEIGHT MAXIMUM FOR THE T4 TRANSECT ZONE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01454zt CC FR 01-27-11 Fact Sheet.pdf 10-01454zt CC Legislation (Version 2).pdf 10-01454zt ExhibitA.pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 19, 2011. PURPOSE: This will establish a maximum height for the "T4" Transect Zone as forty (40) feet. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: PZ.9. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ.9 is an amendment to the Zoning Ordinance of the City of Miami, the Miami 21 Code, which seeks to establish a maximum height in T4 zone citywide of 40 feet. This item has been presented to the PZAB (Planning, Zoning, and Appeals Board), which has recommended approval of it, and the Planning Department also recommends approval. Commissioner Suarez: Move it for discussion. Commissioner Dunn: Second. Chair Gort: Been moved by Commissioner Suarez, second by Commissioner Dunn. Discussion. Commissioner Suarez. City of Miami Page 72 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Commissioner Suarez: Thank you, Mr. Chairman. I recall when we first discussed the companions that we were looking at, that this was kind of a precondition of us moving forward with those items, so I just wanted to put that on the record. Commissioner Dunn: Mr. Chair. Chair Gort: Yes, sir. Commissioner Dunn: I also would like to second, and my discussion piece is that the -- with the amendment that this item, if it passes, that it will not take effect until 60 days. Chair Gort: Any further discussion? Commissioner Dunn: Okay. Scratch that. Chair Gort: Okay. Further discussion? Being none, all in favor, state it by saying Bye." Priscilla A. Thompson (City Clerk): No, no, no. Commissioner Sarnoff.- Ordinance. Ms. Thompson: I'm sorry, Chair. Chair Gort: An ordinance. I'm sorry. Ms. Thompson: And then we have to have our public hearing. Chair Gort: Does anyone like to discuss this item from the public? Being none, we close the public hearing. Ms. Thompson: Thank you. Chair Gort: Ordinance. Sorry. Go. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Ms. Thompson: Now just wanting to make sure that the statement that Commissioner Dunn made regarding the 60 days, does that serve as a modi --? Commissioner Dunn: No. Ms. Thompson: Okay. Commissioner Dunn: Not on this item. Ms. Thompson: All right. Commissioner Dunn: I -- Chair Gort: No. Ms. Thompson: Thank you. Commissioner Dunn: -- it's for another item. But it's a companion item, but not this one. City of Miami Page 73 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Thompson: Okay, thank you. So we're on PZ.9. 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, 5-0. [Later..] Chair Gort: (UNINTELLIGIBLE) afternoon session. My understanding -- I had a request before we closed a little while ago. Mr. Elvis Cruz would like to see if the Commission would consider -- reconsider listen to PZ.9. Vice Chair Carollo: PZ.9? Chair Gort: Yes. Commissioner Sarnoff.- I'm sorry. Mr. Chair, what is your --? Are we rehearing --? Chair Gort: The item that they'd like to see if we're willing to bring it back is the ordinance of the City of Miami in PZ.9, Miami 21 ordinance number 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, by the Article 5, "Specific to Zone [sic]," to modifit story height maximum for the T4 transect zone, containing a severability clause and providing for an effective date. Vice Chair Carollo: And what's the purpose of this, bringing it back? I mean, we heard it already. We had our discussion. Why --? Chair Gort: I had a request from Mr. Cruz. That's why I'm bringing it to you guys. Elvis Cruz: I could answer your question, if you'd like, Commissioner. Vice Chair Carollo: Sure. Chair Gort: Identifit yourself. Vice Chair Carollo: It was -- Mr. Cruz: Yes. Vice Chair Carollo: -- after 10 a.m., right? Chair Gort: Yeah. Vice Chair Carollo: So we met all the requirements. Mr. Cruz: Elvis Cruz, 631 Northeast 57th Street. Commissioner, it was taken out of order, and we had planned on being here. MNU (Miami Neighborhoods United) had done a lot of preparation on this issue. And by it being taken out of order, it threw us for a loop and it was heard before we arrived. Commissioner Dunn: Mr. Chair, I mean -- Vice Chair Carollo: I yield to my fellow colleagues. Commissioner Dunn: -- isn't it in Commissioner Suarez district, I think? City of Miami Page 74 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Vice Chair Carollo: And he's in the MPO (Metropolitan Planning Organization). Mr. Cruz: It's citywide. Commissioner Dunn: Citywide, citywide. But -- I mean, out of courtesy, I will listen, but I'm pretty much resolved in my position. Chair Gort: Right. Vice Chair Carollo: I could tell you, I don't even have the material in front of me because I left it -- you know, we were done with it, so I left it in my office. I don't even have the material in front of me. Ms. Chiaro: Mr. Chair, this is a legislative item so there's no preclusion for the individual Commissioners to speak with Mr. Cruz, and it's also first reading, so it's not enacted and the public hearing is required on the second reading. Vice Chair Carollo: Thank you, Madam City Attorney. Commissioner Sarnoff Mr. Chair. Vice Chair Carollo: And I appreciate that 'cause, like I said, I don't even have the item in front of me. I left it in my office since we were done with it. So with that said, no, I say we continue and then upon second reading is when, you know, he could do his presentation and so forth. But you'll have adequate time -- Chair Gort: Commissioner Sarnoff Vice Chair Carollo: -- at second reading. Commissioner Sarnoff Let me just -- How long is your presentation? Mr. Cruz: Three minutes. Commissioner Sarnoff Okay. Out of courtesy, what I'm going to ask, as I think Commissioner Dunn was suggesting -- it's a first reading. There's ample time to do things on second reading, but you did come down here, and as they say, you may have misjudged your time and maybe we did things much faster 'cause we have a much faster Chair now. So I'd like to hear what you have to say if it's a three -minute presentation for three minutes, and if some Commissioner then seems to think they need to reexamine or reconsider, that's their choice. But if you want to make yourself as part of the record -- Mr. Cruz: May I, Mr. Chairman? Chair Gort: Go right ahead. Three minutes, that's it. Mr. Cruz: Thank you, sir. I appreciate -- Chair Gort: We're not going to make any decisions. Mr. Cruz: -- that very much, and I apologize for the situation. What T4 height limit is most in the public interest, 35 or 40 feet? As you know, T4 is three stories, and this is a photograph of a three-story building next to a single-family home. Imagine if that were your single-family home or your constituents'. MNU endorses 35 feet height limit next to T3 neighborhoods and we've City of Miami Page 75 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 done so for many years and have said so to the Commission many times. It's caught us by surprise that the Planning Department did not confer with us before formulating this legislation. But where do we get 35 feet from? It comes from a standard fornmla, 15 feet for the first floor, 10 feet for upper floors. And this is the norm. It's a commonplace standard; 15, 10, and 10 is 35 feet. And that came from Lourdes Slazyk of the Miami Planning Department. In fact, the City's own Upper Eastside Master Plan in some places recommended 30 feet, not 35. And the Upper Eastside Miami Council, with a number of associations, recommended 30 feet also, but were going for 35 feet. But is 35 feet realistic? Let's look at some real -world examples. Here you see a proposed building where the floor interval is 10 feet. You can see right down the middle of the screen. This particular building has 10 stories with a floor interval of only 9 feet; 9 not 10. You've all been to Legion Park, I'm sure. The auditorium in there has a very high ceiling, would be fully acceptable as a first floor commercial. That's at 11 feet, 5 inches. That's Alexander Adams of the Planning Department; more on him later. Is 35 feet commercially viable? Here's plans for a building that has a roof slab of only 35 -- 34 feet, 5 inches, below 35 feet, and here's the actual building. It exists. It's on Ocean Drive. Next to it, the building on the right, is the most successful commercial building in all of Dade County on a income -to -square -foot basis. That two-story building makes more money than any other in Dade County on a per -square -foot basis. There's the front of the three-story building. Here's yet another three-story building, 34 feet, 6 inches. It also exists in a very high -end area. So, yes, it is very commercially viable to have 35 feet as a height limit. Here's the first floor of that building. It is not cramped. And here's the upper floors. Your own City Commission offices, there's the ceiling height, 7 feet 10 inches, up to a maximum of 8 foot, 10 inches. They could all be accommodated. So we proposed a compromise. Build the building as desired No individual floor height limit, only a total building height limit of 35 feet. Remember, T4 is next to single-family homes. It's not downtown. High -end offices don't occupy three-story buildings next to single-family homes. Chair Gort: Thank you, Mr. Cruz. Mr. Cruz: Please do the right thing. Thank you. Chair Gort: Thank you. Commissioner Sarnoff. Thank you. PZ.10 ORDINANCE 11-00022zt 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, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1. "DEFINITIONS," ARTICLE 3. "GENERAL TO ZONES," AND ARTICLE 7. "PROCEDURES AND NONCONFORMITIES" TO FACILITATE DEVELOPMENT OF AFFORDABLE HOUSING BY PROVIDING INCENTIVES INCLUDING MODIFICATIONS OF ARCHITECTURAL AND DESIGN STANDARDS AND PARKING REDUCTIONS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00022zt CC FR 01-27-11 Fact Sheet.pdf 11-00022zt CC Legislation (Version 2).pdf LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami City of Miami Page 76 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 19, 2011. PURPOSE: This will facilitate development of affordable housing by providing incentives including modifications of architectural and design standards and parking reductions in certain transect zones. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Gort: All right, PZ.9, we already approved it. PZ.10. Commissioner Suarez: Mr. Chairman, ifI may have a -- Chair Gort: Yes. Commissioner Suarez: -- point of privilege on PZ.10. PZ.10 is an affordable housing development incentive ordinance that sets out different things that someone who is certified by an affordable housing developer -- development can take advantage of. And in essence, what it does is it provides for density bonuses for certified affordable housing developments, it provides for parking reductions in limited circumstances where they are within proximity of a transit -oriented development or where they're certified as an elderly housing development, and it also protects single-family residential neighborhoods from the application of these bonuses and reductions. I wanted to say a couple of things. One is our office, as you all have known, we had been working on this legislative piece, on this ordinance for many, many months. We've met with -- not only with experts in the field with the Planning Department and people from that community, development community, but we've also met the residents of the City of Miami who are going to be impacted by this legislation. Members of Miami Neighborhood [sicJ United were good enough to take the time and energy to participate with us in this process. The legislative package went before the PZAB (Planning, Zoning, and Appeals Board) board. It was approved 8-1 with some specific conditions that were also proffered by Miami Neighborhoods United. What I'm asking today the Commission to do would be to pass this on first reading. There's no specific rush to pass it, other than the need, the critical need that there is in this community. There's no specific rush to pass this legislation in its entirety. So I would ask that the second reading of it be postponed for at least a month so that I can go back and discuss with the members of Miami Neighborhoods United, with members of the Planning community, and members of the development community those six items that were made as suggestions by the Planning, Zoning, and Advisory [sic] Board and also by Miami Neighborhoods United. And before, you know, opening it up to the public, before -- Chair Gort: Commissioner Suarez, if you'll allow me, let staff read the ordinance. Commissioner Suarez: Sure. Of course. Chair Gort: Let him make the presentations. Commissioner Suarez: Okay. Francisco Garcia (Director, Planning): My apologies. I will simply summarize what the Commissioner has stated. Item PZ.10 is an amendment to the Miami 21 Zoning ordinance in order to provide certain incentives for the development of affordable housing in the City of City of Miami Page 77 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Miami. The proposed amendment has been reviewed by the PZAB and it has met with their favorable recommendation with certain conditions, which I'm happy to read into the record, and the Planning Department certainly recommends approval as well. I'll read briefly some of the recommendations set forth by the Planning, Zoning, and Appeals Board. They are recommending that the transportation -oriented development radii, which we are proposing be increased to three quarters of a mile, be kept at one-half mile, which presently they are. The PZAB recommends as well that LEED (Leadership in Energy and Environmental Design) standards be kept in place as in substitutable as opposed to providing an option to substitute them with the applicable industry standards provided by the state of Florida. They additionally ask that the period of time which would be required of the development proposals to remain affordable, which is 15 years as proposed, be increased to 30 years. In addition, they are recommending that the warrants for certain incentives provided -- the warrant required for certain incentives provided be required for proposals within 500 feet of T4 as opposed to immediately abutting T4, so expanding the radius for the warrant requirement. In addition, they would like the warrant itself to be replaced with exception, thus making it a public hearing, plus as opposed to an administrative process, which is appealable. And lastly, that the change proposed to give the City Commission first jurisdiction on these items instead be relegated to the PZAB for original jurisdiction and subject to appeal to City Commission. There is one additional condition, but that condition has already been incorporated into the ordinance that you have reviewed, so that would not need to be addressed at this point in time. Chair Gort: Thank you. Commissioner Suarez, I want to thank you because I know you and your staff had been working on this quite a bit, but I wanted the staff go ahead and make their presentation. Please continue. Commissioner Suarez: Thank you, Mr. Chairman. I would move it again with the condition that we not rush for second reading and that we -- you know, that my office has an opportunity to meet with members of the community and members of the planning and development community to address these conditions and see how they can be worked on. I just wanted to kind of give a 50, 000 foot perspective of the need. Part of the discussion throughout the process of creating this ordinance was a concern that there may not be -- or what is the need exactly for affordable housing. In other words, is there a quantifiable need for affordable housing? And interestingly, the day that it went before the PZAB board, I happened to have a meeting with the County HUD (Department of Housing and Urban Development) director. And this is obviously countywide and it gives a snapshot -- it's not a comprehensive study of the need, but it does give a snapshot of what our affordable housing demands are and supply are in Miami -Dade County. Currently, there are 9,200 public housing units and 105 government -owned sites throughout the County, with over half of them being located in the City of Miami. There's an additional 13,000 Section 8 units, which is a voucher program -- Chair Gort: Right. Commissioner Suarez: -- throughout the County. So that's a total of22,200 households which are taking advantage of our affordable housing programs at the County. In 2008 there was a waiting list or there was an opening for that program. The last time there was an opening for that program was 2008, two years ago. It was open for 30 days. In 30 days, there were 70,000 household applications. In 30 days, okay. The average number of residents in a household is 2.5, according to County HUD, which means that just in 2008, in 30 days snapshot, there was 175, 000 people applying for public housing in that period. So you know, you think to yourself, well, it's been, you know, two years since 2008, and all that stuff. How have we met that demand? Our current turnover rate for affordable housing in these programs is 1,400 units per year. So in 2008, we had a demand of 70,000 in 30 days, and we were only able to turn them over at a rate of 1,400 per year. In addition, based on our current census data, there are over one million people in Miami -Dade County that are eligible for public housing, one million people, according to the housing director -- the HUD director. So I would posit that there is a City of Miami Page 78 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 critical need for affordable housing in the City of Miami. And because of that critical need, there is a need for a legislation that specifically addresses it. So I just wanted to give that kind of global perspective to why I felt so passionate about pushing this legislation. Commissioner Dunn: Mr. Chair. Chair Gort: Thank you. Yes. Commissioner Dunn: I'll second the motion. Chair Gort: It's been moved by Commissioner Suarez, second by Commissioner Dunn. We open it up to the public. Is anyone in the public would like to discuss item --? Being none, we close the public hearings [sic]. Commissioner Sarnoff. Mr. Chair. Chair Gort: Yes. Commissioner Sarnoff.- I'm -- first, Commissioner Suarez, I know your inevitable aim, but my question to you would be slightly different in terms of your method and your incentives. You're creating what in the industry is known as monolithic buildings, which means that you're going to allow 80 percent of the building to be 60 percent AMI (Average Medium Income), people earning in the $20,000 a year range. So most cities, whether it's Montgomery County, Maryland, whether it's Chicago, whether it's Atlanta, Georgia, have been tearing down monolithic buildings at the pace of about 60,000 per year. And I had the honor of going to FAU (Florida Atlantic University) and actually being schooled for two days in prop -- good planning. And it seems that planners today are looking for mixed -use buildings and mixed -income buildings. And if you put a building that is 60 percent people earning between 20 to 24,000 a year, it used to be called the warehousing of the poor, and I wonder if you'd be better suited to put a varying degree ofAMI, which means adjusted [sic] medium income, and going from 60 at a certain percentage to 100 at a certain percentage to 120 at a certain percentage, and then leaving a certain market rate available so that you have non -monolithic buildings. I researched this when Miami 21 came about because it was doing some degree of changing. The City of Miami was really the only major metropolitan area that was continuing monolithic building of the poor, and I wonder -- you know, as we make decisions here, we probably won't know what it's like for four or five years, but in 14, 15, and 30 years, these decisions will resonate for a long, long time. And I can't support a monolithic income like that. The other thing that I've empirically noticed as well as some anecdotally, especially on Biscayne Boulevard, diminishing parking requirements is merely putting that into the community. I can tell you, countless buildings, whether they are actually -- you know, at the height of the recession, some of these Biscayne units that came online at a certain time were charging 6 and $800 a month, which was, I thought, very affordable. And what happened was a lot of these folks got permits or permission from the City to vary their parking. They didn't -- and their parking was completely filled, and up and down Biscayne Boulevard on the side streets, you would see the rest of the parking for the building. And I think there's some sort of ideology out there that people at a lower income don't drive cars, and that has never been my experience. They may be a couple years older. They may be -- but I think in Miami predominantly, until we get away from driving, that there is going to be people driving vehicles, whether it's a different type of vehicle or an older vehicle, so be it. And I just question whether a radius of one-half mile is even a correct statement because I would say Biscayne Boulevard would probably be considered a transit corridor, and I could give you the suggested buildings to go to. You can go at 8 o'clock at night and you can go at 12 noon, and you will see two things in play. One, inadequate parking, and some people saying well, why would I park in the building which charges me $30 a month when I could park for free on the street? And so just be careful when you do your parking requirements. Just try to do some sort of a study to satisfy yourself. There are a number of projects. Commissioner Dunn has a few of them. I know the City of Miami Page 79 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 lady -- what's -- is that a Pinnacle one you see on 1-95 with the big lady on it? Commissioner Suarez: With the Britto, yeah. Commissioner Sarnoff Yeah, the Britto one. You take a look at that one, you see where they park, and just ask yourself -- and supposedly, they're within a radius of mass transit as well. So I might be able to support you with your end results. I just wonder the monolithic income and monolithic mixed use -- or I should say without having mixed use is really going to be tough for me to support you on this, but I just bring them to your -- for you to bear out. I don't know ifI could support you on a first reading, but I'll do my best if, on second reading, you could at least visit them and make your comments. Chair Gort: Thank you. Commissioner Suarez: Mr. Chairman. Chair Gort: My understanding is Commissioner Suarez willing to look at the different options and do some research, meet with people and meet -- and my suggestion, any one of us that have any suggestions -- because a lot of us have been looking at this as one of the problems -- and send it to you. I don't have any problem in passing this on first reading. Commissioner Suarez: Mr. Chairman, ifI may just -- Chair Gort: Okay. Yes. Commissioner Suarez: -- address two of the issues that Commissioner Sarnoff mentioned. I think one of them had to do with monolithic buildings. I think you're right. I think historically, housing was monolithic buildings. It was public housing. And it was not only monolithic buildings, but it was very ugly monolithic buildings. We have one in my district, which is Smothers Senior Center, which looks more like an insane asylum from the outside than it does a housing project. I think what you've seen, although I understand that there is a -- in the new affordable housing developments, there is a monolithic component to it because 80 percent of them have to fall within that range. They look beautiful. They don't look at all like the public housing projects that they used to look like, and I'm sure you've been to several of them. They look like buildings that belong in Brickell. So even though the residents are monolithic in income, the product -- the final product is beautiful, and it looks like a Brickell condominium. So you're -- in essence, you're giving someone who could never afford to live in a place that beautiful, because it's been subsidized by the government, you're giving them rent that is far below what they could pay for something of that caliber. So that's why I think in this particular case and because of the -- some of the financing formulas that are available, I think you can get a monolithic population without having a monolithic look to the building. The building looks like a very high -end building. So that's one point that I would make. Second point is sometimes -- this has to do with planning -- the idea of having mixed income is a great idea, certainly, but the financing vehicles that we have available don't necessarily always -- we can't tell them we want your money, and by the way, we want to tell you how to do it. They don't -- unfortunately, it doesn't work that way. For example, with TIF (Tax Increment Fund) financing, it's a competition statewide. And so they want to see number of units. They want the biggest bang for their buck. And so, you know, there are other ways that we can create mixed income housing. And I want you to know that I'm not in any way, shape, or form -- this is the first kind of shot over the bow, and it's taken me a long time to get even here, about six months. But certainly, this is in no way, shape, or form where I'm going to stop. I'm certainly going to continue to push forward, with the Planning director's help, on promoting mixed income affordable -- or workforce housing or whatever the latest buzz term is. But it is a little bit tricky from a financing perspective. We do have other pots of money that are not necessarily state tax increment financing. There's Community Development. There's HOME (Home Investment Partnership City of Miami Page 80 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Program). There's NSP (Neighborhood Stabilization Program). So there are other ways that we can encourage affordable housing, whether it be elderly, whether it be, you know, workforce. And I will continue -- beyond this, I will continue to advocate for that, so you can rest assured there. Commissioner Sarnoff.- Mr. Chair. Chair Gort: Thank you. Commissioner Sarnoff There are two bills going in front of our Legislature pushed by Governor Rick Scott. Follow both those bills. It's going to change the way affordable housing is going to be pushed and promoted by the State. Chair Gort: Good. Commissioner Suarez: And I have to say just one last thing, because this was expressed in Miami Neighborhoods United in their meeting, and it wasn't reflected in one of the comments, but it is important. One of their members said that it appears that affordable housing is very much bent in favor of new construction versus rehabilitating already existing construction and how that may create a competitive disadvantage for people who already own low-income housing, vis-a-vis that new construction. But what I've learned through this process is actually, 50 percent of the affordable housing dollars that are going to be allocated in this next funding cycle are going to go to rehabilitate already existing affordable housing, so it's not going to be solely dedicated to a new affordable housing or new construction. And then also, you know, in our Community Development dollars, we also dedicate a substantial portion of those dollars, and CRA (Community Redevelopment Agency) also dedicates a substantial portion of those dollars to rehabilitating already existing affordable housing so that, you know, you can -- you already have the brick and mortar up and you simply -- you need to just refresh it. So by no means is this perfect, I guess, on first reading, but I'd love to have your initial support on first reading. I'll go back to work. There's no rush to pass this necessarily and come back with something else. Chair Gort: Thank you, sir. I'm sorry; the public hearing has been closed. Chris Zangrilli: Will you reopen it, please? Chair Gort: Excuse me. The public hearing has been closed. The only way you can add, if one of the Commissioners will ask you a question. Mr. Zangrilli: May I ask a question? Commissioner Suarez: What do you have to say? Mr. Zangrilli: My name is Chris Zangrilli, and I represent the chairman and the board of the Little River Business District, as well as property -- Chair Gort: I need you -- Mr. Zangrilli: -- owners in Allapattah. Chair Gort: -- I need your address, please, sir. Mr. Zangrilli: I'm sorry. The -- this is being set as an affordable housing. Chair Gort: Excuse me, sir. I need your address. City of Miami Page 81 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Zangrilli: Oh. Chair Gort: Name and address. Mr. Zangrilli: 12 Northeast 101st Street. My name is Chris Zangrilli -- Chair Gort: Thank you. Mr. Zangrilli: -- and I'm a city planner. This says that it's an affordable housing initiative, which is defined as 120 percent of the median income. And in the City of Miami, that's typically $52, 000 a household, which is about $26, 000 per person. So a single-family household would be about $26, 000. Now this says that if you are going to receive the benefits of this program, you have to build 80 percent of your units at or below 60 percent of the median income, which turns out for a single person, that's about 12, 13, $14,000, so we're not really looking at affordable housing here. We're looking at extremely low-income housing, nearly Section 8 housing, and good planning typically involves mixed incomes. But this bill is forcing you to build for extremely low-income housings in neighborhoods where most of the housing already is extremely low income, so there won't be any mix of incomes there, and I just want to go on record as saying that. Chair Gort: Okay. Mr. Zangrilli: This will be a negative impact for most -- Chair Gort: Thank you, sir. That was discussed a little while ago. Yes. Commissioner Suarez: Mr. Chairman, yeah, essentially that's the point that the Chair -- that Commissioner Sarnoff made, which is -- and I think you -- I don't know if it was you or someone from your organization, a Ms. Wong, I believe, sent me an e-mail (electronic) yesterday, and I replied to the e-mail saying that -- and I asked my staff to reach out to Ms. Wong immediately so we can set up a meeting with your organization to see what kind of an impact it will have, this legislation may have. This legislation doesn't mandate anything. What it does is it gives special incentives for developers who can take advantage of it in the affordable housing context, so it doesn't really mandate anything. There are a bunch of restrictions on how you can get some of the waivers, so we have to apply it to your district specifically so you can see exactly what kind of an impact it would have. I have no problem sitting down with your organization and discussing that. And as I mentioned to Commissioner Sarnoff I agree that mixed income affordable housing or workforce housing or whatever you want to -- however you want to term it, is something that we should aspire to as well, but you can't -- you know, when - again, going back to my initial point, when the State of Florida is telling you we're going to finance these projects on the basis of number of units for a particular population, under a particular scheme, you can't tell them, we want your money, but we want to do it our way. So that's kind of the tension that there is on that issue. But I agree with you. You know, we can continue to work on this, and I'd love to meet with you and discuss it with you. Mr. Zangrilli: Thank you very much. Chair Gort: Thank you. This is first reading. There is -- so there's a second reading, and the second reading that will be the final decision, and I'm sure the Commissioner will receive a lot of input before the second reading. Yes. Commissioner Dunn: Just -- Mr. Chair, I just want to chime in just a tad bit. I want to, first and foremost, commend my colleague, Commissioner Suarez. We were at a couple of groundbreakings and housing initiatives in my district. And I do concur with Commissioner City of Miami Page 82 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Sarnoff that the mixed use is the way. However, the challenge is to -- and I know this is a work in progress -- find a balance. Because what has happened historically is when projects would be online, in many cases it would cause very, very painful displacement for the residents, which is another word that is a bad word in our community, gentrification. And so trying to deal with this -- and you've prefaced everything that you did today by saying this is just the first reading and that we're going to take our time and walk through it, but I just want to thank you for your due diligence and certainly thank Commissioner Sarnofffor adding to the discussion the fact that mix use -- because you don't want to create -- and it's coming from me -- another slum area, and that's the last thing we want to do. But at the same time, how do you strike that balance. So I can appreciate the discussion and dialogue. And certainly, I know we will -- we'll walk through this process. So I do want to thank you for -- Chair Gort: Thank you, Commissioner Dunn. By the way, if you all want to look at some of the mixed use, you can look the one at the YMCA (Young Men's Christian Association) that was built. It was a joint venture with a non -for -profit and a for profit and -- on 17th Avenue and 24th Street, and you can see the mixed use that it have in there. They have residents. They have businesses. They have social services. And that's what really works in a community. It's a ordinance. Will you read it. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. As the Vice Chair would say, on first reading I can support this ordinance, but I do look forward to -- Chair Gort: To second reading. Commissioner Sarnoff.- -- second reading. Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Chair Gort? Chair Gort: Yes. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Gort: Come back at 3? Commissioner Sarnoff Aren't we done? Chair Gort: Come back at 3? Vice Chair Carollo: 3. City of Miami Page 83 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 PZ.11 06-00840x1 Chair Gort: Okey-doke. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOW A CHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. 06-00840x1 CC 01-27-11 Fact Sheet.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 Analysis.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 PZAB Reso.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 CC Legislation (Version 3).pdf 06-00840x1 CC Legislation (Version 4).pdf 06-00840x1 Exhibit A.pdf LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Special Exception on June 30, 2010 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the expansion of an existing daycare center and an increase in the number of children from 30 to 60. Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Vice Chair Carollo: Mr. Chairman. City of Miami Page 84 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Yes. Vice Chair Carollo: I think we've got two items left, and they're -- they both somehow deal with me. One was RE.3, which I tabled, and the other one is PZ. 11, which is in my district. And I think we can move these quickly. I don't know if -- Chair Gort: Thank you. You got it. Vice Chair Carollo: I'm sorry. Ben Fernandez: Thank you. Vice Chair Carollo: Yeah. Commissioner Sarnoff Thank you. Vice Chair Carollo: Since we got Francisco here, should we do PZ.11 first? Yeah, Mr. Chairman -- Chair Gort: Yeah, let's finish PZ (Planning & Zoning). Vice Chair Carollo: Yeah, let's do PZs. Thank you. Mr. Chairman, could we move on to PZ.II? Chair Gort: PZ.11. Francisco Garcia (Director, Planning): Thank you, sir. Item PZ. II is an appeal of the denial of a special exception located at 1800 and 1806 Southwest 2nd Court. The special exception requested was to expand an existing daycare to increase the number of children from 30 to 60. That application was denied by the Planning, Zoning and Appeals Board and it is before you as an appeal, as stated previously. I have conferred with the applicant, and the applicant has proffered a series ofself-imposed conditions that would go some way, part way towards addressing staffs concerns. However, I don't believe that at this point in time we could actually recommend approval. Our recommendation at this point in time stands as denial. Or in the alternative, should you care to continue the item to a date certain, I am certain that if we have time to meet further with the applicant and some of the abutting property owners, it is highly possible that we will be able to figure out a solution. Vice Chair Carollo: Mr. Chairman -- Chair Gort: Yes. Vice Chair Carollo: -- I move to continue PZ.II. Commissioner Sarnoff Second. Chair Gort: Been moved and second. Continue to when? Vice Chair Carollo: Continue is to the same like meeting. In other words, to the next PZ meeting, which will be -- Madam City Clerk? Priscilla A. Thompson (City Clerk): February 24. Vice Chair Carollo: -- February 24. City of Miami Page 85 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Okay. There's a motion. Is there a second? Commissioner Dunn: Second Chair Gort: Motion by Vice Chairman Carollo, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Vice Chair Carollo: Thank you. PZ.12 RESOLUTION 10-00044x 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 GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST2NDAVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORI DA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x CC 01-27-11 Fact Sheet.pdf 10-00044x ZB Appeal Letter.pdf 10-00044x Analysis.pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent.pdf 10-00044x Application & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-Submittal-Miguel Diaz de la Portilla-Notice of Continuance Letter.pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West City of Miami Page 86 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Apartments, Inc., Adjacent Property Owner APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Maria J. Chiaro (Deputy City Attorney): And Mr. Chair, as to PZ.12 and PZ.13, you all received, I believe, a letter at 3:30 yesterday afternoon from Miguel Diaz de la Portilla informing the Commission that he was taking part in legislative committee meetings in Tallahassee. There is a statute which provides that a continuance of any items for a representative is something of an automatic continuance, but for in emergency situations. So items PZ.12 and 13, pursuant to Florida Statute 11.111, should be continued. Chair Sarnoff What's the statute? Ms. Chiaro: I wrote -- Chair Gort: Okay. Chair Sarnoff What's the statute? Ms. Chiaro: 11.111. Vice Chair Carollo: By the way, I haven't received that letter yet -- Ms. Chiaro: Okay. Vice Chair Carollo: -- but -- Ms. Chiaro: It came -- Chair Gort: (UNINTELLIGIBLE) have it. Vice Chair Carollo: -- I'll take your word for it. Ms. Chiaro: -- by e-mail (electronic). It did not come by post. It came yesterday afternoon at 3:30 by e-mail. Vice Chair Carollo: And you agree with the statute that it's -- that we, under Florida Statute, whatever you mentioned, have to continue it? City of Miami Page 87 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Chiaro: Yes, but for emergencies. I will tell you that I requested an amended letter because the letter that you did receive only referred to one item. I know the representative represents on two items. This is the charter school matter. And further, I asked for a confirmation that the meetings that the legislator was holding were required meetings because that's the language in the statute. Vice Chair Carollo: Did you get any --? Ms. Chiaro: I did get a confirmation in writing, an amendment to the letter. Chair Gort: Was delivered this morning. Ms. Chiaro: And I got -- and I will receive an amended letter. And Mr. Diaz de la Portilla's associate is here and provided that to me. Vice Chair Carollo: And by the way, just a correction, Senator Diaz de la Portilla. Ms. Chiaro: Senator Diaz. Vice Chair Carollo: It was mentioned -- yeah. It was mentioned representative before. It's senator. Chair Gort: Okay. Elinette Ruiz: Commissioners, just -- I -- Chair Gort: Excuse me. Ms. Ruiz: I'm Miguel de la Portilla's associate. Vice Chair Carollo: Your name. Ms. Ruiz: I provided her with an amended -- Chair Gort: And you are? Ms. Ruiz: Elinette Ruiz, with Becker and Poliakoff I'm Miguel Diaz de la Portilla's associate. I provided her with an amended letter this morning. Chair Gort: And your address? Ms. Ruiz: My address where I live? Chair Gort: Yes. Ms. Ruiz: Is 1581 Brickell Avenue. Chair Gort: Fine. Chair Sarnoff Your business address. Ms. Ruiz: Oh, business. It's 121 Alhambra Plaza. Good morning. Chair Gort: Okay. Any discussion? City of Miami Page 88 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Ms. Ruiz: Thank you. Chair Gort: I'll leave it up to you attorneys. Yes, sir. Francisco Garcia: Mr. Chair, Commissioners, Francisco Garcia, Planning director. Our request would be that the item be continued to a date certain, ideally February 24, which is the next P&Z (Planning & Zoning) meeting. Vice Chair Carollo: My -- Chair Gort: Okay. Thank you. Vice Chair Carollo: Yeah. But my question is this, in February 24, is there going to be another committee meeting and then they go into the session and then it's going to be sometime in May or after May and next thing you know, it's going to be election cycle again and, you know, this is going to be coming up right before elections and -- so that -- you know, I'm just seeing -- Ms. Chiaro: February 24 falls within the dates that are set forth in the statute. The senator has requested that the matter be continued to February 24. Vice Chair Carollo: Okay. Chair Gort: My question is, according to the law, does it limit the amount of deferral that person receives? Ms. Chiaro: It is -- your question is there a limit to the number of deferrals? Chair Gort: Yes. Ms. Chiaro: No. There are no -- there is no limit. They need to be reasonable and they need to be such that they do not affect due process rights. Chair Gort: Okay. Ms. Chiaro: This statute, however, sort of exempts these particular kinds of continuances because of legislative sessions from that statement that I just made to you. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: I make a motion to defer PZ 12 and PZ.13 to the February 10 -- Chair Gort: Twenty-fourth. Vice Chair Carollo: -- February 24 meeting. And can I defer both of them at the same time? Priscilla A. Thompson (City Clerk): Yes, sir, 'cause they're companion items. Commissioner Suarez: Second. Chair Gort: Okay. There's a motion by Vice Chairman Carollo, second by Commissioner Suarez. Commissioner Suarez: Mr. Chairman, ifI may, I have a couple questions -- City of Miami Page 89 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Chair Gort: Yeah. Discussion. Commissioner Suarez: -- on the statute. I looked at the -- I did receive it by e-mail yesterday. My question is do we have any discretion in terms of -- if the statute applies, is there any discretion in the legislative body to do something other than what the statute states? Ms. Chiaro: If you determine that there is an emergency related to the hearing on the item. Commissioner Suarez: That's an exception to -- Ms. Chiaro: That would be an exception under the case law. Commissioner Suarez: Under the case law -- Ms. Chiaro: Yes. Commissioner Suarez: -- that interprets the statute? Ms. Chiaro: Yes. Commissioner Suarez: Okay. Just wanted to know. Chair Sarnoff Mr. Chairman. Chair Gort: Yes, sir. Chair Sarnoff If you're going to move this to the 24th and you wish to have a full Commission, there's a very strong likelihood I will not be here on the 24th. Just putting that out there for you. Chair Gort: Right. Vice Chair Carollo: I'll tell you what, so we don't make a decision right away, I think we're going to have to defer it anyways, let's defer it to that meeting. And by the time that meeting comes, we'll see if we defer it again for you to be here or not or so forth. So we'll take that into consideration. But I think -- and again, I will want all the parties to be present. I would think the senator's acting in good faith and it's not something that's just going to be perpetually deferred and continued, and I would definitely give him the benefit of the doubt that he's, you know, acting in good faith; that, you know, he is our senator and he deserves the respect, especially when he's doing, you know, public service work up in Tallahassee. So I would defer it once again to February 24. Now at the same time, one of my colleagues mentioned that he may not be here in this meeting, so there's a likelihood that, depending on the circumstances, maybe under different parties, that we may -- I may try to defer it again or ask for a continuance. It depends. Or we may just hear it. And when I say hear it, I don't mean that long meeting that we had again. Just once again, what we discussed was for them to negotiate, for them to speak, see if they could come to some type of agreement and then present it to us for us to take the vote. So with that said -- Chair Gort: Okay. Vice Chair Carollo: -- if we could call the question. Chair Gort: Any further discussion? Being none, all in favor state it by saying Eye." The Commission (Collectively): Aye. City of Miami Page 90 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Commissioner Gort. Okay. Mr. Garcia: Additionally, if I may, Mr. Chair. On behalf of the Administration as pertains to the PZ agenda, there are no additional requests for a continuance at this time. Chair Gort: Okay. Thank you. PZ.13 RESOLUTION 10-00044x-a 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, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. 10-00044x-a CC 01-27-11 Fact Sheet.pdf 10-00044x-a ZB Appeal Letter.pdf 10-00044x Analysis.pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map.pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent.pdf 10-00044x Application & Supporting Docs.pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf 10-00044x-a-Submittal-Miguel Diaz de la Portilla-Notice of Continuance Letter.pdf LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at City of Miami Page 91 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 PZ.14 09-01464za Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: For minutes related to Item PZ.13, see Item PZ.12. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. 09-01464za CC 01-27-11 Fact Sheet.pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf APPELLANT(S): Bob de la Fuente, 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 March 22, 2010 by a vote of 6-1. 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: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City of Miami Page 92 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Note for the record: Item PZ.14 was deferred to the Commission meeting scheduled for March 24, 2011. Chair Gort: Next is SR.1. Barnaby Min (Zoning Administrator): Mr. Chair, ifI may? Chair Gort: Yes. Mr. Min: Barnaby Min, on behalf of the Office of Zoning. PZ.14, the Administration was contacted yesterday afternoon by Mr. Echemendia who stated he's unavailable and is requesting a deferral. Commissioner Suarez: Till what time? Chair Gort: PZ.14. Mr. Min: He's asking for a continuance to another day. Chair Gort: Continuance. Mr. Min: When I spoke to Mr. Echemendia, it was about -- was the second PZ (Planning & Zoning) meeting in March, if that's okay with the Commission. Commissioner Suarez: So moved. Chair Gort: Okay. It's been moved by Commissioner Suarez. Is there a second? Commissioner Dunn: Second. Chair Gort: Seconded by Commissioner Dunn. Vice Chair Carollo: Mr. Chairman. Chair Gort: Yes, sir. Vice Chair Carollo: It was my understanding -- and I could be wrong -- but it was my understanding that was going to finally be heard 'cause it keeps being continued or deferred or so forth. It seems like it's over a year. I know that we were trying to see if it would actually be settled or so forth, but it was my interpretation that, you know, this was it; we were going to hear it, and I see it being continued again. So I'm just inquiring. It doesn't matter to me either way. So I'm just inquiring. Mr. Min: The Administration's ready to proceed. Again, we were contacted yesterday afternoon by Mr. Echemendia, so it's actually the appealing party, the appellant who's requesting for the deferral. Commissioner Suarez: Mr. Chairman, ifI may? Chair Gort: Yes, sir. Commissioner Suarez: I think the reason why -- I think the appellant was actually initially pushing for us to hear it for today, so that's why we were -- I think in the last meeting we had determined -- City of Miami Page 93 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Mr. Min: Correct. Commissioner Suarez: -- that it would be heard today. Now he's the one that's asking for the additional time, so that's why, for me, from my perspective, it didn't bother me to do a deferral, so -- Chair Gort: Okay. Any further discussion? Priscilla A. Thompson (City Clerk): Chair, if I might. I'm sorry; I didn't catch the date that it's continued or deferred to. Mr. Min: I believe it's March 22. Would that be the PZ agenda in March? Chair Gort: Twenty-fourth. Mr. Min: Twenty-fourth? Ms. Thompson: No. March 24. Chair Gort: March 24. Ms. Thompson: Okay, so it's deferred to March 24. Thank you. Chair Gort: Okay. Mr. Min: Thank you. Chair Gort: All in favor, state it by saying aye." The Commission (Collectively): Aye. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 City of Miami Page 94 Printed on 2/7,2011 City Commission Meeting Minutes January 27, 2011 D4.1 10-01373 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION RELATING TO NON-PAYING RECIPIENTS OF CITY OF MIAMI MUNICIPAL SERVICES. 10-01373 Discussion - Non -Paying Recipients of City Services.pdf NO ACTION TAKEN Chair Gort: Do we have any other items? Pocket items. Commissioner Dunn: I got one. I have -- Priscilla A. Thompson (City Clerk): Chair, you do have district items. I don't know if you want to just continue them because Commissioner Suarez is not here. Vice Chair Carollo: He's in the MPO (Metropolitan Planning Organization) meeting. Ms. Thompson: Okay. Chair Gort: Which item was that? Ms. Thompson: District 4 has two items. If he's not here, we'll just show them as taking no action. Chair Gort: Yes, on blue pages. We'll leave them for next -- Okay, we ready for the blue page. Ms. Thompson: There are two items on the district pages. Both of them belong to Commissioner Suarez. Chair Gort: They all -- Ms. Thompson: He's not here so -- Chair Gort: Okay, so we continue to the next meeting. D4.2 DISCUSSION ITEM 10-01374 DISCUSSION RELATING TO THE HOMELESS DISPLACEMENT IN THE CITY OF MIAMI. 10-01374 Discussion Item - Homeless Displacement.pdf 10-01374-Submittal-NET Document.pdf NO ACTION TAKEN Note for the Record: For minutes related to Item D4.2, see Item D4.1. City of Miami Page 95 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 NA.1 11-00087 END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE BAN ON THE POSSESSION BY CIVILIANS OF MILITARY STYLE GUN MAGAZINES AS PROPOSED IN HOUSE RESOLUTION 308 SPONSORED BY REPRESENTATIVE CAROLYN MCCARTHY OF NEW YORK (LARGE CAPACITY AMMUNITION FEEDING DEVICE ACT); DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00087 Exhibit.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-11-0040 Commissioner Sarnoff. Can we take up a pocket item real quick 'cause they have the police here? Can we --? Gentlemen, could we just-- a real quick pocket item. Chair Gort: All right. Commissioner Sarnoff. It's not -- no cost expenditure. Don't panic. I -- if you don't mind. As you all know, we experienced a number of shootings recently in City of Miami, including Congresswoman Gifford [sic]. And going on right now in Congress is a bill, which is known as the Large Capacity Ammunition Feeding Device Act. What that does is -- and if you didn't know this, the person who shot at Congresswoman Gifford [sic] happened to be a man who was possessing two clips of 19 rounds each. And if you didn't know this, a 70-year-old woman grabbed the second clip and had the courage to actually prevent the second clip from going into the gun, and then he was tackled to the ground. One of the people who was -- I'm going to leave them nameless for now -- a person who was killed in the City of Miami on January 1 of this date had a 9mm and had 33 rounds on him. And again, potentially, a large capacity clip. No matter how you feel about guns -- and I am a gun owner -- I don't know why anyone would need to have clips that contain upwards of 30 rounds, 19 rounds. And I'm asking this Commission to support -- it's called the Large Capacity Ammunition Feeding Act. The Commissioners that are on the dais -- it's not a very long act. And I'm asking that we would -- Chair Gort: Resolution of support. Commissioner Sarnoff. -- a resolution supporting this. We would send it to our congressional delegation, which would include our senators as well as our congress folks, and ask the City City of Miami Page 96 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Clerk to transmit our resolution supporting this. Chair Gort: Make the motion. Commissioner Sarnoff So I make a motion thereto. Chair Gort: There's a motion of Commissioner Sarnoff. Is there a second? Commissioner Dunn: Second, yes. Commissioner Sarnoff And Officer -- Chair Gort: Second by Commissioner Dunn. Commissioner Sarnoff. -- Gentry is here, and he -- I just wanted to get the police take on this. Commander Richard Gentry: Yes. Mr. Chairman, members of the Commission. Good afternoon. I'll be real brief. I just wanted to on behalf of law enforcement -- you know, obviously a firearm and/or specifically an assault rifle in the hands of the wrong person, one round is a threat to all of us. You know, specifically for law enforcement -- you know, for example, for 2011, we've already had 15 officers shot -- killed in the line of duty, 10 as a result of firearms. In 2010, out of 162 officers killed in the line of duty, 59 have been shot and killed. And 2009, we had 120 officers killed in the line of duty, 47 as a result of a firearm. So when it deals with firearms and what have you, it's not just a law enforcement concern. It's a concern for all of us. So I want to thank you for supporting, you know, House Bill 308. We do endorse that from law enforcement, specifically with Florida State Statute 790.790 which governs all of us for any weapons or firearms for state of Florida that law enforcement take very seriously and holding somebody responsible if we make an arrest and then obviously forwarding it to the State Attorney's Office. So we thank you for your support. Chair Gort: Okey-doke. There's a motion and a second. Any further discussion? Commissioner Dunn: Just want to thank Commissioner Sarnoff for this. And also, down the road, I would also like to look at the assault weapon ban as well. Chair Gort: Yes. Commissioner Dunn: I think that is one of the biggest issues that we find particularly in my community, in District 5, but just in general. So I will support anything that might in any shape, form, or fashion serve as a possible deterrent to crimes, especially taking the lives of innocent people, especially innocent law enforcement officers. Commissioner Sarnoff Commissioner Dunn, just so you know, this Commission, prior to you -- I guess I'm the last guy standing, as they say, or last guy sitting -- we did pass a resolution asking that the assault weapons ban be reinstated. I can -- if you wouldn't mind, we can also include that in the package that we would send to the delegation. Chair Gort: Amend your motion. Commissioner Sarnoff So I'll amend the motion to include a resolution supporting HR 301 and a -- including in that package our previous resolution supporting the assault weapon -- supporting the reinstatement of the assault weapons ban. Chair Gort: Is the second --? Do you accept the amendment? City of Miami Page 97 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 NA.2 11-00085 District 5 - Commissioner Richard Dunn H Commissioner Dunn: Yes, I do. Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying aye." The Commission (Collectively): Aye. Chair Gort: Thank you. Commissioner Sarnoff. Thank you. Thank you -- Commander Gentry: Thank you, gentlemen. Commissioner Sarnoff -- Officer Gentry. Priscilla A. Thompson (City Clerk): So, Chair, we're in recess until 3 o'clock. Is that correct? Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $6,208.16, FROM THE DISTRICT 5 ACCOUNT, FOR THE 2011 JOSE MARTI PARADE BEING HELD JANUARY 28, 2011, AT JOSE MARTI PARK, LOCATED AT 351 SOUTHWEST 4 STREET, MIAMI, FLORIDA. 11-00085-Legislation. pdf Motion by Commissioner Dunn II, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-11-0039 Chair Gort: Pocket items. Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. I'm going to ask, Madam Attorney, if you would share the resolution. Julie O. Bru (City Attorney): This is a resolution of the Miami City Commission authorizing the allocation of funds in the amount of $6,208.16, from the District 5 account, for the 2011 Jose Marti parade being held January 28, 2011, at Jose Marti Park, located at 351 Southwest 4 Street, Miami, Florida. Vice Chair Carollo: And -- Chair Gort: There's a motion. Is there a second? Commissioner Sarnoff: Second. Chair Gort: Moved by Commissioner Dunn -- Vice Chair Carollo: Yeah. I'm just -- Chair Gort: -- second by -- City of Miami Page 98 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 Vice Chair Carollo: -- baffled because this is the first -- Chair Gort: -- Sarnoff. Vice Chair Carollo: -- I hear about this and this is a parade in my district and it's being paid for by District 5? Commissioner Sarnof Well -- Vice Chair Carollo: So I'm like baffled about this. Commissioner Sarnoff.- -- I heard that too and I was just curious. Vice Chair Carollo: You know, so -- I mean -- by the way, on a side note, any one of you all that want to contribute money to my district is welcome. But besides that, there's usually more to it. And like I said, it's the first I heard about this so -- Commissioner Dunn: Well, just ifI may, for the record. Recently, we had the Martin Luther King, Jr. Parade -- Vice Chair Carollo: Correct. Commissioner Dunn: -- and just wanted to show some fairness in how things have been done. And I know that the City has done a lot of in -kind services, so that's my way of showing gratitude. Vice Chair Carollo: Okay. Commissioner Dunn: Fair enough? And besides, you were there. Vice Chair Carollo: That's right. Thank you. Chair Gort: Any further discussion? Being none, all in favor, state it by saying Eye." The Commission (Collectively): Aye. Chair Gort: Pocket item. Vice Chair Carollo: There is funding in District 5, right? We're going to be all right? Commissioner Dunn: It's a new year, Vice Chair. It's a new chair -- it's a new year. Vice Chair Carollo: I mean that with all due respect. Just -- you know I'm skeptical. Commissioner Dunn: There is. Vice Chair Carollo: Thank you. Commissioner Dunn: I wouldn't put you or me out there like that. Vice Chair Carollo: Thank you. NA.3 DISCUSSION ITEM 11-00088 City of Miami Page 99 Printed on 2/7/2011 City Commission Meeting Minutes January 27, 2011 BRIEF DISCUSSION BY CHAIR GORT REGARDING POTENTIAL ACTIONS THAT CAN BE TAKEN TO ELIMINATE ILLICIT ACTIVITY THAT IS OCCURRING AT VACANT LOT LOCATED WITHIN HIS DISTRICT. DISCUSSED Chair Gort: Do you have a pocket item? Vice Chair Carollo: No, I don't. Chair Gort: It's not really a pocket item, but a discussion item that I'd like to bring up. I've received a lot of complaints from one property located at 1652 South -- Northwest South River Drive. And if you all -- as you all recall, when you come down the 836 and get off heading north on 17th Avenue, you have some beautiful homes in there. And in between those homes, you have this road and this little green area, which has become a nuisance for the people that live in that area. The problem that you have is that the dead-end street is being used by all kinds of activities that take place in the evening and criminal activities and all kinds of activities. Now in researching -- and I've had a lot of those lots within the City of Miami -- I requested from the Department of Public Works -- and they're looking into how many lots we have and what can we do with those lots. I mean, the City's in need of funds. A lot of those lots are being used by criminal activities because of the dead-end and where they're located at. And I'd like to bring that up. The administrators, already I've talked to them and I've asked them to please -- to come up with an idea of what we can do with that land. Either they can send it back to the -- divide it among the property owners within the boundary or if they don't want to do it, if we could sell it and get some revenue. But this alleviates some of the problems. Not only will we be eliminating some of the criminal activities that are going on in those places, but at the same time we have to maintain those places, so it'll be a savings for the City of Miami. So I just want to make you all aware of that because I'm pretty sure in your district you probably have the same thing. Is there any further business? Do I have a motion to adjourn? Commissioner Dunn: So move. Commissioner Sarnoff- Second. Chair Gort: Thank you. All in favor, state it saying liye. " The Commission (Collectively): Aye. ADJOURNMENT A motion was made by Commissioner Dunn, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Carollo and Commissioner Suarez absent, to adjourn today's meeting. City of Miami Page 100 Printed on 2/7/2011