City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, April 28, 2011
9:00 AM PLANNING & 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 II, Commissioner District Five Tony E. Crapp Jr., City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 28, 2011
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
DI - DISCUSSION ITEMS
PART B
PZ - PLANNING AND ZONING ITEM(S)
MAYOR AND COMMISSIONERS' ITEMS
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued.
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9:00 A.M. PRESENTATIONS AND PROCLAMATIONS
PR.1 PRESENTATION 11-00379
Honoree Presenter Protocol Item
National Community Mayor Regalado Proclamation Development Week
Arbor Day Commissioner Suarez Proclamation
Ana Rodriguez, NET Commissioner Suarez Certificate of Appreciation
11-00379 Protocol Items.pdf
PRESENTED
1. Mayor Regalado recognized “Bring Your Child to Work Day”, welcoming all of the children attending today's event, in addition to congratulating the children whose essays received awards from the City of Miami's “Green Miami” contest.
2. Mayor Regalado saluted Nola Garcia for her outstanding tenure as CEO of Battlebots IQ and the Battlebots IQ National Robotics Competition, a creative contest in which student-crafted, remote-controlled robots compete head-to-head; further applauding Professor Garcia's leadership in this unique and exciting educational milieu that features a multi-disciplinary educational robotics program providing public and private schools throughout the world with an opportunity to unleash the amazing creative potential of students .
3. Mayor Regalado paid tribute to 9-1-1 Public Safety Telecommunicators, honoring their diligent and faithful devotion to their responsibilities, and their critical contributions to preserving the security of all Miamians.
4. Mayor Regalado commemorated the Twenty-Fifth Anniversary of National Community Development Week, recognizing the outstanding accomplishments of the federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME), federal programs structured to provide services to members of our community with low to moderate incomes.
5. Commissioner Suarez applauded the National Arbor Day Foundation and the City's local sponsor, The Home Depot Foundation, for their support of this tree-planting initiative that serves as a catalyst for clean air and life-giving oxygen, while increasing property values, cutting heating and cooling costs, enhancing the economic vitality of our business areas and beautifying our communities.
6. Commissioner Suarez presented a Certificate of Appreciation to Ana Rodriguez, recognizing her exceptional service and dedication to the Flagami Office of the Neighborhood Enhancement Team, and applauded her contributions to improving the quality of life for citizens of the City of Miami.
Chair Gort: In addition to the celebration of National Poetry Month, we will be open the City of Miami Page 3 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011
Commissions [sic] meeting with a poem being read by Commissioner Sarnoff and a closing one by Commissioner Suarez.
Presentations made.
INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II
On the 28th day of April 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 9:29 a.m., recessed at 11:29 a.m., reconvened at 3:36 p.m., and adjourned at 8:55 p.m.
Note for the record: Commissioner Dunn entered the chambers at 9:49 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk
Chair Gort: (INAUDIBLE) April 28. With me, member of the Commission is Vice Chairperson, Frank Carollo, Commissioner Sarnoff, and Commissioner Suarez. At this time, I would like -- Commissioner Suarez, will you do the --
Commissioner Suarez: Yes.
Chair Gort: -- prayer and the pledge of allegiance by Commissioner Carollo.
Commissioner Suarez: Thank you, Mr. Chairman.
Invocation and pledge of allegiance delivered.
MAYORAL VETOES
NO MAYORAL VETOES
Chair Gort: At this time, Madam Clerk, do we have any mayoral vetoes?
Priscilla A. Thompson (City Clerk): We do not have any mayoral vetoes.
Chair Gort: Thank you.
APPROVING THE MINUTES OF THE FOLLOWING MEETING:
Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
Chair Gort: Do we have minutes to be approved?
Priscilla A. Thompson (City Clerk): Yes, sir. We have minutes to approve. That would be the minutes of the Planning and Zoning meeting of March 24, 2011.
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Vice Chair Carollo: So move.
Commissioner Suarez: Second.
Chair Gort: Been moved by Vice Chairman Carollo, second by Commissioner Suarez. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
END OF APPROVING MINUTES
ORDER OF THE DAY
Chair Gort: We now begin the regular meeting. The City Attorney will state the procedures that have to be followed during the meeting.
Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, and Mr. City Manager, members of the public. We're going to begin the regular portion of this City Commission meeting. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the code section about lobbyists is available at the City Clerk's office. The material for each item on the agenda is available during business hours and [sic] at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise-making devices. Please silence those now. Any person who makes offensive remarks or becomes unruly may be barred from further attending Commission meetings. And any person with a disability that requires auxiliary aids, please see 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. There's also a planning and zoning portion to this agenda, which will begin after 2 p.m. At this time, the Chairman will consider any items that are being continued, deferred.
Chair Gort: Thank you.
[Later...]
Chair Gort: Do any of the Commissioners would like to remove or -- any of the items in the consent agenda?
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I'd like to continue RE.1.
Chair Gort: RE.1.
Vice Chair Carollo: Yes, sir.
Chair Gort: RE.1. Anyone else? Yes, sir.
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Also like to continue RE.8 and CA.2, the -- we have a substitution that -- so we'd like to pull CA.2 for the -- because of the
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substitution.
Chair Gort: CA.2.
Mr. Martinez: CA.2. It's on the consent agenda.
Chair Gort: So RE.1, RE.8, and CA.2, so --
Vice Chair Carollo: CA.2 is just to pull it, not --
Chair Gort: To pull it, yes.
Vice Chair Carollo: Right.
Mr. Martinez: And for the DPZ (Department of Planning & Zoning) portion, we'd like to continue PZ.9 and PZ.13. The applicant for PZ.13 asked for the continuance.
Priscilla A. Thompson (City Clerk): Excuse me, Chair.
Chair Gort: Yes, ma'am.
Ms. Thompson: Because that portion is scheduled to start at 2, we can make the announcement now, but your action will have to wait until 2.
Mr. Martinez: Yes.
Chair Gort: But let me ask you a question. Can we make the announcement now in case anyone was prepared to come will not come?
Ms. Thompson: I think that is the plan.
Chair Gort: Okay, thank you.
Commissioner Suarez: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Suarez: I'd like to continue RE.5 and I will probably be asking for a deferral when it comes PZ time on PZ.8 in case the applicant decides they don't want to come. But I'll explain my reasoning -- you know, my reasoning at that time.
Chair Gort: Okay.
Commissioner Sarnoff: I'm sorry. What was the number?
Chair Gort: PZ.8.
Commissioner Suarez: And RE.5.
Chair Gort: And RE.5.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
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Vice Chair Carollo: I'd like to request a deferral, not a continuance, just two weeks, to the next meeting, for RE.3.
Chair Gort: RE.3.
Vice Chair Carollo: Yeah, to the next meeting.
Chair Gort: We might not have an agenda.
Vice Chair Carollo: What's that?
Chair Gort: We might not have an agenda. Okay. Do we have all that?
Commissioner Sarnoff: I'd --
Chair Gort: Yes.
Commissioner Sarnoff: -- also like just to announce it, then we'll -- just to announce it, but I intend on pulling from the agenda, which means it will not come back up until we reinstate it -- is that correct, Madam Clerk?
Ms. Thompson: That means it's withdrawn.
Vice Chair Carollo: Withdrawn.
Commissioner Sarnoff: PZ.6 and PZ.7.
Chair Gort: Okay. Do we have those?
Ms. Thompson: Now is that it?
Chair Gort: Anyone else?
Commissioner Suarez: So move.
Ms. Thompson: Wait.
Vice Chair Carollo: Second.
Chair Gort: Wait, wait.
Ms. Thompson: Let's make sure that you're making a motion at this point in time, correct --
Chair Gort: Yes.
Ms. Thompson: -- to continue RE.1. And when you're continuing, this will go to the May 28 meeting.
Chair Gort: Right.
Ms. Thompson: Okay. RE.8, to your May 28 meeting. CA.2 is simply being removed from the consent agenda over --
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Chair Gort: Right.
Ms. Thompson: -- to your regular agenda. When we get to the PZ, the announce -- the actual action will be taken -- if I'm not mistaken, the Assistant City Manager said that they will be looking at continuing PZ.1, is that correct?
Commissioner Sarnoff: And Mr. Manager --
Chair Gort: No. I understand PZ.9 --
Ms. Thompson: That's why --
Chair Gort: -- PZ.13.
Ms. Thompson: Okay. All right, so I'll put in PZ.9 and 13 for them. RE.5 --
Chair Gort: Correct.
Ms. Thompson: -- is being continued to May 28. Again, when we come to our PZ, we're looking at a possible deferral of PZ.8. Then a deferral of RE.3 to the May 21 [sic] meeting, and lastly, when we get to the PZ portion, there will be a withdrawal of PZ.6 and 7. So we only -- I'm sorry.
Commissioner Suarez: No. I just -- I don't know if you said RE.5.
Ms. Thompson: Yes, I did.
Commissioner Suarez: Okay.
Chair Gort: Yes, she did.
Ms. Thompson: So we just need the motion and the second and vote on those that you are continuing and deferring.
Chair Gort: It was moved by Commissioner Suarez and seconded by Chairman [sic] Carollo. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
CONSENT AGENDA
CA.1 RESOLUTION 11-00292 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), and Recreation AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION FROM THE MIAMI HEAT LIMITED PARTNERSHIP ("MHLP"), VALUED IN THE AMOUNT OF $28,542.84, FOR THE COMPLETE RENOVATION OF ONE ROOM TO BE USED AS A LEARN AND PLAY CENTER WITHIN THE GRAPELAND PARK RECREATION BUILDING, LOCATED AT 1550 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, CONSISTING OF NEW PAINT, WALL GRAPHICS, FURNITURE, FLOORING, NEW LIBRARY AREA WITH BOOKS, AND THE
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INSTALLATION OF SEVERAL NEW ELECTRONIC PLAY STATIONS, A PLASMA TELEVISION AND OTHER AMENITIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE ACCESS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MHLP, AND ANY OTHER NECESSARY DOCUMENTS, FOR SAID PURPOSES. 11-00292 Summary Form.pdf 11-00292 Legislation.pdf 11-00292 Exhibit 1.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0172
CA.2 RESOLUTION 11-00293 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT OF Program CONSTRUCTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), TO ALLOW THE CITY OF MIAMI ("CITY") TO CONSTRUCT AND MAINTAIN CITY-OWNED STANDARD IMPROVEMENTS ON THE COUNTY-OWNED STREET OF NORTHWEST 17TH AVENUE, FROM NORTHWEST 1ST STREET TO NORTHWEST 3RD STREET, MIAMI, FLORIDA, CONSISTING OF A NEW GUARDRAIL AND PIPERAIL INSTALLATION ON THE WESTERN SIDEWALK, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. 11-00293 Summary Form.pdf 11-00293 Legislation.pdf 11-00293-Submittal-Memo-Substitution for Item CA.2-Revisions to Covenant of Construction Agreement.pdf 11-00293-Exhibit-SUB.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-11-0173
Chair Gort: I have a motion and a second. We already voted on it.
Vice Chair Carollo: We voted.
Chair Gort: Okay, so we --
Vice Chair Carollo: We're on CA.2.
Chair Gort: CA.2.
Alice Bravo: Good morning. Alice Bravo, Capital Improvements director. CA.2 is a covenant agreement regarding the installation of guardrail along Northwest 17th Avenue, which is a County road. So the County agreed to allow us to install guardrail along this corridor with the provision that we also maintain the guardrail since we're installing it. We do have a
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substitution on this item to correct some of the liability language in the document, and those are changes proposed by our Legal Department that the County did accept to make to the document.
Julie O. Bru (City Attorney): If you want to --
Chair Gort: Okay.
Ms. Bru: -- the substance is is that the County had proposed indemnification language that really doesn't comply with 768, the statute regarding the sovereign immunity and the waiver thereof. So we modified the indemnity language to be in compliance with 768.
Chair Gort: Okay. Question. Being in compliance, what's the liability for the City?
Ms. Bru: We are agreeing to indemnify the County under 768 which has certain limits on -- for our own negligence. The way that they had proposed it, it would just be a broad indemnification that could have included their negligence.
Chair Gort: Right. So we only be responsible, liable for our negligence.
Ms. Bru: Our negligence.
Chair Gort: Okay. Any questions?
Vice Chair Carollo: Yeah. Mr. Chairman, is it --
Chair Gort: Yes.
Vice Chair Carollo: -- possible to table this and just take it up later? I'd like to speak with City Attorney and Ms. Bravo on this item a little bit further, if possible.
Chair Gort: No problem. Bring it back in a little while.
Vice Chair Carollo: And just so you know, it's an area in my district where -- and I have pictures. I just avoid showing the pictures so I don't take up too much time in putting up the computer and so forth. But it's an area where cars have constantly been going through the wood fences of the neighborhoods and the neighbors there are paranoid that at any given time, there's going to be a car going through, you know, their fence again and actually hit the house and could -- it's an issue of public safety. And the pictures will demonstrate how it's not something that they think could happen. It has happened many times, as you will see from the fences. And I thought it was appropriate, fitting, and definitely public safety matter to put a guardrail there. And I guess the issue -- since we put a guardrail there, the County wants some type of indemnification. Anyways, just like I scrutinize issues, I scrutinize issues in my district too, and I actually would like to spend a little time on discussing this with our City Attorney and Ms. Bravo. So, if possible, can we table this 'til --
Chair Gort: Sure.
Vice Chair Carollo: -- later on this afternoon?
Chair Gort: We'll bring it up later on.
Vice Chair Carollo: Thank you.
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Chair Gort: Thank you.
Ms. Bravo: Thank you.
[Later...]
Chair Gort: What other items we --?
Priscilla A. Thompson (City Clerk): Mr. Chair.
Vice Chair Carollo: CA.2.
Chair Gort: CA.2.
Ms. Bravo: Good afternoon. Alice Bravo, CA.2. CA.2 is a resolution authorizing entering into a covenant of construction agreement with Miami-Dade County for the installation of a new guardrail on Northwest 17th Avenue and -- which was completed as part of project B-3071 -- 30714, and we have a substitution for this item which provides for a change in the indemnification clause in the agreement that our Law Department requested and the County agreed to.
Vice Chair Carollo: So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved, second --
Vice Chair Carollo: As amended.
Chair Gort: -- as amended. Any discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
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. Vice Chair Carollo: Mr. Chairman.
Chair Gort: Do I have a motion on consent agenda?
Vice Chair Carollo: A motion for CA.1.
Chair Gort: Okay. There's a motion by --
Commissioner Sarnoff: Second.
Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Is there any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
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Vice Chair Carollo: Mr. Chairman.
Chair Gort: Do I have a motion on consent agenda?
Vice Chair Carollo: A motion for CA.1.
Chair Gort: Okay. There's a motion by --
Commissioner Sarnoff: Second.
Chair Gort: -- Vice Chairman Carollo, second by Commissioner Suarez. Is there any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
END OF CONSENT AGENDA
PUBLIC HEARINGS
9:00 A.M.
PH.1 RESOLUTION 11-00285 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK Development GRANT FUNDS, IN THE TOTAL AMOUNT OF $400,000, FROM THE CITY OF MIAMI ("CITY") DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY CAPITAL IMPROVEMENTS PROGRAM DEPARTMENT, SPECIFICALLY IN THE AMOUNT OF $250,000 TO LEGION PARK AND IN THE AMOUNT OF $150,000 TO DOUGLAS PARK, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR ELIGIBLE PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 11-00285 Summary Form.pdf 11-00285 Public Notice.pdf 11-00285 Legislation.pdf 11-0000285 Exhibit 1.pdf
Motion by Commissioner Sarnoff, 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
R-11-0168
Chair Gort: PH.1.
George Mensah: George Mensah, director of Community Development. Mr. Chair, PH.1 is a resolution transferring an amount of $400,000 in Community Development funds from District 2 Economic Development Reserve account and allocating the funds to -- for $258,000 to Legion Park and $158,000 to Douglas Park for eligible public facilities and improvement activities.
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Chair Gort: Thank you, sir. This is a public hearing. Anyone would like to testify on PH.1?
Mariano Cruz: Yeah, right here.
Chair Gort: Yes, sir.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street, City resident for the last 48 years, whatever. But I don't question the money spent for parks, Legion Park, all that. But I question the money in Douglas Park. You know why? Because we should take care of the residents first too. I go to Douglas Park. I go in there many times. (UNINTELLIGIBLE) when the Kiwanis built the playground there. You remember that years ago, okay, the playground. And the problem there that I see is that that park is used mostly by Coral Gables residents because the city of Coral Gables don't built any playground for the children. So my friend, Oscar (UNINTELLIGIBLE) live in (UNINTELLIGIBLE). (UNINTELLIGIBLE) is the continuation of 28th Street. His children go to that park. He doesn't pay taxes to the City of Miami, but he get the benefit of the park. I -- my children went to Hialeah First Baptist school and I have to pay a nonresident permit to the city of Hialeah for my children to use the park. Why should be us subsidizing cities that don't spend the money? And Coral Gables is a rich city, but they don't want maybe the boy from north Grove going there to the parks and say, oh, go to the City of Miami, all that Because that's the way it is. It's hypocrisy what they do there at the city. Build parks for the residents, for the children. No, let the City of Miami pay for them. Why should we pay? Like my children, I had to pay $100 a year to the city of Hialeah for my children to go to (UNINTELLIGIBLE) and go to (UNINTELLIGIBLE) Park and all the different places and for me to play racquetball there, okay. Why? Get them, check the resident. I know because I talk to the children that went to the park there. Most of them come from the Gables. Find out. But anyway, the money's well spent because I am for parks. When nobody was coming here for parks, I was the only person in the budget hearing was coming here. When the City of Miami, with Ferrer and all the other people, cannibalized the Parks Department to put more police on the street, I still was here --
Chair Gort: Thank you, Mr. Cruz.
Mr. Cruz: -- lobbying for parks. Thank you.
Chair Gort: Thank you. Appreciate it. Any further discussion?
Commissioner Sarnoff: No. I'd like to move it, Mr. Chair.
Vice Chair Carollo: Second.
Priscilla A. Thompson (City Clerk): If we can close the public hearing.
Chair Gort: Anyone else? Public hearing's closed. Motion from Commissioner Sarnoff, second by Commissioner Carollo.
Commissioner Suarez: Mr. Chairman.
Commissioner Sarnoff: Can I be recognized?
Commissioner Suarez: I want to also.
Chair Gort: Yes.
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Commissioner Suarez: After --
Commissioner Sarnoff: You know, I was going to say, Mr. Cruz, or anyone else listening out there, I was out there many times. I've been out there with Commissioner Suarez. I didn't stop and ask the kids for their driver's license I guess 'cause most of them didn't have it. I didn't ask them where they came from 'cause I couldn't tell a Coral Gables person from a City of Miami person. I didn't ask them for their resident cards. I really don't care. And I understand your point. A child is a child and should enjoy the green space and the park regardless of where they come from. My observation would be that I would say -- and I'll defer to Commissioner Suarez -- as I like to call it, the English Center crowd, which is right around where the English Center is there and Golden Pines and a couple of other -- that's a park that I would say 60 to 70 percent of the people easily -- and again, how you can say that -- 'cause I'm not going to tell you I can tell a Coral Gables person from a City of Miami person. But it appears to me that it's our kids using the park. Now we have issues with that park and Commissioner Suarez was there to hear the issues that we had. And we, I think, are identifying and implementing ways of fixing some of those issues, which are a little bit -- they suggested that there could be some gang-related issues, and we're going to deal with that. But, you know, I said this to the crowd there; I'll say it to you now. I'm going to improve all the parks in District 2. I'm not going to distinguish between the Upper Eastside, the Grove, what I call the English Center, west, east, north, or south. And if we, as a Commission, can't protect the citizens, then shame on us. That's our job. But I'm not going to not put an enhancement and betterment in a park out of some fear or someone's idea that a different municipality may send their kids there because I think kids are kids. And I think a Coral Gables kid is just as capable of playing with a City of Miami kid as a City of Miami kid playing with a Hialeah kid. And you know what, that's how you cross-germinate ethnicity, cultures. And if we're ever going to become one city with one future, then that is so better for it. I really don't care where the kids come from.
Commissioner Suarez: Mr. Chairman, if I may.
Chair Gort: Commissioner Suarez.
Commissioner Suarez: Thank you. First of all, I like cross-germinate. Very good. Good one. I want to thank Commissioner Sarnoff, and I want to note for the record that the meetings that we both attended were publicly noticed meetings where someone was there transcribing what was taking place. But that particular park is about two blocks, as the Mayor knows, outside of our district and it is incredibly highly utilized not only by members of our district, but I could say by members of the Vice Chairman's district. My sister happens to be in the Vice Chairman's district and use -- you know, uses that park. And so I think all our parks are used by, you know, not only everyone and from other different parts of the City of Miami but from all parts of the County really because it's a public facility. It can be used by anyone. That park has one of the most extensive swing areas and I think that's one of the things that attracts a lot of young families to go there. And I think one of the ideas that was requested in the meeting was, and that Commissioner Sarnoff committed to, putting the permanent flooring, that rubberized flooring under that park, which is I think going to be such an important improvement to that park. And I just want to thank the Commissioner for not only attending those meetings but, you know, listening to the constituents of District 4 who attend those meetings, of course, as well as his own. And not only listening, but acting on it. And so I very much support this.
Chair Gort: Thank you. Any further discussion?
Commissioner Dunn: Mr. Chair. I just want --
Chair Gort: Yes, sir.
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Commissioner Dunn: -- to basically be consistent. You know, this is something that we have demonstrated -- you have demonstrated, whether it be the City Commission or the CRB -- I mean, CRA (Community Redevelopment Agency) board that we will support parks wherever we can and whenever we can. And I had a humorous thought in terms of distinguishing Coconut Grove from Coral Gables. There's, in fact, a very thin line that separates Coral Gables from Coral -- from Coconut Grove. As a matter of fact, there's a colleague of mine that pastors a black church in Coral Gables. I just thought I'd put that on the record.
Chair Gort: Thank you, sir. Any further discussion? Being none --
Vice Chair Carollo: Mr. Chairman, yes.
Chair Gort: Yes.
Vice Chair Carollo: Continue with consistency, I want to be consistent and mention something that my colleague here stated. I know you know where I'm going with this. His sister lives in my district, yet goes to another district for a park. Why? Because District 3 does not have sufficient parks and so forth. So I just want to point it out again so when I'm up here and I -- complaining at the same time, I'm sure in the near future, come up with certain solutions and so forth, you'll see that it's not something that I'm coming out of, you know, the blue or -- I'm consistent with what I stated in, you know, the concerns in District 3.
Commissioner Suarez: Mr. Chairman, if I may.
Chair Gort: Yes.
Commissioner Suarez: I think maybe, if the Vice Chairman would like, we should have a discussion item on that specific issue and I'll tell you why. There are parks that we have in District 4, for example, that have space constraints. And so, we have an issue with one park in particular that wants to expand the number of tennis courts and we really don't have the space in that park to do it.
Vice Chair Carollo: Bryan Park.
Commissioner Suarez: Yes. And the citizens are really not -- you know, there's been a lot of talk about it. So maybe one of the things that can be done is we can help as -- because we have bond money that can be allocated for public improvements to do something similar like that in District 3, in an area where there's more space.
Vice Chair Carollo: Well, exactly. And that's why I said in the near future I will be coming towards -- to this Commission --
Commissioner Suarez: I'll --
Vice Chair Carollo: -- with --
Commissioner Suarez: -- be excited.
Vice Chair Carollo: -- some solutions.
Commissioner Suarez: I'll be excited to hear it.
Vice Chair Carollo: So thanks.
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Commissioner Sarnoff: Mr. Chair.
Chair Gort: Yes.
Commissioner Sarnoff: I need to amend this -- and I don't think it will -- to be anyone's concern. Instead of the money going to the Parks Department, it should go to CIP (Capital Improvements Program) where it will happen versus getting lost with the Parks Department. So I need to make the amendment that it will go to CIP and ask if the seconder will accept that.
Chair Gort: Okay, does the seconder accept that?
Vice Chair Carollo: Yes.
Chair Gort: Okay.
Commissioner Sarnoff: And the other thing I'd like to announce equally is you all know my initiative with regard to exercise equipment, the outdoor gym equipment. I just want you to know that Douglas Park will be getting its set of gym equipment and an announcement that I am cooperating with Commissioner Suarez to get gym equipment in one of his parks as well.
Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
PH.2 RESOLUTION 11-00286 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK Development GRANT FUNDS, IN THE AMOUNT OF $100,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 4 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO REBUILDING TOGETHER, MIAMI-DADE, INC., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE REHABILITATION OF SINGLE FAMILY HOMES IN DISTRICT 4; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID AGENCY FOR SAID PURPOSE. 11-00286 Summary Form.pdf 11-00286 Public Notice.pdf 11-00286 Detail by Entity Name.pdf 11-00286 Legislation.pdf 11-00286 Exhibit 1.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-11-0175
Chair Gort: PH.2.
George Mensah (Director, Community Development): PH.2 is a resolution of the Miami City Commission transferring an amount of $100,000 from District 4 Economic Development
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Reserve account and allocating it to Rebuilding Together for single family rehabilitation in District 4.
Chair Gort: Thank you. Public hearing.
Mariano Cruz: Yeah.
Chair Gort: Yes, sir.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. I am also the -- also chairman of ABDA, Allapattah Business Development Authority, and we get -- and we are a CB -- community based organization. I'm not going to complain anything about this. The Department of Community Development in the City's doing a great job. (UNINTELLIGIBLE) saw Mr. Mensah, Mr. Duran getting recognition for what they do. This is fine. I mean, all this public hearing about Community Development, fine with me. I agree with them. The only disagreement I get with the Department sometimes is the outreach to get the people that going to benefit 'cause many people, they don't know these programs. I don't know how you going to go about this for the people to apply for these things. Like I tell them, this is your government. This is your federal taxes. This is not money that comes from the moon or from other place. This is your money. But if you don't apply, you know what? We got to send it back to some other place (UNINTELLIGIBLE), okay, and that's it. The only thing I come to question is the outreach. Get to the people that going to benefit from this, people that are in foreclosure, people that are so desperate that go to all these bandits that, you know, you see -- you look at the TV (Television) and the radio, oh, we save your home, we save this, we save that, and they are bandits, bandits, where they have a license to steal. I don't know why, but they do it. But they don't know that all these programs exist. And I commend the Department because I know every time we send somebody there, it's well received (UNINTELLIGIBLE). So I got nothing -- no, I look at the agenda before. I said the only thing I was question was the thing -- not the children in the park, it's that we got to save money (UNINTELLIGIBLE) and we got to do -- because I used to go to Crandon Park, 25 cents to enter. Now you know how much it cost me over there? And then you got to pay for the parking and you got to pay this --
Chair Gort: Dollar fifty.
Mr. Cruz: -- you got to pay that. User's fee all over the place. User's fee. That's what they got there now.
Chair Gort: Thank you --
Mr. Cruz: Thank you.
Chair Gort: -- Mr. Cruz. I want you to know that's one of the things we discuss quite a lot with the CDBGs (Community Development Block Grants) and every time I go to any public hearings. I ask people to go to the NET (Neighborhood Enhancement Team) office. They have all the information there, but we have to find more -- because he's correct. I mean, a lot of times people are not aware of all the programs that we have. Now I close the public hearing. Any discussion?
Commissioner Suarez: Move it.
Vice Chair Carollo: Second.
Chair Gort: Been moved by Commissioner Suarez, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye."
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The Commission (Collectively): Aye.
PH.3 RESOLUTION 11-00287 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE DE-OBLIGATION OF STATE HOUSING INITIATIVE Development PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $184,761, FROM THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM; ALLOCATING SAID FUNDS TO THE STRATEGIES LISTED UNDER THE APPROVED LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEAR 2010-2013, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 11-00287 Summary Form.pdf 11-00287 Public Notice.pdf 11-00287 Legislation.pdf 11-00287 Exhibit 1.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0176
George Mensah (Director, Community Development): PH.3 --
Chair Gort: PH.3.
Mr. Mensah: -- is a resolution of the Miami City Commission authorizing the de-obligation of SHIP (State Housing Initiative Program) funds in the amount of 184,761 from the Florida Homebuyer Opportunity Program and allocating it to the regular SHIP program to be used for all the SHIP activities.
Chair Gort: Okay. It's a public hearing. Is there anyone in the public would like to address this? Being none, we'll close the public hearing. Commissioners.
Commissioner Sarnoff: I'll move it --
Chair Gort: Discussion.
Commissioner Sarnoff: -- for comment.
Commissioner Dunn: Second.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Commissioner Sarnoff, you're recognized.
Commissioner Sarnoff: Thank you, Mr. Chair. The next two items you're going to see are de-allocations of I think what was an attempt by the federal government to stave off foreclosures, and you're seeing what doesn't work. And you know, I think we should all learn from what doesn't work so not to implement it again. And I don't know if they should or
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shouldn't have known this would not have worked, but the marketplace is a mighty force, and it's very hard to put -- it's very hard to go against a hundred mile per hour wind with a little ten mile per hour puff. And essentially, I think that's what this is. You're looking at just too small an initiative, too small an incentive to go against what the banks wish to do with their foreclosures. I'm not criticizing. I'm merely pointing out that we should learn from this -- not us specifically 'cause I think we were concerned about this program from its inception, but also recognize that this did practically -- well, it did nothing.
Commissioner Suarez: Mr. Chairman, if I may.
Chair Gort: Yes, sir.
Commissioner Suarez: Thank you. I think this -- and I don't mean to harp on something and it's a little off point, but I think it goes back to the general frustration that we've all felt with the whole divide between economic development and social service, 15/85 percent rigidity in the way that we have to spend our money. And I think, you know, seeing government try to achieve certain goals and understanding our limitations there and sometimes realizing that we're not necessarily the best person or the most efficient person to achieve those goals, when we see programs that are working, like our social service programs where we see the actual benefit that the nutritional value, the actual benefit to our young children and our developmentally disabled population, we see that tangible benefit not only in the physical and nutritional value that they receive, but also in the psychic wellbeing that they get, and it's -- that's where the frustration comes in in our inability to, even with less funds overall, have more flexibility to do more. And I think that's kind of like the same thing that's going on here but a little different.
Chair Gort: The problem you have is some of the guidelines established by the federal government, it makes it very difficult. A lot of the people in our districts do not understand the procedures so they need a lot of help in there. Okay, any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
PH.4 RESOLUTION 11-00294 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE DE-OBLIGATION OF STATE HOUSING INITIATIVE Development PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $495,364, FROM THE FORECLOSURE PREVENTION PROGRAM; ALLOCATING SAID FUNDS, TO THE STRATEGIES LISTED UNDER THE APPROVED LOCAL HOUSING ASSISTANCE PLAN, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE(S). 11-00294 Summary Form.pdf 11-00294 Public Notice.pdf 11-00294 Pre Legislation.pdf 11-00294 Legislation.pdf 11-00294 Exhibit 1.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
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R-11-0177
George Mensah (Director, Community Development): PH.4 --
Chair Gort: PH.4.
Mr. Mensah: -- is a resolution also de-obligating the SHIP (State Housing Initiative Program) funds in the amount of 495,364, which was initially set aside for the foreclosure prevention program, and allocating said funds to the SHIP program for utilization in the other SHIP strategies.
Chair Gort: Okay, it's a public hearing. Is there anyone in the public that would like to discuss? Being none, I close the public hearings. Commissioner Sarnoff.
Commissioner Sarnoff: Same comments as before.
Chair Gort: You make the motion?
Commissioner Sarnoff: I do, and I --
Commissioner Dunn: Second.
Commissioner Sarnoff: -- will make that motion.
Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
PH.5 RESOLUTION 11-00295 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Community AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE TO Development THE FISCAL YEAR 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT SPECIAL GRANT AGREEMENT BETWEEN THE CITY OF MIAMI AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., IN SUBSTANTIALLY THE ATTACHED FORM, TO CHANGE THE ACTIVITY BENEFITING LOW TO MODERATE INCOME PERSONS, FROM "JOB CREATION" TO "AREA BENEFIT". 11-00295 Summary Form.pdf 11-00295 Special Grant Agreement 2010.pdf 11-00295 Pre Legislation.pdf 11-00295 Legislation.pdf 11-00295 Exhibit.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, 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-11-0178
Chair Gort: PH.5.
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George Mensah (Director, Community Development): Mr. Chair, PH.5 is a resolution authorizing the City Manager to execute amendment one to the fiscal year 2009-2010 CDBG (Community Development Block Grant) economic development special grant agreement between City of Miami and Rafael Hernandez Housing and Economic Development. This is to change the activity of the program from benefitting job creation for low income moderate persons to an area benefit.
Commissioner Sarnoff: So move.
Chair Gort: Okay.
Commissioner Dunn: Second.
Vice Chair Carollo: Second.
Chair Gort: It's a public hearing. Does anyone in the public would like to address this? Being none, we have a motion by Commissioner Sarnoff, second by Vice Chairman Carollo. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
PH.6 RESOLUTION 11-00296 Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Administration BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR THE PROCUREMENT OF ENVIRONMENTAL CONSULTING, ASSESSMENT AND CONTAMINATION CLEANUP SERVICES, FROM CHEROKEE ENTERPRISES, INC., FOR THE CITY OF MIAMI OWNED BROWNFIELD PROPERTY LOCATED IN THE LIBERTY CITY NEIGHBORHOOD, AT 6200 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $200,000, FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD CLEANUP GRANT, TO CHEROKEE FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
11-00296 Summary Form.pdf 11-00296 Memo- Waiver of Competitive Bidding.pdf 11-00296 Notice of Public Hearing.pdf 11-00296 Legislation.pdf 11-00296 Exhibit.pdf
Motion by Commissioner Dunn II, 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-11-0174
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Chair Gort: PH.6.
Lillian Blondet: Good morning. Lillian Blondet, Office of Grants Administration. Let me give you a little bit of background on this item. This is a -- the City of Miami has a property -- owns a property at 6200 Northwest 17th Avenue. The site was contaminated when a gas tank was removed years ago. We went and applied for a grant with the Florida Department of Environmental Protection Agency, and we were awarded a grant for the cleanup. It's a cost-sharing grant, where we would have to 35 percent and the State pays for 65 percent. Under this program, the City would have to use one of the contractors in the pool of contractors that have been pre-approved by the State and also we have to bring the 35 percent to the table. In addition, under this program the prices are fixed and set for each one of the tasks completed to clean the site. The City applied for a grant to meet the 35 percent matching funds for an EPA (Environmental Protection Agency) grant and it was awarded $200,000. So now we have 100 percent of the cost for cleanup of the property and it will not cost the City any money. So we had selected, under the State contract, a contractor for the cleanup and now we're coming to the City Commission for this resolution to approve the contractor for the EPA grant and award them the funding to complete the work. So this resolution is a resolution of the City of Miami Commission, with attachments, by a four-fifth affirmative vote, after an advertised public hearing, ratifying, approving, and confirming the City Manager's recommendation and findings pursuant to Section 18-85 of the Code of the City of Miami, Florida, as amended, waiving the requirements for competitive sealed bidding procedures for the procurement of environmental consulting assessment and contamination cleanup services from Cherokee Enterprises, Inc., for the City of Miami owned Brownfield property located in the Liberty City neighborhood at 6200 Northwest 17th Avenue; allocating funds, in the amount not to exceed $200,000, from the United States Environmental Protection Activity Brownfield Cleanup Grant to Cherokee Enterprises for said purpose; further authorizing the City Manager to negotiate and execute all documents necessary in a form acceptable to the City Attorney for said purposes.
Chair Gort: Thank you.
Vice Chair Carollo: Mr. --
Chair Gort: It's a public hearing. Is there anyone in the public would like to address this? Being none, we close the public hearings. Vice Chairman Carollo.
Vice Chair Carollo: Thank you, Mr. Chairman. I have a question.
Ms. Blondet: Sure.
Vice Chair Carollo: And I know we spoke about this, but I want to put it for the record. Why are you recommending that we waive the competitive bidding?
Ms. Blondet: The contractor -- we had a grant already with the State of Florida. Under the State of Florida program, they have a pool of contractors that they have been preselected and prequalified. Contractors that agree to participate on that program have to follow the State's guidelines, which include having a fixed price for the tasks that are being completed for the cleanup. So if we go to do procurement right now, we would still have to select a contractor that is on that list and that contractor would have to abide by those requirements, which include not charging more than what the schedule of values that the State has. So having competitive procurement would not be advantageous to the City in the sense that the prices will not vary.
Chair Gort: In other words, you're piggybacking on a state contract?
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Ms. Blondet: Yes.
Chair Gort: Okay.
Commissioner Dunn: Could -- I know what you -- I'm thinking. Just could you make it a little clearer? I'm not --
Vice Chair Carollo: Yeah.
Ms. Blondet: Okay.
Commissioner Dunn: -- yeah, I'm just --
Vice Chair Carollo: You were more con --
Commissioner Dunn: I'm trying to -- I know, I know.
Vice Chair Carollo: Right. She was --
Commissioner Dunn: I understand, but --
Vice Chair Carollo: -- more convincing when we spoke in my office.
Ms. Blondet: Okay.
Vice Chair Carollo: Now it's not as convincing.
Ms. Blondet: Oh, okay.
Commissioner Dunn: Okay. Just kind of make it --
Ms. Blondet: Cherokee --
Commissioner Dunn: -- a little clearer.
Ms. Blondet: -- is a contractor already on the list of vendors --
Vice Chair Carollo: Right.
Ms. Blondet: -- from the State of Florida. They're already selected by the State, and we have selected them for the contract that we have with the State of Florida. They're in the pool of contractors, and they have agreed to do the work under the guidelines of the State program, which includes a fixed price for each one of the tasks. So under those parameters, the EPA contract and the City contract would have to follow the State requirements in terms of prices because the EPA money is going to be a match for the State program.
Vice Chair Carollo: Are they doing that type of work for us right now?
Ms. Blondet: They have done the work before in other sites, yes.
Commissioner Dunn: So -- I'm almost there -- but -- so the advantage of going with Cherokee would be -- opposed to not having this waiver would be what?
Ms. Blondet: The advantage would be that they're already pre-approved. We can expedite the
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work that way.
Commissioner Dunn: Okay.
Ms. Blondet: Any other contractor that we use would still have to abide by the State requirements in terms of pricing and schedule. And we can start the work right away instead of having to go through all the procurement process that may take a few months, the City.
Commissioner Sarnoff: Mr. Chair.
Chair Gort: Mr. -- Commissioner Sarnoff.
Commissioner Sarnoff: This predates everybody on this dais -- I get to say this time -- and I think this was recommended to be purchased by, I think, Model City Trust. Is that correct?
Ms. Blondet: It's a property that was acquired through the Model City Trust.
Commissioner Sarnoff: When we acquired this property, did we acquire it as a Brownfield understanding it was going to need additional cleanup money to fix the --? In other words, did we get our discount?
Ms. Blondet: I'm not sure. I think it was deeded.
Commissioner Sarnoff: Shouldn't we know that -- Sorry?
Ms. Blondet: I think it was a deed, you know, from what I understand from what I read.
Commissioner Sarnoff: But shouldn't we know what the acquisition is prior to us, you know --? Shouldn't we understand the entire history of this property before we vote on it so that you could demonstrate to us this without a Brownfield would have been worth $300,000, and I don't know what the number is; with a Brownfield, it would only be worth $50,000 'cause this required $250,000 in Brownfield cleanup costs. This was factored into the price when the City acquired it. Or you come up here and you say, you know, Commissioner -- 'cause I have an e-mail (electronic) here that says they knew fully well that this was a Brownfield site when they acquired it. I want to know now was a discount placed into that price for the fair market value.
Ms. Blondet: I don't know, sir. I wasn't here. I'm not familiar with that. That was done long before I even got to the City.
Commissioner Sarnoff: 2003/2004.
Chair Gort: Commissioner Dunn.
Commissioner Dunn: I think there's one caveat to this process, though. It won't be any cost to the City. Is that what I heard you say?
Ms. Blondet: There won't be any cost to the City, and the City owns it. And if not, it's a Brownsfield [sic] site that will remain vacant until it's cleaned.
Chair Gort: My understanding is the Commissioners would like to know in the future, if possible, you get together with Public -- what do you call them? -- Facility [sic] and try to get the history of it. And I think it'll be important 'cause most of us here don't have the track record of a lot of the things that's being bringing [sic] to us. So I think it'll be a caveat to put a little more knowledge on it.
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Ms. Blondet: Okay, I agree.
Chair Gort: Thank you. Appreciate it. Any further discussion? Being none --
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes.
Commissioner Dunn: I'd like to move it.
Chair Gort: You move it. Commissioner Dunn moves it. Is there a second?
Vice Chair Carollo: I'll second.
Chair Gort: Vice Chairman Carollo seconds. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: Thank you.
Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry, Chair. I'm just trying to record all of your votes.
Vice Chair Carollo: Commissioner Suarez.
Ms. Thompson: Commissioner Suarez.
Chair Gort: Commissioner, yes? No?
Commissioner Suarez: Yes.
Ms. Thompson: Thank you.
END OF PUBLIC HEARINGS
ORDINANCES - FIRST READING
FR.1 ORDINANCE First Reading 11-00297 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Building and Zoning 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY ADDING A NEW SECTION 2-211, ENTITLED "DENIAL OR REVOCATION OF CERTIFICATE OF USE," CREATING AND IMPLEMENTING A PROCESS FOR THE DENIAL OR REVOCATION OF A CERTIFICATE OF USE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 11-00297 Summary Form. FR/SRpdf 11-00297 Legislation.pdf 11-00297 Legislation SR (Version 2) 05-12-11.pdf
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Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez
Chair Gort: Okay, FR.1.
Barnaby Min (Zoning Administrator): Good morning. Barnaby Min, with the Office of Zoning. FR.1 is an amendment to Chapter 2 of the City Code to allow for the revocations and denials of certificate of uses and to establish procedures for that.
Chair Gort: Okay. First reading. It's an ordinance. Anyone in the public would like to address it? Close the public hearings [sic]. This is the certificate of use, which is something -- Now my understanding is if someone does not have a certificate of use, we can close the business.
Mr. Min: A business is not supposed to operate if it does not have both a business tax receipt and a certificate of use.
Chair Gort: Okay. My question, if they don't have either one of them --
Mr. Min: They should not be operating.
Chair Gort: -- they should not be operating.
Mr. Min: That is correct.
Chair Gort: What method do we have to close it or to stop it from operating? Because right now they're operating.
Mr. Min: Code Enforcement -- the Office of Code Enforcement is responsible for the enforcement of all City codes, including the certificate of use provisions. They also work closely with the Police Department with the business tax receipt portion.
Chair Gort: In other words, the Police Department has the power to close the place.
Mr. Min: That is correct.
Chair Gort: Okay. Make sure that's on the record right now 'cause we have a lot of those problems and you know it because you've been involved with them. Okay. Any further discussion?
Commissioner Sarnoff: Move it.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn.
Vice Chair Carollo: Second.
Chair Gort: Any further discussion? Being none, all in favor, state it by saying --
Commissioner Sarnoff: It's an ordinance.
Priscilla A. Thompson (City Clerk): It's an ordinance.
Vice Chair Carollo: It's an ordinance. City of Miami Page 26 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011
Chair Gort: An ordinance, I'm sorry. Read it.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Ms. Thompson: Your roll call.
Chair Gort: Thank you.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 4-0.
Chair Gort: Thank you.
Commissioner Dunn: I need to say something.
FR.2 ORDINANCE First Reading 11-00372 District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioner Marc ATTACHMENT(S), AMENDING CHAPTER 50/ARTICLE II OF THE CODE OF David Sarnoff THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS, AND WATERWAYS/OPERATION OF VESSELS," MORE PARTICULARLY BY ADDING A NEW SECTION TO ESTABLISH AN EXCLUSION/SAFETY ZONE WHEREBY NO MOTORIZED BOATING, NO MOTORIZED VESSEL, AND NO OTHER MOTORIZED WATERCRAFT ACTIVITIES MAY TAKE PLACE IN AND AROUND CERTAIN AREAS OF THE WATERS OFF CITY OF MIAMI OWNED AREAS OF BISCAYNE BAY AND DINNER KEY SPOIL ISLAND, AS SET FORTH IN "COMPOSITE EXHIBIT A," ATTACHED AND INCORPORATED, AND DESIGNATING SUCH EXCLUSION/SAFETY ZONE AS A "VESSEL EXCLUSION ZONE"; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE COUNTY, THE STATE OF FLORIDA, AND UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED BUOY LINES FOR SAID EXCLUSION/SAFETY ZONE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 11-00372 Legislation.pdf 11-00372 Legislation SR (Version 2) 05-12-11.pdf 11-00372 Exhibit 1 SR 05-12-11.pdf
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, 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: FR.2.
Commissioner Sarnoff: Mr. Chair, this is an ordinance which would create a no motorized boating zone, very much right off the back here. It would actually create a swimming hole off of I think it's Island C. It could be Island D. I may have that wrong. I get my islands mixed up occasionally. But it would actually allow for folks to go out to the island, know that they're going to be screened off from boats that motor around and they're going to have a swimming City of Miami Page 27 Printed on 5/19/2011 City Commission Meeting Minutes April 28, 2011
hole. And I understand that that went on about 30 to 40 years ago. I was hoping that Commissioner Suarez would be up here because he is always saying how he used the waterfront. But I think it's part of the Sasaki master plan. It's really a neat idea if you think about it. The folks from Shake-A-Leg, the folks from -- well, any folk can go out there and just actually find themselves a nice little swimming hole. So I will move it.
Chair Gort: Okay, it's a --
Vice Chair Carollo: Second.
Chair Gort: -- public hearings [sic]. It's been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. At this time, I'll open the public hearing. Anyone in the public would like to address this item? Close the public hearings [sic]. Is there any comments among board members? I have a question. What is -- the City of Miami owns those island?
Robert Weinreb (Project Manager): Bob Weinreb, City Manager's office. Yes, those islands, I guess, were formed when the channel was dredged --
Chair Gort: Right.
Mr. Weinreb: -- and they are part of the City park system.
Chair Gort: Do we presently use it in any way?
Mr. Weinreb: These islands are used fairly regularly. There's a floating dock at the Island C that allows the public to access the island, as well as summer camps, Shake-A-Leg, and anyone --
Chair Gort: Great.
Mr. Weinreb: -- else who wants to use it.
Chair Gort: 'Cause I remember at one time it was impossible to go in there with all the dirt and all the -- So it's been cleaned up and there's people using it. That's great.
Mr. Weinreb: People have adopted these islands. Ransom Everglades School, the Rotary Club and Coconut Grove Sailing Club adopted another island. And this one was adopted by Shake-A-Leg, and I believe the Coral Reef Yacht Club and Biscayne Bay Yacht Club adopted another island, so we do have people cleaning them up on a regular basis at no cost to the City and maintaining them, building trails. They've put benches --
Chair Gort: Great.
Mr. Weinreb: -- and --
Chair Gort: Thank you. Appreciate it. Any further discussion? Read it.
The Ordinance was read by title into the public record by the City Attorney.
Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Dunn?
Commissioner Dunn: Yes.
Ms. Thompson: Commissioner Suarez?
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Commissioner Suarez: Yes.
Ms. Thompson: Vice Chair Carollo?
Vice Chair Carollo: Yes.
Ms. Thompson: Commissioner Sarnoff?
Commissioner Sarnoff: Yes, and we'll bring this back for second reading and we're going to call it the SSH, the Suarez Swimming Hole.
Commissioner Suarez: Definitely.
Ms. Thompson: Moving on with your vote, Chair Gort?
Chair Gort: Yes.
Ms. Thompson: The ordinance has been passed on first reading, 5-0.
Chair Gort: By the way, discussing this item, my understanding is -- and I was talking to one of the Commissioners in Miami Beach. A lot of the -- we're going to be getting a lot of dirt out of the building of the tunnel, and we're going to need someplace to place those -- so that's something -- food for thought for CIP (Capital Improvements Program) and our engineers and so on and how we can best use all that fill that's coming out of the port.
END OF FIRST READING ORDINANCES
RESOLUTIONS
RE.1 RESOLUTION 11-00203 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements APPROVING THE CITY OF MIAMI'S ("CITY'S") AMENDED 2010-2011 Program MULTI-YEAR CAPITAL PLAN ("PLAN"), WHICH INCLUDES THE PROJECTS IN DISTRICT 3, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RE.2 RESOLUTION
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11-00298 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION Program AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ACCEPTING THE AMOUNT OF $99,418.20, FROM THE PORT OF MIAMI AS A GRANT TO SUPPORT THE "FLORIDA EAST COAST RAILWAY QUIET ZONE STUDY," CAPITAL IMPROVEMENTS PROGRAM PROJECT B-40268. 11-00298 Summary Form.pdf 11-00298 Legislation.pdf 11-00298 Exhibit 1.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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-11-0170
Chair Gort: Okay, RE.2.
Alice Bravo: Good morning. Alice Bravo, Capital Improvements director. RE.2 is a joint participation agreement by which Miami-Dade County will provide the City of Miami with roughly $99,000 -- $99,418 and this is considered two-thirds of the cost for a study that's required to implement a quiet zone along the FEC (Florida East Coast) corridor. Miami-Dade County and FEC were recently awarded a federal stimulus grant to restart a cargo short train service on the FEC rail into the Port of Miami to complement the other access improvements that are taking place at the port. So the Federal Rail Administration requires that a municipality request the need for a quiet zone in order for them to approve the federal funds for additional gate barriers at all the street crossings. In that way, the trains don't have to blow their whistle at night. So we're -- the City is contributing one-third of the cost and the County's contributing two-thirds.
Chair Gort: Let me tell you. (UNINTELLIGIBLE), but I know in Allapattah I get a lot of complaints whistle blowing off at 4 in the morning and 5 in the morning and they're very loud, so -- okay. Discussion.
Commissioner Sarnoff: So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
RE.3 RESOLUTION 11-00299 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL Program AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), A POLITICAL SUBDIVISION OF THE
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STATE OF FLORIDA, REPLACING THE INTERLOCAL AGREEMENT THAT WAS EXECUTED PURSUANT TO RESOLUTION NO. 07-0272, ADOPTED MAY 10, 2007, TO CONTINUE TO ALLOW THE CITY OF MIAMI TO RECEIVE ITS PORTION OF MUNICIPAL SHARE FUNDS FROM THE CHARTER COUNTY TRANSIT SYSTEM SURTAX ("SURTAX") FOR TRANSPORTATION AND TRANSIT PROJECTS, AND TO ALLOW THE USE OF THE SURTAX FOR ON-DEMAND TRANSPORTATION SERVICES, PRE-ARRANGED TWENTY-FOUR HOURS IN ADVANCE, FOR LOW-INCOME SENIORS WHO ARE AGED 65 YEARS OR OLDER AND INDIVIDUALS WITH DISABILITIES. 11-00299 Summary Form.pdf 11-00299 Pre-Legislation.pdf 11-00299 Legislation.pdf 11-00299 Exhibit 1.pdf
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, 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 RE.3 was deferred to the Commission Meeting scheduled for May 12, 2011.
RE.4 RESOLUTION 11-00300 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED PROJECTS, Program PURSUANT TO ORDINANCE NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A - 4/28/11 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 11-00300 Summary Form.pdf 11-00300 Pre - Legislations.pdf 11-00300 Legislation.pdf 11-00300 Exhibit 1.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, 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-11-0179
Chair Gort: RE.3 is withdrawn. RE.4.
Alice Bravo (Director, Capital Improvements Program): RE.4 is an update to the expedite list. We've updated the list to remove projects that have already been awarded, and we're also including new projects that were added to the capital plan. And so we periodically update this to reflect what's been awarded and new projects.
Chair Gort: Okay. Thank you. Discussion?
Commissioner Sarnoff: So move.
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Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
RE.5 RESOLUTION 11-00301 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements AUTHORIZING AN INCREASE TO THE CONTRACT WITH GIANNETTI Program CONTRACTING CORP., FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, FOR PAYMENT OF THE FINANCIAL INCENTIVE AS PER THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $76,968.26, THEREBY INCREASING THE AWARD VALUE FROM $1,539,365.24, TO AN AMOUNT NOT TO EXCEED $1,616,333.50; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-50658; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00301 Summary Form.pdf 11-00301 Letter - Drainage Project CIP B#50658.pdf 11-00301 Pre - Legislation.pdf 11-00301 Legislation.pdf 11-00301 Exhibit 1.pdf
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RE.6 RESOLUTION 11-00314 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Works ACCEPTING THE BID RECEIVED MARCH 1, 2011, PURSUANT TO INVITATION FOR BIDS NO. 10-11-014, FROM TEXAS AQUATIC HARVESTING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "CITYWIDE CANAL CLEANING CONTRACT, M-0058," IN AN ANNUAL AMOUNT NOT TO EXCEED $812,971, FOR A TWO (2) YEAR CONTRACT TOTAL AMOUNT OF $1,625,942; AUTHORIZING UP TO THREE (3) ADDITIONAL ONE (1) YEAR OPTIONS TO RENEW, IN AN ANNUAL AMOUNT NOT TO EXCEED $812,971, SUBJECT TO THE AVAILABILITY OF FUNDING AND CONTRACTOR'S PERFORMANCE; ALLOCATING SAID FUNDS, FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 11-00314 Summary Form.pdf 11-00314 Legislation.pdf 11-00314 Exhibit 1.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote.
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Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez
R-11-0180
Chair Gort: RE.5 is being deferred. RE.6.
Nzeribe Ihekwaba (Director): Good morning. Zerry Ihekwaba, Public Works. RE.6 is a resolution to award a maintenance cleaning contract to Texas Aquatic Harvesting, in an annual amount not to exceed $812,971, for a total two-year contract period for the project entitled "Citywide Canal Cleaning Contract," M-0058. The funding is being sourced from storm water utility restricted funding, and there is a special provision to undertake any emergency cleaning of the canals in the City. Any question?
Chair Gort: Okay. Question, discussion? Motion?
Commissioner Sarnoff: So move.
Commissioner Dunn: Second.
Chair Gort: It's been moved, Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? I'd like to ask a question.
Mr. Ihekwaba: Sure.
Chair Gort: Which canals are we --?
Mr. Ihekwaba: The locations are also included in the appendix --
Chair Gort: Right.
Mr. Ihekwaba: -- on page 81.
Chair Gort: Does the County or the state have any responsibility in any of these canals?
Mr. Ihekwaba: These are citywide canals that are under the jurisdiction of City of Miami.
Chair Gort: Okey-doke. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
RE.7 RESOLUTION 11-00316 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION Program AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE US-1 ROADWAY IMPROVEMENTS AND WALL REPLACEMENT PHASE II PROJECT, B-30542A ("PROJECT"); ACCEPTING THE CONTRIBUTION OF FDOT FUNDS, IN THE AMOUNT NOT TO EXCEED $83,537, FOR SAID PROJECT.
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11-00316 Summary Form.pdf 11-00316 Legislation.pdf 11-00316 Exhibit 1.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-11-0181
Chair Gort: RE.7.
Alice Bravo (Director, Capital Improvements): Good morning. RE.7 is a --
Commissioner Sarnoff: Let me start by saying yea. Okay, go ahead.
Ms. Bravo: Okay. RE.7 is a joint participation agreement to accept funding in the amount of $83,537 from the Florida Department of Transportation. We're moving forward with the phase two of the US 1 project that includes replacement of the so-called pink wall, so we're taking advantage of this opportunity to receive some funding from FDOT (Florida Department of Transportation) and also improve the drainage along US 1 that the outside right-hand lane tends to flood.
Chair Gort: Thank you. Do I have a motion?
Commissioner Sarnoff: Oh, you have a resounding motion.
Commissioner Dunn: Second.
Chair Gort: It's been moved by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? Being none, all in --
Commissioner Sarnoff: I just want to say one thing. Hallelujah. That's it.
Chair Gort: All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Commissioner Dunn: You might be getting religion after all.
Commissioner Sarnoff: I might be getting religion up here.
RE.8 RESOLUTION 11-00269 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS and Recreation RECEIVED FEBRUARY 1, 2011, PURSUANT TO INVITATION FOR BID NO. 260254, FROM COMMERCIAL ENERGY SPECIALIST, INC. FOR GROUP 1, AND FROM PRO STAR POOL SUPPLIES FOR GROUP 2, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP-BY-GROUP BASIS, FOR THE PROVISION OF SWIMMING POOL CHEMICALS AND SUPPLIES AND BULK LIQUID CHLORINE AND STORAGE TANK RENTAL, FOR THE DEPARTMENT OF PARKS AND RECREATION, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW
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FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 11-00269 Summary Form.pdf 11-00269 Award Recommendation Form.pdf 11-00269 Tabulation of Bids.pdf 11-00269 Invitation for Bids.pdf 11-00269 Legislation.pdf
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
RE.9 RESOLUTION 11-00192 Department of Capital A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Improvements ENDORSING THE MIAMI TROLLEY PROGRAM AS DESCRIBED HEREIN Program AND DIRECTING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION OF THE HEALTH/STADIUM DISTRICT TROLLEY AND THE BISCAYNE/BRICKELL TROLLEY SERVICE AND THE ADDITIONAL OPTIONAL ROUTES OF OVERTOWN/ALLAPATTAH AND CORAL WAY, AS STATED HEREIN; AUTHORIZING THE ADMINISTRATION TO CHARGE A $1.00 FARE PER TROLLEY BOARDING, FOR REGULAR SCHEDULED SERVICE AND $2.00 PER TROLLEY BOARDING, FOR SPECIAL EVENT/CHARTER SERVICE; FURTHER APPROVING A COLOR SCHEME FOR THE EXTERIOR PAINT OF THE TROLLEY VEHICLES CONSISTENT WITH THE OFFICIAL CITY OF MIAMI COLORS. 11-00192 Summary Form.pdf 11-00192 Legislation.pdf 11-00192 Exhibit 1.pdf 11-00192-Submittal-Adminstration-Potential Trolley Color Schemes.pdf
Motion by Commissioner Sarnoff, 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
R-11-0182
Chair Gort: RE.8 has been continued. RE.9, trolleys.
Alice Bravo (Director, Capital Improvements): Good morning.
Chair Gort: Good morning.
Ms. Bravo: RE.9 is a memorandum that pretty much outlines the different elements of the trolley program as we're proposing it. After discussions and briefings, et cetera, the -- there's one element today that we would want to extract from this memo at this time and save for a later date and maybe come back in a month or two 'cause there are a lot of questions regarding the fare issue that we need to research at the federal and county levels that I don't think we're quite there yet. So that's something that doesn't need a consensus today. We can come back for that. But the principal issues, I think are -- we're on the verge of receiving the last approval we
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need from the FDOT (Florida Department of Transportation) in order to order the trolleys that are going to be purchased with State funds. And so the general consensus that -- at this time that's outlined in the memo is that we are moving forward with two routes, health/stadium district trolley route and the Biscayne/Brickell trolley. These two routes, we're receiving 50 percent of the operating costs from the State for the first three years. So these are the ones we would move forward with. At the same time, we would go through the FDOT process and apply for a similar operating grant for the Overtown/Allapattah route and the Coral Way route. We don't want to start those routes without going through the application process or we preclude ourselves from ever getting that funding assistance. So that way we can make the most of the funding that we have on the table. So that's the general consensus of what we're presenting today. In the memo we also talk about the color schemes for the trolleys, and I actually brought out a handout of other color schemes that were considered but not selected 'cause in here we have the orange and green, which are the City colors, but I can hand that out very quickly if you give me a moment.
Chair Gort: Let me add a little something because we talked about the -- and I believe I mentioned that City of Miami, different neighborhood has different needs and that's been proven now when we have meetings with different people in the community. The work at the health districts [sic] begins -- the shift begins at 7 o'clock, so the 6:30 to 6:30 -- 6:30 a.m. to 6:30 p.m. works very well. But when it goes to Brickell, that doesn't work in Brickell. I mean, people in Brickell don't start until about 9 o'clock or later than that, and they stay a little later. So that's like the hours --
Commissioner Sarnoff: I know some lawyers that would disagree with you, and I know two or three accountants that might disagree with you but --
Chair Gort: Well, I'm one to get there early, so what can I tell you. But I think it's important that people know the reason why the different hours in different places.
Ms. Bravo: And the operating hours schedule that's shown in Section C is -- was also based on an affordability plan. If we were starting all four routes and we didn't have the FDOT funding assistance for the Overtown/Allapattah and the Coral Way, this was the only way we could move all four routes forward at the onset and still have a cash flow plan that took us through the eight- to ten-year window. So by waiting on the Overtown/Allapattah and Coral Way a small amount of time in order to pursue the FDOT funding, then we have more flexibility in expanding the hours for Brickell/Biscayne or even the health/stadium one, we were told that there's a potential for needing extended hours as well.
Commissioner Suarez: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Suarez: Thank you. I had asked in the last meeting for this item to be deferred, and I want to thank again my colleagues in the last meeting for honoring that request. We -- the reason why I requested it in the last meeting is 'cause there were some stakeholders in my district specifically that -- who are -- one of them actually was a former CTAC (Citizens' Transportation Advisory Committee) member. The other one is a Transit employee who, you know, had some reservations about the plan. I think it wasn't -- it's -- I think we had a great, very productive meeting with the Mayor on this issue and talked about a variety of different issues relating to the plan. And I think what we concluded was that, you know, this is a fluid plan that we are -- we're resolving the -- to promote and endorse the Miami trolley program and that could mean a variety of different things. For example, one of the things that I raised -- and I think the Chairman just raised and I'm sure Commissioner Sarnoff would agree, is that if you're going to have trolleys on Brickell, that they should run minimum 'til midnight, 12:30-ish.
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And if they're successful up until that hour, maybe even beyond that, maybe even until 2 o'clock in the morning when the bars, you know, and the restaurants close. So that's just one of a variety of different variables that I think are involved in this. And I want the public to be assured of a couple of things. One, general fund monies are not going to be used on this program, neither now or in the future. I think that's important for people to understand because I think there was a little bit of a misconception on that issue. And secondly, this is a program that while we're -- while we are endorsing it in principle, the details of the program are going to be flexible and fluid as it is implemented in terms of number of lines, which lines, times, fares, et cetera. So there's a lot -- this is allowing the Commission, I think, and the Administration to go forward with the procurement of the trolleys, which we have -- for which we have capital funds that are restricted to that purpose available. But as far as the implementation of the service itself and all of the different details, that is going to be decided, you know, on a time -- in a timeline to be discussed and debated -- continually discussed and debated in the future. And I welcome, you know, the public's input on that as the process continues.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: Thank you. I agree with what Commissioner Suarez is saying as far as the intent; however, I read something else. I read that if we pass this resolution, we're endorsing this Miami trolley program as described herein. And you know, it's, you know, quite a few number of pages that describes various things and -- I mean, although I agree with you that the intent is to move forward and I really believe that some of the issues that I have can be worked out, I don't think we're there yet as far as approving this. For one, dollar amounts. I think we're still waiting on Legal with regards to --
Ms. Bravo: Right.
Vice Chair Carollo: -- can different areas charge different amounts or so forth.
Ms. Bravo: And we are going to come back for the fare structure. We are proposing to remove that today.
Vice Chair Carollo: So we will probably have to amend that out for right now, the fees. Another thing that I have an issue with is the times, and I'll tell you what. Even in the health district/stadium, the main purpose for me pushing that the route be extended over the bridge, 12 Avenue, 7th Street into the Marlins Stadium is because of the retail, the restaurants that are foreseen to be there. And stopping it at 6 p.m. I don't think would be conducive to having individuals from the health district go into our retail space. So I would want to add some hours to that, maybe until at least 11, 11:30 at night.
Ms. Bravo: Yeah. Right now we're reflecting 8 p.m. with the presumption that we would extend it -- extend the hours on days of events.
Chair Gort: Let me ask a question. My understanding, even if this is approved today, it has the flexibility. Any time the Commission can change the hours of any of the routes and make any changes that we can.
Ms. Bravo: Yeah. I mean, the hours are on operational basis, so this is our initial proposal. And once, for example, we begin the Brickell/Biscayne and the health stadium, as we see what the ridership is, we might decide we need to start half an hour earlier. We might need to pull it back an hour later. And we will be flexible with this. We'll come back and update the Commission on what we see are the needs and what implications there are to the cash flow of
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the program.
Chair Gort: Are you telling us you cannot give us a fee structure because you need to check with the County and the State?
Ms. Bravo: Well, at the last meeting we were asked if we could consider different fairs for different routes and so there's a distinction between circulators and longer routes that -- where there we see the opportunity to have a different fare structure --
Chair Gort: Right.
Ms. Bravo: -- and so we just need to check that further.
Chair Gort: Because in the health district, I see it as a circulator not a real route.
Ms. Bravo: Correct.
Chair Gort: So I would like to see it for the first three months, for marketing purpose, not charge and see how people picks it up.
Commissioner Suarez: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Suarez: Thank you. Maybe -- I understand the Vice Chairman's heartburn. Maybe if we reworded the resolution a little bit, it may solve his concern.
Chair Gort: We can change.
Commissioner Suarez: I think what the Administration was indicating was that Section 3 would be eliminated, which is the one that specifically talks about the fee, and that that -- which would allow us, you know, in the future to make that final determination, whether it be free for a certain period of time or whatever, and I think we can have a discussion back and forth. I had a very constructive discussion with the Downtown Development Authority on this issue, and I'd be more than willing to go to the Downtown Development Authority and discuss this issue specifically with them. But maybe the way Section 2 can be amended is to say the Miami Commission -- City Commission endorses the Miami trolley program as described herein or as may be amended from time to time so that there is some flexibility and there is a -- you know, this is kind of an outline, but it's clear that this is going to be amended. And I think that's what's been said in the --
Ms. Bravo: Yes.
Commissioner Suarez: -- internal discussions that were had. You know, they're not really internal; anybody can go, but in the discussions that we've had either in my office or in the Mayor's office relative to this issue, which is that there's a lot of tweaking that needs to be done and that should be done and that will be done to the benefit of these lines from now into the future. So maybe if we tweak the reso a little bit, that might solve the problem. Because I think I understand where he's coming from too.
Vice Chair Carollo: Right. I just don't want to be in a situation where --
Commissioner Suarez: Right.
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Vice Chair Carollo: -- our intent is different from the actual vote and what's actually written, you know. And I don't want to be on record saying, yes, I voted for something that only allows, you know, the trolley into the retail -- the Marlins Stadium until 8 p.m. And I think that's not conducive to, you know, the intent of having constant pedestrians from the health district be able to just hop on the trolley and go and have dinner and, you know, socialize, have happy hours there and be able to get back at, you know, a normal time, 9 p.m., 10 p.m. and so forth.
Ms. Bravo: Right. And today we could discuss, if there's a general consensus --
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Can I say one thing? And also consistent with what we're talking about, in the future there'll be an interlocal agreement between us and the County specifying the fares and things that we agreed to, so that'll be before this Commission.
Commissioner Sarnoff: Yeah. Mr. Chair.
Chair Gort: Yes.
Commissioner Sarnoff: In order for us to have any kind of on-demand transit system, we have to have an -- we have to enter into an interlocal agreement with the County 'cause they have jurisdiction over this where they approve what it is we do. And to be candid, have you ever looked at, Ms. Bravo, the Transportation Cooperative Research Program from the federal government? I have a copy of it here. It's the best practices for transportation and it's -- was done in the very end of 2010, so it's pretty current. And I'll be candid with all of you. It didn't form the conclusions I would have liked it to have concluded. It talks about many different things. And what I'm going to do is give this to Commissioner Suarez. It is highlighted so he doesn't have to spend that much time reading it. The only reason I didn't make you all copies is just to save a few trees here and there, and I figured we could just circulate this around our offices. I'm not saying it's the bible, but it is put out by the federal government. It's the transportation research board of the national academies, and it talks about practices for payment of transit and, again, I've highlighted those areas. I will say this -- and I will only support a transit plan that demonstrates we have the ability to pay for it into -- I want to say indefinitely almost, but I have no intentions of creating a four- or five-year plan. And one thing this Commission didn't do during budget, we didn't kick the can down the road so that when none of us is sitting here on the dais, we leave a problem for the next Commission. And unless I'm mistaken, the only way we know we can pay for this, as we have done in the past, is by creating a fee structure and also setting aside some -- you want to call it "Cap X," which means we're going to have to replace these trolleys every so often, replace the transmission or replace a diesel engine. So I -- it's my intention to not kick this can down the road. It's my intention to pay for this. Every time we make an amendment, we can say this is paid for for the next ten years, no doubt about it. Nobody up here is good enough to say the hours of operation for Coral Way should be 6 o'clock in the morning until 9 o'clock at night, and I'm inflexible and that's the way it's going to be. Nobody's that good. Nobody's good enough to say Brickell should be, you know, 7 o'clock in the morning until 11:30 -- 11:35 p.m. at night, and that's the way it's going to be. Because we don't know, number one -- and I happen to agree with the Chair -- that is that maybe for the first two or three months it is free so we create ridership, get people accustomed to saying I like getting on these things. I know in the way it's been described to me that there's no way that we can continue free ridership and have this go out past 2017. I know that what Alice is equally doing for a number of the other routes is ensuring that we have FDOT participation so that we can bring in a whole bunch of more operating dollars so that -- 'cause as soon as you fund something, you know what FDOT does? Is they say, well, you have the ability to pay for it so you don't need us.
Commissioner Suarez: Yeah.
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Commissioner Sarnoff: So I think we should pass this, remain extremely flexible. We've always been good to each other on this dais. We've always let that Commissioner -- you know, the DDA (Downtown Development Authority) said to me the other day, they said, why don't we come up with the exact routes and, you know, make sure that we have the exact ridership. And I said, you know, this Commission's good enough to know that in three to five months when somebody says, you know, ridership isn't where it is, I didn't anticipate this, that Commissioner's going to say I'm not going to spend this res of money and continue until I develop a ridership. I just don't think this Commission works that way, you know. I think we're a pretty modernistic and farsighted people that everybody's intentions are pretty much mine or equally to keep this thing going ad infinitum. And I've probably spoken too long, but I will share this with you, Commissioner Suarez. It will arrive at some conclusions you like.
Commissioner Suarez: Thank you. Mr. Chairman, if I may.
Chair Gort: Yes.
Commissioner Suarez: Maybe the best way to do it, Commissioner Sarnoff, is to scan it and send it to all of us --
Vice Chair Carollo: There you go.
Commissioner Suarez: -- so that we can all get it at the same time and then that way we still save the trees. But you know, I have no problem meeting with the DDA board and explaining what my issues are and what my -- and I think there can be a compromise that can be reached in terms of time and, you know, how much time it should be free. I think all of the models of feasibility, whether it's five years, seven years, nine years, eleven years, fifteen years or whatever -- and obviously the dollar contributes to that feasibility time line, maturity date or whatever. I think that also -- I think our primary objective, even more so than guaranteeing the length of the feasibility, is having a successful system. In other words, making sure that people are riding the system because we want to be like cities like Coral Gables, like Doral and on the other cities that are implementing very, very successful cities [sic]. We want to be able to tell our residents we invested your money wisely in transportation and here's the benefit that you all as a city are receiving as a result. And so I think that's for me the tension. The tension is between ensuring that it's a successful system on the one hand and being -- you know, it being economically viable and self-sustaining on the other.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I understand exactly what Commissioner Sarnoff is saying and at the same time, I want to make sure that along with what he's saying, what we do not do is receive the money for the fees, but at the same time that 20 percent start going somewhere else. So in other words, where we're actually trying to maintain this program just by fees. Remember, there's that 20 percent from the PTP (People's Transportation Program) tax that can and will be used for this. However, it could possibly be used for other areas of transportation and this Commission is going to have to make a decision whether to use it for other or in our trolley system. And the reality is I truly believe in the extended hours or extended hours from what we have in the health district. I truly believe in the Biscayne area we need extended hours too. And again, I couldn't tell you if it's 2 a.m., 1 a.m., 11 p.m. I couldn't tell you what it is, but I do tell you that they need to be extended. What that cost is going to be, I'm not sure yet. But at the same time, remember that 20 percent, if we start using some of that money for other transportation issues, it may take -- it will take away from the trolley system so -- 'cause there's
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only a finite amount of money, so we're going to make that decision. What I don't want is that we start charging and then we have to increase our fee and increase our fee because we're -- monies -- or monies that we have for this project is now going somewhere else. And if this Commission decides that it should go somewhere else, that's fine. I just want to some accountability. I just want to make sure that we have accountability and we know where the money is going and whatever organization that is using PTP dollars can account for it. With that said, I still have other issues that I want to bring up, if possible. I think there should be a route from Brickell to the Marlins Stadiums [sic] on game days.
Commissioner Sarnoff: Agreed.
Vice Chair Carollo: I think -- and I don't know what's the route. You know, I'll leave it up to the experts for that, but I really do think there should be a route from Brickell to the Marlins game.
Chair Gort: From Coral Way.
Commissioner Sarnoff: You may --
Vice Chair Carollo: On game days --
Commissioner Sarnoff: Right.
Vice Chair Carollo: -- only on game days.
Commissioner Sarnoff: You may want to -- I think when you're saying Brickell, I think you're equally thinking of maybe Biscayne Boulevard.
Chair Gort: All of it.
Commissioner Sarnoff: I think you're thinking of downtown as well as south of the river Brickell is -- I hope you're thinking.
Vice Chair Carollo: Yes, but I'm looking more at Brickell because the downtown area does have transit -- bus transit and the Metromover from the County, so I'm looking more to capture the other side of the bridge, that Brickell area.
Commissioner Sarnoff: Okay.
Vice Chair Carollo: And I'm trying to see if jointly we could capture all of downtown, all of Biscayne Boulevard. So here it stipulates, you know, the health/stadium district trolley, Brickell/Biscayne trolley services and additional optional routes. However, when I look in the back, it actually defines the additional optional routes. And if you look at the -- Section 2, it actually says trolley service and the additional optional routes of Overtown/Allapattah and Coral Way. I want to make sure that additional optional routes includes one from Brickell to the stadium or something to that effect.
Commissioner Suarez: Mr. Chair.
Vice Chair Carollo: I don't want to limit -- and again, maybe we do that for "X" amount of time and we see that it's not feasible. I'll be the first one to say, hey, it's not working or so forth, but I want that option because I think it could actually be a trolley just on game days that could be very much used.
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Chair Gort: Let me -- I think we all want the stadium and the baseball stadium to be very successful. I think when you looking at that, you should look at all the routes during the games days to provide services to the stadium, all of them. Commissioner Suarez.
Commissioner Suarez: Mr. Chairman. I think -- what I think I want to do here is propose a couple of friendly amendments to the resolution, to the language of the resolution that I think could make it so that we can all vote unanimously in favor of the resolution. And what I would say -- and the Vice Chairman can jump in if he thinks there's some extra language needed. But I would say eliminating Section 3 for now and then putting in after it says -- after herein -- in other words, in Section 2 where it says "the Miami City Commission endorses the Miami trolley program as described herein or as may be amended from time to time and directs the City Manager" so that allows for the flexibility of changing things like routes, times, et cetera. But then I think to give you a little bit of extra protection in terms of your last concern that you expressed, which I think is a legitimate concern, to say "and the additional routes, including but not limited to, the routes of Overtown/Allapattah and Coral Way," so you have something that says it includes these but it's not limited to these because -- I'll give you another example. I have big businesses in my district that have asked for specific, you know, how can we get -- they may even be willing to pay for it -- a trolley to go specifically to our business. So it -- obviously, it's not to be discussed right now, that would be a --
Commissioner Sarnoff: Right.
Commissioner Suarez: -- opening up another can of Pandora's box of discussion, but it's something worth discussing as we continue along with the implementation of this program.
Chair Gort: One of the things we seeing is the private sector working very close with the government. And I believe one of the things that can be done is any one major employer that would like to provide transportation, they can hire or they can subcontract with the City and provide that service, the specific service. That's something we might be able to do. So that's something worth looking into because I want to make sure we also have the revenues. That's --
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes, sir.
Commissioner Dunn: Let me come out of the box on this one. I just had this out-of-the-box thought, and it might be logistically challenging very much so in terms of -- but I was just thinking -- and it -- you know, just a thought. I believe if there was a -- you mentioned something about special routes and it tweaked something in my imagination. If there was a dedicated type of area where the trolley could actually travel -- and I know that's probably far-fetched -- to expedite it getting to its place of destination -- and I know -- because still even being in the trolley, if you still caught up in congestion in traffic, it doesn't really -- you get it? It doesn't really -- I don't know now. That's probably going to be -- that's a larger issue, county, state --
Ms. Bravo: That's like a dedicated bus lane.
Commissioner Dunn: I know. But I just was thinking, you know, if there was a way it could be like an express lane or something of some sort in some areas. I don't know.
Chair Gort: Not in this city. Yes.
Ms. Bravo: I just wanted to point out a couple of things. There's the basic service routes, and we could have extended hours of those routes on special events. And when we talk about like
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an extension from the Brickell to the stadium, that probably falls more into the category of like a special service --
Vice Chair Carollo: Right.
Ms. Bravo: -- and we're buying close to half of our trolleys with State dollars and close to the other half with federal stimulus dollars, so we have a lot of flexibility with the State-funded trolleys that we won't have with the federal trolleys. And then that plays into what fare we charge for that special service or how that compares to the regular service. So all of these issues that you're bringing up today are things we will explore further because they trigger other requirements.
Chair Gort: And part of it be a color theme to separate the one from the State and the one from the federal.
Ms. Bravo: Oh, the federal ones will have a ARRA (American Reinvestment and Recovery Act) logo so --
Chair Gort: Okay.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I just want to clarify something because I heard something again, extended hours on special occasions in the stadium. Hold on, hold on. I'm not talking about on game days extending the hours to 11, 11:30. I'm talking about having that on normal route because my intentions isn't for additional ridership, which there probably will be, from the health district into the Marlins stadiums [sic] on game day. I'm looking -- I'm focused more on 365 days out of the year, which is the retail area, our restaurants and so forth --
Ms. Bravo: Right.
Vice Chair Carollo: -- in Marlins Stadium.
Ms. Bravo: And maybe a different example for special hours would be say Brickell/Biscayne --
Vice Chair Carollo: That's exact --
Ms. Bravo: -- Monday through Thursday 'til 10 or 11, but on Friday and Saturday 'til later hours and those are special hours. So there's different categories with different implications --
Vice Chair Carollo: Exactly.
Ms. Bravo: -- that we'll explore.
Vice Chair Carollo: And then special event will be a route, let's say, from Brickell to the Marlins Stadium on game days only.
Ms. Bravo: Correct.
Vice Chair Carollo: And the last thing is on the second page of the memo it mentions charter service, special events charter service. Could you elaborate a little bit more on charter service because that might be what Commissioner Suarez was saying as far as within his district?
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Ms. Bravo: Well, that's exactly what you just described, a route that goes to Brickell/Biscayne out to the stadium, that would be a special/charter service. I think the word "charter" gains a stronger implication if that has a different fare than what the other routes normally charge, so that's what really brings in the word charter.
Commissioner Dunn: Mr. Chair, one more thought. I'm just kind of getting it a little late here, but I see a trolley -- honestly, it is more -- it would be used by the locals, no doubt, but it's more a tourist attraction. And when you go to other cities, people ride trolleys. I mean, that's just the thing that people do. Is there any consideration that we've put into play in terms of what we might be able to look -- and in terms of maybe even dedicating one or two trolleys for tourism? I mean, we're an international city. People come from all over. I don't know. I mean, that's just a thought. I'm thinking here. 'Cause it could be a big boom for us, I believe.
Ms. Bravo: I'd have to see, you know, the implications of that with regard to the funding that we're receiving because we are receiving public funds for all of this.
Commissioner Dunn: Understood.
Ms. Bravo: Right.
Commissioner Dunn: But especially with, you know, the right -- and I know we're not there yet -- color scheme, it can also serve in the area of attracting tourists. Tourists will be more apt to ride on trolleys, especially if it, you know, can get them somewhere quite -- you know, if it's a straight route or something like that.
Ms. Bravo: Well, the Brickell/Biscayne route will pass by Bayside and other --
Commissioner Dunn: Got it.
Ms. Bravo: -- areas heavily influenced by tourists so -- and having that connectivity that can run up and down and through the downtown area I think, in itself, will lend itself to attracting tourists to the area.
Commissioner Dunn: What are the hours in terms of the Bayside -- what's the time -- what do you propose at this point?
Ms. Bravo: Well, what we came up with originally, as shown here in the memo, is that that route would run from 6:30 a.m. to 8 p.m. Monday through Saturday and we'd have ten-minute headways during the peak and 20 minute off peak.
Commissioner Dunn: Okay. Now let me ask, what time does Bayside close, 10 o'clock on a Saturday -- Fridays, Saturdays?
Commissioner Sarnoff: Well, a couple of the bars stay open until --
Chair Gort: One or two.
Commissioner Sarnoff: -- 1 and 2.
Commissioner Dunn: One or two, and then the Heat -- if the Heat is playing or something, yeah. Okay, just thought I'd mention that.
Chair Gort: Okay. Any further discussion?
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Vice Chair Carollo: We are voting on this with the amendments that --
Commissioner Sarnoff: As amended.
Chair Gort: As amended.
Vice Chair Carollo: As amended, okay.
Chair Gort: Okay. Any further discussion? Being none, all in favor, state it by saying "aye."
Priscilla A. Thompson (City Clerk): I'm sorry. We didn't get a mover and a seconder.
Chair Gort: Commissioner Sarnoff --
Commissioner Sarnoff: So move.
Chair Gort: -- and second Commissioner Dunn.
Vice Chair Carollo: Yeah. That's why --
Ms. Thompson: As --
Vice Chair Carollo: -- I mean, I came in a little late in this discussion, so I wasn't sure if there was a mover or not, but I -- okay. And as amend --
Commissioner Sarnoff: As amended.
Vice Chair Carollo: -- including the amendments that Commissioner Suarez --
Chair Gort: Right.
Vice Chair Carollo: Okay.
Chair Gort: It's not a public hearing, but I'll let you -- you'll be more than glad to sit down with each one of us and talk to us. Okay.
Ms. Thompson: So I just want to make sure --
Chair Gort: Thank you.
Ms. Thompson: I'm sorry. I'm sorry, Chair. I interrupted you because I didn't have a mover and a seconder.
Chair Gort: Okay, the move -- Commissioner Sarnoff, second by Commissioner Dunn. All in favor, state it by saying "aye."
Commissioner Suarez: Wait, wait, wait.
Chair Gort: Wait.
Commissioner Suarez: As I --
Chair Gort: As amended.
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Vice Chair Carollo: Yeah.
Commissioner Suarez: Okay, just want to make sure.
Chair Gort: As amended, yes, sir.
Commissioner Suarez: Okay.
Vice Chair Carollo: I got your back.
Commissioner Suarez: Just making sure.
Chair Gort: Yeah. We got you.
Commissioner Sarnoff: No. First we did a quick vote without you just the way it was.
Chair Gort: (UNINTELLIGIBLE). All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Ms. Thompson: Thank you.
Chair Gort: Thank you.
RE.10 RESOLUTION 11-00317 Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Planning, Budgeting, ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN and Performance RESOLUTION NO. 11-0073, ADOPTED FEBRUARY 24, 2011, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00317 Summary Form.pdf 11-00317 Legislation.pdf 11-00317 Exhibit 1 SUB.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez
R-11-0183
Chair Gort: RE.10.
Alice Bravo (Director, Capital Improvements): RE.10 is an update appropriations item to account for movement of different funds that we need to make transactions after the adoption of the capital plan. This includes moving funds from the Florida Department of Transportation joint participation agreement that were originally allocated to the Miami streetcar. We're transferring them now over to a project number B-70715. That's going to be for the acquisition of the trolleys with those state funds. We're also consolidating funds remaining from several projects and moving them over to a holding account, and we're also doing an allocation of quality of life funds for appraisals that were needed for a potential land acquisition.
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Commissioner Sarnoff: Mr. Chair.
Chair Gort: Yes, sir.
Commissioner Sarnoff: I'd like to make a motion with an amendment.
Commissioner Dunn: Second.
Chair Gort: Go ahead.
Commissioner Sarnoff: Here's the amendment. I would like to amend additional allocation quality of life from the B-39910 number to -- for $110,000 to Brickell Park, also known as Mary Brickell Park, for playground equipment. I'd also make -- like to make an additional amendment to allocate from District 2 quality of life 35,000 toward milling and resurfacing of three additional streets to the Tigertail Avenue project, and the B number is --
Ms. Bravo: 30716.
Commissioner Sarnoff: That would include Trapp, Lincoln, and Blaine Streets. I'd equally like to amend for $10,000 for Legion Park, $10,000 for Douglas Park to complement the CDBG (Community Development Block Grant) funding that we already did this morning for park improvements for the two respective parks.
Chair Gort: Okay. There's a motion by Commissioner Sarnoff, second by Commissioner Dunn. Any further discussion? As been amended, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
RE.11 RESOLUTION 11-00378 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Commissioner Marc SECTION 62-521(B) (4) AND (5), OF THE CODE OF THE CITY OF MIAMI, David Sarnoff FLORIDA, AS AMENDED, WAIVING THE TEMPORARY EVENT, TWO (2) EVENT LIMITATION PER PROPERTY PER YEAR PERMIT, IN ORDER TO HOST AN OPEN AIR RETAIL, PLACE OF ASSEMBLY, AND RECREATIONAL ESTABLISHMENT FROM MAY 1, 2011 THROUGH APRIL 30, 2014, AS STATED HEREIN. 11-00378 Legislation.pdf 11-00378-Submittal-District 2 Office-Grand Central Park Depiction.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-11-0184
Chair Gort: RE.11.
Commissioner Sarnoff: Mr. Chair, this is an amendment for the -- this is to -- a resolution of the City of Miami, pursuant to Section 62-51 [sic](B)(4) and (5) of the code of the City of Miami, Florida, waiving the temporary event permit for two event limitation per property per year permit, in order to host an operational and open air retail, place of assembly, and recreational establishment from May 1, 2011 through April 30, 2014. This was the Grand
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Central Park issue, gentlemen, that we provided to Mr. -- well, I shouldn't say his name -- Knoefler with regard to the Grand Central theme, which was then the Miami Arena and for a long period of time has been a rubble pile. If you recall at the CRA (Community Redevelopment Agency) -- I don't remember the exact number, Mr. Knoefler. Was it -- we granted you two --
Brad Knoefler: Two hundred thousand.
Commissioner Sarnoff: -- hundred thousand dollars to help implement a park where I think for some way somehow you're going to only take 160,000 of that money to actually put the necessary greenway out there. In order for you to do what you want to do -- and I should also say that this park will be free to all CRA members, so it would be an enhancement to the downtown area of the City of Miami. But this -- for you to have the events you want, we would have to waive the two-time limitation for a three-year period. Now before you think you have carte blanche, you would still have to bring all of your special events before the City of Miami for approval and would have to go through the requisite review process by -- Barnaby, what's your department again?
Barnaby Min (Zoning Administrator): Barnaby Min, with the Office of Zoning. But there are a number of departments that would review the process. It includes Zoning, NET (Neighborhood Enhancement Team), Police, Fire, and any other departments if there's issues that arise that would need to review.
Commissioner Sarnoff: Yeah. The only thing we'd be waiving, Mr. Grand Central, is the two limit -- the limitation of two permits per year. You'd still be subject to all jurisdictional safeguards from City of Miami personnel, Fire, Police, et cetera, including Mr. Min, and I never know what to call him 'cause he's the overseer of the whole thing. I don't like to call him an over laud, but he -- you would still have the protections that -- you would still have to abide by those safeguards that the City of Miami will place upon you. So Mr. Chair, I would move this.
Chair Gort: It's been moved by Commissioner Sarnoff, second --
Commissioner Dunn: Second.
Chair Gort: -- by Commissioner Dunn.
Commissioner Dunn: Yes.
Chair Gort: Any further discussion?
Commissioner Dunn: Yes. Just --
Chair Gort: Yes.
Commissioner Dunn: -- wanted to make sure the tax credit issue be addressed in terms -- what impact will it have? Will it change anything?
Mr. Min: As far as the temporary permits? The permits would be actually issued to the applicant, and the permit does not involve taxes. I don't know if the CRA grants or any other types of agreements would address any tax issues, but during the special event permit process, we don't -- we're not involved in that. Although, the Finance Department --
Commissioner Dunn: So I'm just saying for clarification, it will be taxed as it is and not as a
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park? That's -- I'm trying to get a distinction there.
Chair Gort: Will the tax payment remain the same or will it change?
Mr. Min: It would stay the same. The way it is now, it would stay the same because we're not changing certificate of use.
Commissioner Dunn: Okay.
Mr. Min: What they're getting is a special event permit, which is unrelated to what the property is being used as --
Chair Gort: Okay.
Mr. Min: -- of right now.
Chair Gort: Any further discussion?
Mr. Knoefler: Mr. Chair --
Chair Gort: Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: Thank you.
Commissioner Sarnoff: Sometimes when the -- you never snatch defeat from the jaws of victory. But if you wish to take that shot and say something --
Chair Gort: You better not.
Commissioner Dunn: Where I'm from, they say let well be good enough.
Chair Gort: Okey-doke.
Commissioner Dunn: Mr. Chairman.
Chair Gort: The Mayor had a -- yeah.
Commissioner Dunn: Mr. Chairman, I actually have to leave at 11:30 because congressional -- I mean, Congresswoman Fredericka Wilson is having hearings out in Miami Gardens regarding the fact that the Florida Congressional District 17 was --
Chair Gort: Commissioner Dunn --
Commissioner Dunn: Yes.
Chair Gort: -- we all have to leave now.
Commissioner Dunn: Pardon me?
Chair Gort: We all have to leave. It's finished.
Commissioner Dunn: Oh, we're finished? Oh.
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Chair Gort: All we got is PZ (Planning & Zoning).
Commissioner Dunn: Okay.
Chair Gort: That's my understanding.
Commissioner Dunn: Okay.
Commissioner Sarnoff: Just so you know, I have a doctor's appointment I think at 2:45, which should take about an hour.
Chair Gort: Come back at 3:30?
Commissioner Sarnoff: No. I -- that would help me.
Chair Gort: Come back at 3:30.
Commissioner Dunn: Okay.
Chair Gort: Okay.
Commissioner Sarnoff: Thank you.
Chair Gort: Thanks.
Unidentified Speaker: 3:30, Mr. Chairman?
Chair Gort: Yes.
Unidentified Speaker: Okay, thank you.
END OF RESOLUTIONS
DISCUSSION ITEM
DI.1 DISCUSSION ITEM 11-00323 Office of Strategic MONTHLY UPDATE OF FINANCIAL OUTLOOK FOR FY 11. Planning, Budgeting, and Performance 11-00323 Summary Form.pdf 11-00323-Submittal-Monthly Financial Statement.pdf DISCUSSED
Chair Gort: (Inaudible) we're going to finish with the item DI.1, which is a monthly finance update.
Vice Chair Carollo: Mr. Manager.
Johnny Martinez (Assistant City Manager/Chief of Infrastructure): Yes.
Vice Chair Carollo: Is Diane or Mirtha going to present the financials?
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Mr. Martinez: That's the plan.
Chair Gort: Okay. Are they here?
Vice Chair Carollo: How's the plan going?
Chair Gort: Are they here?
Mr. Martinez: I guess they misjudged --
[Later...]
Commissioner Suarez: Mr. Chairman, if I may?
Chair Gort: Yes.
Commissioner Suarez: PZ.3, I'm going to be right back for it. I just need to --
Chair Gort: Okay. No. We're going to go into the --
Commissioner Suarez: Back to the discussion item?
Chair Gort: Yes.
Commissioner Suarez: Okay.
Chair Gort: No. We're going to go back to the --
Vice Chair Carollo: The month financial update.
Chair Gort: The monthly financial update. Okay.
Vice Chair Carollo: Mirtha is there.
Chair Gort: You're recognized. Yes, ma'am.
Mirtha Dziedzic (Director): Good afternoon, Mirtha Dziedzic, Budget Department. You have before you the March projections, the year-end projections as of the closing of the March 2011 month. The estimated deficit for the year-end as of March is approximately 5.5 million. It's been improving for the past couple of months due to vacancies, additional attrition that's being recognized from our vacancies and from our purchasing freeze.
Chair Gort: According -- looking at this, you show a variance in the revenues of minus 16 million.
Ms. Dziedzic: With the transfers in, it's 15.1. Yes.
Chair Gort: Fifteen point one, okay.
Ms. Dziedzic: Um-hum.
Chair Gort: And then at the end -- and I'd like for you to go into it -- you come out to -- with only 5.465.
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Ms. Dziedzic: Right. Part of the adopted budget included reserve for uncollectible revenues for the tax revenues from the requirement of the state to budget at the 95 percent collection rate versus our actual collection rate of 90 --
Chair Gort: Right.
Ms. Dziedzic: -- percent. That's $12 million that are reserved in the expenditures for those monies that we will not be collecting, and those are reflected as savings.
Chair Gort: Questions? Any questions? So it brings our deficit down to five millions (UNINTELLIGIBLE) reserves you set up for 12 million in case anything would happen that you're going to be able to utilize to make the payments?
Ms. Dziedzic: I'm sorry?
Chair Gort: You're going to be able to utilize the 12 million reserve to make up for the --?
Ms. Dziedzic: Yes.
Chair Gort: That's the bottom line of the numbers we looking at in here.
Ms. Dziedzic: It's -- right now it's at five million. We do have other reserves that are still not utilized at the time and we do have our attrition which are the vacant positions. Every month that a position is not filled, we realize additional savings from those positions, so every month this should be getting better. And there are some revenue items that are performing better, like the building permits, inspections and stuff of that nature.
Chair Gort: Okay. Any other questions?
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: One quick question. Do you foresee us being within our budget for this year, staying within our budget?
Ms. Dziedzic: If things continue at this rate, yes. I don't see us having to dip into reserves at the end of the fiscal year.
Vice Chair Carollo: Thank you.
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes, sir.
Commissioner Dunn: Can you explain the other category? I think that was the largest deficit that shows -- could you explain what that entails?
Ms. Dziedzic: The other in revenue?
Commissioner Dunn: Six million -- um-hum.
Ms. Dziedzic: That is basically the red-light cameras, the revenue we will not be realizing from red-light cameras. The red-light cameras.
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Chair Gort: Occupational license, you show also minus 845,000.
Ms. Dziedzic: Fines and forfeits is actually the line that's 800. Fines and forfeits.
Chair Gort: Right. Okay.
Ms. Dziedzic: That's from commercial vehicle violation program that has not taken off.
Chair Gort: Okay. Any other questions? Thank you.
Ms. Dziedzic: You're welcome.
END OF DISCUSSION ITEM
PART B: PLANNING AND ZONING ITEMS
Chair Gort: While we're waiting, Madam Clerk, can we --? I understand there's some items that are going to be deferred from the Planning and Zoning. Can we announce those?
Priscilla A. Thompson (City Clerk): Okay. As we go through, and if we want to start on our order of the day for P&Z (Planning and Zoning), before we do that, Chair, I'd like to make -- to correct a statement that I made earlier. The items that were continued, RE.1, RE.8 and RE.5, are actually continued to the May 26 meeting. I said May 28 and I wanted to correct that. So REs (Resolutions) 1, 8 and 5 are going to the May 26 meeting.
Chair Gort: Okay.
Vice Chair Carollo: Thank you.
Ms. Thompson: As we spoke earlier today, the items that were announced morning time to be deferred, the PZ (Planning & Zoning) items, if I have these correct, we had PZ.9 and PZ.13. We were -- we did not have a date for the deferral or continuance. Then we also had PZ.8 to be deferred. We do not have a date. And PZs 6 and 7 were to be withdrawn.
Chair Gort: Correct.
Vice Chair Carollo: Can I make --
Chair Gort: All finished?
Vice Chair Carollo: -- a motion then to, Madam City Clerk --
Ms. Thompson: Yes. We're going to call this our PZ order of the day now, right?
Vice Chair Carollo: So I could make a motion --
Ms. Thompson: Sure.
Vice Chair Carollo: -- to defer or continue those items that you just mentioned?
Ms. Thompson: Do we have dates for the deferrals? Will anyone --?
Barnaby Min (Zoning Administrator): Mr. Chair.
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Commissioner Suarez: Yeah.
Mr. Min: On PZ.13, the deferral is at the request of the appellants. However, I'm not available in May, so if we can defer that one to the June PZ agenda?
Chair Gort: Sure.
[Later...]
Chair Gort: Go back to PZ (Planning & Zoning) item. You like to be -- swore [sic] in the individuals?
Ms. Thompson: Will the City Attorney be presenting her PZ order of the day?
Unidentified Speaker: We need to do CA.2.
Vice Chair Carollo: I haven't spoken to Alice.
Chair Gort: He's been looking for Alice.
Commissioner Sarnoff: Ask Alice.
Vice Chair Carollo: He's going to the PZ items and then when I speak to her in the back.
Chair Gort: He'll talk to you later. PZ.2.
Victoria Mendez (Assistant City Attorney): Mr. Chair, I have to read the --
Chair Gort: Yeah.
Ms. Mendez: -- PZ order of the day.
Chair Gort: Yes, ma'am.
Ms. Mendez: We will now begin with the Planning & Zoning items. The City Attorney will state the procedures to be followed during the portion of the meeting. Any documents offered to the City Commissioners 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. Any person requesting action from the City Commission must disclose at the commencement or continuance of the hearing on the issue any consideration provided or committed for an agreement to support or withhold objection to the requested action. Section 2-8 of the City Code defines the term consideration. PZ items shall proceed as follows. Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land-use change, or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may ask questions of staff. Appellant or petitioner will be permitted to make final comments. The City of Miami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Any documents offered to the City Commissioners that have not been provided seven days before the meeting as part of the agenda will be entered into the record only at the City Commission's discretion. Thank you.
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Chair Gort: Thank you.
Ms. Thompson: Now, ladies and gentlemen, if you are here and you will be speaking or giving testimony on any of the P&Z items, I need you to please stand so that I can swear you in. If you're going to be testifying on any P&Z items, we need you to please stand so we 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, Madam Clerk.
PZ.1 RESOLUTION 10-00581mu 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 CONSTRUCT A MIXED-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.
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10-00581mu CC 04-28-11 Fact Sheet.pdf 10-00581mu CC Analysis.pdf 10-00581mu Zoning Map (Miami 21).pdf 10-00581mu Zoning Map (Ordinance 11000).pdf 10-00581mu Aerial Map.pdf 10-00581mu 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 Exhibit A.pdf 10-00581mu Exhibit B.pdf 10-00581mu Binder Cover.pdf 10-00581mu Inside Cover.pdf 10-00581mu Table of Contents.pdf 10-00581mu Article I. A. Letter of Intent.pdf 10-00581mu Article I. B. City of Miami Application for Major Use Special Permit.pdf 10-00581mu Article I. C. Legal Description.pdf 10-00581mu Article I. D. Owner List.pdf 10-00581mu Article I. E. Disclosure of Ownership - RNG Overtown LLC.pdf 10-00581mu Article I. F. Ownership Affidavit - RNG Overtown LLC.pdf 10-00581mu Article I. G. Disclosure of Agreement to Support or Withhold Objection - RNG Overtown LLC.pdf 10-00581mu Article I. H. Ownership Structure - CDG City Center, Ltd..pdf 10-00581mu Article I. I. Ownership Affidavit - CDG City Center, Ltd..pdf 10-00581mu Article I. J. Disclosure of Agreement to Support or Withhold Objection - CDG City Center, Ltd..pdf 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 10-00581mu Article I. N. State of Florida Corporate Documents - RNG Overtown.pdf 10-00581mu 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 10-00581mu 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 10-00581mu Article II. Project Description.pdf 10-00581mu Article II. A. Zoning Ordinance No. 11000.pdf 10-00581mu Article III. Supporting Documents.pdf 10-00581mu 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 10-00581mu Article III. Tab F. Architectural Drawings.pdf 10-00581mu Article III. Tab G. Landscape Drawings.pdf 10-00581mu Article 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]
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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 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
Note for the record: Item PZ.1 was deferred to the Commission Meeting scheduled for June 23, 2011.
Francisco Garcia (Director, Planning): In addition, sir, there's PZ.1. I believe that the applicants for PZ.1 would like to speak on that.
Ryan Bailine: Thank you.
Chair Gort: Yes, sir.
Mr. Bailine: Thank you. Good afternoon. Ryan Bailine, 150 West Flagler. We're requesting that the item be deferred to your June meeting, which I believe is June 23.
Vice Chair Carollo: So moved.
Commissioner Sarnoff: Which one is this?
Mr. Bailine: PZ.1, City Center.
Chair Gort: District 5. Okay.
Commissioner Dunn: Second.
Chair Gort: It's been moved by Vice Chairman Carollo, second by Commissioner Dunn. Any further discussion. All in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
Mr. Bailine: Thanks very much.
Chair Gort: Okay.
PZ.2 RESOLUTION 11-00027xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.2.6,
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ENTITLED "NONCONFORMING USES," OF ZONING ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, TO EXTEND THE USE OF LEGALLY NON-CONFORMING ACCESSORY PARKING, ABUTTING A "T3-R" PREVIOUSLY APPROVED AS A TRANSITIONAL USE UNDER PRIOR ZONING ORDINANCE 6871, FOR AN ADDITIONAL TERM OF UP TO TWENTY (20) YEARS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 770 AND 776 NORTHEAST 80TH STREET, MIAMI, FLORIDA. 11-00027xc CC 04-28-11 Fact Sheet.pdf 11-00027xc Analysis.pdf 11-00027xc Miami 21 Map.pdf 11-00027xc Aerial Map.pdf 11-00027xc 1965 Commission Resolution and Planning & Zoning Board Action.pdf 11-00027xc Application & Supporting Docs.pdf 11-00027xc Plans.pdf 11-00027xc CC Legislation (Version 1).pdf 11-00027xc Exhibit A.pdf 11-0027xc-Submittal-Ben Fernandez-Little River Zoning Request.pdf 11-00027xc-Submittal-Ben Fernandez-Little River Club-Misc. Docs.Presented to Support Request for Appeal of Exception.pdf 11-00027-Submittal-BenFernandez-Permit Application for Address 755 NE 79th Street.pdf 11-00027xc-Submittal-Ben Fernandez-Barricade Settlement Little River Club vs. City of Miami.pdf 11-00027xc-Submittal-Alfredo Carrero-Email in Opposition to the Approval of Exception for Little River Club.pdf
LOCATION: Approximately 770 and 776 NE 80th Street [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Little River Club, Inc.
FINDING(S): PLANNING DEPARTMENT: Recommended denial.
PURPOSE: This application proposes to extend the continuance of use of a legally non-conforming accessory parking abutting a "T3-R" neighborhood to the north.
Motion by Commissioner Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0185
Chair Gort: PZ.2.
Francisco Garcia (Director, Planning): My apologies, Chair. I -- it will take me a moment to gather my equipment and I'll be right along.
Chair Gort: Okay. By the way, I had a request -- Mr. Garcia, I have a request of PZ.2; to be either the last item to be heard so -- give a chance for people to get here.
Mr. Garcia: By all means, sir.
[Later...]
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Chair Gort: Are you ready for CA (Consent Agenda) --?
Commissioner Sarnoff: PZ.2, I think. PZ.2, right?
Chair Gort: PZ.2, yes. PZ.2.
Mr. Garcia: Item PZ.2, very well. I would like to ask the audiovisual department -- oh, I think they have done it. Item PZ.2 is before you as a request for an extension of a -- what was originally called a transitional use approved roughly 40 years ago, perhaps more than that. It is before you as a request for an extension and it is for properties located at 770, 776 Northeast 80th Street. Our recommendation is for denial, and the reason for that put simply -- and certainly there will be dialogue and we are prepared to answer any questions -- but the most important reason for that is that the sole ingress and egress for this surface parking lot is from a residential street, in this case Northeast 80th Street, and certainly the traffic pattern that produces and the impact that it has on the residential area is something that we would certainly attempt to correct. I should clarify in advance that this in no way affects the ability of the use to continue its operation. It will not hinder that at all. However, by recommending denial for this item, what we are seeking to do is redirecting any traffic directed to this establishment to Northeast 79th Street, which is the commercial street which the property abuts on the other end. I am prepared with a series of images that graphically will display all the factors at hand and I will reserve those by way of answers to any questions that you may have, should they arise.
Ben Fernandez: Thank you very much. Thank you, Mr. Garcia. Good evening, Mr. Chair, members of the Commission. My name is Ben Fernandez. I'm an attorney with law offices at 200 Southeast Biscayne Boulevard, here on behalf of the owner of the property, the Little River Club, which is located on Northeast 79th Street, east of 7th Avenue. I'm joined this evening by Mr. Bob Hardison of the Little River Club, Darnell Thortonman [sic], and also Johany Noesi, who is a tenant within the building and share space with the Little River Club. This property is zoned commercial in part and residential in part, T5-O along the frontage on 79th Street and T3-O along the back abutting Northeast 80th Street.
Commissioner Sarnoff: R.
Mr. Fernandez: This is --
Commissioner Sarnoff: I believe it's --
Chair Gort: Hold it, hold it. Hold it a minute.
Commissioner Sarnoff: -- T3-R.
Chair Gort: Can we keep it quiet out there?
Mr. Fernandez: 3-R. I'm sorry.
Chair Gort: Go ahead.
Mr. Fernandez: Thank you. I know it's been a long day, so I'll try to be as concise as possible. The building was approved -- originally developed in 1951 without parking. The tax card that was pulled from the City of Miami records does not show that there was ever any parking for the building that faces 79th Street. In 1965 the City Commission adopted a resolution that granted this transitional use that provided parking to serve the commercial building on 79th Street and they did so recognizing that there were impacts taking place that were in deleterious
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to the surrounding area and that providing parking to this commercial use on 79th Street would be a good thing, that it would help the commercial area. It would help the residential area as well by allowing it to have parking that would otherwise be -- you otherwise have parking spaces throughout the residential streets and throughout the streets surround -- in the surrounding neighborhood. For over 46 years the use has been approved by virtue of this resolution, which is in your package that I've submitted to you. It is the second item after the zoning map. If you read this resolution -- Resolution 36942 was granted three zoning codes ago. If you read it, it makes no mention of a temporary nature to this approval. It makes no nature -- no reference to a time frame for the use, none whatsoever. It refers you to a section in the Code, which is Article 5, Section 16C. That section of the Code is also in your materials in the following page. If you read what that says -- I will read it to you. It says open parking lots for parking of private passenger vehicles accessory to a nonconforming commercial use in a residential district. The provisions of Article 28, Section 15A shall be applicable to the termination of said parking at the time the nonconforming use --
Ms. Mendez: Mr. Fernandez, I'm -- just quickly, can you just show me where you're reading from?
Mr. Fernandez: Absolutely.
Ms. Mendez: Probably ordinance 6871, but I want to know exactly where. Right. Thanks.
Mr. Fernandez: So if you read that paragraph again, it says the provisions shall be applicable to the termination of said parking at the time the nonconforming use. Such parking surfaces is fully amortized. The parking lot shall be arranged, maintained, and used in accordance with the requirements set forth in Article 23, Section 81, Ordinance 8066. Then you turn two pages to Section 5, Continuation and Change of Use. That section makes absolutely no reference to a parking use. In fact, I won't bore you with reading the paragraph, but it makes absolutely no sense to me and I've read it several times. So I submit to you that there is no way, no reasonable way that anyone that would read this resolution would understand that this was a use that was temporary in nature, that it had a fixed period of time before it became nonconforming and -- or that there was any sort of notice to the property owner that advised them that they should be seeking an alternative form of parking or an alternative form of access. That's number one. For 46 years the City never notified the property owners that they should be looking for an alternative to this current parking and access situation that they have. Now Miami 21 gets adopted last year and there's still no immediate notice to this property owner that their use is nonconforming and that they need to apply for a hearing. They don't even get notice directly. They are advised of the situation when they go to renew their Certificate of Use and they're told that the Code now reads that they must apply for a public hearing in order to continue their parking and to have their access allowed to their site. This was no more than four months ago at the turn -- at the change from 2010 to 2011 when the Certificate of Use needs to be renewed. So I submit to you that it is extremely unfair to allow a property owner to benefit from a use for 46 years and then give them only four months to find an alternative solution to park their site and to provide access to their site. Throughout this time, the 46-year period when this resolution was in effect, it was providing parking that -- because the resolution runs with the land and benefited all owners in chain of title, it was providing parking that mitigated the impacts to the neighborhood. We believe that the rights to this parking and the rights to the access to the parking vested during that period of time, 46 years is too long a period to not have a rightfully vest as part of the property interests that are part and parcel of the equitable interest associated with the property. More importantly, this resolution ensured that the property would maintain a sufficient number of parking spaces so that it would not be nonconforming. Ironically, the extra parking that was provided on this site ensured that the property would remain conforming with three different zoning codes that were in effect during the 46-year period. If this exception were to be denied today, you would assure
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that the property would become nonconforming because it would have zero parking spaces. It would have absolutely no parking provided to it. The effects on the residential neighborhood around it would be exacerbated significantly due to the fact that this commercial building would now have absolutely zero parking. The -- for that reason, we believe that the exception -- the approval of the exception here would be compatible with the neighborhood because the alternative would certainly be incompatible and would have greater -- a greater amount of deleterious impacts on the neighborhood. So we believe that we've met the criteria in Article 7 of Miami 21 for the approval of an exception and we would ask that you approve the exception. It's also significant to note that circumstances have changed during the 46-year period that this approval has been in effect. Seventy-Ninth Street was once a narrow street that provided on-street parking directly in front of the Little River Club. During the last 15 years, 79th Street has expanded significantly. All of the on-street parking immediately abutting this building has been eliminated. So not only does it not have any parking directly in front of it; the nearest parking would be across five lanes of traffic on the south side of 79th Street, 79th Street being three lanes of one-way, fast-moving traffic. The removal of the access to this property on 80th Street, we believe, would be entirely inequitable as well. In addition, we believe that it would be contrary to the -- that it would substantially diminish access to this site, which is contrary to the principles espoused by the Supreme Court of Florida in Palm Beach County versus Tessler, and also as described in Austin versus Pinellas County at 323 Southern Second 6. Palm Beach County versus Tessler, being at 538 Southern Second 846.
Commissioner Sarnoff: Do you have copies of those cases, counsel?
Mr. Fernandez: I do. They are in your materials. I would also submit to you that unlike the Gaiety Theater case, which was a City of Miami case that was litigated in I believe 2001 -- your City Attorney may have knowledge of that case. In that case there was not a complete removal of access to the property. There was only a partial diminishment of access to the property. We think that in this case the fact that, number one, 46 years have passed where the property has been obtaining access from 80th Street and the property has never had access onto 79th Street. I think that it's pretty clear that if you take away access from 80th Street that you have removed all access to this site from the abutting roadways. In addition, even if you argue that the area here highlighted in yellow that was subject of the transitional use approval that allowed the parking -- even if you argued that they never had a right to this because that was approved as a transitional use and it expired, which we entirely refute, but let's say that's the case, you still have parking that was approved by a building permit on the commercial lots as well as two ADA (Americans with Disabilities Act) compliant spaces on this lot that would not have access, would no longer have any access to them, and we believe that that's clearly an impact to their -- a substantial impact to their right of access. I want to also give you a copy of the permit that approved those parking spaces on the commercial property.
Commissioner Sarnoff: Mr. Fernandez, I want the record to reflect for my Commissioners that you only provided us one case, that is, Palm Beach versus Tessler, 538 Southern Second 846, and not the other two cases you've cited so in.
Mr. Fernandez: The Pinellas County Austin case, Commissioner, is cited within Tessler, but I'd be happy to submit a copy of that as well.
Commissioner Sarnoff: If you have a copy, I'd like to see it.
Mr. Fernandez: Sure. At this point, if I may, I'd like to simply ask Mr. Hardison to come up and tell you a little bit about the other reasons why it's important to preserve this not-for-profit entity, the Little River Club at this location, and the important service that it provides to our community. Get you that case in a moment, Commissioner.
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Robert Hardison: Good afternoon, gentlemen. My name is Robert Hardison. I'm the secretary/treasurer of the Little River Club and have been for approximately 28 years. I've been a member of the club for 31 years. And I've been involved in operation since I -- 15 days I was there. If you closed it when the bad days -- if it is ever closed, it's going to -- not only is there a sliding gate for traffic; there's also a pedestrian gate. And I hear you gentlemen talking about people parking in front of people's houses. What it's going to do it's going to put people parking on 80th Street and they'll walk through the pedestrian gate. And at the Little River Club, we're just doing something there, and we providing meeting place for alcoholics anonymous and narcotics anonymous. And what we're doing, we're saving lives there, something the City, the County, the state, and the federal government can't do. And the reason I say that, I'm one of them. I'm one of them. They saved my life. And we bought the property 21 years ago, and I obligated myself for $105,000 to purchase it, and we paid it off. I can't do that again to buy adjacent property to us. I hope that you gentlemen take into consideration how long we've been there. When we moved -- I'll back up a little lit and say when we moved there, I went to Mr. Gerardi (phonetic) with the City of Miami and got -- and asked him about is it zoned right. Can we park and so forth? And I got a letter from him saying yes, it is. The parking lot wasn't much back then. We asked the City to help us. A Mr. Kahena (phonetic) came out. He says I got good news and I got bad news. He said the good news is that you can park out here, but the bad news is you're going to have to spend some money to pave these two lots back here. We did exactly what the City of Miami asked us to do. We want to be good neighbors. People say I complained once -- one or two complaints about speeding. They didn't put speed bumps on 80th Street behind our place. They put them on 81st Street. People say there was motorcycle noise. We asked the motorcycles and we used the little small fire lane up front because people that lived behind us have motorcycles and trucks and everything else. So I ask y'all to give us favorable consideration on parking. Thank you, gentlemen.
Chair Gort: Thank you, sir. You're wrapping it up, right?
Mr. Fernandez: I'm sorry?
Chair Gort: You're wrapping it up?
Mr. Fernandez: Yeah. I'm going to -- few more comments. And I just like to expound a little bit on that meeting that Mr. Hardison had with the Zoning Department before they purchased the property. I've submitted to you the letter asking for verification from the City as to whether or not the use and the parking would be permitted on the site, and the response from the City of Miami Planning Department on their letterhead indicating that it would be with absolutely no reference to a conditional use or a time frame with respect to the conditional use. So again, I'm unaware of any code provision that requires that a nonconforming use cease immediately or have to reapply for a public hearing within a short period of time. I believe that that's entirely unconstitutional, a deprivation of our property rights. I think that the result of a denial here would be an inordinate burden on the property owner that would be contrary to their investment-backed expectations, their reasonable investment-backed expectations in this case. Every instance of nonconformity that I'm aware of prohibits a property owner from expanding a nonconformity. You just discussed it earlier with respect to an amendment that you had. Staff confirmed to you, you can't enlarge a nonconformity. We're not doing that. You can't modify it to intensify the degree of the nonconformity. We're not doing that. You can't abandon a nonconformity without risking the loss of it for more than six months. We never abandoned this nonconformity. And an act of God has not destroyed this nonconformity. So our position is that this use is vested. We are entirely entitled to continue that use. Nevertheless, we have submitted this application to follow the regulations. We submit to you we're -- we have attempted even to locate a shared access with the abutting property owner to the west. We're -- we continue to work on that situation. We would like to eliminate the access onto 80th Street. We have written to that property owner. There's a letter in your package asking them for a
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shared access arrangement. I took -- myself spoken with that property owner and they have counter offered that they would like to sell the property to the Little River Club, so we are in negotiations with that property owner. We would ask that you approve this application. I understand that the time frame is something that is within your discretion. And I would ask any other supporters that are here on behalf of the Little River Club to stand up now and speak. And Mr. Chair, if that's okay, with you, I'll open it up. We'll just reserve time for rebuttal.
Chair Gort: Yeah.
Johany Noesi: Good evening. My name is Johany Noesi. I rent -- I've been renting from the Little River Club half of the building. I have like three bay units that I rent there. I have put most of my savings into this property. When I came to the Little River Club about six years ago, they gave me a very good deal on the rent so that I can fix the building, which I have done, and now I am ready to embark on this business venture. And so without parking, obviously I will not be able to do that because, you know, we are on Biscayne Boulevard and 79th Street. There is no parking unless I cross the street in a very dangerous street and obviously for loading and unloading and all of that kind of stuff. That will not be feasible. I had couple of times park my vehicle in front of the building to unload stuff and the Miami Police Department has come, has written me tickets. I'm not allowed to park there, not even to unload or unload, and they tell me that. You know, when I explain to them the situation, they tell me that I need to take that to the DOT (Department of Transportation) Department. So like I said, I have put most of my savings into this building. I did it with the assumption that I will be there for a very long time and also because the Little River Club has given me, like I said, very good deal on the rent. So I pay low rent. But nonetheless, I already had put, you know, most of my savings in there. So it will be a very bad thing that will happen to me if the Little River has to closed down because obviously without parking space, there is just no way that I can make it there.
Chair Gort: Thank you.
Ms. Noesi: Thank you.
Chair Gort: Anyone else. This is a public hearing. Anyone else would like to speak?
Darnell Thornton: Good afternoon. My name is Darnell Thornton. I reside at 7836 Northeast Bayshore Court, at Miami 33138. I'm also a member of the Little River Club. Thank you for your time. I know it's been a long day for you guys. It's also been a long day for me. And I'm not used to this. I'm a little bit nervous, but just to give you a little bit of idea of what --
Chair Gort: Please speak into the mike.
Mr. Thornton: I'm sorry. Just to give you a little bit of idea of what we actually do, we're not a treatment facility, by no means. We don't house people at the Club, at all. We do provide a service. We provide a service. We actually show people who have actually gone to the bottom, so to speak, how to become productive members of society. That's what we do. I can tell you that because just like Bob, I'm a product of that. I came to Miami about ten years ago. I spent most of my life in Hawaii. I came to the party capital of the world in order to change my life. Thanks to the Little River Club, it has happened. I owe that club a great deal. And as a result of that, I spend a lot of time there, voluntarily time. Our main deal is run with volunteers, people who have gone through certain situations and who have overcome those situations, and we show people how to live better lives. That's what we actually do. We have a great membership. We have people from all over Miami-Dade County, Broward, all over the place; different cities, different states in the country, as well as some people from overseas. We've been there for a long time and the reason why is because we're good at what we do. We're very good at what we do, and we receive no money for it. What we do, we do as a free service. We
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do the best we can to be good members in the community, to be good neighbors. We feed people three times a yeart, Thanksgiving, Christmas, New Year's. Anyone is invited for that. We also -- I have a concern in a couple of different areas and that's because we do have a few members that are physically disabled and we need someplace for them to park. Without access to the rear parking lot, it would be practically impossible for them to get there. We also have a -- my other concern would be gar -- I'm sorry. I'm taking up your time -- garbage. We have to have the garbage picked and that type of thing. But we do provide a great service for the community. And if anybody has any questions or whatever the case may be, we will be more than happy to answer those questions with you.
Chair Gort: Thank you, sir.
Mr. Thornton: Thank you.
Chair Gort: Thank you. Anyone else? Anyone else? Okay, we close the public hearings [sic]. Well, we'll give you a few minutes -- just a very few minutes for rebuttal.
Mr. Fernandez: Mr. Chair, I don't think you've heard from the opponents.
Chair Gort: Beg your pardon?
Mr. Fernandez: I don't think you've heard from the opponents. That was only the supporters.
Chair Gort: Well, I'm asking is anybody else that like to speak? I mean, I keep asking. Is anyone else would like to speak in this matter, and have you been sworn in?
Unidentified Speaker: Yes.
Chair Gort: You've been sworn in, all of you that want to be speak? Don't be shy. We won't charge you for it. I know we pay taxes and all that, but we won't charge you to speak. Go ahead, sir.
Unidentified Speaker: I need to connect this.
Chair Gort: Go ahead while he's preparing that.
Jean Vilpin: Good evening, gentlemen, ladies. My name is Officer Vilpin. I work for the --
Priscilla A. Thompson (City Clerk): Excuse --
Mr. Vilpin: -- federal detention center downtown.
Ms. Thompson: I'm sorry, Chair. I need to make sure that the individual has been sworn in.
Mr. Vilpin: No, I haven't -- I'm not sworn in yet.
Ms. Thompson: Please raise your right hand.
Chair Gort: Anybody that like to speak has to be sworn in. Anyone that want to speak has to be sworn in. Will you please stand.
Ms. Thompson: Those of you who are being sworn in --
The City Clerk administered oath required under City Code Section 62-1 to those giving
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testimony on zoning issues.
Ms. Thompson: Thank you.
Chair Gort: Thank you. Go ahead, sir.
Mr. Vilpin: Yes. I was saying my name is Jean Vilpin. I'm an officer at the federal detention center downtown, and I'm also a pastor at my church in -- Emmanuel Baptist Church. I've been living in 80 Street for about 13 years now, and it's always a struggle with the place about parking. They close our entrance most of the time when they have events. Some of them -- I understand they doing a good job helping the community, but some of them when they block our entrance, when you try to talk to them, they get mad at you. Two -- I had people coming -- I don't know if sometime they not straight on the mind, if they doing drug or something. And when they -- somebody -- they walk in my driveway sitting down, claiming this is their house. That happen several time with me and my family and my neighbors. Sometime you have people breaking in -- walking in your house. You don't even know the people. We find them sitting in their driveway. I had chairs in front of -- in the driveway; they pick them up. We have issues: speeding, the motorcycle, the noise. Christmas, Thanksgiving, and the New Year's, you can't park there. I have to go around. Sometime I leave my car in the -- like three house behind me, I have to leave my house -- my car and walk, so it's not fair. If they can have it on -- area to -- can they open another area for them? That would be good. But the traffic -- I have three kids. I -- they have bikes. They cannot ride their bike outside because when they speed, they speed also like 40, 45 miles an hour. It's stressful over there. That's all I would like to say. Thank you.
Chair Gort: Thank you, sir. Next? You ready.
Troy Howard: Sorry for the technical difficulty. My name is Troy Howard. I live at 841 Northeast 80th Street. I'll be brief, but I think pictures tell a lot so I have pictures. I moved to Northeast 80th Street October 8 of 2008. One of my very first experiences was putting up Halloween decorations a couple weeks after and ran into a Little River member who was speeding. I live at the corner. He did a doughnut in the little circular area and sped off to the Little River. I personally walked over to ask him hey, you know, kind of slow down, and was told by the Little River management that they could not control their members. Anyway, the attorney has gone through a bunch of the stuff that I have so I'll push through it as fast as possible. This is just an aerial view of how Little River is situated on 79th and on 80th. I think you see that on the -- on his boards as well. Brief history. We talked about the passing of the conditional use. It was a conditional use. By definition, conditional uses have ends, so there's no grandfathering in of a conditional use. The parking was granted to serve eight stores at the time. The eight stores are no longer there. It's been converted into this meeting hall and whatever else they have there. And in pertinent part, the section of the Code said any such conforming use, major structure of any portion thereof, major -- and of a purposes in combination is discontinued for any reason for 180 days, any subsequent use shall conform with the regulations of the district in which it is located. So by the fact that the eight stores that this conditional use were given are no longer there and were gone in 1987, a few years before Little River Club bought this property, the conditional use needed to end according to the Code. Also, January 22 of '90 is when Little River purchased the property. March 29 of '94 they were granted permits to pay the two residential lots, adding ten to twelve more spaces. On May 12 of '94 the City granted Little River permission to install a patio at the rear of the commercial property. And if you see the picture there, the patio totally blocks any access they would have had to their parking lot from Northeast 79th Street. On November 10, 2002 the City granted Little River a permit to install a gate and a pedestrian door on the residential lots. That's leading onto 80th Street. City also granted the permits in error because in pertinent part again, the Code says no change shall be made to any nonconforming characteristics of use
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which increases nonconformity under applicable regulations, which means the original eight spaces that they -- that the original owners were given never should have been increased to the almost -- it's 28 to 32 spaces that are there right now. Also January 26, 2009, Little River erected a 40-foot billboard, further restricting whatever access they would have had from Northeast 79th Street to their rear parking lot. No. They say they make $2,000 a month on this. I think the research has probably shown it's probably more like 20,000 a month. Unneighborly neighbors. They -- as you've heard, cars speed down the -- to and from meetings, members park their cars in front of homes on their party nights, LRC (Little River Club) members on fit -- on foot have been positively linked to crimes in and around Northeast 78th Street. Just the barbeque pits, they give many parties a year. And by the way, we're not -- the neighbors are not trying to close down Little River. We appreciate the work that they do. It's just that we live there; the people that come in and out don't and don't respect our area. Just more of their parties. They erect these big tents. This is one of their parties, they -- this is their overflow onto Northeast 80th Street. Another -- that's an additional 200 cars beyond the 32 parking spaces probably that they had. And if you see in the lower left-hand corner, that's the trash that's left after their parties, so they're pretty big soirees. Also, this is -- this was caught 2009 in September, if I'm not mistaken. This young lady -- and I hid her face because I don't think she needs to be out like that. But if you notice, in her right hand she has a bottle of Bacardi. In her left hand she has a bottle of wine. She's walking away from Little River Club out of the back gate onto 80th Street. Excuse what this -- the graphic nature of these pictures or what they suggest. I've blurred them as much as possible. But these two individuals were engaging in drinking. And if you look at the picture on the right, the young lady is performing a sex act on her gentleman. This is at a vacant house at 88 -- at 8000 Northeast 8th Court. And this is them walking into Little River after they finished what they were doing. This happens at least twice a week. Little River members -- and, you know, we understand people have to make a living, but the Little River Club management does not allow these carts inside their gate when the individuals are picking up cans or trash, what have you, so they leave them outside the gate, go to their meeting, pick them up, and go on from that. This happens many, many times a year. This is auto work being done on the Little River work property. The red truck actually dropped his transmission and fixed his transmission there. That truck was there for several days. The green truck, that just happened last month. This abandoned car was there a few weeks ago, and it was there through rainstorms and what have you until we called Code enforcement. They gave them a citation, and the car was finally moved. Just random discarded liquor bottles in and around the area, outside the back gate. This was taken this morning as I was walking my dog. They park -- some of the members -- and I did not -- I caught a picture of the member car and tried to run the tag or get the tag run, but didn't have it in time to get this done. But they park in the barricade, in the street end at Northeast 7th Court and 80th Street and drink before going to the Little River Club, all right. They're saying there's no parking in front. This shows that there is plenty of parking up and down 79th Street. They are correct when they say the parking directly in front is not there, but there is parking across the street and several feet to the left and right of Little River. This is on 79th Street as well. Sole Sobriety is the exact same type of organization as Little River. They park directly on the street. They have no problem. And the other -- there's another club at 109; does the same thing. They have no parking on residential streets. So I'll close there. Just saying that again, we don't -- we're not asking for the Little River Club to be closed. We appreciate the work that they do, but this is a major problem on our street and we'd like to see it rectified. Thank you.
Chair Gort: Thank you, sir. Anyone else? And I'll allow you more time because you had people that gave up their time to give it to you, right? Yes, ma'am.
Grace Solares: Yes, sir. Grace Solares, Miami Neighborhoods United. Shore Crest Homeowners Association is a member of Miami Neighborhoods United and they came before our board with this issue. Actually, if I would have seen what I saw here today, I would have written immediately after that meeting. They presented to us exactly the issues that they're
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going through, and the entire board of directors voted to support the opposition of this application so, therefore, Commissioners, please, we oppose it. Miami Neighborhoods United. Thank you.
Chair Gort: Thank you. Yes, sir.
Alfredo Carrero: Some packets I'd like to distribute out to the Commission, if I could?
Chair Gort: Give it to the Clerk and she'll pass it out.
Mr. Carrero: My name's Alfredo Carrero. I live at 8001 Northeast 7th Avenue. Basically, I want to echo the sentiments that Mr. Howard presented here, a couple of more incidences. I've actually had personal altercations with people coming into the neighborhood drunk, people speeding -- and when I say people, I mean members of the club. People speeding. There is a school bus stop in the area, right across from the corner of my house, and members coming in taking the corner rather aggressively. I had actually sent letters from parents to Commissioner Sarnoff indicating there's an issue with speed, an issue with members of the club. We also had construction activity going on as a result of things that went on over at North Bay Village. The street blockages were removed and barricades were put up temporarily to keep traffic flowing at certain directions. Members of the club would take those barricades, move them out of the way as they saw fit so that they could travel to their establishment. When we try to, you know, reason with them say, hey, these barricades are there for a reason, their -- you know, their response, which is written in some of the e-mails that are presented, they was like “we don't have to listen to what you have to say. The City didn't put it there. We can do whatever we want.” So there is precedence that we tried to at least communicate with the members. I've gone to the club myself actually to talk to some of the managers. I would say hey, there's a problem with speeding. Can you talk to your members? But it's a temporary fix. It just keeps going on and on. So just want to add to that -- those arguments. Mr. Fernandez mentioned that they're trying to look into an adjacent property as a solution for parking, but he did talk to us in a meeting we had prior to this Commission meeting and indicated that the owner was not -- was reluctant to sell because they thought -- he thought -- or rent 'cause he thought it was -- devalue the property. Well, that's what's happening in our neighborhoods, a lot of our neighbors and our friends are moving because of this issue. We got sex offenders in the area and we've got this issue to contend with. We've got construction. We're trying to revitalize the area. We're starting a crime watch in the area and it's hard to tell who and should not -- who should and should not be there because members come in for ten minutes and come in and go out. If you're there for help, I don't see how you can be there for help for ten minutes and leave. It's -- that's what I want to leave you with.
Chair Gort: Thank you. Anyone else? Yes, sir.
Daniel Lucas: Yes. I live on 720 Northeast 80th Street as well and I can testify to the fact that all the things --
Chair Gort: And you are?
Mr. Lucas: I'm Daniel Lucas. And I testify to the fact that everything they've said here is true. I do believe that the Little River Club would probably even effici -- work a little more efficiently if some of the restrictions would be put on them so that if they had to enter from 79th Street and do it in an orderly fashion instead of being able to use the bark door -- and I've seen lots and lots of this kind of thing -- it might actually make a better usefulness of the club. And just picture when the meetings go three times a day, a caravan of all the people going to the club three times a day, zooming down your street and zooming out. They're always in a hurry. And a lot of them are court ordered. A lot of them have to work extra jobs. A lot of them have to go,
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you know, for court ordered reasons. They're also troubled people. There's good people. There's troubled people. But just thinking about the whole situation, it'll be just nice if it was done properly and better for everybody involved. Thank you very much.
Chair Gort: Thank you. Okay. Anyone else?
Jennifer Ocana Barnes: Good evening, Commissioners. My name is Jennifer Ocana Barnes. I live at 8400 Northeast Bayshore Drive. I am not only a resident of the Shore Crest area, but I'm also the president for our homeowners association. This topic has been brought to my attention extensively and it has been discussed with all of our members. Uniformly, I do want to say in speaking about our members of the homeowners association that we are definitely in opposition of any type of extension for any special use for this parking lot. In addition to that, just want to bring to your attention that we are in full support of this -- of their mission, of their values, of the things that they do to support their own members. We believe that this is something good for the community in itself. But at the same time we also acknowledge the fact that this is a risk for our neighborhood safety and quality of life. So I do want you to consider both the risk of neighborhood safety and quality of life in your consideration. Thank you.
Chair Gort: Thank you. Yes, ma'am.
Lorena Osuna: Good afternoon. I live in 755 Northeast 80th Street, right in front of the Little River. My complaint is that we had to put tree palms in front of my house 'cause that place is straight to my house. My windows are open. It's always men outside. I have a 15 year old. We always have to keep pretty much all the time -- you know, I try -- I like to leave my windows on, but it's always people coming in, coming out. Six in the morning it opens. It stays late at night. It's always -- holidays is always parties. I mean, we don't like the place to close, but we would like to -- people to come in from 79th Street open door (UNINTELLIGIBLE) they had really -- they good people. We never had a problem. I've been there for eight years and a half. But I think this is a lot of traffic. We had to put tree palms in front of my parking. Sometimes we used to come home and it's after midnight and is cars parked in my house, in my driveway, inside. So -- I mean, we never had a problem. The only reason is we'd like to close that door from the back, it would be much better for the neighborhood, I think. There's always people coming in, coming out, and many things going on, but -- and I live right in front of it. I'm the one most have these people always, always there. Always. Early is trash coming in at six in the morning make noise too. They come in front of my house like always. I mean, we like the people there. I don't -- I never had a problem so far. It's just we would like to be -- it's too many cars, too many cars. That's it.
Chair Gort: Thank you.
Ms. Osuna: Thank you.
Ms. Thompson: Excuse me, Chair. We need the name for the record, please.
Chair Gort: Name and address. She --
Ms. Osuna: I'm sorry?
Ms. Thompson: The name.
Chair Gort: Name and address again.
Ms. Thompson: We have --
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Ms. Osuna: My name Lorena Osuna. I live in 755 80th Street.
Chair Gort: Thank you.
Ms. Osuna: Right in front of this place.
Chair Gort: Thank you.
Ms. Thompson: Thank you.
Chair Gort: Yes, sir.
Jack Barnes: Commissioner, my name is Jack Barnes. I'm the owner at 8400 Northeast Bayshore, the concept of code is what helps to make it safe as a homeowner to walk the streets of our neighborhood. I think we can all appreciate that there is an emotional charge to this issue in part because of the nature of the business performed at this address. I think I speak for everyone in our community in saying that that is good work. But if Wal-Mart wanted to operate a business and exit its parking lot into our residential street, it would be the job of those who enforce the code to ensure that that does not occur. This is no different. And I thank you very much. I'm very thankful that code of Miami 21 was thoughtfully engineered to speak to exactly this issue where commercial and residential properties abut and to make sure that the business activities do not impact the quality of life of Miami neighborhoods. I encourage this Commission to deny this application for exception. Thank you.
Chair Gort: Thank you. Anyone else? Okay. Anyone else would like to speak, please come up forward.
Ken Jett: My name is Ken Jett. I own 8320 East Dixie Highway, and I just -- regardless of if it's a daycare or a little fluffy puppy store, I want to implore the board to deny the exemption that's been placed before you to return a quality of life to the neighborhood that's been diminished by commercial traffic, noise, and pollution that's attributable to the vehicular and pedestrian egress and regress [sic] from this location, to utilize the commercial corridor as intended along 79th and ensure the separation of commercial and residential areas by enforcing appropriate buffers between them, and in doing so, redeem the City's reputation on this long-standing issue by creating good neighborhood boundaries. Thank you.
Chair Gort: Thank you. Were you sworn in?
Judy Toro: Yes. Good evening, gentlemen. My name is Judy Toro, and I live at 784 Northeast 80th Street, which is two houses over from the Little River Club. I have lived in the neighborhood for six years, and I can attest to the fact that the traffic is inordinate. The noise that comes from that club in the mornings -- and I can specifically say Sunday morning because Sunday morning is usually the only time that I have to enjoy my backyard. When I'm in the yard in the morning, sometimes I have to go back into the home -- I'm with my granddaughters -- because of the profanity that comes from that area. I'm hoping that the Commission will help our neighborhood. I have lived there for six years and I really think that it is a neighborhood in transition and I believe that it can be a good community, but while this club has access to our residential streets, I just don't see that happening. I've seen too many good neighbors move away because of it. Thank you.
Chair Gort: Thank you. Anyone else? Okay, you got a few minutes.
Mr. Fernandez: I'll be very brief, Mr. Chair.
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Chair Gort: Very brief.
Mr. Fernandez: I just want to remind you that the issue here is really deprivation of current property rights. We're not talking about approving a site plan that will grant a new access to a property or a new parking area to a property. We're talking about depriving a property owner from rights that they currently enjoy. I've also submitted to you a settlement between the property owner and Dade County in relation to a Bert Harris claim that was brought. One of the neighbors mentioned barricades in this street and how barricades were moved. Well, I'll tell you the significance of that settlement agreement to me is that the County recognized that 80th Street was the only legitimate access, the only access to this property. Otherwise, why would they have settled on a claim that had to do with barricades on streets that led to 80th? Had they thought that there was reasonable access to this site off of 79th, they would have never settled a Bert Harris claim that claimed that they were losing access because -- not because their property was being deprived of access, but simply because their access was becoming more circuitous than it otherwise would be with the barricades. So I think that that's a very telling document. I sympathize with some of the neighbors' comments. I will tell you, I don't think there's anything wrong with walking down the street with a bottle of rum in your hand, and I don't think there's anything wrong with two people kissing on a stoop. I think Miami 21 encourages stoops. And hopefully more displays of open affection. I would submit to you that there is probably a solution where we can mitigate the impacts properly. Give us some time to do that. These -- this Little River Club is providing an important community service. Thank you.
Chair Gort: Thank you.
Commissioner Dunn: Mr. Chairman, I got to --
Chair Gort: Okay. We'll close the public hearings and --
Ms. Mendez: Briefly, if I may address some points brought by Mr. Fernandez.
Vice Chair Carollo: Hold on. I want --
Commissioner Dunn: He wants to hear what I got to say.
Vice Chair Carollo: -- to hear from Commissioner Dunn.
Commissioner Sarnoff: You can do it at the end.
Commissioner Dunn: I got -- I have to -- this one here has to go down in the books now. I just want to make sure I heard you correctly when you said you didn't see anything wrong with somebody walking down the street with rum --
Mr. Fernandez: With a bottle in their hand of rum. I mean, they could have been walking to their home from the liquor store.
Commissioner Dunn: Or --
Mr. Fernandez: I mean, that's what I saw.
Commissioner Dunn: Okay. But let me just ask one other question, just -- please, and I'll leave it alone.
Mr. Fernandez: Yes, sir.
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Commissioner Dunn: Nor kissing --
Mr. Fernandez: Kissing on a stoop?
Commissioner Dunn: Okay. How would you like that if that was in your neighborhood?
Mr. Fernandez: I wouldn't mind it at all. What's wrong with a kiss?
Commissioner Dunn: You have children?
Mr. Fernandez: Yes, I do.
Commissioner Dunn: Okay.
Mr. Fernandez: A kiss. That's what I saw in the picture. I didn't see an overt sexual act.
Chair Gort: Okay.
Mr. Fernandez: I didn't see that.
Chair Gort: Okay. Thank you. We close the public hearings [sic].
Commissioner Sarnoff: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Sarnoff: Shore Crest, and more particularly 79th Street, has the potential for being a great neighborhood of Miami, merely the potential. What we do here today will either help them realize that potential or we will fail in our duty as Commissioners to help them establish their potential. Now I'll consider this use as a child care center. Why not? What difference does it make what is used there? The distinction is that they are using a residential community. I have yet to see this Commission once allow the residents to suffer at the consequences of a business. Now I heard counsel, who I think just answered some questions very disappointedly, say “doesn't say anywhere in the resolution that this is a conditional use.” Yet, you'll see in Section 1, it says “the application of Lillian E. Wolf and Lester Rosenfel [sic] for a conditional use.” And I don't know how counsel -- you know, you're entitled to your own opinions. You're entitled to draw your own conclusions. But in life you're not entitled to your own facts, and the facts are here. This was a conditional use.
Mr. Fernandez: What was the condition, Mr. -- Commissioner Sarnoff?
Chair Gort: Excuse me. Public hearing is closed. We -- comments by board members. If you could please sit down. If we're going to ask you a question, we'll ask you to come to the mike.
Mr. Fernandez: Thank you.
Chair Gort: Thank you.
Commissioner Sarnoff: Now I asked for the Austin decision because I'm very familiar with the Austin decision. Of course, he submitted to us the Palm Beach decision. I can suggest to you that when you completely take away a person's use of a premise, you might have a problem. However, here's what the Austin decision says. The fact that a person loses his most convenient method of access is not a damage which is different in kind from any damage sustained by
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community at large where his property has suitable access from another street or an alternate route is available. Austin decision is the decision that most Courts site for a little inconvenience. Now understand what our Planning director said. In no way will this affect the use, the use of their premise, and they can continue to use their premise. But what they can't do is continue to put pressure on the residential community. And you know, here's what this comes down to. For four years that church has been up for sale, for four years. They turn around and they decide they're going to get themselves a billboard. Well, we went through that last session and we know the value of billboards, whether it's 10, 20 or whatever thousand dollars a month, we know they're valuable. And what they did was they closed off some of their access from the -- from 79th Street to go to the back of the property. And just so you know, since November they have been warned that they need to find an alternate way to make ingress and egress out of this property. Now, according to the meetings I've had with them, what they want to do is try to get that church property cheaper. And the way you get the church property cheaper is you try to demonstrate that the church wasn't a church for the past four years. I think that would be accurate. And when they had their exemption, well, that wasn't a good tax exemption because they stopped their use. As you know, six months after you stop using it, you lose it. So they think they're going to buy the tax deed from the church. That's a nice plan. But you know what? Forty-five years of a transitional use is long enough. You either buy the property. You rent the property. You get an easement on the property. You do whatever you need to do should you think you need to have those -- it should be really 23 parking spaces because 10 of those spaces belong in what was then an R-1 now T3 neighborhood. And if you could, Mr. Francisco Garcia, if you would just put up the slide that shows -- do you have that? Could you put that on?
Mr. Garcia: Yes, sir. If I can ask for the audiovisual office to activate my -- there we are.
Commissioner Sarnoff: This is the ingress and egress they presently have. Yet, you will see the church right next to it and you'll see -- well, the billboard they could have very easily just maintained their property. But this is what it's supposed to look like. See, that's supposed to be housing. That's supposed to be R-1 or T3 housing, and they've had 45 years to come up with a solution. Forty-five years. And if we're going to support Miami neighborhoods, we're going to have to do it across the board. And if we're going to allow daycare centers or decline daycare center, it's the same thing as whether it's an alcoholic anonymous, a drug treatment center, it is a commercial use that we have allowed to invade a private property owner's rights. I don't even know why you're up there, Mr. Fernandez. I haven't asked you one question.
Mr. Fernandez: I want to clarify the record.
Commissioner Sarnoff: Mr. Fernandez, it's up to the Chair, but I would --
Chair Gort: You had more --
Commissioner Sarnoff: -- I'm going to have three Commissioners asked to have you removed.
Chair Gort: You had more than enough time to make your presentation. Go ahead.
Commissioner Sarnoff: So today we have a chance. We have a chance to make this a great neighborhood and place it before some of the neighborhoods that we all share in Miami, or we have a chance to just say, you know what? Let it go. It's been like this for years. What do we really care? It's not really our neighborhood. But I know we're better than that and I know we're bigger than that. This was a transitional use. And let me make a finding for this Commission. This Little River Club has had continued transitional use of the parking lot with access through Northeast 80th Street without cessation for approximately 45 years and has failed to identify a permanent solution that does not impact the abutting residential
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neighborhood. T3-R area to the north is a well-established single-family residential neighborhood that is negatively impacted by continued access to the Little River Club parking lot from Northeast 80th Street. Article 7, nonconformity structure uses lots and site improvements, Section 7.1.A.1 of the Miami Code allows the continued use of the premises currently occupied by the Little River Club without parking requirements, therefore eliminating the need for the transitional use. Approval and exception for the accessory abutting parking of T3 will not be consistent with the applicable criteria as set forth in Article 7, Section 7.2.6 of the City of Miami 21 code. Madam Attorney, you had some additional things you wanted to put into the record.
Ms. Mendez: Yes. With regard to some of the things that were stated before by Mr. Fernandez on whether this was a conditional use that could terminate, according to 6871, which was the code at the time, and the provisions that Mr. Fernandez graciously also handed out to the Commission but was also part of your backup before, under 6871 with regard to conditional use, it could terminate after 30 years. In one of your sections, which is 285A, in that provision, let's say this building is made out of the most fire resistant construction. So let's say CBS (Concrete Block Stucco) block highest grade. That would have only lasted 30 years. So it's been since 1965; over 45 years. So that's one of the things with reference to the use. It was conditional. Also the conditional use was given to the applicants at the time, which were Lillian Wolf and Lester Rosenthal. And as one of the present -- one of the people from the audience that spoke -- one of the members of the public spoke, they had also mentioned that at the time the building was six storefront or eight storefront. It wasn't what it is today, which is a meeting hall or a club of sort. So at the time the applicants were asking for parking for six little stores. They weren't asking for parking for what's there today. So that's something also to take into account with reference to this application. And it was also granted to Lillian Wolf and Lester Rosenthal. They were the ones that were given the conditional use, not the Little River Club or the owner today. And also with reference to the settlement agreement, which is -- was provided by Mr. Fernandez today, this has to do with the barricades in the area of the Little River Club, so it's the area that's behind -- I guess -- I'm not very familiar with the area. I just drove by once. And it's like Northeast 80th Street. Back there is the residential area, and that residential area is very similar to Coral Gate or to some of the those areas that are blocked off so you can't go through there, and it was -- at some point in time, in order to -- because of the traffic in that area, the high traffic, the City and the County saw it fit to place barricades in that area so that there wouldn't be a lot of traffic, in order to protect the neighborhood, so -- and the City is -- in its police powers can influence and to try and protect a neighborhood by erecting those type of barricades. So that settlement has to do more with the barricades. And then the last thing I wanted to mention with reference to any type of deprivation of rights or investment-backed expectations that were argued today by Mr. Fernandez. This isn't the forum for that. This is just to determine with reference to a conditional use. So those are the things that I would like to add into the record. Thank you.
Commissioner Sarnoff: Mr. Chair, I'd like to make a motion to deny with approval.
Chair Gort: Motion to deny. Is there a second?
Commissioner Dunn: Yes, there is.
Chair Gort: Second by Commissioner Dunn. Discussion. Any further discussion? Being none, all in favor, state it by saying “aye.”
The Commission (Collectively): Aye.
PZ.3 ORDINANCE Second Reading 11-00022zt
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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, ENTITLED "DEFINITIONS," ARTICLE 3, ENTITLED "GENERAL TO ZONES," AND ARTICLE 7, ENTITLED "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 SR 05-12-11 Fact Sheet.pdf 11-00022zt PZAB Reso.pdf 11-00022zt CC Legislation (Version 4).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: Recommended approval with modifications* to City Commission on January 19, 2011 by a vote of 8-1. *See supporting documentation.
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 Vice Chairman Carollo, seconded by Commissioner Sarnoff, 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.3 was deferred to the Commission Meeting scheduled for May 12, 2011.
Chair Gort: PZ.3.
Francisco Garcia (Director, Planning): Item PZ.3 is a proposed amendment to Miami 21, the zoning ordinance.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: Excuse me. I think Commissioner Suarez asked to be here for PZ.3.
Mr. Garcia: Yes, sir, Commissioner --
Vice Chair Carollo: So --
Mr. Garcia: -- Suarez was certainly intricately involved in the drafting of this ordinance, and I believe he had expressed his wish to be here.
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Vice Chair Carollo: Exactly.
Chair Gort: He's here.
Vice Chair Carollo: Looking out for you, man.
Commissioner Suarez: Thank you.
Vice Chair Carollo: Looking out for you.
Commissioner Dunn: Of course.
Commissioner Suarez: Where we're at?
Vice Chair Carollo: PZ.3.
Commissioner Suarez: Oh.
Vice Chair Carollo: Looking out for you, man.
Commissioner Suarez: My man, my man. Thank you, Mr. Vice Chairman, for looking out. PZ.3 was the ordinance that we passed on first reading unanimously. We have since addressed the concerns that were raised by the Planning and Zoning board and have been incorporated them into the ordinance and also Miami Neighborhoods United, who had some specific suggestions. We incorporated those into the ordinance. There was one additional concern and I think it was expressed by Commissioner Sarnoff and it had to do with mixed-income housing, and I assured him at the first reading that I was -- that this was just a start and that we were going to not only, you know, hopefully finish this endeavor, but begin the next stage, which was to promote mixed-income housing. I can report back that we have since had several meetings with a variety of interested parties. This legislation took about nine months to put together, from beginning to end, and we have started the process of putting together a specific area where we will be promoting mixed-income affordable housing in Overtown with the support of course of the district Commissioner, with your support, with support of some other interested parties in that area. And I just wanted to put that on the record so that you knew that I had taken your directive seriously and that I have, you know, begun that process. It's a process going to take time, just like this process has taken time. I wish I could -- I wish I had it here with me to say this is part of this particular legislation and, you know, I know you reserve the right then to, you know, vote your conscience on this. But I can tell you, we've all been very straight with each other; that I have taken that very seriously and we have begun that process and it's a process that will take time, but we'll come back before either this board or the CRA (Community Redevelopment Agency) or both at some point in the future, you know, assuming that the executive director and the chairman of that entity is so disposed to go forward with it. And I think we can continue to discuss that at little bit more length as time goes on. So if anyone has any questions, you know, I would like to make the motion and hope that somebody will second it.
Chair Gort: It's been moved by Commissioner Suarez, second --
Vice Chair Carollo: Second.
Chair Gort: -- by Vice Chairman Carollo. This is a public hearing. You want to read the ordinance first. Want to read it? I'll open it to the public, but I want you to read it so people know what we're talking.
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Victoria Mendez (Assistant City Attorney): A resolution of the Miami City Commission with attachments --
Commissioner Suarez: It's not a resolution.
Chair Gort: No. We're on --
Vice Chair Carollo: Ordinance.
Chair Gort: -- PZ.3. It's an ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Chair Gort: Thank you. This is a public hearing. Would anybody like to address PZ.3? Is there anyone here to address PZ.3? Being none, it's being closed. We had a motion and a second. Is there any further discussion?
Commissioner Sarnoff: Yes, sir.
Chair Gort: Yes, sir.
Commissioner Sarnoff: Well, I want to thank the Commissioner for making the changes that he's made. I don't know that I can support it simply because I have experienced reductions in parking in my district and the reduction in parking has not, in my opinion, worked out extremely well. It's been done for many different reasons. It's been done to promote development. It's been done in the name of affordable housing. It has been done in the name of workforce housing. It has been done in every name that I can think of because when I first came on this dais and things were -- seem like the sky was the limit, I think it was $22,000 per parking space and every developer in Miami wanted to somehow avoid that $22,000 parking space. I would agree with your ordinance that a transit-oriented development should have a 15 percent reduction. I think you're right on that. I think we have to acknowledge and move people towards mass transit, and I think $4.15 a gallon a gas will help initiate that as well. The thing I do take issue with, though, is the next two reductions, 15 percent, so you can add to that may be taken by warrant, and I don't know that I can see the reasons being stated as clearly as they need to be stated. But in addition to that, you can take more off for elderly homes. And I do agree at a certain point in time, a person does stop driving. But the definition of elderly, I don't know what that is or what it will be or how it will work, and I'm more than willing to engage in a colloquy with you.
Commissioner Suarez: Thank you. Mr. Chairman, may I?
Chair Gort: Yes.
Commissioner Suarez: I just want to discuss this issue because I want to try to give you some comfort. I would love for this to be a unanimous vote. I know that, you know, obviously you reserve the right to vote your conscience. But I want to give you a little bit of thought process of how we got to this point. The initial reduction -- if this -- if a development is -- receives a certified affordable housing designation is 35 percent. That number was developed through -- from a variety of different sources, prior applications, et cetera, et cetera. It was not made an issue of either at Planning and Zoning -- by the Planning and Zoning members, nor by Miami Neighborhoods United. I actually physically went to about seven different affordable housing
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projects at about 9 o' clock at night just to do additional due diligence and make sure that the 35 percent was something that we could be comfortable with. And I could tell you that out of all seven sites that I visited, unexpected by the way, not planned, all of them easily would have complied with the 35 percent reduction. Now on transit-oriented developments, which, by the way, there are none that exist right now in the City of Miami, that is a little bit more speculative in nature. And the initial legislation had a 30 percent bonus for transit -- a reduction for transit-oriented development. Based on my due diligence and having actually gone to the buildings myself and counted out cars literally, you know, going floor by floor by floor, I didn't feel comfortable with them getting an additional 30 percent as of right just because they were on a transit-oriented development. I didn't feel that -- I thought that the range of -- between 40 and 50 percent was much easier justified, given what I had seen actually visiting -- site visiting these buildings. So we actually kind of self policing -- in a self-policing mechanism decided that it would be -- since there is no precedent for these kinds of developments, that it would be in the City's best interest not to give the full 30 percent, even if it's in a transit-oriented development, but to give the Planning Department discretion on the second 15 percent because there may be situations where it doesn't -- you know, we don't want to create spillover parking and that's precisely the reason why we broke that down from first reading to second reading. The second observation, based on what you said, was that the deed requirement, which has to do with elderly, I don't think that's -- and please correct me if I'm wrong, Francisco -- Mr. Garcia -- I don't think that's above and beyond any amount. Can you clarify that for the record?
Mr. Garcia: That is correct, Commissioner. The provision that exists for elderly housing is an alternate. And so if a development proposal were to qualify as housing for the elderly, then they would choose that method, that formula, if it suits them, and it is to their advantage.
Commissioner Sarnoff: Well, can I -- let me ask you this because it's -- I have a memo from an attorney, and it says to me that if you hit all the reductions, you could get a 65 percent reduction in your parking requirements. Now 65 percent -- let's say it's a thousand unit -- well, let's go lower. Let's go a 500-unit housing. You guys could waive 65 percent of the needed parking based on -- it's either 1.5 per unit or 1 per unit. I don't remember where 21 ended up. And you know, let me give you my experience. I've been to every high-rise building in District 2 -- that took a long time -- up and down Biscayne Boulevard. Probably in the 18s and 17 Street area, there were what I would call less expensive housing. Let me give you a category, between 600 to $800 per month unit -- in Miami, I would suggest to you that's probably not a bad price -- probably one- in two-bedrooms. I did go into the parking garages there and equally agree with you that there was allowable space in the parking garage. But when I drove in there, we couldn't find a parking spot anywhere to park. And what I learned was they charge $30 a month to park, so everybody parks outside all around the neighborhood. Now that's Edgewater, and that was a beautiful neighborhood. I don't think there's anything this City Commission can do to change that it's in transition and it's probably no going back. But I don't know how fair it is to wake up every day in a single-family home and never have parking in front of your house, you know, throughout that neighborhood because a developer, you know, developed -- I think $600 a month is affordable housing. Forgive me if it doesn't hit somebody's critical criteria because I don't think there's a good definition of affordable housing. Certainly is workforce housing. And to see three -- there were three buildings, and all the garages were -- certainly had space for another 30 percent parking. The entire neighborhood was parked solid with cars, and I asked each property manager why is it that your parking garages -- and they said 'cause we charge $30 a month. Again, I don't know if that's a lot of money. I guess if you're not making a lot of money, it's a lot of money, but it's $30 a month, which I thought that was a pretty reasonable amount to park inside. And that entire neighborhood, if you go by, it's 18, 17th, and I think 16th, you could go any time you want, it's parked solid. So I am very cognizant of the City of Miami not having the requisite parking for any kind of domicile, if you will. I think people who are poor have cars. I think middle income people have cars. And I
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think rich folk have cars. That's my experience in life. Elderly, I concede with you there is a point in time you stop driving. My -- for some, it might be 70. For some, it might be 80. Now for my grandparents, it was 95, although I thought he should have gotten off the road about 15 years before that. But there's no point in which time the state of Florida asks you to come off the road because some people could do it, some people don't. I just have an issue where you can net 65 percent reduction in parking, and I think it's a wink and a nod. And I think sometimes affordable housing is used as a Trojan horse. And I think who could be against affordable housing? Who's against grandma and grandpa? As soon as you use the word affordable housing, if you say something negative about it, you're just a rich dude that wears a suit and you don't like the people in it. That's not true at all. What I am trying to say is sometimes it acts like a Trojan horse. Sometimes in the name of affordable housing, and in all honesty, these guys make a guaranteed 18 percent -- I haven't made that in a bank in years -- and they have a potential to make another 18 percent, which is a 36 percent return in the name of grandma and grandpa or, if you will, affordable housing. So I do understand what you're trying to do and I don't doubt in any respect your intentions are all, you know, nothing but the best of intentions. I just have to say my experience is a little different than yours. And you know, I think it took me two months to make it through every condominium in Miami, and the ones that -- the one that left the most indelible mark in me was the one on 17th, 16th, and 18th Street and the amount of parking that was up and down that neighborhood from folks that were walking in and out of those buildings.
Commissioner Suarez: Mr. Chairman, if I may?
Chair Gort: Yes.
Commissioner Suarez: Just wanted to address a couple of the points. One is my understanding, I think there are some representatives here who actually represent affordable housing developers, but there is no -- they don't charge parking costs in affordable housing developments, so there's no justification for people not parking within the building. That -- you know, from a cost perspective. I think the reason why we went down from the 30 additional percentage in the transit-orient development was two-fold. One is a non--trans -- there is no transit-oriented developments right now. But on nontransit-oriented development projects, I thought 50 -- you know, that percentage would have been too much, so I said, I'd rather give more discretion to the Planning Department, to the City of Miami Commission to ensure that we don't have any spillover parking issues and that these things are scrutinized on a case-by-case basis. But I think, you know, the way it works is you first have to be an approved affordable housing developer, that's A, to get the 35, then it has to be a transit-oriented development, which by the way was reduced in size and in scope and in distance from first to second reading from three quarters of a mile to half a mile on the basis of what Miami Neighborhood [sic] United and also the Planning and Zoning Department had recommended, so we incorporated that recommendation and made smaller the area that can be designated transit-oriented development. And then without any request from any invested party, aside from, you know, yourself expressing it today, we kind of self -- in a self-policing mechanism because I had spent that time going, you know, floor by floor, said, you know what, 65 percent may be a little bit too much and we don't want to be in a situation in the future where we have spillover parking, particularly since some of this is speculative. You know, we don't want to put ourselves in that position. And I even had a conversation with Mr. Garcia, saying look, we need to be very, very, very careful if we're going to go beyond the 50 percent in a transit-oriented development. We need some real good assurances that that's going to be justifiable because that is a -- that's a large reduction which could, you know -- and like you said, I think, correctly, once you make that reduction, it's very hard to go back on it, you know, and you have the problem. And how do you fix the problem? Then you're in a Commissioner's nightmare, which is my nightmare and your nightmare, which is how do you fix spillover parking problems in a neighborhood. Do you create residential parking zones, do you put no parking. I mean, what do you do. And all
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that takes time, energy, effort. I mean, it's a nightmare. And so I can understand your concern. I mean, I feel comfortable that we kind of self-policed ourself [sic]. I wish that you could feel that same level of comfort. I don't know what I could do to give you that same level of comfort, but --
Commissioner Sarnoff: I don't think you could because five years on this dais, having watched our Planning Department approve things and having watched everyone say this is the correct amount of parking and then watch it fail. I got to admit, it wasn't Francisco on the dais. It wasn't Mr. Garcia, but I watched time and time again -- I'll be honest with you, Miami 21. My first meeting in Miami 21 was with then City Manager Pete Hernandez and we were sitting with Elizabeth Plater-Zyberk. And it was Pete's second briefing on Miami 21, my first briefing, and you ever been to her place, it's quite an extraordinary place, although very difficult to park. She has a parking problem of her own. And she had suggested at that time -- and I don't know that it ended up, but it was -- which was to be one parking space per unit. Now, okay, if you're a single guy or a single girl, might work. Figured once you get married, a little tough, but you know. She told us Miami would drop its cars. And I said, okay. That's a visionary statement.
Chair Gort: Yes.
Commissioner Sarnoff: But I don't think it's going to happen in our lifetime. She told me I was wrong. Then I asked everybody at the table that was sitting there -- and there were about 15 of us -- how many people here had one car in the family? Nobody raised their hand. Two cars in the family? About three people raised their hand? To make this story short, when I got to six cars, Pete Hernandez raised his hands. And I said Pete, when are you getting rid of those five cars? And he goes “Never, Commissioner.” And I said, then I guess you can't be a Miami 21 guy. And so I hear what you're saying, but I've been here and I've seen the practical application. It's one thing to sit in a nice, beautiful venue like this and say, Commissioner, 1.5 cars per unit, per 1,500 square foot of living space is exactly what it should work. It's another thing to go outside in the humidity in the heat at 95 degrees, walk around looking for a parking space and then -- and you're the resident that lives in front of where all the parking is going on, you're an R1 -- I guess it would be T3 resident now -- and your parking's taken away because of an action taken by people based on a planner's advice that is really a direction they want us to go to. And you're right, a certain point in time there's going to be a policy statement made -- and maybe it is today -- but a policy statement made where we direct people away from cars into mass transit and you prod them along by doing that, and the gas prices alone help prod that process along in and of itself. And it's just a matter of where you fall in the equation. If you want to push them faster, then you lower these requirements, but it comes at a cost, and it comes at a cost of single-family residents. It comes at a cost of neighborhoods. I --
Commissioner Suarez: Wait, wait, wait. I got to stop you there. Because you can't get these bonuses adjacent to a single-family neighborhood.
Commissioner Sarnoff: Okay.
Commissioner Suarez: You can't get the bonuses -- and that's number one. Number two, the second bonus says that -- the second 15 percent says that an additional reduction of up to 15 percent may be permitted by a warrant upon a showing that a reduction in off-street parking is justified in view of the nature and type of perspective occupancy and the economic circumstances involved and that the impacts from such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. So that's the standard by which --
Commissioner Sarnoff: You're -- you know, we're going to take an issue up the end of the day today, the last issue we're going to hear. It's going to be all about parking and neighborhood.
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Commissioner Suarez: Yes.
Commissioner Sarnoff: And --
Commissioner Suarez: I know.
Commissioner Sarnoff: -- and this was done 45 years ago and it was a transitional use. And in 45 years, the transition never occurred.
Commissioner Suarez: And exactly. And in that particular case, had an affordable housing development then built on that land, the one that you're talking about, they could not avail themselves of these bonuses because it's adjacent to a single-family residential neighborhood, so that wouldn't be a problem in this particular case. I know this stuff gets -- sometimes it gets complicated. And since I've been involved in this process for nine months, I know this kind of back and forward. And one of the things that we had to do with Miami Neighborhoods United and with some of the other folks involved is we had to go through and have many meetings and actually plot out on a map, look, it doesn't apply here, it won't apply there. And so little by little you start taking away the fear of, you know, is this going to be in my backyard and is this going to damage my neighborhood. As we've already stated and I think you've stated on the record, there is a direct correlation with the number of parking spaces that you have to provide and the number of affordable housing unit that is you can build and it's a cost, as you said. And so part of -- the purpose behind this legislation is to make the City of Miami more cost competitive, vis-à-vis other parts of the state that go and compete for state dollars so that we can provide more affordable housing which -- as I said in the first reading, you know, I kind of went over the demand needs in Dade County and the lack of supply in that realm. I think it was a 1.2 million people eligible for affordable housing in Dade County. I think there was a 30-day window in 2009 where 70,000 people applied and the turnover rate is 1,400 per year. So the demand for affordable housing and elderly affordable housing as many of our colleagues can attest to far -- I mean, that's one of the biggest complaints that we get in our district, the biggest request that we get in our district is affordable housing, (UNINTELLIGIBLE), you know, and I can tell you that there's already been a developer that has come to us to say, if this thing gets passed, we're going to be able to utilize it. So it's not going to be something that we just pass and never get used. And I want to track the usefulness of it. I would like, you know, our Planning Department to give us reports every six months or every year as to who applies and who avails themselves. And like any legislation, it can be tweaked, you know, and certainly, I think I know what you're going to -- what you would say to that, which is yeah, it could be tweaked, but after you've built something, you know, it's set in stone, so you know, I'm very conscience of that and that's why we've kind of self-policed ourselves from first or second reading without anyone asking us, except for you bringing up this issue today, believe it or not. You know, we agreed and -- intuitively agreed with you and reduced it from additional 30 percent to a 15/15, so --
Commissioner Sarnoff: I just have two comments --
Chair Gort: Okay.
Commissioner Sarnoff: -- just to reply --
Commissioner Suarez: Sure.
Commissioner Sarnoff: -- and then I think our debate is done. First and foremost, if we're competing for affordable housing dollars with the rest of the state of Florida, you tell me another community that has a more robust -- and I'm not bragging on us. What I'm saying is think of another community in the state of Florida that has a robust mass transit system. The
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answer would be none.
Commissioner Suarez: True.
Commissioner Sarnoff: I mean, I could think of Ft. Myers, Jacksonville, they don't exist. So they're going to be building parking garages as a matter of need. The second thing -- and I heard you say this. If Dade County is a community of 2.5 million people, which I heard this said at the debate -- the mayoral debate yesterday many, many times. I think everybody conceded to that number. You're saying that approximately half the people need affordable housing.
Commissioner Suarez: I'm saying that according to Gregg Fortner, who's the director of the Housing Department of Dade County, he says that approximately -- I don't know if it was a million or a million two. I know it's a big difference. That's 200,000 people. But I think it's -- the formula is a percentage of area median income. And so based on the area median income formula, he said roughly -- I think he said roughly a million people are eligible -- maybe it was a a million two are eligible for affordable housing in Dade County, eligible. That doesn't mean that, you know, they're going to get it, but they're eligible. And then, you know, the 30 days is a snapshot of what the demand is in a 30-day period.
Commissioner Sarnoff: I'm only questioning the million -- the 1.2 million because that would mean half the people in Dade County are affordable housing eligible.
Commissioner Suarez: It's a poor county.
Commissioner Dunn: Yeah.
Commissioner Sarnoff: I no. I realize we're poor, but I have trouble believing half of us qualify for affordable housing.
Chair Gort: I understand, but I can tell you in the City of Miami, it pretty much meets that. Yes, Commissioner Dunn.
Commissioner Dunn: Yes, Mr. Chairman. And certainly I appreciate the dialogue and somewhat the good-spirited debate on this issue. I just so happen, Mr. Chairman, to follow you in visiting the Miami Stadium apartments. You can't go anywhere without anybody letting you know where you've been this past week. And the -- I was trying to assist someone. And every new development in my district and outside of my district, for the most part, had a waiting list. And I found that -- I was dumbfounded because with all of the new construction, it's still not keeping up with the demand and the supply. The supply is not keeping up with the demand. I mean -- and I -- and it may seem hard to comprehend, but it is a real issue. I mean, I went to -- I mean, several new developments. I went to some developments outside - on the outskirts of District 5 that may border District 3, District 2 and the County. And as many developments as I saw online, every place I visited, whether it was -- I was all in your district, Commissioner Gort, Santa Clara, Santa Clara II. You don't hold that against me, will you. The new development at at Allapattah by the transit station. That's a beautiful development. It's full. And the amazing thing was -- and I mean, just this past week -- just yesterday to be exact, everywhere I visited, I mean everywhere, they may have one three-bedroom, you know, 'cause that's on the high end that they are two or three that are available. And most people said to me the waiting list would be somewhere June, July, or August and people were still -- I mean, it was a constant traffic -- flow of traffic going into these various places. And I was saying, my God, you know, where have I been all these years, you know. But I saw it from -- I mean, if you really want something new and nice, qualitative, you know, but yet affordable and we -- I don't know. That's another discussion there. So I can appreciate all of the diligence on your part,
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Commissioner Suarez, 'cause unfortunately, fortunately, unfortunately, that is pretty much the makeup of District 5. And everywhere I visited had a waiting list.
Commissioner Suarez: Mr. Chairman, if I may?
Chair Gort: Yes, sir.
Commissioner Suarez: I just want to say, because I think that is a good point, that the buildings that I visited when looking at the parking issue and I walked, you know, floor by floor, and counted the spots that were available, vis-à-vis the spots that were occupied, I asked the project manager, the building manager, better said, what is your occupancy rate because I wanted to make sure that, you know, we were not half-full building, for example, you know, that you know, we were not miscalculating on the basis that it's a half-full building. Every single building that we went to, the Manager told me that the occupancy rate was between 98 and 99 percent. So, you know, as you said, there's a turnover of one apartment here or there, something happens, and then they fill it right away. I mean, they have the -- so it's at 99 percent occupancy at the moment that I went and walked through the building. And I did it because -- interestingly, I didn't do it because it was brought up as an issue. It wasn't brought up in PZAB. It wasn't brought up, you know, by MNU (Miami Neighborhoods United). It was -- I did it because I felt that that's what any of you would do in my situation. I felt that you would want that diligence done. And I also wanted to be able to look you in the eye and say, look, I've done my homework. And I also am conscience of the fact that these things are going to be built in our districts and could become problematic if this is not done properly, which is why, you know, I took that extra time to really go and literally physically walk up and down ten flights of garage stairs, you know, eight buildings, whatever number of buildings they were.
Commissioner Dunn: You're a little younger than I; I didn't try that.
Commissioner Suarez: So I mean, I -- I think one of the great things about this body is we have a -- you know, we're a collegial body. We -- I love to have -- he knows how much I respect his support and he knows how important this is to me. I'd love to have his support on this, but if it can't be, it can't be. I understand.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I'm sorry. If you were going to speak, then I'll yield to you. No?
Commissioner Sarnoff: No.
Vice Chair Carollo: I thought the Chairman was going to speak.
Chair Gort: No, no. Go ahead.
Vice Chair Carollo: I definitely appreciate the work my colleague has done. It clearly, you know, shows that he's done his homework. At the same time, you know, I would like to get unanimous and that may actually be impossible. I'm not sure. I know that I, for one, would like to see some of the buildings in my district and see as far as the occupancy and so forth because yeah, I'm -- you know, I think an extra two weeks will go a long ways in just to make sure that we, in the future, don't have to go back and try to fix something that it's a problem. And in a way, I feel bad, you know, stating this because I definitely know the hard work you've done. I mean, it shows. And it's truly appreciated. But I -- remember, we just had a special Commission meeting a week ago. And a week prior to that, we had a full Commission meeting,
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so it's somewhat of a short --
Commissioner Suarez: And a CRA and a MSEA (Miami Sports & Exhibition Authority) meeting.
Commissioner Sarnoff: We're seeing way too much of each other.
Vice Chair Carollo: So you know --
Commissioner Suarez: Commissioner, I have -- Mr. Vice Chairman, I have no objection if it could mean the difference between having a unanimous vote or not and having -- giving you and Commissioner Sarnoff the extra time to really do a little bit more due diligence to maybe scour through the legislation to see how it applies because we've taken it on a citywide basis. If that's going to give you a better comfort level and may potentially sway your decision, absolutely.
Commissioner Sarnoff: Would you loan me Mike Llorente?
Commissioner Suarez: Mike, Carlos, whoever you want.
Commissioner Sarnoff: Okay.
Vice Chair Carollo: And again, it could only be two weeks. I'm not asking for a month; just two weeks, I think, will go a long ways. And you know, when I vote for this, I want to make sure that, you know, it's something that we all --
Commissioner Suarez: Absolutely.
Vice Chair Carollo: -- are proud of and you know --
Commissioner Suarez: I'll withdraw my motion, then, and if we can move it to be deferred two weeks.
Vice Chair Carollo: Two weeks. To the next Commission meeting.
Commissioner Suarez: Sure. Done deal.
Chair Gort: For the sake of having everyone input, I'll go along with it. But I have to tell you, every building within my district that I've talked to, they have a waiting list. And some of the waiting list, it takes two and three years for people to come in. So that's why I keep saying, a lot of people don't understand it when I continue to say each neighborhood in the City of Miami is different, and the needs in a different neighborhood are completely different from the other ones. So I don't mind -- Vice Mayor -- Vice Chairman Carollo, you have a motion?
Vice Chair Carollo: Yes. I made a motion to defer this item to the next Commission meeting.
Commissioner Sarnoff: Second.
Chair Gort: It's been moved and second. Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chair Carollo: And thank you, by the way, Commissioner.
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Commissioner Suarez: Thank you, guys. Thanks for taking the time.
Chair Gort: Thank you for the work done.
PZ.4 ORDINANCE First Reading 11-00113lu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00113lu CC SR 05-26-11 Fact Sheet.pdf 11-00113lu CC Analysis.pdf 11-000113lu Land Use Maps.pdf 11-00113lu Aerial Map.pdf 11-00113lu Miami-Dade County Public Schools Concurrency.pdf 11-00113lu PZAB Reso.pdf 11-00113lu Application & Supporting Documents.pdf 11-00113lu CC Legislation (Version 3).pdf 11-00113lu & 11-00113zc Exhibit A.pdf
LOCATION: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties
FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-00113zc and related File IDs 11-00113lu1 & 11-00113zc1.
PURPOSE: This will change the above properties to "Low Density Restricted Commercial".
Motion by Commissioner Sarnoff, 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.4.
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Francisco Garcia (Director, Planning): Items PZ.4 and PZ.5 are companion items. Item PZ.4 is a land-use change for the property located at 3242 Charles Avenue, and item PZ.5 is a request for a rezoning at the same property. The item would basically change the zoning designation and land-use designation from single-family residential, which it is presently, to T4 L or general urban transect zone, which is what is proposed. It would of course retain the NCD-2 overlay that is presently there. The Planning -- the Planning Department's recommendation is for approval. We feel that the desired T4 L serves as an appropriate buffer zoning. The parcels in question are immediately abutting the commercial area that fronts Main Highway and for that reason, once again, we are recommending approval. We'll certainly answer any questions you may have.
Chair Gort: Thank you.
Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, and I'm representing 3242 Charles LLC (Limited Liability Company) and Stirrup Properties who -- 3242 Charles is the lessee and 3242 Charles Avenue and Stirrup Properties is the owner of that property, and we are asking -- we are the applicants asking for the change in land use and the rezoning. Unaccustomed as I am to appear in front of you as an applicant, I will try to do my best. We're doing -- we're applying for a very simple reason, and that is to preserve the historic Stirrup house. My clients have leased the property. It's a 50-year lease, and they're doing so because they want to preserve the historic Stirrup house because the owners can't. The owners are property owners in Coconut Grove, and Dr. Simpson is here, who is the representative of Stirrup Properties. That is one of the oldest wood frame houses in the City of Miami. It was built by E.W.F. Stirrup, who is founder of Coconut Grove, a pioneer in Coconut Grove. And this house is interesting because it was built for his family, for any member of his family to live there if they needed a place to live. And I think Dr. Simpson can say that it's been continuously occupied up to about, what, two years ago? Five years ago. And the house has fallen into some disrepair. My clients would like to utilize that property as part of their commercial property and develop it and use it and in doing so, adaptively reuse it. Adaptive reuse is a concept in historic preservation that allows a building quite simply to pay for itself. A residential building is hard to pay for itself, especially a historic wood frame house such as this. Mr. Stirrup was a carpenter. Everything in that house he did by hand. And historically -- and this is a historically-designated property -- everything has to be replaced, repaired exactly the way it was done. This is not a very cheap option, but it is the option that my clients are willing to undertake to preserve that house. So we're seeking the rezoning to a commercial use because that's what's going to be able to pay for this. What my clients have done and what we've done is we've met with the neighborhood. We've met with many members of the neighborhood through the auspices of the Homeowners and Tenants Association, but it's not just the Homeowners and Tenants Association who has been talking to us because they've invited people who are not members to attend these meetings. And what my clients have done -- have proffered to the community and to you is that what we would do is we would ask for this rezoning and land use only up to a foot of the boundary between this property and the adjacent property. What does that do? Very simply, when need to rezone property you have to be adjacent to the property. If we only rezone and change the land use up to a foot, we're not adjacent, so the property next door can't take advantage of this rezoning. This rezoning's important for another reason. Historically, everything we do, because this property is designated, has to go before the historic preservation officer of the City of Miami and before the Historic Preservation Board. Some people may say why not put a historic overlay on this property. And the reason why is because there is some question and maybe some question whether you can take a single-family zoned property and go to the Historic Preservation Board and ask them to essentially waive the zoning code. There's a case in Tampa, Florida, that says when you're comparing a zoning code -- applying a zoning code and applying a historic preservation ordinance, the zoning code wills out. The zoning code is the code that you have to go by. So what we want to do is get the zoning changed. Even if we change the zoning, we can't do anything with that property unless
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we go to the Historic Preservation Board. They have -- we have to get a certificate of appropriateness for any work done on that -- exterior of that house. So what we're trying to do is do it the right way, get the zoning in place, go to the Historic Preservation Board and get the use. But that's not all we've worked with the neighbors. We've always gone to the neighbors and said that we're not going to have any access off of Charles Avenue because Charles Avenue is a residential street. Therefore, if vehicular access is not going to come off of Charles Avenue, it can come off of Main Highway. It will be -- this property will be part of the complex that includes Calamari and that restaurant area so people will be able to park there or valet there and walk in. There still will be vehicular -- I mean, pedestrian access off of Charles Avenue. There was some question about the wood frame house. What happens if the wood frame house catches on fire or is burned down? My client has agreed that he will retain an insurance policy for the full replacement value of that building. He will also restrict the property to the allowed use under the T4 L and is approved by the Historic Preservation Board. We will also work with the neighbors regarding how we utilize the property. So before we go to the Historic Preservation Board, we are going to go to the neighbors, talk to them about what use is going in there. What my clients would like to do is a café, a bed and breakfast, some use that would be compatible with this. As the City has said, this is a transition. It's a transition from the very intense use in T4 L and T5 -- I think it's T4 R on Main Highway to the R1, and this provides that transition. I'd like to reserve a couple of minutes for rebuttal, if there's any need for it, but we're willing to work with the neighbors. We've tried to work with them. We've had four meetings and we will continue to have more meetings as this process goes on. Thank you very much.
Chair Gort: Oka. Thank you. It's a public hearing. Is anyone in the public would like to address this issue?
Mr. Garcia: If I may, Mr. Chair, I'd like to make one additional comment.
Chair Gort: Yes.
Mr. Garcia: I was remiss in not conveying to you what the recommendations of the Planning, Zoning and Appeals Board had been, and I'd like to do that briefly. The Planning, Zoning Appeals Board considered this item and they considered the item favorably. In the end, their vote was 5-2 in favor of the land-use change. However, because they failed to meet the super majority required of at least 7 votes in favor, the motion failed, and the recommendation is going to read in your records as a recommendation for denial. However, they did want me to convey to you and they expressed at the meeting their desire to recommend favorably, at least five members did. And as pertains to the zoning designation, the vote in the end was 4-3, which again failed to meet the majority requirement.
Chair Gort: What's the majority requirement again?
Ms. Garcia-Toledo: I'm sorry, sir?
Chair Gort: What's the majority requirement again?
Mr. Garcia: Seven votes in favor is a minimum for a land-use change --
Chair Gort: Okay.
Mr. Garcia: -- according to Miami 21.
Chair Gort: Thank you. Madam Clerk, I understand we have some new individuals that walked in. Maybe they'd like to be sworn in if they're going to be testifying.
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Priscilla A. Thompson (City Clerk): Ladies and gentlemen, if you are here and you'll be testifying on PZ items and you have not been sworn in, will you please stand and raise your right hand?
The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues.
Ms. Thompson: Thank you.
Chair Gort: Yes, ma'am.
Hattie Armbrister: Yes. My name is Hattie Armbrister and I reside at 3350 Charles Avenue. First of all, I'm here in opposition to this. Mr. Gibbs is saying that he's had four meetings with the neighbors. We went to one meeting and he made a presentation and we were instructed at the meeting that if we had any questions for him, we can meet him in the parking lot. So I don't think that's having a meeting with the neighbors. We have had no meetings at all. We don't know what's going on. We didn't even get the letter, the little things that they send from the City Commission that you fill out -- well, Planning and Zoning, that you sign to say that you' re against something or you're for it. I never received one of those either.
Chair Gort: Okay.
Ms. Armbrister: So we started finding out about this when Mr. Armbrister came door-to-door and talked to everyone and let us know that there was a meeting. That's when we found out about it. And I just happen to pass by and see one sign posted on the two properties on -- across the street and one on the house. That's how I found out about the meeting.
Chair Gort: Okay. Thank you, ma'am. Next.
Tracy Bryant: Good afternoon, Commissioners. My name is Tracy B. Bryant. I reside at 3364 Charles Avenue. And I'm here to let you know that I am also in opposition to this particular land-use change due to the fact that Mr. Gibbs is saying also about the traffic being restricted not to Charles Avenue. I don't know how you can restrict traffic when we already have traffic coming down our street when there are special events, and that particular street is also predominantly elderly people, my mom being one of them. She's probably the oldest person in the neighborhood. We have, you know, problems with traffic as it is. And I feel just feel that there's something else that can be done to this property other than changing the land use to make it commercial because if you start with one, even though they're asking for the one foot, it's a possibility someone else could probably come back and say well, we want to move it further down the street and it becomes a domino effect. So I just want to let you know that I am too in denial [sic] of this particular change. Thank you.
Chair Gort: Thank you. Anyone else? Well, I haven't seen you in a while.
Jim McMaster: Oh, I'm back. Jim McMaster, 2940 Southwest 30th Court. No one is against saving this historic house, and I don't think that anyone is opposed to this house being used as a restaurant and bed and breakfast. I think it's a question of how we get there. How do we protect the community, stop the domino effect, and allow the lessee to redevelop this property? The Planning Department has said that this new zoning will allow a transition from the higher density on Main Highway to the single family. I think that we could accomplish the same goal through the historic preservation ordinance. We have an historic piece of property directly adjacent to commercial. It backs into higher density residential. And I think that as Mr.
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Pastoriza earlier on another item, there's a glitch in Miami 21 which they're going -- they deferred that. I would urge you tonight to defer this item, look to incorporating in the historic preservation ordinance the ability if you're adjacent to commercial and have a historic property to go ahead and through the historic ordinance, amend, I guess it's Chapter 23 and do it that way. Tucker just said that they're here to preserve the house. My understanding is they've had a long-term lease for three or four years on this house. They've never been to the Historic Preservation Board. I understand they've never been to Planning Department. They've never been to anybody. So I think it's premature today for this Commission, even if you think it's a good idea to rezone the property as a transitional use and to protect this house, they need to come back here and they need to show us something, anything. You know, when they had meetings talking about getting this long-term lease, someone on a cocktail napkin drew a diagram of what they were going to do with this house. So I think all we're getting is promises. Again, I'm not opposed to this house being used as a restaurant and preserving it, but I think that there's a much better way. So I'd urge you to defer this today, send the applicant back, talk to the Planning Department, amend Chapter 23 to allow this. Villa Woodbind on South Bayshore Drive across from Kennedy Park used for weddings, events is not bothering anybody. Thank you.
Chair Gort: Thank you. Anyone else? Anyone else?
Barbara Lange: Hello. My name is Barbara Lange. I live on 3495 Main Highway, Coconut Grove. In ordinance 11000 there was a historic overlay that would allow if a house was zoned residential single-family, it could be -- have a historic overlay and it could be used as an office. And two examples of that are the Dewey (phonetic) house and the Nolan house which are used for offices on Brickell Avenue. Now I don't see why if it's not -- and I don't know -- in Miami 21, why we can't have a historic overlay, preserve the residential single-family zoning in the neighborhood. And I want also to say I'm not opposed to a bed and breakfast and a café, but I want to see it done right. I want to see the house preserved. I want to see this go to the Historic Preservation Board. And another thing, when they do talk about preserving the historic preservation -- preserving the house, I'd like to see -- I mean, there's nobody from the historic community here supporting this, and it needs to go through the Historic Preservation Board. So I thank you. And I think we can win -- I think it also needs to be deferred for them to go through the right procedures. Thank you.
Chair Gort: Thank you, ma'am. Anyone else?
George Simpson: I don't know if the antis are finished yet, but I'm certainly pro. My name is Dr. George Simpson. My address is 3619 Percival Avenue, Coconut Grove. Built our house there back in 1953 and have continuously lived there. I am a member of the -- by marriage, of the Stirrup family, and the house in question was built by E.W.F. Stirrup, Sr. back in 1897. I think probably most of you may know the historic connotations of E.W.F. Stirrup, who was original pioneer building houses for the poor and the blacks in Coconut Grove, who laid out Charles Avenue. In fact, back in the 1890s, who built his house there, the longest continuously occupied residence house in Dade County. Mr. Stirrup was certainly a historical figure in the commercial area and in the housing area, having built houses for the people in that area, rental, and encouraging them to buy these houses and establish permanent buildings for their own families. So this certainly is a historic area and the family, as well as community, apparently is interested in having this historical building preserved. The only way it can be preserved is to have some commercial-type enterprise which will pay for itself. One of the things that discourages me about historical preservation is the long, long time it takes to get things done. We have had ten, fifteen, twenty years of waiting for things to be done, and this building, among others, certainly does not have the luxury or the time that that would take because it certainly needs repair at the present time and will need more in the future. The developers of this property have talked to me, and I've been to several meetings, more than one,
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in which all of the residents in the area have been invited and the homeowners association, particularly, has held two or three meetings that I've been to; the historical preservation people, in my knowledge, approving of this building to be changed in this way. So I would certainly urge this Commission to expedite, if they will, the passage of this zoning change so that this building can be preserved before it will fall into disrepair completely, like other buildings in the area have.
Chair Gort: Thank you, sir. Thank you.
Mr. Simpson: I think the time is of the essence. Thank you very much.
Chair Gort: Thank you. Anyone else?
Anthony Vinciguerra: Good afternoon. My name is Anthony Vinciguerra. I live at 3325 Charles Avenue. And like everyone else, I support the saving of Charles Avenue. It's such a historic street. I mean, the oldest street where people of African descent could own land and that house is such a historic house in the area. But the idea that the only way that this house would be preserved is by turning it into a restaurant or a hotel or a bed and breakfast, I think begs question. If any of you -- I'm sure Commissioner Sarnoff knows the Grove very well. If you go around the corner to the developer's other property of Taurus, right around the corner is also a bar of restaurant that this house could be turned into. And the idea of having something like that on Charles Avenue, on such a historic street, not just for the City of Miami, but all of the state of Florida -- I work at St. Thomas University. We always take students on historical tours of Miami. We always come to Charles Avenue. And so many of our students of African descent are so proud to see it is still a historic community, a residential communityand that the commercial encroachment of the Grove hasn't come down Charles Avenue. And so the idea of it turning commercial is something that me, as a resident of Charles Avenue, but also somebody that cares about the history of South Florida really would urge you to vote against it.
Chair Gort: Thank you. Anyone else?
Jihad Rasheed: Good evening, gentlemen. My name is Jihad Rasheed. I'm with the Coconut Grove Collaborative, 3628 Grand Avenue. And I'm here in support of the requested change. I've participated in the various community discussions about it with the Homeowners and Tenants Association. Our community need -- is imminently concerned about commercial zoning and the impact on the quality of life. In this particular instance, we feel we have the necessary protections in place with the proffer of the one-foot residential barrier that would prevent the type of progressive rezoning of the residential area. We have to vest ourselves in the progress of the community. We cannot be myopic and only concerned with those things or just with the Village West. Ultimately, the revitalization of the properties there, including the Playhouse, whoever is ultimately the developer, which we don't care; and we not invested in that. But as responsible stewards of our community, we have to see something good when it's presented to us. This property is already declared historic preservation. The only issue is -- it's two issues: If it's going to promote continuing encroachment and whether it's going to continue to be a historic entity. And the covenants that are offered to rebuild that gives us that protection and give us that investment for improving our community. It's going to enhance the properties along Charles Avenue. And historical as it is, the people of that area has affinity naturally with the Playhouse because the Stirrup family owned the Playhouse property so what a better entrée into this area. So again, I urge you to support it. Thank you.
Chair Gort: Thank you. Anyone else? Please. Whoever's going to speak, try to line up. We can use either mike.
William Armbrister: Good afternoon, Commissioners. My name is William Armbrister. I
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reside at 3260 Thomas Avenue. And I have a few petitions here I'd like to turn to the Clerk. I'm going to present the truth. I've been ceded with time from four of the people that are here in the audience and I certainly don't think I'll need that much time. And the truth of the matter is this. As far as the residents being informed as to what was going on, the only information that the residents were able to receive in regards to the developer's proposal was that which I brought forth to them. They have not been met with at any time, any of the residents on Charles Avenue or the circle area that you got, that 500 feet diameter. And they have petitioned -- signed petitions in opposition to this development because of not being desirous of having commercial development on that street, which is the oldest street in Coconut Grove. Now you're talking about land-use change, and I just happen to notice that there the Barnacle state historical site was built in 1901. Its primary zone is 0100 single family. The Merrick house in Coral Coral Gables built in 1906. That's civic -- it's zoned civic and convention center. Vizcaya built in 1916. That's government institution. And the United Church of Christ on Charles Avenue was built in 1916, so that's the oldest building on Charles Avenue. And the Bunyan house, where Ms. Bryant lives, was built in 1925. The Stirrup house and the house where Mrs. Mickens lives and on Charles Avenue were both built in 1930. These houses are currently occupied. They're in good condition. And the only reason the Stirrup house is in the condition it's in is because of neglect. That's all. It's not because they -- maybe they didn't have the money, so I can't say that they did have the money. Maybe they couldn't. But had it been occupied on a continuous basis, it may have been kept in good working condition. So to say we need a developer to come in and get the zoning changed so we can get the house fixed up is ridiculous. And since we brought it into question --
Chair Gort: Thank you, sir.
Mr. Armbrister: -- about the -- not being able to afford to get the house fixed up, they have -- the Stirrups have 34 houses in Coconut Grove and they have one piece of property in Hialeah and most of the houses in Coconut Grove are --
Chair Gort: I need for you to conclude, sir.
Mr. Armbrister: -- are not occupied.
Chair Gort: I need for you to conclude.
Mr. Armbrister: Say again, sir.
Chair Gort: I need for you to conclude, please. Your two minutes are --
Mr. Armbrister: Well, I have time ceded to me, which gives me ten minutes, if that's appropriate.
Chair Gort: I've not heard of anybody ceding.
Mr. Armbrister: I -- the documents have been turned in.
Chair Gort: You have two more minutes.
Mr. Armbrister: Okay. So we don't need to have a zoning change in order to get this house restored. They could do as the Moriah Brown house has been turned over to the Coconut Grove Cemetery Committee and let them restore it. We don't need a developer coming in and changing the land use in our community. And I'd like you to defer, if not deny this at this time until the developer can come and show us something, give us some indication of what the plans are for that property. And I thank you for your time and please.
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Chair Gort: Thank you, sir. Anyone else?
Mr. Armbrister: And if Mr. Sarnoff -- Commissioner Sarnoff, if you're still in the mode of operation as you were in Merry Christmas Park when those people came to you and you said whatever you want, that's what I will do because I listen to the voice of the people, we need that Mr. Marc Sarnoff here today. And I thank you.
Commissioner Sarnoff: Mr. Armbrister, I want to tell you that the City Attorney should have told you to take off your shirt as you are politicking in City Hall.
Mr. Armbrister: Well, I have not made any political statements.
Commissioner Sarnoff: You do not have words on your shirt?
Mr. Armbrister: Yes, I do.
Commissioner Sarnoff: Are you running for City Commissioner?
Mr. Armbrister: Now you're making a political statement.
Commissioner Sarnoff: No, no, no, sir.
Mr. Armbrister: Not me.
Commissioner Sarnoff: I'm reading what's read on your shirt.
Mr. Armbrister: Yes, sir.
Commissioner Sarnoff: It's not appropriate for you to come here and actually politic in City Hall.
Mr. Armbrister: I'm not politicking. You've done that for me.
Commissioner Sarnoff: No, no, sir.
Mr. Armbrister: I'll --
Commissioner Sarnoff: Your shirt itself has words on it.
Chair Gort: Okay. We --
Mr. Armbrister: I'll take care of it. I'll cover it up, if that would be all right with you. And I'm sorry if you're offended.
Commissioner Sarnoff: I'm not offended. It's actually a rule in City Hall, and I'm surprised that the City Attorney has not asked you to do that.
Mr. Armbrister: Well, maybe the City Attorney wasn't aware at the time.
Chair Gort: She didn't notice it.
Mr. Armbrister: But okay, now that you've made me aware, I can correct it. And thank you very much.
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Chair Gort: Thank you, sir. Next.
Pierre Sands: Good afternoon. Pierre Sands, 3020 Matilda Street, Homeowners and Tenants Association. We're going to have to dispel and assuage fear. We have to be informed about the issues that confront our community. One of the things is that we have to know when a proposal is good for the community. It has to have a vision for revitalizing the community. We know that at Charles Avenue there are several historic sites that need our immediate attention to repair, restore, and make them the jewels that they once were. I know that this is not a related issue at the time, but there's the Coconut Grove Playhouse that exists there. Something is going to have to be done there to revitalize it and make it not just a blighted spot, an eyesore in our community, but to make it something viable. The Stirrup house, this project, this proposal has offered the community safeguards that would prevent any commercial or intrusion or encroachment, a domino effect in there. As the talks have been going on with Tucker Gibbs and his group with the community, homeowners and tenants, we are assured and feel comfortable in supporting this, and that it will in fact restore the house. You know, whatever anyone else's concept of what -- anyone else owns in terms of money, we know that rebuilding a place like that is an extreme cost. We see it as a good thing. Secondly, I want to be fair to -- I'm going to wrap it up -- I want to be fair and really say that people in the community have been notified. We've had four meetings. And every four -- of those four meetings, we have had Mr. Armbrister present at those meetings. And if he represents the people he says he represents, those people would have attended. So we need to know that the community is really needing to have this kind of a thing done.
Chair Gort: Thank you, sir.
Mr. Sands: Thank you very much.
Commissioner Dunn: Mr. Chair.
Chair Gort: Thank you. Anyone else?
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes.
Commissioner Dunn: I just want -- I might have lost it. Did you state your name for the record?
Mr. Sands: Pierre Sands.
Chair Gort: Yeah.
Commissioner Dunn: You did, okay. And you are supporting the --?
Mr. Sands: We are supporting it based on the draft of the covenant that we've received and the assurances that this thing will not impact the neighborhood, will not create a (chink in the armor where we're going to have this commercial in residential Coconut Grove, and we're comfortable with that.
Chair Gort: Thank you, sir. Anyone else?
Mr. Sands: Thank you.
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Chair Gort: Anyone else? Mr. Gibbs, you got a few minutes, very few, to rebut.
Mr. Gibbs: Very few and it won't be -- it'll be less than a minute. The issue about access on Charles Avenue, we will not have vehicular access on Charles Avenue. Cars will not come onto that property from Charles Avenue, and we've committed to that to the community. The issue of seeing the plans before you all vote on the rezoning, I think your City Attorney will tell you that you can't do that. This is a rezoning and it's a land-use change, and those are two very important things. They deal with the use of the land, not what we're going to do with the house. The certificate of appropriateness area is when that comes up before the Historic Preservation Board. That is when you will see -- they will see plans. The Historic Preservation Board will vet those plans. The issue of Charles Avenue not having any commercial. Historically, Charles Avenue was Grand Avenue. What Grand Avenue was -- is today in terms of it being commercial road, that was what Charles Avenue was. It was called Evangela Street. The businesses, the churches, and the homes of the African-American community, the Bahamian/African-American community in Coconut Grove were there on that street. It included commercial use. I'm not saying it included downtown Coconut Grove. But to say that it's always been residential, no. It's been residential, commercial and religious. And finally, the issue of the historic overlay. I don't know if Mr. Garcia's going to be bringing it up, but you do need -- I believe you do need a comprehensive plan amendment no matter what because you're changing the use of the land, and the comprehensive plan that says only single family means only single family. And I will defer to Mr. Garcia on that.
Chair Gort: Thank you. We'll close the public hearings [sic].
Commissioner Sarnoff: Well, I'd like to hear your response.
Mr. Garcia: Yes, sir. That is certainly my opinion.
Commissioner Sarnoff: Okay. Mr. Chair.
Chair Gort: Yes.
Commissioner Sarnoff: All right. You know, interestingly enough, on Tuesday, April 26, which was just a couple days ago, I got to watch the University of Miami, the historic black church program oral history, an evening to celebrate the campus community oral history program in its partnership with the Coconut Grove Ministerial Alliance, Ransom Everglades school, and the University of Miami school, and it was on at 5 o'clock till 7:30. How many of y'all were there? I didn't see anybody there. And in that pictorial was Evangela Street, and they actually showed pictures of what Evangela Street was, and it was sort of the mecca and the actual trade of what they then called the West Grove. You know, say what you want, the West Grove needs a certain stimulation and maybe that's not for right now and maybe that's not for here. But that segment of a very concentrated Bahamian or African-American population, you know, simply needs some stipulation from businesses, enterprises; certainly needs economic development. And to sit here and say everything must stay the way it is means the death of that community. And I think anybody that wants to open up their heart and believe it and be honest and frank with themselves and not politics and not, you know, get into racial divides because -- I don't know that any segment of Miami can remain racially segregated. I just don't think it's a possibility or a feasibility today for it to work. I think what some people -- I went to the mayoral debate yesterday and heard Luther Campbell speak. He spoke well. But he's saying that you can't remain segregated in your thoughts and you can't remain segregated in your deeds. I thought he was right, and I thought he came across credible. And no longer can communities remain segregated in Miami and be successful. I think we're going to be a cross-germinization, cross-pollinization of cultures. I don't know; maybe in 200 years you won't be able to distinguish an Anglo from a Hispanic from a African American from a Bahamian as
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we all mix, intermarry, children. I just think that's the way -- I think Miami's probably 50 years ahead of the rest of the United States and that's probably what's going to happen to us as a society and I happen to think it's a good thing, although I could see people, you know, saying other ways and other things. And maybe I'm going beyond myself with too simple or a simple house. But a house really is a great metaphor 'cause a house divided must fail and it must fall, but a house united can stand against anyone. And really, what we're all here saying, except for Mr. Armbrister, who may have his own political agenda, is we're all in agreement but we're not sure how to get there.
Mr. Armbrister: I disagree.
Commissioner Sarnoff: Well, that's okay. Whether it's -- you know, let me give you the names -- Barbara Lange, Jim McMaster, whether it's -- Dr. Simpson is in agreement. But if we're all going to get there, I think it's a clear statement that this change has to come from a zoning change, and I think that's pretty clear and I think that's what the law will provide. And what's happening is you're mixing up the constitutional right of use of your home for a business, which you have every right to do, not under the City of Miami charter, not under the state of Florida charter, but under your Fifth Amendment of the United States right of use and that's where that originates from. A person has the right to use their home to occupy a sole business. So to say you can do something as a business, of course you can, so long as it's the right size, the right number of people. But to actually have a bed and breakfast requires you to have a certain commercial entrepreneurial act to do it. It can't be done at a historic level. It must be done at a zoning level. And if we were just to say to everybody out there we simply want a bed and breakfast, I would suggest that 85 percent of you would say okay. And then we would get into how do we get there. And I don't think you really appreciate or realize when something is historically designated, the hurdles you're going to have to go through to get through to HEP (Historic and Environmental Preservation) Board. And you know, that's one of my fears actually for the Playhouse because I think there were some good intentions early on to get the Playhouse to look and be a certain way and maybe when that finally does play out, whether it's this year or next year or in the next ten years -- I certainly hope it's in the next five minutes -- but when we get there, we're going to have a historic designation and that's going to play out in front of the HEP Board and, in some respects, that board may have more power than almost anyone in the City of Miami because taking an appeal from the HEP Board is one arduous tract. So I think the practice and the procedures are actually in place. I mean, if we make the zoning change right now and if they give us a covenant -- Are you prepared to give a covenant? What would your covenant be?
Mr. Gibbs: The covenant were those issues that we talked about. Actually, I presented a draft covenant to the Homeowners and Tenants Association several days ago and it brings everything that I said, in addition to the one thing that we wouldn't -- we would communicate and work with the community in terms of what we do on that property.
Commissioner Sarnoff: Let me just say something that I don't foresee. I don't foresee -- all due respect to Calamari. It's probably one of the most successful businesses in all the City -- in all the Coconut Grove. But I don't see the -- what is the bar over there called?
Unidentified Speaker: Taurus.
Commissioner Sarnoff: Taurus. Sorry. The Taurus. I should have known that. Obviously, I wasn't a Taurus-ite. But I don't see a Taurus going there. I see a place where you can maybe grab a drink with something to eat. I see a place where you can, you know, obviously stay, but I don't see Mr. Kalwani, a Taurus going over there, or the uses thereto.
Rick Kalwani: No. You're right.
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Commissioner Sarnoff: Okay. And equally, I do not see -- your name for the record, you're going to have to say Rick Kalwani, and give us an address.
Mr. Kalwani: Rick Kalwani, 3540 Main Highway.
Commissioner Sarnoff: Okay. And I equally do not see any ingress or egress from Charles Avenue.
Mr. Kalwani: Only pedestrian.
Commissioner Sarnoff: Correct. Okay. So with that said -- and I hope the rest of my Commissioners would chime in and give their point of view, but I hope that you would respect the district Commissioner in approving this because I think this is the right thing to do. I think this is a means to preserve a very historic building. You know, we have Stirrup house, we have Moriah Brown's house, and we stand Cooper's house. If you went to any three of those houses, they're in utter disrepair. And unless you allow a commercial component to occur to those buildings, they will be nothing more than burdens versus blessings that the community can really enjoy. So I move this item.
Commissioner Dunn: Mr. Chairman.
Chair Gort: It's been moved. Is there a second?
Commissioner Dunn: There is a second. I would like to --
Chair Gort: Moved by Commissioner Sarnoff, second by Commissioner Dunn. Discussion.
Commissioner Dunn: Yes. Mr. Gibbs, I just kind of -- just to give me a little comfort level here. You talked about -- could you kind of give, in principle, some of the covenant, not all of them, but that were of some concerns of the community that they were voicing and --?
Mr. Gibbs: Yes.
Commissioner Dunn: Yes, 'cause I want this to be stated for the record because many times a lot of things are articulated that are not being said or not being done and I just want it on record.
Mr. Gibbs: Absolutely. Now the one thing is I don't think this would be a covenant. This would be -- part of the approval was the one-foot strip. We had asked for the rezoning up to one feet. We'll put that in the covenant, but it's -- the rezoning is the act, so we would only ask to be re -- the property to change to land use and rezoned up to a foot from the property line and so that that would remain R1 -- I mean, excuse me, T3.
Victoria Mendez (Assistant City Attorney): You mean you're asking for a one-foot buffer --
Mr. Gibbs: Yes.
Chair Gort: Yes.
Ms. Mendez: -- type on the land -- on the actual land use?
Mr. Gibbs: On the actual land use and zoning.
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Ms. Mendez: And the zoning.
Mr. Gibbs: On the west portion of the property that adjoins the T3. That's part of -- that would be part of your approval.
Commissioner Dunn: Okay.
Mr. Gibbs: We also said that no owner -- I'm reading officially.
Commissioner Dunn: Yeah. Right, right.
Mr. Gibbs: -- or lessor or entity with any interest in these properties shall purchase, lease or obtain any interest in the adjacent property to the west, which is the T3 property, unless it's used only for T3 single family uses. In other words, my people are not going to try to buy the property next door and rezone it and they're prohibited under this. In addition, the strip of land: No vehicular access from Charles Avenue. Landscaping presented to the community and any use presented to the community, we would have -- the goal is heavy landscaping beyond what's required in the code adjacent to the T3 properties. And our enforcement mechanism, we -- to -- any violation of this is the standard that the person can go into court and the loser pays the legal fees. We also have a $1 million liquidated damages if we violate that covenant. And on top of it, this is a covenant running with the land. It is not a settlement agreement. If every person here who's a member of homeowners and tenants or who is not a member of homeowners and tenants, if they decide they're still opposed to this project, we will still record that covenant. That's how serious we are about this. And it can be enforced by the homeowners and tenants. And if we want to change that covenant, 100 percent of all the property owners within 500 feet of this property have to approve it. I don't know how more ironclad you can get.
Commissioner Dunn: Yes, yes.
Mr. Gibbs: That's what we're willing to do.
Commissioner Dunn: Satisfies me.
Chair Gort: Any further --?
Commissioner Dunn: Yeah.
Mr. Gibbs: Thank you.
Commissioner Dunn: Yeah. I just wanted to say I -- I don't know -- you know, I know that unfortunately on issues, people are not going to be happy. We had a discussion about that today. Sometimes people are not going to be happy, but I believe the good faith that they're demonstrating is, you know -- we see this all the time. And I tend to agree with my colleague. I don't think there's not too many more people that over the years, besides a Dr. Simpson or Stirrup or some of you in the Grove and your family members. I'm not going to discount that. But I very much care about the quality of life for the people in Miami, especially in the African-American community. I can't get away from that. I never will try to get away from that. But I do agree with my colleague, that change in many regards is eminent. You can't expect for us to be progressive in a very fluid and progressive society without some level of change. As long as the change does not trample upon the rights of people, I've supported it. I've come under fire a number of times as it related to some projects in District 5, recently with the park and the affordable housing -- versus affordable housing, and this is something that I support. I mean, it may not win a popularity contest, but it certainly -- I believe when the developers are willing to at least demonstrate some good faith, I think it's a win-win situation at
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the end of the day.
Chair Gort: Thank you, sir. My understanding is when I was back in zoning a long time -- public hearings [sic] closed. Sorry, sir. -- at one time -- one of the ways that we stopped the domino effect is by creating that buffer, so that's part of the first reading. My understanding -- and I want you all to understand, this is the first reading. There's going to be a second reading. So there's plenty opportunity to you all meet with the people that are here. Show them what your intentions are, show them the guidelines that you have, and the criterias [sic] you putting here to make sure you don't have a domino effect. Thank you. It's an ordinance. Yes, sir.
Mr. Garcia: I'm sorry, sir. Just to clarify the record on one --
Chair Gort: Speak a little louder.
Mr. Garcia: -- particular detail. Just to clarify the record on one particular detail. The one-foot strip that has been discussed will not have the intended effect. I will explain why. The properties to the south of these and the adjacent properties are already zoned T4 L. Therefore, they could use that to expand the district northward. So placing that one-foot buffer will not have the intended effect. I understand the intent, and our recommendation continues to be for approval regardless of this fact. But the one-foot buffer will not have the intended effect.
Mr. Gibbs: Mr. Chairman, I can --
Chair Gort: Well, that could be part of the covenant where they would --
Mr. Gibbs: And Mr. Chairman, I have the authority from my client to say that my client owns that property. He will covenant on his property that he will not seek the ownership of any of that property so it will have the intended effect, but I -- we'll prepare -- we'll include that in a covenant as well.
Chair Gort: So that's part of the -- that'll be incorporated for the second reading. But at the same time, it's important between this reading and next reading, sit down with the community and talk to them. Thank you. It's an ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Priscilla A. Thompson (City Clerk): This is your roll call on your first reading ordinance, which represents PZ.4. Our records show that PZ.4 and PZ.5, the public hearings was held together, but each item will be voted on separately. So this is your vote on your PZ.4 first reading ordinance.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5-0.
PZ.5 ORDINANCE First Reading 11-00113zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB-URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO "T4-L" GENERAL URBAN
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TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" OVERLAY, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3242 CHARLES AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00113zc CC SR 05-26-11 Fact Sheet.pdf 11-00113zc Analysis.pdf 11-00113zc Miami21 Maps.pdf 11-00113zc Aerial Map.pdf 11-00113zc PZAB Reso.pdf 11-00113zc Application & Supporting Documents.pdf 11-00113zc Covenant.pdf 11-00113zc CC Legislation (Version 3).pdf 11-00113lu & 11-00113zc Exhibit A.pdf
LOCATION: Approximately 3242 Charles Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of 3242 Charles LLC and Stirrup Properties
FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-00113lu and related File IDs 11-00113lu1 & 11-00113zc1.
PURPOSE: The proposed zoning change will allow a broader range of uses for the historically-designated Stirrup House, which encourages the preservation of the historic structure.
Motion by Commissioner Sarnoff, 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
Commissioner Sarnoff: Move PZ.5.
Chair Gort: There's been a motion for PZ.5. Is there a second?
Commissioner Dunn: Second.
Chair Gort: Motion by Commissioner Sarnoff, second by Commissioner Dunn. Any discussion? Read it. Ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Priscilla A. Thompson (City Clerk): Your roll call on PZ.5, first reading.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5-0.
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Chair Gort: Thank you.
Victoria Mendez (Assistant City Attorney): Mr. Gibbs.
Tucker Gibbs: Thank you.
Ms. Mendez: Mr. Gibbs, just to be clear, the covenant that you'll be providing you'll be providing on this item and you'll be submitting it to Planning, Zoning, Law Department --
Mr. Gibbs: We will submit it to --
Ms. Mendez: -- all before second reading.
Mr. Gibbs: We will be happy to submit it to any entity you all wish.
Ms. Mendez: Okay. Thank you.
PZ.6 ORDINANCE First Reading 11-00113lu1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227-47 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00113lu1 CC FR 04-28-11 Fact Sheet.pdf 11-00113lu1 CC Analysis.pdf 11-00113lu1 Land Use Maps.pdf 11-0013lu1 Aerial Map.pdf 11-00113lu1 Miami-Dade County Public School Concurrency.pdf 11-00113lu1 CC Application & Supporting Documents.pdf 11-00113lu1 CC Legislation (Version 2).pdf 11-00113lu1 & 11-00113zc1 Exhibit A.pdf 11-00113lu-Submittal-Williams A. Armbrister-Petitions in Opposition to any Land Use or Zoning Changes.pdf
LOCATION: Approximately 3227-47 Charles Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Heagrand, Inc.
FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-00113zc1 and related File IDs 11-00113lu & 11-00113zc.
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PURPOSE: This will change the above properties to "Major Institutional, Public Facilities, Transportation and Utilities".
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
Chair Gort: PZ.6.
Commissioner Sarnoff: Mr. Chair, I'd like to ask PZ.6 and PZ.7 be withdrawn until my office brings it back up.
Vice Chair Carollo: Second.
Chair Gort: Okay. It's been moved by Commissioner Sarnoff, second by Vice Chairman Carollo. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: 7.
Commissioner Sarnoff: Same -- I'm sorry. Same with seven.
Vice Chair Carollo: 6 and 7.
Chair Gort: 6 and 7, okay.
Vice Chair Carollo: I thought we did 6 and 7 together, but --
Commissioner Sarnoff: I thought we did.
Vice Chair Carollo: Yeah.
Chair Gort: No.
Vice Chair Carollo: No?
Commissioner Sarnoff: No. 7, I'd like to make the same motion --
Commissioner Suarez: Second.
Vice Chair Carollo: Second.
Commissioner Sarnoff: -- that it be withdrawn, brought up by --
Priscilla A. Thompson (City Clerk): I'm sorry. Yes, you did those together.
Vice Chair Carollo: Yeah.
Ms. Thompson: Yeah, the motion was for --
Vice Chair Carollo: 6 and 7.
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Ms. Thompson: -- both 6 and 7.
Vice Chair Carollo: Right.
Ms. Thompson: Yes. I'm sorry. Yes.
Vice Chair Carollo: That's right.
Chair Gort: Okey-doke. All in favor, state it by saying "aye."
Commissioner Sarnoff: No need.
Vice Chair Carollo: We already did it.
Commissioner Sarnoff: We're okay.
Vice Chair Carollo: Yeah, we're good.
Commissioner Sarnoff: Good to go.
PZ.7 ORDINANCE First Reading 11-00113zc1 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB-URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY TO "CI" CIVIC INSTITUTION TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" OVERLAY, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3227-47 CHARLES AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00113zc1 CC FR 04-28-11 Fact Sheet.pdf 11-00113zc1 Analysis.pdf 11-00113zc1 Miami21 Maps.pdf 11-00113zc1 Aerial Map.pdf 11-00113zc1 CC Application & Supporting Documents.pdf 11-00113zc1 Survey.pdf 11-00113zc1 CC Legislation (Version 2).pdf 11-00113lu1 & 11-00113zc1 Exhibit A.pdf
LOCATION: Approximately 3227-47 Charles Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Heagrand, Inc.
FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on April 20, 2011. See companion File ID 11-00113lu1 and related File IDs 11-00113lu & 11-00113zc.
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PURPOSE: The proposed zoning change will allow greater Densities and Intensities on the site, which abuts the Coconut Grove Playhouse on the north and east.
Motion by Commissioner Sarnoff, seconded by Vice Chairman Carollo, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
PZ.8 ORDINANCE First Reading 11-00116zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T4-O" GENERAL URBAN TRANSECT ZONE TO "T5-O" URBAN CENTER TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2710, 2720, 2728 SOUTHWEST 23RD STREET AND 2719, 2729 SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00116zc CC FR 04-28-11 Fact Sheet.pdf 11-00116zc CC Analysis.pdf 11-00116zc Miami 21 Maps.pdf 11-00116zc Aerial Map.pdf 11-00116zc PZAB Reso.pdf 11-00116zc Application & Supporting Docs.pdf 11-00116zc CC Legislation (Version 2).pdf 11-00116zc Exhibit A.pdf
LOCATION: Approximately 2710, 2720, 2728 SW 23rd Street and 2719, 2729 SW 23rd Terrace [Commissioner Francis Suarez - District 4]
APPLICANT(S): Gilberto Pastoriza, Esquire, on behalf of South Florida Educational Federal Credit Union
FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on March 16, 2011 by a vote of 7-1.
PURPOSE: The proposed zoning change will allow a broader range of uses and greater density and intensity. The applicant will proffer a covenant for these properties.
Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, 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 Administration for the Planning Director to address within 30 days, a glitch with Miami 21 that affects the proposed project outlined in PZ.8.
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Note for the record: Item PZ.8 was deferred to the Commission Meeting scheduled for July 28, 2011.
Commissioner Suarez: Mr. Chairman, if I may?
Chair Gort: Yes.
Commissioner Suarez: On PZ.8, I'd like to have a little bit of discussion, if possible, and maybe even have the applicant's attorney have some discussion, but I want some statements that are put on the record by our Planning and Zoning director. What I would be requesting is a 90-day deferral or -- what is the equivalent of a 90-day deferral, three -- you know, one, two, third Planning Zoning agenda meeting from today with a directive from this Commission, if possible. What is happening in this particular item -- this is a good project. This is a project that would be good for the district. It is creating an issue because our -- it is currently a T4 zone and T4 does not have the allowable use that this project needs, and it's kind of a glitch in Miami 21 that needs to be fixed. And I just want, for the comfort of the applicant, some statements on the record that specify that, you know, we are going to fix this glitch without changing the T4, you know, restriction, which the community has fought so hard for over the years. So I just wanted some sort of a time line, something that definitive that the applicant can walk away with so that they understand that this is going to be a glitch that's going to be fixed hopefully within that 90-day deferral window.
Francisco Garcia: Yes, sir. For the record, Francisco Garcia, Planning director. A couple of statements to make to that effect, Commissioner. The first one is this, if the continuance or deferral were to take place for a period of three months, that would place the first reading of the ordinance in the month of July and the second reading would have to skip August, which is an off month, and then come back in September. That's if the zoning change were to go forward, just to put that on the record. As pertains to the Planning Department's intent to modify T4 to allow in appropriate circumstances -- and what we are thinking presently is along major arterials drive-through uses along the lines of what the applicant is proposing. We certainly intend to do that. We've had discussions with the applicant and he's aware that we intend to do that. The one other aspect of T4 O that seems not well suited for a proposal such as the applicant's is the maximum size of establishments. We believe that those too should be modified again in the appropriate circumstances. The reason that we are somewhat reluctant to make the change quickly, and we want to give it some considered thought, is we don't think that T4 O -- we think that T4 O is applied in some major corridors, but also in some areas that are not major corridors, and we would not want to make a wholesale change to T4 O. However, to your statement, yes, we're willing to consider those changes. Yes, we agree that they make sense, and we are ready to come before you with a draft, possibly in a month. If you can give me two, I'd prefer it.
Commissioner Suarez: Okay. Yeah, I think a month will be fine. I just want a definitive statement on the record because I think there's two issues here. One is, I don't think the community wants the zoning designation changed when they essentially fought very hard to get it downzoned from T5 to T4 successfully, so I think that is something that cannot be changed. Having said that, I think what is being proposed by the applicant is a very, very good project that doesn't impact and doesn't come anywhere near the height limitations that are even under the T4 zone, and we want to do everything that we can to foster development not only in our district and responsible development in our district and in the City of Miami. So I think the only thing I'm asking is for a definitive statement that we will have a time line on this affixed to this glitch and that it's going to come, you know, within a month, hopefully, and then we'll proceed legislatively along, you know, the correct -- I think as long as the applicant sees that we're acting in good faith and that we are moving this thing along, you know, whether it ends
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up being 90 days or maybe -- you know, we'll shoot for the 90 days. We'll try to get it done within 90 days. That -- you know, that will be my goal because we don't want to delay a good project. We don't have the luxury in the City of Miami, particularly with our, you know, upcoming, you know, financial issues, to be delaying good projects in the City of Miami and we can't do it because of our zoning code, so --
Mr. Garcia: We've had, Commissioner, the chance to review the project. The applicant and the architect have certainly shown that to us. We are in agreement that it is a good proposal for that particular parcel and you have our commitment that within the next month, we will come back to you with a draft to begin consideration of these amendments.
Commissioner Suarez: And just one final point just to kind of put it in laymen's terms because it seems like there's maybe some people here in the audience that are here in relation to this issue. What that basically means is the T4 that has been fought for by the community is going to remain a T4. It is not going to be changed to a T5 or anything else, so that will remain in place. What's going to be changed is -- within the T4 designation, there's going to be some sort of a tweak that allows this project to go forward because it's not a height issue. It's a use issue with this project. So I hope that's satisfactory to --
Gilberto Pastoriza: Mr. Chairman, Gil Pastoriza, at 2525 Ponce. Appreciate your concern, and we'll be more than happy to sit down with your staff and even help them out in drafting the proposed ordinance.
Commissioner Suarez: Perfect.
Chair Gort: Okay. Thank you. So this will be deferred for 90 days.
Commissioner Suarez: That's correct.
Chair Gort: Okay.
Priscilla A. Thompson (City Clerk): That's July --
Commissioner Suarez: I make that motion.
Ms. Thompson: -- that's --
Vice Chair Carollo: Second.
Ms. Thompson: -- that'll be -- if we might, 'cause we can do all of this at one time if we can get our dates. That'll be July 28 meeting. That's your 90 days.
Commissioner Suarez: That's fine. Can -- is there a separate --? I would -- 'cause -- is -- could there be a separate directive to the Planning Department? Is that a separate motion or is that something that could be done?
Ms. Thompson: If I might, just for your record-keeping purposes, where you are right now is what we call the Order of the Day. We really should be separating out the discussion you're having on this particular item so we can keep all of your discussion information together with your directive and then your motion. So if -- what we can do is --
Commissioner Suarez: I got it.
Ms. Thompson: -- incorporate everything you've said on the record in that separate section and
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we can take a separate vote, but just call it as a separate PZ and not part of what you're doing here.
Chair Gort: Right.
Commissioner Suarez: Okay. So I think what you're saying is that this is incorporated into a motion to defer, and I will make the motion to defer this particular -- does this have to be separate from the other deferrals?
Mr. Pastoriza: Yes.
Ms. Thompson: I would --
Chair Gort: Yes.
Mr. Pastoriza: Yes.
Commissioner Suarez: Okay.
Ms. Thompson: -- it would be --
Commissioner Suarez: Why don't we do that in the other ones first and then we'll do one.
Ms. Thompson: Yes.
Chair Gort: Defer it until Planning brings it back. Defer until Planning brings it back.
Commissioner Suarez: No, no, no, no, no.
Mr. Pastoriza: No. The motion.
Ms. Thompson: All we have to do, Chair -- I'm sorry, and I hope I'm not confusing it. You have a number of items you want to withdraw, defer and whatever.
Commissioner Suarez: Right.
Ms. Thompson: Here -- that -- you normally do that in one action.
Chair Gort: Right.
Ms. Thompson: When you have something like this that you're doing some discussion on and you're giving directives and all of that, it's best to handle that separately so you have all of your records together for that.
Chair Gort: That's what we're doing right now. He's making a motion to defer this item until when?
Commissioner Suarez: Until the June -- Madam Clerk, the June --
Ms. Thompson: I'm sorry. July 28.
Commissioner Suarez: -- July 28 agenda. And then I guess I'll make a separate motion as a directive or --?
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Ms. Thompson: No, no. The directive can stay. That's not a problem. That's fine.
Chair Gort: That's it.
Commissioner Suarez: So --
Chair Gort: There's a motion by Commissioner Suarez, second by Vice Chairman Carollo.
Mr. Pastoriza: Excuse me.
Chair Gort: Yes.
Mr. Pastoriza: You were going to add that they bring back an ordinance --
Commissioner Suarez: Right.
Mr. Pastoriza: -- on July 28.
Commissioner Suarez: And that's my point. My point is does it have to be -- is a directive something that has to be voted on separately or is it something that --? I'd like to have consensus of the Commission.
Chair Gort: You give him the direction. When would you like to have that back in here?
Commissioner Suarez: Okay, so within 30 days we're going to see some sort of a fix to this glitch? You're going to --
Mr. Garcia: Yes, sir, with the caveat that the PZAB (Planning, Zoning and Appeals Board) would have to see it first, but we'll arrange it so that you see it within that period of time.
Commissioner Suarez: Of course. Okay.
Chair Gort: Okay. Any further discussion. Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Mr. Pastoriza: Thank you.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Thank you.
PZ.9 ORDINANCE First Reading 10-01242zt 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.
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10-01242zt CC FR 05-26-11 Fact Sheet.pdf 10-01242zt PZAB Reso.pdf 10-01242zt City of Miami Chapter 17.pdf 10-01242zt County Code Chapter 24.pdf 10-01242zt American National Standards Institute (ANSI).pdf 10-01242zt Educational Materials.pdf 10-01242zt CC Legislation (Version 6).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: Recommended approval to City Commission on January 19, 2011 by a vote of 9-0.
PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation".
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
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: I then would like to make a motion for all the other items that we said we wanted to defer, withdraw, and so forth, so we'll take it up. So I make a motion for all those --
Chair Gort: Moved by Vice Chairman --
Ms. Thompson: I just need dates.
Chair Gort: -- Carollo.
Ms. Thompson: That's all. I need --
Francisco Garcia (Director, Planning): If I may, sir?
Ms. Thompson: -- dates for the ones you didn't assign yet.
Chair Gort: We'll be getting the dates now.
Ms. Thompson: Okay.
Mr. Garcia: If I may, sir.
Chair Gort: Second -- motion by Vice Chair Carollo, second by --
Commissioner Suarez: Second.
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Chair Gort: -- Suarez. And discussion.
Mr. Garcia: If I may, sir. Some of these items may have to be taken separately because they're going to be different provisions in terms of how long they are extended for different items, so if I can ask for --
Chair Gort: So you have to do them one by one. You can't make the dates and --
Vice Chair Carollo: I'm withdrawing my motion.
Chair Gort: Okay. Go ahead.
Vice Chair Carollo: Let's just do them item by item.
Mr. Garcia: Thank you. It'll be quick. I'm happy to help along.
Ms. Thompson: Okay. If I might, just want to make sure. PZ.13, you've given me a date of June 23 before. Is this going to be pulled out separately? Are we just going to --? So -- or -- I guess I'm asking of all the ones we've discussed, have we only dealt with PZ.8 at this time? Thank you.
Chair Gort: PZ.9.
Mr. Garcia: As pertains to PZ.9, we, the Administration, would like to request a continuance for an additional month to a date certain of the meeting -- the P&Z (Planning & Zoning) meeting in the month of May, between --
Vice Chair Carollo: So moved.
Mr. Garcia: -- the second meeting.
Commissioner Suarez: Second.
Chair Gort: It's been moved and second. Is there any discussion? Being none, all in favor, please say "aye."
The Commission (Collectively): Aye.
PZ.10 ORDINANCE First Reading 11-00151zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 7, SECTION 7.2.3, ENTITLED "ALTERATIONS AND EXPANSION OF NONCONFORMING STRUCTURES", BY MODIFYING CRITERIA FOR ALTERATION OF CERTAIN NONCONFORMING STRUCTURES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00151zt CC SR 05-26-11 Fact Sheet.pdf 11-00151zt PZAB Reso.pdf 11-00151zt CC Legislation (Version 2).pdf
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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: Recommended approval to City Commission on March 16, 2011 by a vote of 5-3.
PURPOSE: This will modify the maximum expansion of nonconforming structures by removing horizontal and vertical maximum limitations and will allow expansion up to fifty percent (50%) of the existing square footage.
Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, 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: Thank you. PZ.6.
Priscilla A. Thompson (City Clerk): PZ.6 and 7 were withdrawn.
Chair Gort: That's right.
Francisco Garcia (Director, Planning): I believe PZ.10 is the next item, sir.
Chair Gort: PZ.7 also. Yes.
Barnaby Min (Zoning Administrator): I believe PZ.10 is next.
Chair Gort: Let's wait until we clear the room. Go ahead.
Mr. Min: PZ.10 -- Barnaby Min, with the Office of Zoning -- is an amendment to Miami 21 to amend the procedures for expansion of nonconforming structures. Currently, structures can only be extended by up to 50 percent of both the vertical and horizontal size of the current nonconformity, which has proven to be a hardship for developers and property owners to overcome. So we're proposing that simply 50 percent of the structure can be expanded upon approval and exception by the Planning, Zoning and Appeals Board.
Chair Gort: Okay. It's a first reading. It's a public hearing. Anyone would like to address on PZ.10? You're welcome.
Judith Sandoval: Judy Sandoval, 2536 Southwest 25 Terrace. I just wanted a clearer, more detailed explanation of what the effect of this will be.
Mr. Min: As stated, as currently drafted, Miami 21 has prerequisites for a property owner to ask for an extension of nonconforming structure, which is currently becoming a very difficult hardship for any property owner to actually comply with. In fact, I don't believe there's been a single property owner that's been able to comply with portion of Miami 21 to expand their nonconforming structure. So all this is meant to do is give an opportunity to property owners to ask the PZAB, the Planning, Zoning and Appeals Board, for an exception, which is approval to expand a nonconforming portion of a structure. And again, it's not an automatic. It's nothing
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by right or permitted. It is simply an opportunity to ask the Planning, Zoning and Appeals Board.
Chair Gort: Thank you. And anyone else? Okay, we close the public hearings [sic]. Comments among board members. Being none, it's an ordinance. Read it.
Victoria Mendez (Assistant City Attorney): An ordinance of the Miami --
Priscilla A. Thompson (City Clerk): I'm sorry, Chair, and I hate to do this, but we don't have a mover or a seconder.
Commissioner Dunn: Move it.
Chair Gort: Been moved by Commissioner Dunn --
Vice Chair Carollo: Second.
Chair Gort: -- second by Vice Chairman Carollo.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Chair Gort: Thank you.
Ms. Thompson: Your roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5-0.
Chair Gort: Thank you.
PZ.11 ORDINANCE First Reading 11-00195zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, SECTION 3.13, ENTITLED "SUSTAINABILITY", MODIFYING THE PROCESS FOR BOND REQUIREMENTS AND DOCUMENTATION NEEDED FOR GREEN CERTIFICATION AND PROVIDING A PRO-RATED FORMULA FOR NONCOMPLIANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 11-00195zt CC SR 05-26-11 Fact Sheet.pdf 11-00195zt PZAB Reso.pdf 11-00195zt CC Legislation (Version 3).pdf
LOCATION: Citywide
APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami
FINDING(S):
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PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommended approval with modifications* to City Commission on March 16, 2011 by a vote of 8-0. *See PZAB Resolution.
PURPOSE: This will modify the process for bond requirements for green building certification and introduce a pro-rated formula for non-compliance with the green certification as required by the Zoning Code.
Motion by Commissioner Suarez, seconded by Commissioner Sarnoff, 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.11.
Francisco Garcia (Director, Planning): PZ.11 is before you as the first reading of an ordinance amending the Miami 21 zoning ordinance, and this is a revision of the present rules allowing for those developers who are building edifices, buildings larger than 50,000 square feet and would need to comply with LEED (Leadership in Energy and Environmental Design) silver certification, they can post a bond until certification is proven. What this allows to have happen is that this bond can be prorated to take account of the credits that have already been achieved and only post a bond for the remainder of the credits that have not been achieved yet. There are two opportunities for them to do that. Firstly, they will be able to do so when they apply for building -- not when they apply for building permits, but when they actually apply for certificate of occupancy -- temporary certificate of occupancy, and subsequently, at the time of certificate of occupancy they can once again prorate the bond amount if they should fail to comply with the requirements fully. Commissioner Suarez.
Commissioner Suarez: Mr. Chairman, if I may.
Chair Gort: Yes, sir.
Commissioner Suarez: No. Are you finished describing it?
Mr. Garcia: Yes. I was just -- read description. I yield to you, sir.
Commissioner Suarez: Thank you. Mr. Chairman, I sponsored this resolution because although I think Miami 21 has a very, very good objective of promoting green building, clearly that's something that we want in this community; we want environmentally conscious building that has to be balanced by, you know, the impact that our economy has had right now on its development. And what this was causing -- this issue in Miami 21 was causing developers to have to bring to the table at the building permit stage an additional 2 to 4 percent, depending on the size of the project, in cash because there is no such thing as a green bond, as far as I know, and so it was just making it more expensive and more difficult for development to occur. I actually had someone come into my office who was proposing a project in my district and was requesting that this be looked at. Again, I had actually looked at it several months ago when we first started thinking about different changes to Miami 21. And what this does is it still promotes green building and building it a LEED silver or better. It just changes the date by which the person has to come up with the money, and it also creates a situation where if somebody comes up 80 percent of the way or 90 percent of the way or 70 percent of the way, they only have to pay 70 percent of the bond or 80 percent of the bond. So again, we're giving them credit for making an attempt to build in a LEED fashion, even though they haven't
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actually gotten there. Because you could lose -- you know, LEED silver by two points or whatever and that's a process. And it also delays it until the certificate of occupancy process versus the building permit stage. So in theory, or in practice, hopefully, if someone builds a building LEED silver or better, they never have to post a bond as long as they're able to certify it by certificate of occupancy stage. So I would urge my colleagues to support this resolution. That's it.
Chair Gort: Thank you. It's a public hearing.
Commissioner Suarez: I move it.
Chair Gort: Anyone who like to address the issues of PZ.11. Anyone would like to address PZ.11? Being none, we'll close the public hearings [sic]. Any comments among board members?
Commissioner Suarez: Move it.
Chair Gort: Comments?
Commissioner Suarez: Move it.
Chair Gort: Moved by --
Commissioner Sarnoff: Second.
Chair Gort: -- Commissioner Suarez, second by Commissioner Sarnoff. It's an ordinance.
The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez.
Priscilla A. Thompson (City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Thompson: The ordinance has been passed on first reading, 5-0.
Chair Gort: Okay.
PZ.12 RESOLUTION 06-00840x1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY 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, 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.
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06-00840x1 CC 04-28-11 Fact Sheet.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 Analysis.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Zoning 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
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-11-0171
Chair Gort: PZ.12
Francisco Garcia (Director, Planning): PZ.12 is an item pertaining to a property located at 1800 and 1806 Southwest 2nd Court for a business known as Aguamarina Daycare. This is an appeal of a denial of a special exception which took place approximately one year ago. As pertains to the appeal, our recommendation is for denial, meaning denial of the appeal, and therefore leaving the original decision by the board in place. I would like to take a moment to commend the appellants for the efforts they have made to mitigate the negative impact that the -- expansion of the use from 30 children to 60 children would have in the area. In the end however, given its location and given the limited numbers of ingress and egresses that they can obtain to the property, we have not been able to devise a method which will render the property devoid of a negative impact. With that, I will yield to the appellant, and I will answer any questions you may have.
Ines Marrero: Good evening, Mr. Chairman, members of the Commission. My name is Ines Marrero. I'm attorney with offices at 701 Brickell Avenue. As you know, I'm the attorney for the appellant. And just to briefly reiterate, we had deferred this item to have another opportunity to meet with the neighbors and representatives from the Planning Department. And I, too, want to thank our neighbors for taking the time to meet with us yet one more time and coming to the daycare to meet with the -- my client. And also to your Planning director, who personally has taken this matter to try to find a solution, and he also was present with the meeting, and he's gone above and beyond what any previous Planning director -- and I say that respectfully to previous Planning directors -- has done in connections with applications and I'm very appreciative of that. With that said, I will continue to state that our client request is under the previous zoning code. This use is a permissible code that is permitted unless we cannot meet the impacts, and it is -- we have proffered conditions that we believe would mitigate the impacts of the daycare on the surrounding neighborhood. This property is across the street from a shopping center that is commercial. There's already existing traffic. That said, there was nothing that we could offer to the neighbors that would allow them to agree with what we're proposing. We proposed landscaping and we were told that the tree would fall -- trees would fall on their property. We proposed a solid wall and they said they wouldn't want a solid wall. There is -- we continued to be amenable to presenting whatever conditions are reasonable and within our reach to satisfy the concerns of the neighbors, but quite frankly, their position -- they're here, and I don't know if they'll reopen the hearing for them to address the Commission
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-- is that there's nothing we can do. And their criteria for this application to be denied is simply neighborhood complaints. We just don't want that use next to us. With that, we're here. Again, the people from the daycare are here. I would request that they just raise their hands, you know. Everybody's been here plenty of times. It's not a referendum. It's really a vote on the merits of the application. I believe there's merit. These are residents from the area. We have provided information substantiating -- one of our conditions concern the staff of the daycare, parking in a City of Miami parking lot. We have provided e-mails (electronic) to the Planning director confirming with the Miami Parking Authority that the parking spaces are available. We can park there so that that condition is substantiated. With that, it's really the pleasure of the Commission. I don't need to belabor this application, but they're here in support and I know the neighbors are also here. Thank you.
Chair Gort: Okay. Thank you. It's a public hearing. Anybody would like to come forward? Discussion.
Grace Solares: Good afternoon, Commissioners. Thank you, Chairman, for putting this matter. Before addressing this issue, can I thank Commissioner Suarez for the issue of the affordable housing? I was not here for that, but he met with us -- with MNU (Miami Neighborhoods United) and with a bunch of representatives from homeowners association, and he did a wonderful job, and we want to commend you for it, Commissioner Suarez.
Chair Gort: I'm sure he welcomes that. Thank you.
Priscilla A. Thompson (City Clerk): Excuse me, Chair.
Ms. Solares: Thank you.
Chair Gort: We all do.
Ms. Thompson: Excuse me, Chair. I think we have some more individuals who have come in and need to be sworn in before they give their testimony on this item.
Chair Gort: Okay.
Ms. Thompson: If -- okay. All right.
Chair Gort: You better (UNINTELLIGIBLE).
Ms. Thompson: All right.
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: Is anyone else who would like to speak has not been sworn in, they have to be sworn in at this time. Well, stand up. Wait. We have some new people. Right hand. Madam Clerk.
The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues.
Ms. Thompson: Thank you.
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Chair Gort: Yes, ma'am.
Ms. Solares: Grace Solares, Miami Roads Neighborhood Civic Association. We're here again in opposition to the daycare. This is a business intruding into the neighborhood. We were here four years ago when they first applied for it, but Commissioner Sanchez actually voted for it and carried it out. We're here again today in order to prevent a further intrusion into the neighborhood. I know and I remember that at the last time that we were here, Commissioner Carollo was concerned about the fact that the attorney for the daycare said that they were on a month-to-month basis, and Commissioner Carollo was concerned about maybe having these children being put out on the streets on a month-to-month basis. Well, one of -- we went -- one of the neighbors in the area went and spoke to the owner of the restaurant in the same neighbor -- mall. It so happens that he has a three-year lease. So if he has a three-year lease, it'd be very doubtful that they're going to put anybody else on the street. I have absolutely no idea why they have not been able to procure a lease for three years when the main tenant has it for three years. Means it's not going to be any building there at least for three years. We find that this again is an intrusion. We support the immediate neighbors of the area that are vehemently opposed to this issue. We're not opposed to daycares and education for children. We are opposed as to the location of this daycare, which is a further intrusion into the neighborhood. Thank you, Commissioners. Thank you.
Chair Gort: Thank you. Anyone else?
Gianni Corradi: Good afternoon. My name is Gianni Corradi. I live in 1811 Southwest 2nd Court. Sorry.
Priscilla A. Thompson (City Clerk): Can you restate your name, please.
Mr. Corradi: Yeah. My name is Gianni Corradi, and I live in 1811 2nd Court, across the daycare. I would like to add, Mrs. Solares, about the -- the daycare is across the street at the mall. It's not a daycare. It's a gym. The kids cross one side to the other one and that is not a daycare. It's a gym for the kids. That mean they are not going to be without the school because it's a gym. It's not a daycare. I don't know why they have a -- kids in that place because it's -- that place not allow for the daycare. It's not permit for daycare. Okay. That's it.
Chair Gort: Thank you. Anyone else?
Miriam Chiroldes: Yes. My name is Miriam Chiroldes. I live at 1818 Southwest 2nd Court. I'm next to the daycare, the house that they wanted torn down, the -- is close to the daycare. This is why I'm against it. I don't want no walls. I don't want no trees. I want peace. I work very hard all day long. These people that are for it, they just come in and drops their kids. I have to deal with them the whole day. When I come home especially, I need my -- I'm not retired yet, but I feel like I want to be retired. I don't want people -- kids running around, traffic going around, parking everywhere. No. This is a neighborhood that is residential for peace, not business or anything. They already got the front. I don't think they should have the back of it either. Not anymore. They want the front, that's fine, but not keep on going toward my house. I need my space. I need my tranquility. This is why I work very hard. And I've been there for a very long time, more than 30 years. It's not fair for it. All these traffic, all this noise. This is residential. This is not a business. I'm sorry. These people just come in and pick up their kids and drop them off. That's it. I can't deal the whole day with them. Thank you very much.
Chair Gort: Thank you. Next.
David Cardenas: Good evening, Commissioners, board, staff. My name is David Cardenas, reside at 7325 Southwest 33rd Street. I am the brother of Miriam Chiroldes, who was just here.
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And she truly is very, very distraught over this whole situation with this daycare. She works for Post Office. Her weekends are -- well, she works on Saturdays. Her days off are mostly during the week. And you know, she lives in a neighborhood that's all residential and she enjoys the peacefulness. Putting this daycare that close or so much more closer to her house -- a wall, trees, bushes, et cetera, is not going to contain the noise. The traffic in there, you could put roadblocks. You could close off a neighborhood. You could open up another street. You can do all these things. Bottom line is, it's right next door. People are going to come in. They're going to find a way to drop off the children. You can have somebody stand there and direct traffic to go one way. One day that person's not going to be there. That traffic's going to turn and go that way. Your staff was there, Francisco, at the meeting that was held at 7 o'clock in the neighborhood. There was a lot more participants there. And he will be the first one to tell you that all of them, all of them, every single one of those people, individuals that showed up -- and I believe there was a sign-in sheet -- are against it. They don't want this right next door. It's really an inconvenience to the people that live there. They purchase house. They live in a residential neighborhood. And they want to try to keep the neighborhood as is. They don't want more business. If there's businesses to be done -- like Miami 21 is putting everybody on main highways, you know. Unfortunately for them that they're under the previous Miami 21, but we still have to live next to this. So it's really an inconvenience to my sister. And I think it's a disjustice [sic] to the people that live in this community. Thank you.
Chair Gort: Thank you, sir. Anyone else? Anyone else? Don't be shy. Come on up. Line up.
Esther Cuevas: Hi. My name is Esther Cuevas, and I'm --
Chair Gort: You got to speak into the mike, please.
Ms. Cuevas: My name is Esther Cuevas. Our spokesperson is running late, so I wasn't prepared to talk here, but anyway, I'm just representing Aguamarina as a mother. My six year old graduated from there. I currently have a daughter who's also studying there. And I have a baby who hopefully will be as lucky to attend Aguamarina. And I would be very -- one of the reasons we stayed in that area was because of this preschool. If they are forced to move to another area, it would really, really change a lot of families', I guess, plans. I was a little confused when one of the neighbors was speaking about the noise because a lot of the kids leave at 12, others leave at 3, and the rest stay until 6, so I don't see how there can be so much noise in there. And one of the reasons to want to unify the gym and the house because what happens is every other day the kids go to the gym, which apparently is one of the favorite places, and the other day they go to the greenhouse. That's how they call it. So they want to unify this so the kids don't have to cross the street every day, even though they're supervised, obviously. But you know, for us parents, it's -- we would be, you know, much more tranquil if they could stay at the same place every day. Saying that, I really hope that the neighbors could be a little bit more flexible and tell us exactly what, you know, we can do because the director and owner of Aguamarina is very willing to listen. And it's just -- the noise, I just can't believe that's one of the reasons. That's it.
Chair Gort: Thank you. Anyone else? Anyone else? Please, if you're going to speak, come on up and line up.
Maria Gabriela Quintana: Hello. My name is Maria Gabriella Quintana. I live at 2401 Brickell Avenue, Miami, Florida 33129. I speak on behalf of the teachers of Aguamarina. I myself am a teacher at Aguamarina, which has been a awesome experience working for kindergarten. And I truly believe that they should give us a chance 'cause we're really making a change in everybody's lives. It's not only for us, but for everybody. We're building the citizens that we want tomorrow. Thank you.
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Chair Gort: Thank you.
Vice Chair Carollo: Go ahead, ma'am.
Claudia Rocafort: Thank you. Good afternoon. And again, I am -- my name is Claudia Rocafort. I am one of the parents who has a child in this school. I have seen maybe three other schools in the area that are not quite in the exact same area. There are not very many options for all of the parents in the Brickell area for schools. Having seen everything that is available, I have to say that this is not only in a school that I admire but that I hope will grow and have a chance to grow because the kind of education that they're giving our minors is exceptional. Aside from that, I would -- the other mother here so shared, the children cannot arrive before 8:45 a.m. A great majority of the children leave by noon. Another set of children, according to age, leave at 3. And all of the children are gone by 6 p.m. The distribution of the school as it is right now, none of the cars have to actually go through the neighborhood in order to get to the school. There is no disruption of the neighbors. So again, I would hope that there is a consideration towards what this type of education is giving our children, the possibilities that we have, and not very many of schools in the area, and the possibility that we can find an agreement whereby the neighbors will consider being cooperative and understand the importance of the school to all of our community. Thank you very much.
Chair Gort: Thank you. Anyone else. Excuse me, sir, you already spoke already. We can't be going back and forth. Anyone else? Anyone else? Okay. You got --
Ms. Marrero: No. I just want to --
Chair Gort: -- few minutes for rebuttal, no rebuttal.
Ms. Marrero: If I may, lawyers, they always have to correct the record. But Ms. Solares stated that this matter had come before the Commission previously when it expanded. It did not. That previous expansion was approved by the zoning appeals board, and it was not appealed to the City Commission, so that matter was never voted by any previous Commission, Commissioner Sanchez or anybody else. And the rest -- you know, we had a full hearing. Everybody was here. You may have forgotten, but everybody's familiar with it. It's one of those relentless issues that you deal with as you grapple with a growing city with young residents. We need these services and people don't want them in their backyard, but they have to go somewhere. And it's your decision. We offer every condition. They're still on the table, any additional conditions to make this happen. And it's the pleasure of the Commission. I hope you support us.
Chair Gort: Thank you. We'll now close the public hearings [sic]. Comments among board members.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: Thank you. I wanted to ask our Planning director. Last time this came up, other than the deferrals, last time that we actually spoke on this item, I requested for the appellant to meet with the neighbors, and I asked for you to be involved and so forth; seems like you have. Do you see any possibility of any type of agreement or compromise from the parties so it could be a win-win for both sides?
Mr. Garcia: In the end, Commissioner, what we have to do in making our recommendation to you, the City Commission, for these items is to conduct an adverse impact analysis for the area. We have certainly met with the neighbors a number of times, in fact. And although, once again,
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the applicant in this case -- the appellant, I'm sorry, has actually made every effort reasonable and beyond likely to offset the negative impact, the configuration of the street, the ingress and egress pattern, and the size of the lot and the structures present there simply are too constrained to accept 60 children and not have a negative impact. Again, I state -- I restate, they've tried to buffer it or reduce it to the extent feasible, but it's simply too much for the two joined properties to bear. We feel that there are ample opportunities elsewhere in the area to pursue for other locations, and we feel comfortable with our recommendation for denial on this item.
Vice Chair Carollo: My second concern I think was addressed. And as I stated in the past, as it was, you know, presented to us, I could not approve it or at least my vote will not be for approval and I stated, but I'm concerned. And one of the main reasons -- although I always look for compromise -- I was looking for compromise was because I do not want 30 children to be now left without a daycare, but it's my understanding they either have or could obtain some type of long-term lease? Is that correct? I heard something about three-year lease.
Ms. Marrero: The information -- I'm happy to answer. The information is we don't have -- we have a month-to-month lease at the Coral Ridge Plaza Shopping Center. I don't know the information they've obtained that other tenants with longer leases. We don't. For whatever reason, our lease is month-to-month. We've asked for it to be longer and it is not. So at any moment, the owner could just say you cannot renew and the children will have to go somewhere else.
Vice Chair Carollo: Has the owner stated at any time that his intentions are not to continue leasing to you all?
Ms. Marrero: I don't represent them in their lease negotiations. I'm not involved with that. I am iterating what they -- the client has told me, and they know that I'm going to repeat it to you under oath, which is that they're unable to obtain anything longer than a month-to-month lease.
Vice Chair Carollo: Is it possible to ask your client if at any time the owner of the property has stated that they do not want to continue with them as a lessee?
Ms. Marrero: I believe that's the case, but she's coming over and -- before I misstate.
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: Is -- I think -- there you go.
Chair Gort: Got it.
Vice Chair Carollo: Go ahead, Ms. Marrero.
Ms. Marrero: They have asked for longer leases and they've been told no.
Vice Chair Carollo: Right. But at any time has the owner stated that the reason they said no is because they're planning on terminating or not renewing or -- has she received any --?
Ms. Marrero: She's saying no. She says that -- because they have a project that they're planning to build. She even offered to have the daycare relocate on the ground floor level of the building when it gets built and finished and that he has not been willing to make that promise.
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Vice Chair Carollo: How long have they --? But the bottom line is -- the answer is no. She has received no indications from the owner that he or she is going to not renew their month-to-month lease, correct?
Ms. Marrero: Too many negatives. You lost me. I'm sorry.
Vice Chair Carollo: Okay. Let me rephrase it. I'm sorry. Let me rephrase it. A simple yes or no answer. Has the owner at any time mentioned, stated, indicated that he or she does not want them to continue being there?
Ms. Marrero: No.
Vice Chair Carollo: No. How long have they been there in a month-to-month?
Ms. Marrero: A year and a half.
Vice Chair Carollo: A year and a half on a month-to-month?
Ms. Marrero: Yes.
Vice Chair Carollo: And Mr. Planning Director, you're saying that there's other, what you would think, viable locations that they might be able to move into or consider in the near future?
Mr. Garcia: The area in -- now I am speaking to the concern of there being land that is properly zoned to accept this use under Miami 21 because, frankly, residential properties under Miami 21 are not eligible for this use. That doesn't affect this case, but just to inform you on the record. The entire band along Coral Way is zoned appropriately to accept this use.
Vice Chair Carollo: And my last question -- I know we spoke about even closure of a street or so forth. Is that option still available? Have you discussed that option? And if you have, what have been the results? Do you still think it's viable or not? And just, you know, if you could elaborate with that, whether it's yes or no.
Mr. Garcia: Yes, sir. We had discussed at some point in time the ability to contain the impact, the spillover impact by closing off Southwest 18th Road --
Vice Chair Carollo: Right.
Mr. Garcia: -- which is the property that presently allows ingress and egress for the school and the road through which they're proposing to expand the surface parking lot to accept ingress and egress, and that is both arguably cost-prohibitive but also not necessarily recommendable by the City given that that street allows direct access to residences that are at the very end of it that would not otherwise have access from Southwest 2nd Court, the cross street. Now, in terms of physically being able to do it, it could potentially be done, but it's certainly not to best option that would be available and we would recommend against that as well.
Vice Chair Carollo: And you would recommend against that as well?
Mr. Garcia: Yes, sir.
Vice Chair Carollo: Okay. A true concern is that the children are not left without a daycare. It seems from the statements that that is not the case. There hasn't been any statements that -- from the owner that they no longer want them to continue leasing there. They've been leasing
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month-to-month for a year and a half, and there is -- it seems to me there's time to look for other locations, and there are other locations that might be feasible. With that, it just seems this location is not good for the neighborhoods. I think I -- this Commission has taken a strong stance with regards to our neighborhoods. And again, I think it's going to be very detrimental to our neighborhood, so I'm going to have to make a motion to deny your appeal, along with our Planning director -- with the recommendation of our Planning director.
Chair Gort: There's a motion to deny the appeal. Is there a second?
Commissioner Suarez: Yes, there's a second. And I'd like to --
Chair Gort: Motion by --
Commissioner Suarez: -- state something for the record.
Chair Gort: Yes.
Commissioner Suarez: I think the toughest decisions that we make up here are when you have two good things that are competing with each other. Clearly, we want to do everything we can to support and promote schools in the City of Miami, schools that enrich our students and our students' lives and our children's lives, and sometimes that good interest competes with, you know, the good interests of making sure that our neighborhoods are quiet and safe and that our quality of life is upheld, and it just -- it makes it very, very difficult -- and from my perspective, not being the district Commissioner, I think what kind of cuts in favor of seconding the motion is aside from our record of protecting the neighborhoods pretty much, you know, unanimously, the fact that the district Commissioner feels this way, that, to me, is kind of the dispositive factor, so --
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Okay. Yes, sir.
Vice Chair Carollo: Thank you. I appreciate that, Commissioner Suarez. And at the same time, I mean, you hit it right on the head. In all fairness, there's two good competing interests that, you know, it does make it difficult. And at the same time, I appreciate the appellants wanting and trying to be reasonable. I truly appreciate that. And again, it is a difficult, you know, situation. But at the same time, I think there is some lead way for other locations. It doesn't seem like the children are going to be, you know, without a daycare any time soon. It's been something that's been month-to-month for a while now, so hopefully you will continue there and in the meantime you could look for, you know, alternative locations. Maybe if the Planning director could point out some of the locations to you all, you know, to be some help and -- but at the same time, you know, we have to protect our neighborhoods and those neighbors -- those neighborhoods have been there much longer than that daycare and, you know -- so I have to continue with my denial. Thank you.
Chair Gort: Any further discussion? Being none, all in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Ms. Marrero: Thank you.
Victoria Mendez (Assistant City Attorney): Chairman, I did not read the resolution, but I just wanted to be clear. Even though you have moved, I wanted to make sure that based on the record and what has been articulated here, that there are certain findings that you've made. If I
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could just summarize that and then you can --
Chair Gort: Go right ahead.
Ms. Mendez: Okay. It's found that this application is for an increase of a number of students from the number 30 to 60, which this Commission has found to be a considerable amount. It is found that while the use may be allowed via exception with the existing zoning designation is not compatible due to the specific location and configuration as specified. It is found that the existing eight parking spaces and additional eight parking spaces located to the rear of the property and that the ingress and egress through the parking through Southwest 18 Road and any possibility that may go through 19th Road would impact the neighborhood. It is found that the increase of the 30 additional children to the existing facility will further impact on the residential designation of this neighborhood by increasing the vehicular traffic along Southwest 18th Road during pick-up and drop-off hours and, thus, negatively affecting the surrounding residential area and also possible entry through 19th Road would also affect the neighborhood. And finally, it is found that the design and proposed façades and facilities would be inadequate for this use. That's about it.
Chair Gort: That's it?
Ms. Mendez: So does this sum up the --?
Chair Gort: The decisions to make by the motions and by the second of the motion.
Ms. Mendez: Okay. Thank you.
Chair Gort: Okay. Thank you.
PZ.13 RESOLUTION 09-01464za 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 04-28-11 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.
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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 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: PZ.13 was deferred to the Commission Meeting scheduled for June 23, 2011.
Chair Gort: PZ.13.
Barnaby Min (Administrator): PZ (Planning & Zoning) -- again, Barnaby Min, with the Office of Zoning. PZ.13 was a deferral at the request of the appellant. I'm asking however to be deferred until June, the June PZ meeting, because I'll be unavailable in May.
Vice Chair Carollo: So moved.
Commissioner Suarez: Second.
Chair Gort: It's been moved and second. Moved by Vice Chairman Carollo, second by Commissioner Suarez. 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
VICE-CHAIRMAN FRANK CAROLLO
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END OF DISTRICT 3 DISTRICT 4
COMMISSIONER FRANCIS SUAREZ
END OF DISTRICT 4 DISTRICT 5
COMMISSIONER RICHARD P. DUNN, II
END OF DISTRICT 5
NON AGENDA ITEMS
NA.1 RESOLUTION 11-00399 District 3- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), Commissioner Frank URGING GOVERNOR RICK SCOTT AND THE MEMBERS OF THE FLORIDA Carollo LEGISLATURE TO OPPOSE THE LANGUAGE FOUND IN 2011 SESSION HOUSE BILL 1363, RELATING TO THE DEPARTMENT OF TRANSPORTATION, CREATING A STATUTE THAT LIMITS THE ABILITY OF MUNICIPALITIES TO ESTABLISH FEES CHARGED IN CONNECTION WITH SIGN PERMITS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00399-Legislation.pdf 11-03999-Exhibit.pdf
Motion by Vice Chairman Carollo, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II
R-11-0169
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes, sir.
Vice Chair Carollo: If I could have a point of order.
Chair Gort: Yes.
Vice Chair Carollo: Thank you. Mr. Manager, if you remember correctly, just a week ago we had a special Commission meeting, and what I feel is important then or when I say that something is important or when the Administration says that there's an emergency or that something is important, I feel that it's important then, it's important now. And I believe this Commission spoke loudly as far as the importance of the issue 'cause we had a special Commission meeting. Do you know if there's been any amendments, any adjustments, or has there been anything with regardance [sic] to that bill in Tallahassee?
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Johnny Martinez (Assistant City Manager/Chief of Infrastructure): I tried to get a hold of Kirk this morning. I haven't been able to. He's in Tallahassee. Apparently, there's been some language change that really doesn't change the predicament that we're in. I've asked the Attorney's office to make sure that we put in whatever language we need to to neutralize whatever they're trying to do, but I don't have an official update as of this moment. I've been trying to get one.
Vice Chair Carollo: Okay. I just want to make sure that everyone understands that it's an issue that is important to us. You know, I think it was stated numerous occasions. As a matter of fact, we even had a special Commission meeting on the item. We had a possible ordinance in -- under an emergency situation. So, you know, the updates should be given to this Commission and to the Mayor as soon as possible.
Mr. Martinez: I fully agree and I was trying to get that.
Vice Chair Carollo: And just to elaborate a little bit more, I have a pocket item today, which I sent an e-mail (electronic) on, and the wording on that pocket item could change because of this amendment. And you know, I still have not received an update from our governmental affairs liaison. Thank you.
Chair Gort: Thank you.
[Later...]
Chair Gort: Pocket items. You want to take up the resolutions --?
Vice Chair Carollo: Mr. Chairman.
Chair Gort: Yes.
Vice Chair Carollo: I have a pocket item.
Chair Gort: Go ahead.
Vice Chair Carollo: Thank you. As you know and the members of this Commission know that -- and I'm sorry. They're being handed out. No. Let me -- Madam City Attorney, can I get the rest of package so I can hand them out or --? Yeah, the letter and the resolution, please. And one for the City Attorney -- no. I'm sorry. City Clerk.
Julie O. Bru (City Attorney): Let me get them -- let me print some more. You wanted -- somebody else has another pocket item?
Vice Chair Carollo: Yeah, Mr. Chairman.
Chair Gort: We all do.
Commissioner Dunn: We all have them.
Vice Chair Carollo: Yeah. Can I just hold off on mine --
Chair Gort: Okay.
Vice Chair Carollo: -- until we get the rest of the copies so everyone will have a copy of the resolution? Thank you.
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[Later...]
Vice Chair Carollo: Mr. Chairman, I have a pocket item. I want to make sure that we have the resolution so you could pass out. Excellent. Should be a letter and also a resolution. As you all know, we had a special Commission meeting to discuss the issue in Tallahassee with regards to the legislation that could severely be detrimental to the City of Miami. I was a little surprised that a state representative mentioned that he had not heard of this legislation and that no one had contacted his office. Therefore, I want to make sure that we vote and hopefully be unanimous and send a resolution to the governor and -- well -- and I'll ask my colleagues whether it should be to the governor, but definitely to the members of the Florida Legislature to oppose the language found in the 2011 session, House Bill 1363, relating to the Department of Transportation, creating a statute that limits the ability of municipalities to establish a fee charged in connection with sign permits; directing the City Clerk to transmit a copy of this resolution to the officials designated herein. I also want this cover letter to be part of it because I want -- I don't want it to be -- I want our message to be clear and not get clogged up in all these whereas. So I will hope that I will have the support of all of you. And I would want the cover letter to be signed by the Mayor and every member of this Commission. And so I move to pass this resolution.
Chair Gort: There's a motion by --
Commissioner Dunn: Second.
Chair Gort: -- the Vice Chairman. There's a second by Commissioner Dunn. Any further discussion?
Commissioner Sarnoff: Yes, sir.
Vice Chair Carollo: Commissioner Sarnoff.
Chair Gort: Yes, sir.
Commissioner Sarnoff: Can I get a status update on where the bill is right now?
Ms. Bru: There was an amendment that we were provided, I think yesterday, where the language of this section of the transportation bill that would create new law limiting the City's ability to obtain fees for permits -- for sign permits. The language was going to be modified to take away the $500 cap. That amendment was not considered at -- around 6 o'clock or so today, I got information that the bill -- the transportation bill passed 116-zip, which means that out of 120 legislators -- legislatures, 116 voted for it. But that change in this section of the bill was not part of the bill that passed. So what is now adopted by the House is the language that you had before you the last time, which caps the permits at $500.
Vice Chair Carollo: Commissioner Gort --
Chair Gort: Yes.
Vice Chair Carollo: -- it was my understanding that -- and I'm asking you 'cause I think you were on a radio show with him -- the majority was going to request that an amendment be proffered with regards to this legislation. No?
Chair Gort: When I got on the radio, I was told by the announcer at that time that the representative had made a commitment that if this will come to the House, he will amend it.
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Vice Chair Carollo: Okay.
Chair Gort: All right. Any further discussion? All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Chair Gort: I'm also suggest [sic] that we continue to phone -- call all the representatives and senators that we know and talk to them.
Vice Chair Carollo: By the way, members of this Commission, I'm also including in the section that this also be transmitted to the Florida League of Cities and the Dade County League of Cities.
Chair Gort: Yes.
NA.2 RESOLUTION 11-00373 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUATION OF THE SALARY AND BENEFITS PROVIDED TO VICTOR I. IGWE AS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO RESOLUTION NO. 07-0161, ADOPTED MARCH 8, 2007, FOR A PERIOD OF SIXTY (60) DAYS, AS STATED HEREIN. 11-00373-Submittal-Auditor General Information.pdf
Motion by Commissioner Dunn II, 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-11-0186
Chair Gort: Let me ask a question. We have the -- Victor Igwe with the -- who's the outside [sic] auditor here and we have a special resolution. We -- I think we -- you all have a copy of it. And the problem is his contract was due in May 1. Unfortunate, it was not brought to us on time, so this is the resolution. Madam Attorney, would you like to read it or --? The resolution on the extension of the contract for -- and we have to decide on how many days, and I have several questions afterwards. The resolution for Victor -- the extension of the contract for the outside [sic] auditor.
Julie O. Bru (City Attorney): Okay.
Chair Gort: Independent auditor.
Ms. Bru: We have prepared for the Commission to consider a resolution. It has some blanks because basically, the independent auditor was appointed back in May of 2007 for a term of four years, as provided for under the Charter. That term will expire on May 1 of this year. At this time we want to make sure that the Commission acts so that if it is the will of the Commission to continue to have Mr. Igwe serve as the independent auditor, you have to take action. So you have available to you either at this point authorizing the continuance of payment to Mr. Igwe so that there is authority to continue to pay him his salary and his benefits. You have the option of reappointing the independent auditor or determining a method under which you will consider a process to select an independent auditor.
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Chair Gort: Okay. Is that understood? The resolution is to extend it, and then at the same time, we have the options, once we make the motion and accept it, to persons who serve for four years. Being that we have a lot of new Commissioners here, the resolution will be to go ahead and approve it, the extension of the existing contract, for 30 days, and then if the wish of this Commission, if they want to revisit and see if we want to extend it for another four years or we want to do something else.
Vice Chair Carollo: No, no, no. I'm sorry. Commissioners -- Commissioner Suarez just came in. He said, for four years? And I said no, no, no, no. Actually -- well, to start off, I'm disappointed that we're in this situation because we -- at least I just heard of this a few days ago, and I am definitely not in a position to make, you know, a decision on what to do or not to do. I understand that his contract terminates May 1 and, therefore, I don't have a problem extending it 30 days, 60 days; you know, within that time frame, you know, coming up with maybe suggestions of what we can do. I mean, at the very least, I think that we, you know, should have some type of evaluation on the job that he's done and then go from there. But I mean, I -- and I'll follow the will of this Commission. Again, I just started off by saying I'm disappointed that, you know, this wasn't brought up to my attention, you know, with reasonable amount of time or way in advance. So I don't have a problem extending it, you know, his current contract for 30 days or even 60 days.
Commissioner Suarez: Mr. Chairman, if I may?
Chair Gort: Okay. Yes, sir.
Commissioner Suarez: Thank you, Mr. Chairman. I just want to say something for the record because I am also -- I share in that opinion. I'm very surprised that we're dealing with this kind of out of the blue. And I have to say -- and I'm going to say this, and I hope it's well received by my colleagues. But we had a very difficult negotiations with our two other constitutional officers where I was tasked to negotiate with the City Attorney, Vice Chairman was tasked to negotiate with the Clerk, and they took substantial pay reductions, substantial pay reductions. And I cannot feel comfortable approving a contract, whatever time frame or length it will be, without them taking -- this person taking similar pay reductions to what was taken by the City Clerk and by the City Attorney and by all the rest of our employees in the City of Miami who took substantial pay reductions. So I just want to put that on the record. It's nothing personal. You know, on the contrary, it has to do with the fairness of the process that we've had to go and engage in with our constitutional officers.
Commissioner Dunn: Mr. Chair.
Chair Gort: Yes.
Commissioner Dunn: I'm in agreement with what my colleagues have said, and certainly, we need to agree on an extension of time period during the interim. I do have problems with not everyone taking pay cuts, and I know somebody's going to say "here he goes again." But if I'm not mistaken, our police chief didn't take a pay cut. Everybody else took pay cuts. I'd like to check that. Because if we we're going to do it, let's be fair. Let's cut it all the way across the board. We don't have to have -- there's no need to have any sacred cows around here. If we're going to do it, let's do it with everybody. I don't know now. If he did, fine. But if we're going to cut everybody, we got to be fair and equal in our distribution. If he didn't get a pay cut, then we need to look at his too. And I know somebody's going to think it's personal, but it's not. It's just being fair.
Commissioner Suarez: And my issue has to do with the constitutional officers that we control,
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whose salaries we control. I'm not saying -- well, I think -- my understanding of the way last year's negotiations went, anyone who was making over, I think it was, $120,000 took a 12 --
Chair Gort: They had to take a cut, yeah.
Commissioner Suarez: -- percent pay cut.
Chair Gort: Yeah.
Vice Chair Carollo: Fifteen.
Chair Gort: Automatically.
Commissioner Sarnoff: Fifteen percent.
Commissioner Dunn: No. That --
Commissioner Suarez: So --
Commissioner Dunn: -- check the record. I --
Vice Chair Carollo: Fifteen percent.
Commissioner Sarnoff: Fifteen percent.
Commissioner Dunn: -- don't --
Commissioner Suarez: You know, I don't want to --
Commissioner Dunn: -- think --
Commissioner Suarez: -- we could --
Commissioner Dunn: I know, we're not going to debate over here, but --
Commissioner Suarez: No, no. I know. That's what I'm saying. Yeah, we're --
Commissioner Dunn: Let's just check it out --
Commissioner Suarez: Yeah, I agree.
Commissioner Dunn: -- just so --
Commissioner Suarez: I have no problem with that.
Commissioner Dunn: I like to put it on the record.
Commissioner Suarez: I have no problem with that.
Commissioner Dunn: Okay. 'Cause if we're going --
Commissioner Suarez: My issue has to do with just --
Chair Gort: Yeah.
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Commissioner Dunn: Yeah.
Commissioner Suarez: -- making sure that the constitutional officers whose salaries we set --
Commissioner Dunn: I'm in agreement with you.
Commissioner Suarez: Okay.
Commissioner Dunn: Please understand that. And it's not an issue for me, but I just think that it would hurt -- we had people in -- you know what we went through, Vice Chair, with the unions. You know, that was painful. That was really painful. And people took cuts. And you just -- and I'm going to say this and I'll move on because I -- in my church, I lead by example. When there's a crisis financially, I'm the first one to take the cut, and I think that's what leadership does.
Victor Igwe (Independent Auditor): Yes.
Chair Gort: Okay. Yes. No. We're discussing it among ourself. We'll let you -- give you a chance to speak. Yes, sir.
Commissioner Sarnoff: You know, this was the first time I was actually considering using the five-day rule, and I haven't decided whether I will or I won't. But I just want to say this very clearly. There are three officers that we are charged with their direct salary. That is a direct reflection on us. And I thought last year -- I think they're all important people and they took substantial pay cuts. I don't know that you can convince me and not employ the five-day rule without a similar pay cut, even moving forward for 60, 90 days. And I think somebody should evaluate the job's he's done. I'm not capable of that evaluation. I mean, I've received from my audit committee person very favorable statements about Mr. Igwe. And I hate to put it on you, Mr. Vice Chair, but there's only one person up here really capable of evaluating him, and I'm not trying to create a job for you, but you're the only person capable of evaluating him.
Chair Gort: Well, that was going to be my suggestion. I think -- when I saw him this morning, told him I think I have a job for you. I'm not going to do it until we go into the public hearing, and that was what I'd like for you to do. I mean, one of the things that happen, Commissioner Suarez sat down with the City Clerk and he sat down with the City Attorney and he negotiated the contract that came in front of us in working with them, and I think it should be the same option for Commissioner Carollo as the -- an accountant and an audit -- auditor to do the same thing.
Vice Chair Carollo: You sure you don't want to use that five-day rule?
Commissioner Sarnoff: Depends upon your response.
Vice Chair Carollo: First of all, you know, I appreciate both of you showing the trust in me. I stand by what I said, you know. I'm really disappointed the way this came about. I really think we all should have had, you know, ample amount of time, you know, heads up for us to see which route we wanted to take. I don't mind, you know, extending and if it's the will of this Commission, with a pay reduction for 30 days, 60 days. However, I just want to make sure that I can do the task that I've been asked to do appropriately, and I would like at least until next Commission meeting to be able to say yes, I'll take it on and so forth. And again, you know -- and the reason why -- and you see me; I'm so adamant about the five-day rule and I'm so adamant about, you know, time spans and so forth is because I was in a position where I had to make split-second decisions and it was life and death. However, I am no longer in that
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position, you know. And I really appreciate ample time to be educated on the subjects before making a decision. So you know, again, I truly appreciate it. And I would, you know, respectfully ask that, you know, in the next Commission meeting that, you know, I would give you an answer and see what's the best way to proceed and analyze because I don't know enough information. I still don't have enough information. I don't know how much time it's going to take and so forth, not to mention we've got the budgets coming up.
Commissioner Suarez: Mr. Chairman, if I may. First of all, of course I think the Vice Chairman is the best person to do that analysis. I certainly don't have the qualifications to do it. And I feel very adamant about -- I think -- I recall saying that when we made the decision to reduce the salaries of our two constitutional officers, it wasn't on the basis of determination that they were not doing their job well or that they were, you know, not performing and that therefore that's why we were reducing their salary. I think it was a reflection of the adjustment of the economic circumstances and decisions that we knew we had to make in the future. Having said that, I know that during the period where we did our due diligence on those officers, we did not reduce their salary during that period. In fairness, we did not. I mean, that's just -- that's what happened. I mean, we did not -- in that period -- it took us a little while. We had to defer it a couple of times. So just keep that in consideration. I think if we're being very, very fair and clear, I think during that period of analysis, we did not do it. We didn't -- we did it after we came to that analysis and then did the negotiations. So I just -- I think that's the fair -- you know, that's the way it was done. That's the way we did it before.
Chair Gort: Okay.
Commissioner Dunn: Mr. Chairman, one more.
Chair Gort: Yes.
Commissioner Dunn: Just in the spirit of fairness 'cause that's what I'm trying to be about. It -- there may be have -- there may have be some extenuating circumstances involving the Chief, so just -- that's one for you, chief, wherever you are. I know you're looking somewhere. But that's not personal. But I just want to make sure how it's done. But I want it to be clarified because what happens, you know, you get one director, even if they don't come under our constitutional jurisdiction, it's still -- it gives an appearance -- and I'm -- again, I'm not picking apples and oranges, but so does the CRA (Community Redevelopment Agency) director. They don't really come under, but we cut them. So I just want us to be -- if we're going to do this, let's make sure we cut everybody so that everybody can feel the pain, not -- the love.
Chair Gort: Mr. Igwe. Yes, sir.
Mr. Igwe: Yes. Thank you, Commissioners. In response to Commissioner Carollo's comment in terms of, you know, why we're here in terms -- in other words, it wasn't put in the agenda much earlier. The problem is that I don't have the authority to put items on the agenda. I will have to approach either the Administration to do that. In the past, I've always had problems putting anything on the agenda. And then, secondly, back in 2007, when I was reappointed, it wasn't done up until July, so it wasn't even really -- I really didn't have an intention of bringing it up until after sometime in June or July. Maybe, you know, talk to you all in May, and then have it -- bring before you in June or July. But right now we're going to -- in a true -- in a peer review, which is a very strenuous thing. We have a firm that is reviewing, you know, my department from top to bottom. It's a very long strenuous, you know, process. We're going through that now. And I didn't -- Actually, I didn't want to get into the reappointment. I welcome the evaluation. And I'll be more than happy to sit down with any of you, you know, and share the results of the peer review. We've had -- this will be the second peer review. We -- you know, I have -- I also have members of the audit community that I communicate with on a
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regular basis. They all CPAs (Certified Public Accountants) so they can also provide an insight as to any questions that any of you may have in terms of what we do. My job is not a very, very -- my job is a very difficult job. It's not a very -- it's not -- you know, I'm not running for popularity contests. If I do, I'm not going to win, so -- but if you have an auditor who is very popular, then he's probably not doing his job. And I will stand by -- whatever report I put out here, it's supported and -- you know, we've been, you know, in my instances found to be -- you know, to have support for everything that we put out. I welcome and I'm prepared to discuss any salary reductions and consider that as part of this whole process. And my whole purpose today is not -- as to reappointment. I'm only asking for a stop gap measure that will allow us that opportunity to bring before you the appropriate legislation and then go through all the evaluation or whatever the will of this Commission may be to, you know, determine, you know, how to proceed. That's what I have to say.
Chair Gort: Okay.
Commissioner Suarez: Mr. Chairman.
Chair Gort: Thank you. Yes, sir.
Commissioner Suarez: I have to ask this in good faith. I think we all have difficult jobs here, first of all. And I think your job is on the basis -- and the Vice Chair can attest to this -- of asking questions and then people answer you and then you ask deeper questions and deeper questions and deeper questions. And you said that the reason why this came to us -- and I just have to ask this. I mean, it just -- I have to. You said -- 'cause I know that's what you do every day. You said that you could not -- you don't have the authority to put this on the agenda.
Mr. Igwe: That's correct.
Commissioner Suarez: But you can contact the Administration and the Administration can put it on the agenda.
Mr. Igwe: Definitely. But the reason I didn't do that was the last time in 2007 --
Commissioner Suarez: I haven't asked you the follow-up question yet.
Mr. Igwe: I'm sorry.
Commissioner Suarez: You knew I was going to ask you that question, right?
Mr. Igwe: Well, I know that's where you're going, sir.
Commissioner Suarez: That's what you would ask as a good auditor, right? The follow-up question is when did you contact in Administration?
Mr. Igwe: When did I contact the --
Commissioner Suarez: When did you contact the Administration?
Mr. Igwe: Okay. I didn't even have any intention of contacting them until after I finished my peer review, which will be done the second week of May, then I'll make that contact. And then --
Commissioner Suarez: But when does your contract expire?
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Chair Gort: May 1.
Mr. Igwe: But in the past it hasn't been -- it had (UNINTELLIGIBLE) that it was done before May. The last time it was done in July. That is the truth.
Commissioner Suarez: Okay. Now we're getting into -- please stop me if I'm wrong. Now we're getting into good -- best practices 101 here, which is do you try to renew your contract after it's expired or before it's expired? I mean, do you set up your time frames with peer review or whatever else you're doing to educate the Commission as to whether or not you should be retained or not before the time frame of your contract expires or after the time frame of after your contract expire?
Mr. Igwe: Well, usually what -- when it was done, then it was done retroactively. If it's -- if there's going to be a salary cut, then the cut would be --
Commissioner Suarez: I have to stop you there. Is that good practice to be doing things retroactively? Isn't it -- don't we -- aren't we constantly criticized by audits and by auditors for doing things retroactively, for doing things after the fact?
Mr. Igwe: Well, you know, I will tell you that, you know, in terms of, you know, it's true. You brought up a issue. I should have contacted the Administration before, but I was under the impression -- you know, nobody's ever told me, even back in '07, that now, you know, it has to be done on or before. But I do understand that the contract runs out on a particular date, but --
Commissioner Suarez: But this is the point that bothers me, Mr. Igwe. You make a living -- not make a living, but your job is to essentially criticize, to be a critic, to criticize the way we do our business, the way we handle our procedures, the way we implement our procedures, and that's the problem that I have with this. Like I just cannot let it go because that's what you do. What you do is you examine our policies and procedures. Are we following them? Are we not following them? Why are we not following them? This is the best practice. Why are you not following the best practice? Why are you not following the law? Why are you spending money in ways that you shouldn't be? And now what you're saying is that the standard that you had created and the standard that you had expected was that your analysis of your performance would have been conducted after your contract had expired and then, if the Commission wanted to, it was going to go back and re-ratify all that that had already been done. I mean, am I missing something. Does anybody see it differently?
Commissioner Sarnoff: No. That's why I'm -- think I'm going to employ the five-day rule.
Vice Chair Carollo: Before you do that, question, Madam City Attorney. What would occur if his contract expires May 1?
Ms. Bru: I think maybe your Finance director should also opine on this, but from a legal perspective, the contract is for a term certain. And after May 1, there is no longer any authority for the payroll department to issue a check or to continue to provide the benefits, so --
Commissioner Sarnoff: Can he become an at-will employee?
Ms. Bru: Well, he's not an employee. He's -- he is an -- he's treated as an employee, but he is an -- he's an appointed official of the City of Miami. He is -- he serves as your independent auditor as the director of the department of independent auditing, and he serves for a term certain as provided explicitly in the Charter, which is a little different from how the Charter treats the City Clerk and the City Attorney. This is a very definitive statement in the Charter
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about a term certain.
Mr. Igwe: But aren't --
Chair Gort: Gentlemen, I --
Mr. Igwe: -- we talking about just the two weeks extension? Are we --?
Chair Gort: Excuse me. Wait a minute. Let's get this -- let me ask you a question, and I understand you can apply the five-day rules, but at the same time, that will take effect to not only to him, but the whole department. We can extend it for 30 or 60 days, whatever you believe the time you will need to bring this together and not to stop it. That's what I will request from you all, if possible.
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Dunn: I'm hearing you loud and clear, and I'm in agreement with that. I was just going to ask the Vice Chairman if he does accept, how much time do you think you would need?
Vice Chair Carollo: I don't know, and that's part of -- you know, taking these two weeks to analyze and see exactly how much time I would need and so forth. That's why I wouldn't want to make a -- and you know what, if we give him 60 days and I feel I need more time, I'll come back to this Commission --
Commissioner Dunn: All right.
Chair Gort: Sure.
Vice Chair Carollo: -- and request it, just like we did when we evaluated the City Clerk and the City Attorney.
Commissioner Dunn: Fair enough.
Vice Chair Carollo: So you know, I don't want to get --
Commissioner Dunn: Fair enough. I got it.
Vice Chair Carollo: -- put in a position like that.
Commissioner Dunn: Mr. Chairman, I'd like to make a motion, if it's okay.
Chair Gort: Yes, sir.
Commissioner Dunn: That we give an extension of 30 days -- 60 days, I'm sorry.
Vice Chair Carollo: Sixty.
Commissioner Dunn: Sixty.
Chair Gort: Is there a second? Second?
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Vice Chair Carollo: Second for discussion. No. You know why?
Chair Gort: Moved by Commissioner Dunn --
Vice Chair Carollo: I want to make --
Chair Gort: -- second by --
Vice Chair Carollo: No, no. You know why?
Chair Gort: -- Vice Chairman Carollo.
Vice Chair Carollo: You know why? Because in all fairness, I don't think Mr. Igwe's answers were very good, you know. I'll say on the record, I don't think his answers were very good. I think they're a little lame 'cause you could have called me, you could have called any Commissioner up here and said Commissioner, you know what? I need this to be on the agenda. And any one of us could have put it on the agenda. I can tell you -- and I think you know me well enough where I can tell you, I would have put it in the agenda. I would have discussed it and I would say hey, what are the issues. But you could have called me. You could have called any one of these Commissioners up here, you know, and that didn't occur. So yeah, I mean, the answers are a little lame. And in your position, you need the upmost [sic] -- you're at a different level, you know, because you actually audit all of our departments and so forth, and I think, you know, the examples needs to be there. So I'm having a little difficulty with that. And second of all, I'll be honest with you. I know Commissioner Sarnoff is having difficulties with it, and I respect, you know, the way he feels. I do feel -- I do also feel --
Commissioner Suarez: Oh, my God.
(Outburst from audience)
Commissioner Suarez: Oh, my God.
Chair Gort: Call rescue.
Commissioner Sarnoff: He's done this before. He's done that before. It's about his third time.
Chair Gort: Let the fireman in.
Commissioner Sarnoff: Maybe the kindest thing to do is employ the five-day rule.
Chair Gort: Wait. Hold on. Yeah.
Commissioner Sarnoff: He did it twice before. He gets real nervous.
Chair Gort: You want to take five?
Commissioner Sarnoff: No. I want to get this done.
Chair Gort: You want to get this done.
Commissioner Sarnoff: I actually have -- I'm 20 minutes -- 25 minutes late. And I know there's another issue coming up.
Chair Gort: Yeah, I know that.
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Commissioner Sarnoff: What I should do is just get up and leave. Do you mind if I --?
Chair Gort: Let's do the 30-day extension.
Commissioner Sarnoff: What was the motion for, the 30 --?
Chair Gort: The motion was for 60 days. The extension of the contract for 60 days.
Commissioner Sarnoff: All right, Mr. Chairman, what I'd like to do is -- who's the maker of the motion?
Vice Chair Carollo: Commissioner Dunn and I'm the seconder.
Commissioner Sarnoff: I wonder if the maker would accept a friendly amendment.
Commissioner Dunn: Go right ahead.
Commissioner Sarnoff: That Mr. Igwe not issue any audits for that 60-day period in which he's under the negotiation of this Commission because I don't think those audits -- I think it's too much control. I think the four-year window gives him the ability to issue independent audits, but I don't know how independent he can be for those 60 days, so I ask that as -- I'll -- I -- it's a friendly amendment that he not issue any audits for the 60 days.
Commissioner Dunn: I'll accept it.
Vice Chair Carollo: Question --
Chair Gort: Second.
Vice Chair Carollo: -- Commissioner Sarnoff. Question. And I see your intent. However, what is he going to be doing for the next 60 days then?
Commissioner Sarnoff: You know, I would expect that he's going to do the raw -- and this is where you know better than I am, which is I think the forensic accounting. But before he arrives at any findings and then conclusions, that he have a four-year contract under his belt or that he be replaced, whatever it is this -- the will of this Commission.
Vice Chair Carollo: Or a one-year, two-year, or a not --
Commissioner Sarnoff: I don't know --
Vice Chair Carollo: I don't want to tie ourselves to a four-year or --
Chair Gort: My understanding it's for --
Vice Chair Carollo: It has to be a four-year?
Ms. Bru: Let me comment on something. I have a little bit of a problem with the motion that's on the table. Because the Charter is clear not only about the term. The term has to be four years. It can't be more. It can't be less. But it's also clear about his powers, and I don't think that this Commission has the authority to limit or restrict his powers. So you're either going to have him serving in the capacity that he serves under the Charter with the powers and conditions of the Charter, you know, for a period of time to allow you to make a decision as to
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whether you're going to solicit qualifications --
Commissioner Sarnoff: Well, Madam City Attorney, this Charter doesn't envision --
Ms. Bru: No.
Commissioner Sarnoff: -- a scenario that we're in right now. Yet in the scenario that we're in right now, for a 60-day period, he would be concerned about any Commission or Commissioners and will actually could be considered a lobbyist on behalf of us so that he would either find no findings for the City of finding -- supposing he's auditing one of our -- one of us right now, and I don't know that he is, by the way, for the TV (Television) audience. I doubt that he is, but maybe he is. Now for that 60-day period, you explain to me how he's going to issue a fair and independent audit? So my -- that's why my concern with this whole thing is how we're proceeding.
Vice Chair Carollo: Could we get -- could we go get the police chief? I think there's -- I'm sorry. The fire chief.
Commissioner Dunn: Probably need to call somebody and get him. We can still -- yeah.
Commissioner Sarnoff: You know, I'm just going to five-day rule this.
Ms. Bru: Commissioner Sarnoff, I stand corrected. I think that there is the ability under the Charter for you to describe what his duties could be because it does say that the independent auditor general shall be responsible to provide independent oversight of audit functions and for the performance of such other duties as may be assigned by the City Commission. So maybe --
Commissioner Sarnoff: So --
Ms. Bru: You know, what I --
Commissioner Sarnoff: -- having made that finding under the Charter, if the maker of the motion accepts my amendment, is that he issue no final audits to this -- to the general public or this Commission until his contractual status is reconciled.
Ms. Bru: I think that would be appropriate.
Commissioner Sarnoff: Okay.
Chair Gort: Okay.
Vice Chair Carollo: And just to clarify, Commissioner Sarnoff. Any current investigations will continue. You just don't want any reports to be --
Commissioner Dunn: Released.
Vice Chair Carollo: -- issued.
Commissioner Dunn: Released.
Commissioner Sarnoff: Right. 'Cause it's my understanding --
Vice Chair Carollo: Okay.
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Commissioner Sarnoff: -- and this is where you can correct me, Mr. Vice Chair -- he's not going to make any findings. He's not going to draw any conclusions. Those occur in reports. His factual data can still be created. His auditing services and that of his office can continue. But the factual findings he makes and the conclusions that he draws and the opinions he renders occurs in a report.
Vice Chair Carollo: I think it will be correctly stated by saying that he will not issue any reports. He will continue all investigations, ongoing investigations, his staff, but he will not issue any reports until this matter is resolved.
Commissioner Dunn: Mr. Chair.
Chair Gort: Do you accept the (UNINTELLIGIBLE)?
Commissioner Dunn: I accept.
Vice Chair Carollo: And I accept.
Chair Gort: Okay. Any further discussion? Being none --
Ms. Bru: Okay. And your motion then would also assume that the -- that he -- that the salary and benefits that he is currently receiving continue --
Chair Gort: Continue.
Ms. Bru: -- until such time as further action is taken on this matter. Is that part of your motion?
Commissioner Dunn: Yes.
Chair Gort: Correct.
Vice Chair Carollo: Right. And it's for a 60-day period.
Chair Gort: Okay. All in favor, state it by saying "aye."
The Commission (Collectively): Aye.
Vice Chair Carollo: And Mr. Chairman, I just want to verify that Mr. Igwe is okay. Mr. Fire Chief.
Mr. Igwe: I'm fine. The problem is that I have very low sugar and I need to have sugar all the time. And that's why -- I think this has happened a couple of times, but I'm fine.
Commissioner Suarez: I think --
Mr. Igwe: Thank you.
Commissioner Suarez: -- the main thing and if I may, please. This is not personal. You know, we're not, you know --
Mr. Igwe: No. I'm not taking it personal. Don't --
Commissioner Suarez: I mean, you know, this is us. You know, we're doing our due diligence.
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Mr. Igwe: Actually, right now I'm fine.
Commissioner Suarez: And we're doing our job.
Mr. Igwe: I'm fine right now. But I have very low sugar.
Commissioner Suarez: I understand.
Mr. Igwe: And when I get a little stressed, you know, it makes me sweat.
Commissioner Suarez: It's okay.
Mr. Igwe: You know, so --
Commissioner Suarez: It's okay.
Vice Chair Carollo: Thank you.
Mr. Igwe: But I'm perfectly okay. Thanks for asking.
Commissioner Suarez: Okay.
Chair Gort: Okay.
Vice Chair Carollo: Thank you.
Chair Gort: Thank you.
NA.3 DISCUSSION ITEM 11-00410 COMMISSIONER DUNN INVITED LEADERS AND MEMBERS OF THE COMMUNITY FROM DISTRICT 5 TO PRESENT THEIR PERSPECTIVE AND INTERPRETATION OF CRIME STATISTICS IN THE CITY OF MIAMI. 11-00410-Submittal-Distric 5 Office-Memo from Lt. Raimundo Socorro.pdf 11-00410-Submittal-Brother Lyle Muhammad-DVD.pdf DISCUSSED
Chair Gort: Okay. Yes, sir.
Commissioner Dunn: Thank you, Mr. Chair. I wanted to provide my community the opportunity to present a different interpretation of crime statistics in the City of Miami. I would be remiss if I did not really honor -- particular, there have been several families, but especially all of the families, but especially the McNeil family and all of the families and PULSE (People United to Lead the Struggle for Equality) and ministers who have been involved in this process. They have shown dedication, devotion, demeanor, diligence, decorum, deliverance, discipline, democracy, dignity, and determination. And someone may say, well, why is this is a big issue? I believe that especially those families who have lost loved ones in this process -- or in these processes. Had they or if they conducted themselves in a different manner, it could easily persuade or influence this community. While many people in the community would like to present the fact that the black community is very supportive of whoever the chief or whatever -- trust me. I'm the elected official in District 5 and it's very tense. And I believe that any time we can give an opportunity for people from the community to be heard, to be able to address
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some of their concerns without trying to play politics or trying to persuade people in one side of the community to fight the other side of the community, this is counterproductive to our community. This is not a personal slap at the chief, but it does aggravate me when statistics are given that may or may not necessarily be true. And so they -- I've asked them -- well, they've actually asked me could they come again and present some of their perspectives on the crime statistics presented by the chief and the police -- City of Miami Police Department. I think that this -- again, this is not to ask anyone to vote. But I just think we need to hear both sides because you can be manipulated in the process and propagandized and politicized, and it's important that we don't take this lightly, that we take it very seriously because, you know, as I share with the families who have lost loved ones, right, wrong or indifferent, whether you agree with them or not, they're in a very, very painful situation, and so at least we need to honor their Fifth Amendment constitutional right to be heard. And so with that in mind, I'm going to call Pastor Anthony Tate -- Dr. Anthony Tate of PULSE and others. Minister (UNINTELLIGIBLE), if you would come? Minister, if you could come as well? And they will just give just their perspective on some things. They've invited some other people. And then when they're finished, I wanted to submit something for the record.
Anthony Tate: First and foremost, we want to thank Commissioner Dunn for having the opportunity to come before the Commission and be heard. Today I have a group of individuals and a member from the family of Travis McNeil and definitely, you will hear from the son of Travis McNeil. We also have the ACLU (Americans Civil Liberties Union) with us today. One of the things that I can start off saying is that we are not at war with the City of Miami Police Department. I was honored several weeks ago to do the inauguration -- not the inauguration, but the invocation for the City of Miami baseball game where the City of Miami played the New York Police Department. I was honored to do the invocation where -- which we -- the City of Miami lost. The residents of District 5 is suffering, we feel, in District 5 from an abusive police force led by Chief Exposito; the chief, who has been defiant, who has been insubordinate to his superiors. One of the reasons where -- why I'm standing here today is really to emphasize the change or the need for change in the leadership of the City of Miami Police Department, beginning with the Chief Exposito, and even when -- as it relates to the newly -- the installed instituted hiring policy that I just found out about which requires that an individual must be certified before he become -- he can become hired by the City of Miami Police Department. This policy limits the number of African Americans or the low- and moderate-income citizens to becoming a police officer in the City of Miami based upon the ability to pay the tuition, and I believe that the tuition for the academy is approximately $6,500. I believe under the old policy, an -- individuals from the community who desire to become a police officer could do so under the old policy. The only qualification was this individual from the community, all he had to do was have a high school diploma or an equivalent, a GED (General Education Diploma), pass the standard aptitude test for the City of Miami, and then of course he would be recruited and sent to the academy. And based upon him completing the academy, this individual would be hired by the City of Miami. With this policy -- this new policy that the City is subjected to might be in violation of Title 7 because it disparately impact on certain protective classes. This policy reduces the amount of African Americans available to be a member of the City of Miami Police Department. According to the Department of Justice, who has now enforced a freeze, who has had a freeze enforced on the promotions -- for the position of lieutenant, based upon a lack of African Americans in that position, a consent decree between the police and the Department of Justice currently prohibits the City of Miami from offering the lieutenant exam. Issues regarding the test and desperate impact on those promoted made this measure necessary. As such, the City has not offered the lieutenant exam in approximately five years. It's alarming that there are 37 lieutenant positions in the City of Miami and two are only held by African Americans. There is a problem in the City of Miami Police Department. There's a problem in -- as it relates to the treatment or placement of African Americans in the leadership position. The City of Miami Police Department is headed in the wrong direction. It might be headed -- facing a major civil rights lawsuit. I'm really upset today because I can -- as a private citizen, I
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can see the difference in the policing in District 5 and other communities, if you would look at incidents that happened yesterday in our community for an example. There was a Hispanic male shot by officers. This man was shot in the arm and the leg. Hopefully, he's in good condition. Hopefully, this individual will survive. But this individual was shot in the arm and in the leg. This individual was taken immediately to the hospital. Individuals in District 5 are shot and killed and taken immediately to the morgue. That's a difference. There's a problem. There is also -- I'm startled by the statistics that has been given to you guys by the FDLE (Federal Department of Law Enforcement). It's startling. They have come in here and said that crime is down. According to the FDLE report, it says that crime is up 1.1 percent. This comes after a ten-year period where crime decreased. Murders are up at least 15.3 percent. What's alarming to me is the overall arrest rates are down. Have y'all seen the statistics? Have you received a memo?
Commissioner Dunn: Mr. Tate -- Dr. Tate, we'll pass them out for the record when you're finished so --
Mr. Tate: Okay. I wish we could have --
Commissioner Dunn: -- which was in turn -- let me just say this since you alluded. This -- these statistics actually come from Lieutenant Raimundo Socorro who's a lieutenant for the City of Miami Police communication section. I was asking could we have him come and make this presentation, but I believe the chief forbidded [sic] him for doing that, so we'll put it in the record anyway so that you'll have it. This comes from our Police Department not from the outside.
Mr. Tate: It's alarming to say that the chief can come in and say that crime is down when murder is up 15.3 percent. The overall arrests rates are down, 18.3 percent. There is a 16.5 percent decrease in self-initiated caused by patrols. That shows that the patrolmens [sic] are not being proactive. Also under Chief Exposito, there have been numerous African Americans demoted or transferred from their position in order to create a hundred-man task force, removing a hundred patrolmens [sic] from the streets. Maybe this have contributed to the increase of the crime rate. Listen to this. The City of Miami Police Department DROP (Deferred Retirement Option Plan) program consists of 45 percent African Americans. By the year of 2015 we would have lost at least 67 police officers from the Department. Mind you now, when we talking about the policies that has been instituted, that anybody that's hired must be certified or go through -- has -- now has to pay that money to go to the academy, which elimits [sic] the low- and moderate-income citizens. The individual that's coming out of high school, the individual who desires to be a policeman that do not have the $6,500 to pay to enter the academy, as far as we concern, cannot be hired by the City of Miami. It's going to eliminate a lot of the African Americans that is going to be patrolling our own community. It also has created an atmosphere that is not conducive to the -- for the African-American policemen and others who don't agree with the chief predatorial tactic, policy practice. In my closing, I would like to and want the Department to eliminate the very discriminatory policies of hiring certified police officers. We want the Police Department to follow the consent agreement which requires them to hire, promote blacks in the position of lieutenant or in leadership position. We would like the chief to dismantle the hundred-man task force and put these people back on the street. Crime is up. This task force has not deterred crime. Crime is up. Arrests are down. There's a problem here. There's a problem. We would like to see more of our police officers patrolling the street as they patrol in other communities, having a personal relationship with members of their community. We'd like to serve and protect. We don't have a problem with our officers. We think we have some very fine officers, but it's the culture, it's the mindset that has taken place. If you will, if you just take an opportunity, I want to bring up a young man that has been effected [sic] by Chief Exposito and the mindset and the culture of this Police Department. Travis McNeil. And maybe the City Manager or Chief Exposito can
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explain to this man why his daddy's not here, and he can explain what -- how -- what impact it had on him under this Administration.
Travis McNeil, Jr: The reason why I'm here is for the same thing. Why and why was my dad killed? Some people say that it's -- well, it's going to be all right, but I don't really believe that. Sometimes when I dream, I think about my dad, how he's been there for me sometimes, how he loved me. And even the most important thing, the last time I saw him, he -- well -- I don't know. I forgot. It was a long time ago. At the circus and the whole thing (UNINTELLIGIBLE) got -- it was the last time I saw him alive. At the funeral I saw him again but with a different face. He evenlooked different. But still, we should know the answers why. We should know more. We're are the people he cares about. And we care about him back. Thank you.
Mr. Tate: It's important that you listen to what the members of District 5 says. I know that in your district all is well, but all is not well in District 5 because our young mens [sic] are being gunned down. I thank God that last month we didn't have one killing in our community. Thank God for that. You can run. You can hide. You can skip meetings. You might not even vote. But these people are people. People in our community care about our police officer. They care about police force. They care about our elected officials. Do you care about them? You have the power to make a change. Somebody made a statement about people are suffering or the community is suffering at the disposal of a business. A community is suffering at the disposal of a Police Department and the policies and the precedents and the mindset that has now entered the City of Miami Police Department. You are headed for trouble trying to save money, only certified police officers, police officers that don't know our community, police officers that coming from Hialeah, down south that don't know the people, don't know the culture; limiting our -- and reducing the amount of African American, people that would be able to pay to be a part of the police force. You are creating a problem. I don't know how many memos come cross y'all desk, but it's factual. There is a problem in District 5 and it needs to be resolved by the Commissioners, the Mayor, and the City Manager. That's what you get paid for. I love all of y'all, but you get paid to serve and protect and to look after not only Hispanics but also -- not only white but also Haitians and African Americans. I'm upset today because the City Manager's not here. I'm upset today because he's not able to stand and just hear what this young boy says, how his father would not come home. That's amazing. Until it affect you and your family members, like it does this, you got to be on the other side of the fence. You are the Commissioners. I wish that I can be a Commissioner. I would do the right thing. I would have -- I wouldn't be afraid of Exposito, his crones, or anybody else. I would do what is right. I would take a vote today. People are putting they lives on the line. We have African-American police officers who are afraid, who wants to be here, who wants to give a testimony, but they afraid because of their position. They'll lose their job because of the habit, because of the chief of police and his staff. We got rid of and let go -- in my closing -- good officers. Adam Burton, very good, Demoted Bernard Johnson, promoted Dennis Jackson, demoted him the next day. It's crazy. This police force is out of control. The City of Miami issues Certificate of Use for slot machines and the chief and his cronies go arrest the people. The money that will cause -- would bring -- that would bring in revenue because of personal vendetta have stopped. Now we're facing major lawsuits. Who pays for that? Some of the residents in District 5, not just one, two, and three, but District 5. These people here that behind me that came out. Listen to them. Listen to us. You work for the people not for the chief. The chief supposed to work for the people. We're taxpayers and we're tied up. We're going to have the ACLU come up and make a statement.
John de Leon: Good afternoon, gentlemen. John de Leon, on behalf of the American Civil Liberties Union. I am the president of the Greater Miami ACLU. Before I talk about this situation with the police killing people in our community, I'd like to apologize to this gentleman, Victor Igwe, who's the auditor, who's a professional black man who fainted before this Commission and there were white Commissioners laughing at his predicament, and I
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thought that was shameful. I apologize as a taxpayer of the City on behalf of the people in this community. I would like to take up a -- the discussion as to the Civilian -- the CIP -- Investigative Panel. This Commission has power to do something over what is happening in this community in terms of the killings by the police officers primarily of African men. This morning I spoke to the mother of Ricardo Orta, a Hispanic male who was shot yesterday in Little Havana on Flagler and 14th Avenue, and I talked to the witnesses who all say this man was unarmed. The same way we've talked to the witnesses of people who have been shot, primarily African Americans in this community in District 5. We need to strengthen the CIP. There are four measures this Commission can do directly to do that. I was there when they started the CIP ten years ago, eleven years ago when I was president of the ACLU eleven years ago, when the people of this community voted to give them power because in other ugly time in this community, the police were killing African Americans crazily. One, you have an interim director of the CIP. It's time to have a permanent executive director of the CIP appointed by this Commission. Two, there's a program of interns and externs at the University of Miami Law School and the three other law schools in this community of participants who could work at the CIP and they're requesting it to start handling some of the investigations of police misconduct in this community. And I would ask you all to work with the City Attorney to see how we can get those interns from the law schools to be able to work with the CIP. Third, it's time to rebudget [sic] the CIP and take away the way the Commission has slashed the budget. You can go ahead and cut people's salaries who make $150,000, but we're talking about adding credibility to this community and what's going on here. You should relook at the budget of the CIP, which has been cut considerably. Additionally, the members of the CIP have been termed limited out. Many of them are still acting. This gentleman may have -- his contract may be coming up, the gentleman who fainted. Well, there are plenty -- there are several members of the CIP whose terms have been -- they have surpassed the limits on their term limits, yet the Commissioners here have not put forward the names of additional members or new members of the committee who can provide the sort of oversight for the actions of the Police Department. I've just provided four examples which I've talked about with our friends over at PULSE and the NAACP (National Association for the Advancement of Colored People) that the Commission can implement immediately. We need to beef up an organization to provide oversight. The state attorney unfortunately works with the very police officers that they're investigating to see if they've acted appropriately or whether these shoots are clean or not. We need independent review of these killings of primarily African-American men in this community. It's not happening with the State Attorney's Office. The people of this community voted for a CIP to provide that sort of independent review, and the Commissioners here have cut the budgets and have not paid attention to probably the single most important institution which can help provide that sort of independent review in this community. We're sitting on a powder keg. People are being killed and they will continue to be killed. You all have it within your power to make this community safer for young, primarily African-American men. But believe me, the killings are affecting everybody. I'd like to thank you for your attention and I'd like to continue to -- I'd like to introduce Louis Jepeway, who may have a few words from the board of the ACLU.
Louis Jepeway: Good evening, Ms. Bru, gentlemen. My name is Louis Jepeway. I'm an attorney in Miami. I'm a cooperating attorney with the ACLU and a board member of the ACLU. I cannot improve upon that which Mr. De Leon has stated, but please permit me to belabor the obvious, and I'm being a bit repetitious. The police do not work for the Police Department. They work for the citizens. It is absolutely essential that you support the CIP. And if I may be so bold, a failure to do so would be a dereliction of duty. Thank you.
Sheila McNeil: Good afternoon, Commissioners. My name is Sheila McNeil. I'm the mother of Travis McNeil, who was the seventh victim of the City of Miami Police Department. I stand here today 70 days after my son's death and I know no more now than I knew when I addressed you gentlemen the last time. I listened to my grandson, Travis, speak. Travis has a long road ahead of him. On top of growing up without his father, he also has autism. Me as a
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grandparent, along with his other grandparents, we do the best we can, but I just pray to God that he'll be okay. I wanted to ask you gentlemen what -- I know I don't really expect an answer, but I wanted to leave something on your heart about what do you guys plan on doing about the situation in our community. I don't see it getting any better. I've lived in Overtown most of my life and I've never seen it in the condition that it is right now. I -- a lot of us are not there because we choose to be. A lot of us are there because we don't have any place else to be. It's all we can afford to do right now. I lost my job in the recession and I'm doing the best I can for my family. I would love for our community, if we could turn back the hands of time and make things the way they used to be when people actually cared about each other, but it's not so. I don't even understand what kind of protection we as a community can expect from a Police Department that is so divided right now. We are -- it can't help but be divided. They may not openly speak about it, but you know there's got to be a certain amount of dissent in the community, inside the Police Department because of the situations that have occurred out on the street. That's something that you as our Commissioners need to address. And I would also like -- I wanted to speak to Mr. Crapp and ask him what is his position 'cause as of this day, we need to know how -- we don't know how he feels, where he stands, one way or another. He needs to make some type of decision, some type of stand. I thought that was a part of his job, to help protect the citizens here in Miami, especially the citizens in District 5. As Commissioner Dunn, he's been there for us 100 percent of the way, but he needs some of you gentlemen to also step up. Y'all supposed to be a team, you know, supposed to look out for us. And right now I feel like we don't have anybody out there doing anything in our own interests. I walk around the streets on my way to and from work and I can count the amount of black officers I see patrolling the area that I live in. The officers that I do see, they got their windows up, they usually on the phone. They not even -- regardless to what is going on around them, I mean, it's neither here nor there to them, you know. There -- it's almost like okay, I'm going to go in here and I'm going to do these ten, twelve hours, then I'm going to go back home to my family. Meanwhile we stuck with dealing with the dope, you know, anything else that goes on, the murders, you know. I've seen a whole lot of things going on in this community that could have been avoided if the people just acted more like they cared, particularly our officers. This is just -- who are just in it for a paycheck. We have some very good officers here in this City and I know this, but then we have a bunch of officers who are just taking it -- this is a job. I'm going to do this. I'm going to do my time and I'm going to go home. I'm going to collect my pension and, you know, oh, well. These people chose this position. This was a choice they made to protect and serve our community, and right now I just don't see it. I don't see it. I've called the police numerous of times and complained about drugs in my neighborhood and I've gotten no response. They come around, and I appreciate them showing up when they do show up, but it's usually too late, you know. I just want you people to -- just to stand up for us for a change, to show us that we, you know, not just spinning our wheels, that you actually do care about us as a people. We vote. We pay taxes. I figure we all human, you know. Where's the love? We deserve some of that, and right now I don't feel any of it. And as for my son, I just pray that justice will be served in his case because unlike a lot of the others, I feel his situation was totally different. My boy was murdered sitting in his vehicle and that's no way for anybody to die, you know. I just want to thank you folks for listening to me.
Commissioner Dunn: Excuse me, Mr. Chair. May I -- I just wanted to publicly thank you, Ms. McNeil and other families who have experienced the trauma that you have these last seven, eight months. And what am I thanking you for? I'm thanking you for being mature in this process. I don't think people realize how much -- and the reason I know this because they contact me. I don't contact them. I -- just like you get calls from your constituents, they call me, and this is what they -- They have a tremendous amount of influence in that Overtown area. And this lady right here, we owe her and some of the other family members who've lost loved ones, we owe them a debt of gratitude because -- and you know your father was through that -- all they have to do is say the word. And I appreciate the way you have handled it in terms of just trying to -- all people -- and again, they wanted to -- this is something that came from our
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Police Department just to give another perspective on some of the data that's been presented. And the worst thing that I don't like is -- I've been teaching in Bible study about deceit. I can't stand deceit. Deceit is of -- what I would teach in Bible study, it is of the devil. Whenever someone tries to deceive -- if you deal with the truth -- just like a minute ago I made a statement about the chief. My chief of staff came back and told me that you better get the facts. So I'm man enough to say you know what? I misstated that. Maybe there was some extenuation [sic] circumstances, and I think that's what we need. This is not no game. Whatever took place in your years -- and I'm -- and we're going to just -- whenever they're finished, we'll close it -- and whatever took place in the Police Department for whatever years, it's got to be fair to everybody. That's all. That's all the people are saying.
Ms. McNeil: That's all we want.
Commissioner Dunn: And let it fall where it does. But when people feel that a process is being manipulated -- and yes, you got black people who can be manipulated because they got personal agendas. You got black people that's going to do that. They want grants and funding from the Police Department. That doesn't mean they support it. But when you got people who saying -- and I have not -- trust me, I've not tried to invite -- I can get 20, 30 ministers in here at the snap of a finger, but I'm not trying to demagogue this process. I'm letting the families come and bring whatever they may. But I think people need to understand that -- just be fair. This process, if we do it right, regardless -- and I'm -- and I say this with all sensitivity -- of what the findings may be. If it's fair and it's right and people sense that it's fair and it's right and it's transparent, then we won't have to look back over our shoulders, and that's all I've been trying to do from day one when I was a big supporter of the chief. So this is what this is about. Just to put into the record so people will have -- 'cause we had the big, you know, dog and pony show about two weeks ago with all the big placards up here and the big -- you know, statistics on how crime has gone down, and maybe in some areas it is, but let's not skew the evidence, let's not -- you know, let's give it straight. Let's give it what it really is. Let's not try to yeast it or whatever. And I'm not trying to debate. I'm not going to debate nobody today. But I just wanted to say this is what -- and don't believe now that all is well in District 5 as it relates to the Police Department. It is not. And chief, you know it's not. So please, let's not do that. Let's not try to play games, take photo ops, and do this kind of thing to manipulate people because it's going to come back and it's going to come back in our faces, and that's what this is all about. Let's just try to do some prevention, be fair, and hopefully, as we move forward, we can do better, you know. And you know, I'm -- I pretty much said that I was finished with this issue with the chief, but it's the families that keep calling me. When they call, I respond. I've left it alone, but they come to me. And so as trying to be the representative for the people in the district, the organizations, this is the way I respond by at least giving them an opportunity to be heard and for it to be placed in the record. Thank you. But I do -- I honor you. I honor you, sir. I honor all of you now. As I've stated before and I won't state today, tonight I'm not going to say that all shootings were not justified. I'm not going to say that. I don't know, but I'm not going to say that. But it does make it difficult, especially when they're unarmed. And then there's a -- you know, there's a gloss over the situation. It's going to be business as usual. And let me just say this. I wasn't going to say this, but I need to say this. And I want him to get this message loud and clear. Last week, I believe -- and some black police officers gave this to me. There was a memo going around from the FOP (Fraternal Order of Police), from Vice President Ortiz, with the gentleman in Miami Gardens that was killed by the police. You didn't hear nobody jumping out on that because he allegedly shot a police off -- this was Miami-Dade County -- in South Dade. But a memo went out with this -- with supposedly this gentleman with some red devil eyes and demon sharp teeth. Mr. Ortiz, that is the most racist thing I've ever said -- seen in my life. If you sent that out, shame on you. And I'll get it and let you see it. That is what we do not need in the City of Miami. Now the shooting may have been justified. I'm not saying it wasn't. It appears to have been. But still, that is a very sensitive thing. And I wanted to call Mr. Ortiz out on that because -- and I want to say to the black police officers,
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you need to stand up for your rights. You know, you need to stand up. Because if I was a part of a police department and my chief said that I wasn't qualified, I'll put it all on the line. So I need to -- I'm not going to be fighting no battles for folk who won't fight for themselves. So I just need to say that and I'm -- we're going to hear from one or two more and then that's it. But I think we need to -- we're dealing with a situation. I got a call 'cause people think I'm the expert or the person -- they say they need you to come down there and fight for this family. I said I'm not fighting on that. I got a call. I get calls all the time. But I pray and ask God to help me to try to take best positions and the fair positions and the right positions. Now I'm not -- I've said too much already. But I just -- I'm not going out on every -- I'm not saying every time a police shoot somebody that it's something that there's -- it's not justified. I'm not going to say that. I've said it from day one. If a person has a gun, they put themselves in harm's way. I've said that from day one. And people have tried to take it and twist it. I've said that in the community. I said it from the dais here. But now when a person does not have a gun, it makes it -- you know, that puts us in a very tenuous situation, but I did want to say that. If it's true -- I'm going to get that, and I promise you, I'm going to get that and give it to each one of you all because I want you to see that we don't need that kind of hatred and racism in the City of Miami. And if he sent that out -- I'm going to give him the benefit of the doubt -- then shame on you. Yes, Dr. Tate, and we're going to wrap this up. It's not a joke.
Aaron Foster: Good afternoon. My name is Aaron Foster, Brandon Foster father. Brother Don King, I honor you, man, 'cause you in the right position to help us, man. You say what need to be said. You don't sugarcoat. You give us power to say yeah, we got somebody in that chair. Not saying Michelle wasn't going to do it, but we saying we glad you up in there. And I honor you, man. Thank you. What I'm up here, Chairmans [sic], to say that yesterday on the news that they say all, you know, the killings was justified. You understand what I'm saying. But I got some photos. Can I let you see them -- let y'all see them? But chief -- I'm going to turn your way 'cause you the man I'm speaking with -- I understand that they say if you got a gun, that the police life will be in jeopardy. But if you got a gun and you turn going the opposite way or don't show the gun, that mean the police life in danger. I remember one time, chief, before you got in there, it was Officer Friendly with the coloring books, come to the schoolhouse, deal with the community, know the old and elder peoples, know the young peoples, that made love in the community. It wasn't all about, you know, weapons then. But seems like, you know, we got in a police force now, we got hit mans, the same as the guys on the street running around with guns on the street, but they ain't got no badge, they ain't got no rights, but they say they got license, street license. Not saying you personally ain't doing your job, but when y'all tell me killing my son is justifiable, no, man. You can't tell me that, chief. If it was a way that my son did something to harm one of them officers, I say you know what, chief? That was justified 'cause -- somebody would have did it to me, I probably would have did the same thing, but it wasn't like that, man. It wasn't like that, chief. And by you -- if you got any relatives, son, daughter, grandkids, you'll feel the same way I feel right now. All I got, pictures and obituary of my son to remember him, and his [sic] grandbaby. But yet and still, on the news, it's justifiable. Come on, chief. That wasn't the answer we was looking for, man. And by being a man, you know, mans [sic] do man things. I hope one day you can come to me and say, look, I'm the chief. Them my boys behind me, so I had to look out for my boys. Or tell me something to make me feel better than I'm feeling right now. And then I would say yeah, you's [sic] a good chief, chief. But right now, I don't even see it, man. Thank you.
Lyle Muhammad: My name is Brother Lyle Muhammad, community liaison, the nation of Islam, 5600 Northwest 7th Avenue, here on behalf of our beloved family and also the community representatives that are working with PULSE. For the record, how long ago was it when we were here? Has it been a month yet?
Commissioner Dunn: Month and a half or so.
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Mr. Muhammad: Month and a half. More than 30 days. I want to give honor to God and ask God to guide whatever comes from my mind through my mouth, and I want to ask God to continue to bless our families and our citizens who suffer in Miami and across this world from injustices. And also, I want to ask God to make those of us who lack heart but know the truth to act as if we were fighting on behalf of children that came from our own loins. Now why do I say that? I don't know what any of you have done over the last 30 or more or so days since we were last here. I don't know. I know what I heard and I know what I experienced. And now I can come back and tell you I know what I've now researched and what I found out, and I'll share some of that with you. It just seems as though from my life experience -- I mean, I've seen a black man get beaten down with videos shown all across the world and it was called justified. I've seen black men shot 20, 30, 40 times and it be called justified. So pardon me when I hear reports about justifiable homicide if I'm not moved. What I'd like to share first -- and when I say I did my own investigation, I did an impartial investigation. You know, these people who were trying to say that those who were standing up on this particular issue were justice or antipolice, that's very weak. It's very weak and fragile. As a matter of fact, I talked to several police officers at this point off the record. And the reason why it's off the record and they don't want to be identified is because they do fear censure, harm, or the loss of their job. And many of these police officers who I've talked to -- I'm talking about veterans, double digit years, 20-plus years - I'll just share a couple of things that a few of them said that I thought was quite interesting and I hope you do too, and I'll tell you why in a minute. First, I had an officer who's been a veteran of the force for many, many years. I won't say the exact amount of years because I don't want people trying to pinpoint, you know, but more than 20 and maybe close to 30. And as they're studying this, this is inside the Police Department. There's an internal rift going on right now between community policing and this new style tactical squad policing. These aren't my words. As a matter of fact, one of the police officers actually said that the only reason why we're not experiencing unrest -- these aren't my words -- the only reason we're not experiencing unrest in our communities right now is because the foundation of the work that was laid through community policing in the past. Otherwise, our cities, particularly in the fifth district, will be in civil unrest right now. I had another veteran tell me that in their more than 20 years of policing that there's actually more tension within the Police Department than they've ever seen it and a lot of that is racial tension. I've also had a police officer tell me -- another veteran of more than 20 years -- and by the way, these are black, these are Latinos, these are white police officers. I've talked to many. And in talking to them, there's also an understanding that the level of cultural training and sensitivity that needs to be done, particularly because of where we live, there's not even any training going on in terms of that. And then I just begin to think for a minute as I'm listening to these particular things. And I had another officer tell me, another double-digit veteran, that he's afraid to speak out on what he's personally experienced in terms of racial injustice. Why am I sharing these things? I begin to take a look at some things and sitting down with the Mayor and the Mayor's upset with the police chief. I'm just investigating. I -- doing some research and finding out that other people in the community are upset with the police chief, but these are all people who have defended him before. So I begin to ask myself but why and what's going on and why is everyone who has power to do something, even though they have a particular view, choosing not to use their power, be it the power that the City Manager has to act, be it the power that the Commissioners had to act on a vote of no confidence. You do have that power. Be it the power that the Mayor or anything else that stated in our statute, but nobody's doing anything. Everybody's sitting back. So I had to ask myself well, what's going on? So as I begin to do further research -- you know, it was the honorable Elijah Muhammad who said that research was best qualified -- or that history was best qualified to reward our research -- and I begin to look at some of the histories concerning our Police Department in the black community, and I want to share two quick things and then a closing statement. This is a great book that all of you should already have. It's called Black Miami in the 20th Century by Marvin Dunn. Fascinating historical piece for anyone who wants to learn about the history of black Miami. Me personally, I want to learn about the history of all Miami because I live here, particularly in a position of service.
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But I thought it very, very interesting and I'll share this with you. Dunn talks about in a chapter on the Dade County civil rights movement. He says that at that time J. Kingsley (phonetic) think Miami police Commissioner answered the request of the City's blackboard of trade and employee officers who declared that they wanted to see some black police officers. And you know what he said to them? He says as a direct result of their request, the police began a strict enforcement on the laws aimed at blacks by raiding the area in which they lived. Police Chief Raymond Dylan also opposed the hiring of colored officers and joined the police Commissioner in effectively turning down requests. There was even concern for the safety of the new patrolmen. According to a black police officer hired in 1947, it wasn't until 1963 could a black Miami police officer even arrest whites. I know what people are saying. Well, what are you reading all that for? That's just about yesterday. Is it really about yesterday? Chapter entitled "Prelude to the 1980 Riot," it talks about what sparked it. And obviously, it wasn't poverty because we would have been sparked some unrest if it had to do with poverty, but it came down to injustice. And there's a leaking faucet right now in our city and some people are paying more attention probably to a potential finance leaking faucet, and I'll close with that. But in this piece it becomes very, very clear. It talked about 1982 and 1989; both involved Hispanic police officers killing young blacks. Says, for many the next race riot is only one news cast away. You don't think that's true, though, but let's just flip the script on what happened last night and change a few things. And I ask you what do you think you'll be faced in the City of Miami today? Now, let me just get straight to the point. You all should read this and read those chapters. I will forward them to you all personally so that you have them. As I began to research this, I kept hearing this talk about this video, this video, this video, this video. So I said, well, you know what? Let me see the video. For the record, I watched it for the first time this week. And even though I'm sure you've all already seen it, I want to make sure you have your personal copy. Now I watched the video and I formalized my thoughts and my views on it, but I'm not here to share my thoughts and my views on it. But there's something very interesting. And I began to look at those who produced the video. And as I began to look at those who produced the video, I came across a firm called Bischoff & Hervey and they're partners in this big entertainment industry. So I say what does that have to do with anything? Well, it seems to be that this promo was about a television show, a reality television show, and as it's being promoted, the investigation I saw, that it was actually up for bid as to what network wanted to pick it up. And it's interesting too that this firm actually has ties to some of the very same individuals that just basically ran a cue in Miami-Dade County government. Do your own research on that. But the bottom line is that these individuals have a philosophy that if you're going to do a reality television program that the culture where you live, it must reflect what you want it to, and you can have an influence on changing that, particularly when millions and millions and millions of dollars are involved. Somebody's getting paid if this reality television program comes to Miami. Somebody might have already been paid because obviously they've been here shooting some footage. Who's being paid? And what are they being paid to promote? And then we begin to start looking at these things. Who's remaining quiet? Are they remaining quiet because they're getting paid? Are there some contracts that are in dispute with the film industry or something? And is black life still at such a low premium today that we would change a whole culture of a police department for money? Would we do that? Yes, we would? Why? Because we would sit idly by, wouldn't even put together a research team -- I'm not saying that you all have done this, but I would like to hear from you. I think they deserve to hear from you. What are your thoughts? Do you think it should be investigated? Do you think it's a moot point? Do you think it's not a concern to you? I mean, but to say nothing and to do nothing. It's politics as usual, politics, policy, and police, POLIO. That means control of the masses. That's not what I said. That's what the word says. That's what the word means. Oh, by the way, I close with this. Words. Predator. You know, to be honest, chief, I gave you the benefit of the doubt when I watched that video, sir, that when you used the language or the word predator, that you didn't mean that exactly. And in all fairness, I haven't heard any of your public statements about it. Maybe it was a different word you were looking for or something. I don't know. But maybe the word fit. But I just want to read to you
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the definition of the word predator. Predator, an animal that naturally preys on others; a rapacious exploited person or group. Predator, one that victimizes, plunders, or destroys; the act of plundering or marauding. When you look at the image makers of the mass media that promotes the violence in our communities and don't have anything to say about that, maybe you haven't seen it. I close with this last quote from someone in the entertainment industry that works very closely with the firm that produced that DVD (Digital Versatile Disc). This is what they say. Location, location, location. The setting of any movie or TV (Television) show is always important to me as the culture of a place definitely shapes the people who live there. Is there a reshaping going on of the police force for money? Is there people sitting by quietly who have power to do something and not do anything? Are they sitting still because they waiting to get a check too? I'm asking questions. And I'm being very, very sincere. I'm being very sincere. The history of injustice in black communities across America -- I mean, you've been living under a rock if you don't know about that. And if we're going to make a difference in Miami, then I think we need some answers. So I think people deserve to hear what you all have to say. We don't even have to agree, but they at least deserve to know where do you stand? See, 'cause there's something very strange about a fence sitter. Someone who just sits on the fence, that means they're putting their own priorities above the priorities of justice. I would have more respect for you men -- I would have more respect for you if you said you know what, I disagree with everything you said. That's just not my stance or my position. I would have a great deal of respect. But to know that there may be some things going on and not say anything. And just so you know, I'm not just talking idly. I've made some commitments to do because of the fear the community has of the Police Department. I've taken on some personal challenges. I'm working with a program now -- you all, I'm sure, are familiar with the program that teaches first and second graders 911. I personally taken on the charge to make sure every child in the fifth district gets to go to that exhibit. I've done that. I've taken on the charge to make sure -- since we got so many black police officers right now afraid to speak out, I've taken on the charge right now to make sure every black child living in Overtown or Liberty City visits that black police museum. My question to you is what charges are we taking on? And do anything have anything to do with our scope of power or is it just business as usual? Because I'm telling you, saw a lot of strange things happening in the country. You can take what I'm about to say or leave it alone, but it's strange things happening in the country. These strange weather patterns and strange things. There's somebody that does sit high and look low. If you don't know who that person is, maybe it 'cause you just too low. But if you do, you know that righteousness and justice will not be denied. It might be denied to us or slowed down by us by our lack of activity or action. Oh, but the mighty God that we all serve will bring every last one of us to justice. I'd love to see a police department that would model something that this whole world can revere. I mean, why not at least bring in some experts to find out what we can be doing better, even if you love those who are in charge right now. But when black life is being played for a dollar, somebody got to say something. I'd like to hear what you gentlemen have to say. Thank you.
Commissioner Dunn: Mr. Chairman.
Chair Gort: Yes, sir.
Commissioner Dunn: Thank you so much for the family and those who came; to my colleagues, thank you for listening. I know that sometimes the hour's late, but I believe we need to hear -- at least to hear. And I would say this, the decision on whether the chief stays or goes is solely in the hands of the City Manager.
Mr. Muhammad: Could we hear from anybody?
Chair Gort: Okay. Do I have a motion to adjourn?
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Mr. Muhammad: Can -- no, no, no, no. Wait a minute. When I say can we hear from anybody --
Vice Chair Carollo: Meeting to adjourn.
Mr. Muhammad: -- does that mean yes or no?
Chair Gort: No.
Mr. Muhammad: Thank you, sir.
Chair Gort: You're welcome.
Mr. Muhammad: Thank you.
ADJOURNMENT
The meeting adjourned at 8:55 p.m.
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