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					         City of Miami
            City Hall
     3500 Pan American Drive
         Miami, FL 33133
        www.ci.miami.fl.us




        Meeting Minutes

Thursday, September 22, 2005

                 9:00 AM
    PLANNING AND ZONING


City Hall Commission Chambers




      City Commission

              Manuel A. Diaz, Mayor
             Joe Sanchez, Chairman
        Angel González, Vice Chairman
 Johnny L. Winton, Commissioner District Two
 Tomas Regalado, Commissioner District Four
  Jeffery L. Allen, Commissioner District Five
           Joe Arriola, City Manager
       Jorge L. Fernandez, City Attorney
       Priscilla A. Thompson, City Clerk
City Commission                  Meeting Minutes   September 22, 2005


                                 CONTENTS

PR - PRESENTATIONS AND PROCLAMATIONS

MV - MAYORAL VETOES

AM - APPROVING MINUTES

CA - CONSENT AGENDA

M - MAYOR'S ITEMS

D1 - DISTRICT 1 ITEMS

D2 - DISTRICT 2 ITEMS

D3 - DISTRICT 3 ITEMS

D4 - DISTRICT 4 ITEMS

D5 - DISTRICT 5 ITEMS

PH - PUBLIC HEARINGS

SR - SECOND READING ORDINANCES

RE - RESOLUTIONS

DI - DISCUSSION ITEMS

                                   PART B
PZ - PLANNING AND ZONING ITEMS




City of Miami                         Page 2         Printed on 10/14/2005
City Commission                                Meeting Minutes                                  September 22, 2005


The minutes are transcribed verbatim. Periodically, agenda items are revisited during a
meeting. "[Later..]" refers to discussions that were interrupted and later continued.
9:00 A.M.           INVOCATION AND PLEDGE OF ALLEGIANCE
                    Present: Vice Chairman González, Commissioner Winton, Chairman Sanchez, Commissioner
                    Regalado and Commissioner Allen
                    On the 22nd day of September 2005, 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 Chairman Joe Sanchez at 9:29 a.m., recessed at
                    12:16 p.m., reconvened at 2:37 p.m., and adjourned at 5:39 p.m. (Commissioner González was
                    in at 9:37 a.m.)

                    ALSO PRESENT:

                    Joe Arriola, City Manager
                    Jorge L. Fernández, City Attorney
                    Priscilla A. Thompson, City Clerk
                    Sylvia Scheider, Assistant City Clerk

                    Chairman Sanchez: Oh, and we -- I apologize; we need to do the pledge of allegiance. Please
                    stand up.

                    Commissioner Allen: Yes.

                    Chairman Sanchez: Well -- yeah, let's -- I forgot the invocation.

                    Invocation and pledge.

PRESENTATIONS AND PROCLAMATIONS


                    Commissioner Winton presented Certificates of Appreciation to Lilian Dones and Santiago
                    Villegas for their outstanding commitment to preserving public green spaces in selfless volunteer
                    work during the aftermath of Hurricane Katrina by leading the replanting of 10 uprooted
                    gumbo-limbo, oak, and palm trees at Kenneth Myers Park in Coconut Grove.

                    Chairman Sanchez: All right. We'll go ahead with the presentation and proclamations. I
                    believe Commissioner Winton has two certificates of appreciation he will be issuing this
                    morning.

                    Commissioner Winton: Yes, I do.

                    Presentations made.

                    Chairman Sanchez: That concludes our presentation and proclamations.

MAYORAL VETOES
                    NO MAYORAL VETOES


                    Chairman Sanchez: Moving right along on the agenda, we'll go into the presentation and
                    proclamations, followed by the mayoral vetoes, which, I believe, on the record, there are none.

                    “[Later…]”

City of Miami       Chairman Sanchez: For the record, there are no mayoral vetoes.
                                                  Page 3                                           Printed on 10/14/2005
City Commission                                     Meeting Minutes                                    September 22, 2005

                        Chairman Sanchez: For the record, there are no mayoral vetoes.

ORDER OF THE DAY


                        Chairman Sanchez: (INAUDIBLE) Thursday, September 22, 205 [sic], here at City Hall, 2500
                        [sic] Pan American Drive. I want to call the meeting to order, which we did earlier today.
                        Anyone -- any person who acts as a lobbyist, pursuant to City of Miami Ordinance 11469, must
                        register with the City Clerk before engaging in any lobbying activity before this legislative body
                        or any board or committee in the City. Any person making slanderous remarks will be
                        respectfully asked to leave. We also do not allow any clapping, applauding, heckling, or verbal
                        outbursts in support or in opposition of a speaker in this chamber. Any person who seeks to
                        address this Commission, all they need to do is contact the Clerk's Office to speak in front of this
                        legislative body. What we want to do is -- I think we have a very light agenda. This is a PZ
                        (planning & zoning) agenda. We shouldn't have any problems with the consent agendas, and we
                        do have a couple of time certain items that we -- well, they're not time certain, but we want to
                        give the public an ample opportunity to get here and address those.

                        “[Later…]”

                        Chairman Sanchez: All right. We could get some of these PZ (planning & zoning) items out of
                        the way, noncontroversial. Let's just go ahead and get them out of the way, so we could come
                        back this afternoon, possibly take up -- PZ.12 and 15 will be this afternoon, and then, of course,
                        we'll handle the supplement agenda this afternoon. That'll be one of the items that we'll address
                        as soon as we get back.

                                               CONSENT AGENDA

CA.1      05-00978      RESOLUTION
   Department of        A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Conferences,         ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY
   Conventions and      MANAGER APPROVING THE FINDINGS OF THE EVALUATION
   Public Facilities    COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO.
                        04-05-075R, THAT THE FIRM MOST QUALIFIED TO PROVIDE
                        CONCESSION SERVICES AT THE COCONUT GROVE EXPO CENTER, FOR
                        THE DEPARTMENT OF CONFERENCES, CONVENTION AND PUBLIC
                        FACILITIES IS KARLEN FOODS, INC.; AUTHORIZING THE CITY MANAGER
                        TO EXECUTE A CONCESSION AGREEMENT, IN SUBSTANTIALLY THE
                        ATTACHED FORM, WITH KARLEN FOODS, INC., FOR A ONE-YEAR
                        PERIOD, WITH THE OPTION TO EXTEND FOR A MAXIMUM OF TWO
                        ADDITIONAL ONE-YEAR PERIODS.
                         05-00978 Legislation.pdf
                         05-00978 Exhibit.pdf
                         05-00978 Summary Form.pdf
                         05-00978 Final Tabulation Results.pdf
                         05-00978 Memo.pdf

                        This Matter was ADOPTED on the Consent Agenda.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0553

CA.2      05-00979      RESOLUTION
City of Miami                                             Page 4                                          Printed on 10/14/2005
City Commission                                   Meeting Minutes                                September 22, 2005

   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Economic              ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A
   Development           GRANT AWARD FROM THE STATE OF FLORIDA, DEPARTMENT OF
                         ENVIRONMENTAL PROTECTION ("DEP"), FOR THE CONSTRUCTION OF
                         THE BAYWALK AT THE PUBLIC BOAT RAMP LOCATED ON WATSON
                         ISLAND, IN THE AMOUNT OF $50,000, WITH A LOCAL MATCH PROVIDED
                         BY THE MIAMI PARKING AUTHORITY, IN THE AMOUNT OF $50,000;
                         FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEP
                         AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO
                         IMPLEMENT ACCEPTANCE OF SAID GRANT.
                          05-00979 Legislation.pdf
                          05-00979 Exhibit 1.pdf
                          05-00979 Exhibit 2.pdf
                          05-00979 Exhibit 3.pdf
                          05-00979 Exhibit 4.pdf
                          05-00979 Exhibit 5.pdf
                          05-00979 Exhibit 6.pdf
                          05-00979 Exhibit 7.pdf
                          05-00979 Summary Form.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0554

CA.3      05-00980       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Economic              ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE
   Development           FOURTH AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO
                         THE AMENDED AND RESTATED OPERATING AGREEMENT ("AMENDED
                         AGREEMENT"), BETWEEN THE CITY OF MIAMI ("CITY") AND THE
                         DEPARTMENT OF OFF-STREET PARKING ("DOSP"), DATED AUGUST 8,
                         2002, AS AMENDED, FOR THE CITY TO PROVIDE ADDITIONAL GRANT
                         FUNDS IN THE AMOUNT OF $50,000, TO DOSP, FOR FUNDING THE
                         DESIGN AND CONSTRUCTION OF THE BAYWALK AT THE BOAT RAMP
                         PARKING LOT TO BE LOCATED ON WATSON ISLAND, MIAMI, FLORIDA,
                         SUBJECT TO: 1) THE DOSP PROVIDING MATCHING FUNDS IN THE
                         AMOUNT OF $50,000; AND 2) THE DOSP'S COMPLIANCE WITH CERTAIN
                         TERMS AND CONDITIONS RELATED TO THE USE OF FUNDS, AS MORE
                         PARTICULARLY SET FORTH IN THE AMENDED AGREEMENT;
                         ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO.
                         333126, B #75000.




City of Miami                                           Page 5                                     Printed on 10/14/2005
City Commission                                   Meeting Minutes                                September 22, 2005

                          05-00980 Legislation.pdf
                          05-00980 Exhibit 1.pdf
                          05-00980 Exhibit 2.pdf
                          05-00980 Exhibit 3.pdf
                          05-00980 Exhibit 4.pdf
                          05-00980 Exhibit 5.pdf
                          05-00980 Exhibit 6.pdf
                          05-00980 Exhibit 7.pdf
                          05-00980 Exhibit 8.pdf
                          05-00980 Exhibit 9.pdf
                          05-00980 Exhibit 10.pdf
                          05-00980 Summary Form.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0555

CA.4      05-00981       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
   Fire-Rescue           RESOLUTION NO. 04-0703, ADOPTED OCTOBER 28, 2004, WHICH
                         ESTABLISHED AND APPROPRIATED FUNDS FOR A NEW SPECIAL
                         REVENUE FUND ENTITLED "FEMA/USAR GRANT AWARD, FISCAL YEARS
                         2004-2006 FUND;" AUTHORIZING THE ACCEPTANCE OF ADDITIONAL
                         FUNDS AND INCREASING APPROPRIATIONS IN THE AMOUNT OF
                         $35,000, RECEIVED FROM THE FEDERAL EMERGENCY MANAGEMENT
                         AGENCY TO COVER TRAVEL/ADMINISTRATION COSTS NECESSARY FOR
                         THE SOUTH FLORIDA URBAN SEARCH AND RESCUE PROGRAM,
                         INCREASING THE APPROPRIATION AMOUNT FROM $938,035 TO THE
                         AMOUNT OF $973,035; CORRECTING THE RESOURCES NAME TO
                         REFLECT SAME; FURTHER AUTHORIZING THE CITY MANAGER TO
                         EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE
                         OF SAID GRANT.
                          05-00981 Legislation.pdf
                          05-00981 Summary Form.pdf
                          05-00981 Agreement Award Cover Page .pdf
                          05-00981 Asst. Award Amendment.pdf
                          05-00981 Budget Info Table.pdf
                          05-00981 Budget Narrative.pdf
                          05-00981 Cooperative Agreement.pdf
                          05-00981 Previous Legislation.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0556

CA.5      05-00982       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW
   Fire-Rescue           SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD,

City of Miami                                           Page 6                                     Printed on 10/14/2005
City Commission                                   Meeting Minutes                                September 22, 2005

                         FISCAL YEAR 2005" AND APPROPRIATING FUNDS, IN THE AMOUNT OF
                         $892,000, CONSISTING OF A GRANT FROM THE FEDERAL EMERGENCY
                         MANAGEMENT AGENCY ("FEMA"), TO BE USED BY THE DEPARTMENT OF
                         FIRE-RESCUE TO ACQUIRE EQUIPMENT, PROVIDE TRAINING,
                         MANAGEMENT AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN
                         SEARCH AND RESCUE ("USAR") PROGRAM; AUTHORIZING THE CITY
                         MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
                         NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID
                         GRANT AWARD.
                          05-00982 Legislation.pdf
                          05-00982 Summary Form.pdf
                          05-00982 Agreement Award Cover Pg.pdf
                          05-00982 Letter from FEMA.pdf
                          05-00982 Budget Info Table.pdf
                          05-00982 FEMA Agreement Articles.pdf
                          05-00982 Natl Urban Search Articles.pdf
                          05-00982 FEMA Cooperative Agreement.pdf
                          05-00982 South Florida Budget Narrative.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0557

CA.6      05-00983       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Police                ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND
                         ENTITLED: "COPS HELPING OUR INNER-CITY CHILDREN EXCEL
                         PROGRAM," FOR THE DEPARTMENT OF POLICE, CONSISTING OF A
                         GRANT FROM THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE, IN
                         THE AMOUNT OF $75,000 AND AN IN-KIND SERVICES MATCH FROM THE
                         CITY OF MIAMI POLICE DEPARTMENT, IN THE AMOUNT OF $17,658, FOR
                         A TOTAL AMOUNT OF $92,658; AUTHORIZING THE CITY MANAGER TO
                         ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS,
                         IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT
                         ACCEPTANCE OF SAID GRANT.
                          05-00983 Legislation.pdf
                          05-00983 Exhibit 1.pdf
                          05-00983 Exhibit 2.pdf
                          05-00983 Exhibit 3.pdf
                          05-00983 Exhibit 4.pdf
                          05-00983 Exhibit 5.pdf
                          05-00983 Exhibit 6.pdf
                          05-00983 Exhibit 7.pdf
                          05-00983 Exhibit 8.pdf
                          05-00983 Exhibit 9.pdf
                          05-00983 Exhibit 10.pdf
                          05-00983 Exhibit 11.pdf
                          05-00983 Summary Form.pdf
                          05-00983-Summary Fact Sheet.pdf


City of Miami                                           Page 7                                     Printed on 10/14/2005
City Commission                                   Meeting Minutes                                September 22, 2005


                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0558

CA.7      05-00984       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Police                ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND
                         ENTITLED: "MIAMI CIVIL CITATION PROGRAM," FOR THE CITY OF MIAMI
                         DEPARTMENT OF POLICE, CONSISTING OF A GRANT FROM THE
                         FLORIDA DEPARTMENT OF JUVENILE JUSTICE, IN THE AMOUNT OF
                         $50,000 AND AN IN-KIND SERVICES MATCH, FROM THE CITY OF MIAMI
                         POLICE DEPARTMENT, IN THE AMOUNT OF $10,000, FOR A TOTAL
                         AMOUNT OF $60,000; AUTHORIZING THE CITY MANAGER TO ACCEPT
                         SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN
                         SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE
                         OF SAID GRANT.
                          05-00984 Legislation.pdf
                          05-00984 Exhibit 1.pdf
                          05-00984 Exhibit 2.pdf
                          05-00984 Exhibit 3.pdf
                          05-00984 Exhibit 4.pdf
                          05-00984 Exhibit 5.pdf
                          05-00984 Summary Form.pdf
                          05-00984-Summary Fact Sheet.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0559

CA.8      05-00985       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Planning              ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND
                         ENTITLED: "VIRGINIA KEY MASTER PLAN COASTAL ZONE MANAGEMENT
                         PROGRAM" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN AN
                         AMOUNT NOT TO EXCEED $100,000, CONSISTING OF A GRANT FROM
                         THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL
                         PROTECTION ADMINISTERING FEDERAL FUNDS FROM THE NATIONAL
                         OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD
                         COASTAL ZONE MANAGEMENT PROGRAM (DEP NO. CZ603), FOR
                         DEVELOPING THE VIRGINIA KEY MASTER PLAN, IN THE AMOUNT OF
                         $50,000, WITH A LOCAL MATCH PROVIDED BY THE CITY OF MIAMI, IN
                         THE AMOUNT OF $50,000; FURTHER AUTHORIZING THE CITY MANAGER
                         TO ACCEPT SAID GRANT AND TO EXECUTE AN AGREEMENT, IN
                         SUBSTANTIALLY THE ATTACHED FORM, AND TO PROVIDE ALL OTHER
                         NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT ACCEPTANCE OF
                         AND COMPLIANCE WITH SAID GRANT.


City of Miami                                           Page 8                                     Printed on 10/14/2005
City Commission                                   Meeting Minutes                                September 22, 2005

                          05-00985 Legislation.pdf
                          05-00985 Exhibit 1.pdf
                          05-00985 Exhibit 2.pdf
                          05-00985 Exhibit 3.pdf
                          05-00985 Exhibit 4.pdf
                          05-00985 Exhibit 5.pdf
                          05-00985 Exhibit 6.pdf
                          05-00985 Exhibit 7.pdf
                          05-00985 Exhibit 8.pdf
                          05-00985 Summary Form.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0560

CA.9      05-00986       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
   Fire-Rescue           OF CHIEFTAIN SAFETY MANUFACTURING, RECEIVED ON AUGUST 9,
                         2004, PURSUANT TO INVITATION FOR BIDS NO. 03-04-123, FOR THE
                         PROCUREMENT OF FIREFIGHTERS' PROTECTIVE CLOTHING, FOR THE
                         DEPARTMENT OF FIRE RESCUE, FOR A TWO-YEAR PERIOD, WITH THE
                         OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT
                         AN ESTIMATED ANNUAL AMOUNT NOT TO EXCEED $104,375, FOR AN
                         ESTIMATED TOTAL CONTRACT AMOUNT NOT TO EXCEED $417,500;
                         ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED $104,375, FOR
                         FISCAL YEAR 2005-2006, FROM THE FIRE-RESCUE OPERATING BUDGET,
                         ACCOUNT CODE NO. 001000.280601.6.075, WITH FUTURE FISCAL YEAR
                         FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL.
                          05-00986 Legislation.pdf
                          05-00986 Summary Form.pdf
                          05-00986 Award Recommendation.pdf
                          05-00986 Tabulation of Bids.pdf
                          05-00986 Bid Security List.pdf

                         This Matter was ADOPTED on the Consent Agenda.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0561

CA.10 05-00987           RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING
   Police                RESOLUTION NO. 04-335, ADOPTED MAY 27, 2004, FURTHER AMENDED
                         BY RESOLUTION NO. 05-0188, ADOPTED MARCH 24, 2005, FOR THE
                         PROVISION OF UNIFORMS AND ACCESSORIES FOR THE DEPARTMENT
                         OF POLICE, BY CHANGING MARTIN'S LAMAR UNIFORMS GROUP 1
                         ALTERNATE BID TO GROUP 1 BASE BID.




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City Commission                                  Meeting Minutes                                September 22, 2005

                         05-00987 Legislation.pdf
                         05-00987 Summary Form.pdf
                         05-00987 Text File Report.pdf
                         05-00987 Text File Report 2.pdf
                         05-00987 Master Report.pdf
                         05-00987-Summary Fact Sheet.pdf

                        This Matter was ADOPTED on the Consent Agenda.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0562

CA.11 05-00990          RESOLUTION
   Department of        A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Hearing Boards       ATTACHMENT(S), APPOINTING JUAN CARLOS CURA AND MICHAEL
                        CONGORA AS SPECIAL MASTERS TO SERVE AS HEARING OFFICERS TO
                        PRESIDE OVER CODE ENFORCEMENT AND OTHER SIMILAR HEARINGS
                        AND PROCEEDINGS AND TO RENDER WRITTEN FINDINGS AND
                        RULINGS, AS MAY BE REFERRED TO THEM BY THE CITY MANAGER;
                        AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL
                        PROFESSIONAL SERVICES AGREEMENTS, IN SUBSTANTIALLY THE
                        ATTACHED FORM, ON AN AS-NEEDED CONTRACT BASIS, FOR A
                        ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE
                        ADDITIONAL ONE-YEAR PERIOD, IN A TOTAL ANNUAL AGGREGATE
                        AMOUNT NOT TO EXCEED $30,000; ALLOCATING FUNDS IN THE
                        AMOUNT NOT TO EXCEED $30,000, FROM ACCOUNT CODE NO.
                        001000.820101.6.270, FOR FISCAL YEAR 2005-2006, WITH FUTURE
                        FISCAL YEAR FUNDING, SUBJECT ONLY TO BUDGETARY APPROVAL.
                         05-00990 Legislation.pdf
                         05-00990 Exhibit 1.pdf
                         05-00990 Summary Form.pdf

                        This Matter was ADOPTED on the Consent Agenda.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0563

CA.12 05-01021          RESOLUTION
   Office of the City   A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Attorney             ATTACHMENT(S), APPROVING AMENDMENTS TO THE INTERLOCAL
                        AGREEMENTS BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE
                        COUNTY, MORE PARTICULARLY DESCRIBED IN "EXHIBITS A THROUGH
                        D," ATTACHED AND INCORPORATED, FOR THE NATOMA MANORS
                        ROVING PATROL SECURITY GUARD SPECIAL TAXING DISTRICT,
                        CREATED UNDER CITY ORDINANCE NO. 11787, THE BAY HEIGHTS
                        ROVING PATROL SECURITY GUARD SPECIAL TAXING DISTRICT,
                        CREATED UNDER CITY ORDINANCE NO. 11476, THE MORNINGSIDE
                        SECURITY GUARD SPECIAL TAXING DISTRICT, CREATED UNDER CITY
                        ORDINANCE NO. 11460 AND THE FAIRHAVEN ROVING PATROL
                        SECURITY GUARD SPECIAL TAXING DISTRICT, CREATED UNDER CITY
City of Miami                                         Page 10                                     Printed on 10/14/2005
City Commission                                    Meeting Minutes                                  September 22, 2005

                        ORDINANCE NO. 11641, FOR THE PURPOSE OF ESTABLISHING THE
                        OFF-DUTY PAY RATE OF THE CITY POLICE OFFICERS PROVIDING THE
                        APPLICABLE COMMUNITIES WITH ROVING SECURITY GUARD SERVICES;
                        AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENTS,
                        FOR SAID PURPOSE.
                         05-01021 Legislation.pdf
                         05-01021 Exhibit 1.pdf
                         05-01021 Exhibit 2.pdf
                         05-01021 Exhibit 3.pdf
                         05-01021 Exhibit 4.pdf
                         05-01021 Cover Memo.pdf

                        This Matter was ADOPTED on the Consent Agenda.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0564

CA.13 05-01022          RESOLUTION
   Department of        A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
   Conferences,         CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA FISH &
   Conventions and      WILDLIFE CONSERVATION COMMISSION ("FWC"), FOR THE BOATING
   Public Facilities    INFRASTRUCTURE GRANT PROGRAM, FOR THE DREDGING OF THE
                        BRENNAN CHANNEL AT DINNER KEY MARINA PROJECT ("PROJECT"),
                        FOR THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
                        FACILITIES, IN AN AMOUNT NOT TO EXCEED $1,000,000; AUTHORIZING
                        THE ALLOCATION OF REQUIRED MATCHING FUNDS FOR TWENTY-FIVE
                        PERCENT (25%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO
                        EXCEED $250,000, FROM THE HOMELAND DEFENSE BOND CAPITAL
                        IMPROVEMENT PROJECT NO. 326015, B-30247, ENTITLED "DINNER KEY
                        MARINA DREDGING;" FURTHER AUTHORIZING THE CITY MANAGER TO
                        EXECUTE THE NECESSARY DOCUMENTS, FOR SUBMISSION OF THE
                        FWC GRANT APPLICATION FOR FISCAL YEAR 2005-2006 AND TO
                        ACCEPT THE TERMS AND CONDITIONS AS STATED HEREIN AND
                        SUBJECT TO SAID GRANT APPLICATION.
                         05-01022 Legislation.pdf
                         05-01022 Summary Form.pdf

                        Motion by Commissioner Allen, seconded by Vice Chairman González, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0567

                        Chairman Sanchez: And we have CA.13 for discussion, and that is the dredging of the Virginia
                        Key Marina, OK. Commissioner Allen, you're recognized for the purpose of discussion.

                        Commissioner Allen: Yes, Mr. Chairman, this should go rather quickly. This will be largely
                        directed, I guess, to the City Manager. I understand the funding mechanism here and the
                        financing apparatus here. We're going to seek funding from the Homeland Defense fund, if you
                        will, a matching, a 25 percent matching, but I guess my question goes to the issue of -- this is
                        dredging, and I may recall, Mr. City Manager, several agenda sessions ago, I requested some
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City Commission                               Meeting Minutes                                    September 22, 2005

                  funding for -- funding mechanisms for the Wagner Creek dredging as it relates to Spring Garden
                  district, which is part of my district, those individuals, so I was just wondering, has the City
                  Manager come up with a similar financing scheme whereby -- I did make a suggestion, taking
                  money from the Homeland Defense Bond, but I haven't got a response, so I'm just curious. Can
                  we use this same sort of model to look for funding, or to seek funding relative to the dredging of
                  that portion of the --

                  Joe Arriola (City Manager): Yeah.

                  Commissioner Allen: -- District 5?

                  Mr. Arriola: You know, we're looking at it, and I think that it's two different animals; one is a lot
                  more expensive than the other.

                  Commissioner Allen: Well, yeah, I agree, but maybe some level of funding --

                  Mr. Arriola: Yeah. This is --

                  Commissioner Allen: -- some --

                  Mr. Arriola: -- just dredging, and the other one is --

                  Commissioner Allen: Yeah.

                  Mr. Arriola: -- more of a cleanup.

                  Commissioner Allen: Similar.

                  Mr. Arriola: Yeah, but we do have it.

                  Commissioner Allen: We can --

                  Mr. Arriola: Our biggest problem with that (UNINTELLIGIBLE) -- Mary could explain it --

                  Commissioner Allen: Right.

                  Mr. Arriola: -- it's where do we put the dredging, and we're looking at options right now.

                  Commissioner Allen: Yeah, this is still --

                  Mr. Arriola: Good options.

                  Commissioner Allen: -- an outstanding issue, but my question is the funding mechanism, and we
                  could use this similar model, am I correct? We can take at least a percentage out of the
                  Homeland Defense Bond to augment any other existing funding that might be available. That's
                  what I wanted to get from you guys so I can tell my constituents we have identified funding
                  sources or financing mechanism, so --

                  Mary Conway: Mary Conway, CIP (Capital Improvement Projects) and Transportation. No,
                  Commissioner. The funding source that's proposed for this item that's before you today --

                  Commissioner Allen: Right.

                  Ms. Conway: -- for the dredging is coming from the bond out of a specific line item for citywide
                  waterfront facilities. It's not a fund source that could be (INAUDIBLE) for the dredging of

City of Miami                                       Page 12                                         Printed on 10/14/2005
City Commission                               Meeting Minutes                                  September 22, 2005

                   Wagner Creek or Seybold Canal, but as the Manager mentioned, we met this past week --
                   actually, this week, at the beginning of the week, with the Corps of Engineers to talk about the
                   dredging project. We're setting a meeting for next week with DERM (Department of
                   Environmental Resources Management), with John Renfro, to continue the discussions regarding
                   the dredging, and we'll be looking as soon as we've had those discussions and have a better
                   handle on how we'll be able to treat the material and the process for treating it to come up with
                   the remaining fund sources, so the fund source out of the Homeland Defense Bond would not be
                   applicable to Wagner Creek or Seybold, but we are continuing, as we committed to you, to work
                   on the dredging mechanism and the fund balance for the unfunded portion for that project.

                   Commissioner Allen: OK, thank you.

                   Chairman Sanchez: All right.

                   Commissioner Allen: OK. I move CA.13, Mr. Chairman.

                   Chairman Sanchez: OK. There's a motion to approve CA.13 by Commissioner Allen. Is there a
                   second?

                   Vice Chairman González: Second.

                   Commissioner Winton: Second.

                   Chairman Sanchez: Second by Vice Chairman González. The item is under discussion. No
                   further discussion on the item. All in favor, say “aye.”

                   The Commission (Collectively): Aye.

                   Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries,
                   and that takes care of the consent agenda.

CA.14 05-01026     RESOLUTION
   Department of   A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Police          ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNT OF
                   COMPENSATION PAYABLE TO MIAMI-DADE COLLEGE, NORTH CAMPUS,
                   SCHOOL OF JUSTICE, PURSUANT TO AN AGREEMENT FOR THE
                   PROVISION OF BASIC LAW ENFORCEMENT TRAINING TO POLICE
                   OFFICER AND PUBLIC SERVICE AIDE RECRUITS, FOR THE DEPARTMENT
                   OF POLICE, PURSUANT TO RESOLUTION NO. 03-941, ADOPTED
                   SEPTEMBER 11, 2003, IN AN AMOUNT NOT TO EXCEED $50,000,
                   INCREASING THE TOTAL AMOUNT OF THE AGREEMENT FROM $164,000
                   TO $214,000, FOR FISCAL YEAR 2004-2005; ALLOCATING FUNDS FROM
                   THE POLICE GENERAL OPERATING BUDGET ACCOUNT CODE NO.
                   001000.290201.6.270; FURTHER AUTHORIZING THE CITY MANAGER TO
                   EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
                   FOR SAID INCREASE.
                   05-01026 Legislation.pdf
                   05-01026 Exhibit 1.pdf
                   05-01026 Summary Form.pdf
                   05-01026 Memo from Purchasing Dept..pdf
                   05-01026 Agreement.pdf
                   05-01026-Summary Fact Sheet.pdf


City of Miami                                      Page 13                                        Printed on 10/14/2005
City Commission                                   Meeting Minutes                                September 22, 2005


                        This Matter was ADOPTED on the Consent Agenda.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0565

CA.15 05-01041          RESOLUTION
   Office of the City   A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Attorney             ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
                        AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
                        WEST, A THOMSON BUSINESS, FOR WESTLAW, A COMPUTER
                        ASSISTED LEGAL RESEARCH SERVICE, FOR THE OFFICE OF THE
                        CITY ATTORNEY, FOR A THREE-YEAR PERIOD, IN A FIRST-YEAR
                        AMOUNT NOT TO EXCEED $34,500, WITH EACH YEAR THEREAFTER
                        INCREASING THE AMOUNT BY THREE PERCENT, FOR A TOTAL
                        AMOUNT NOT TO EXCEED $106,632.
                         05-01041 Legislation.pdf
                         05-01041 Exhibit 1.pdf
                         05-01041 Exhibit 2.pdf
                         05-01041 Exhibit 3.pdf
                         05-01041 Exhibit 4.pdf
                         05-01041 Cover Memo.pdf

                        This Matter was ADOPTED on the Consent Agenda.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0566
Adopted the Consent Agenda

                        Motion by Commissioner Regalado, seconded by Vice Chairman González, including all
                        the preceding items marked as having been adopted on the Consent Agenda. The motion
                        carried by the following vote:
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                                          Consent Agenda Minutes

                        Chairman Sanchez: And we move on to the consent agenda. Commissioner Winton, you could
                        have your glasses back.

                        Commissioner Winton: Oh, thank you. I need those. I can't read without them.

                        Chairman Sanchez: OK, and as always on the consent agenda, we'll let the Administration --
                        Mr. City Manager, are there any consent agenda items you would like to pull? Mr. City
                        Manager, any consent agenda items that you want to pull for discussion?

                        Joe Arriola (City Manager): No, sir.

                        Chairman Sanchez: All right. Mr. Attorney?

                        Jorge L. Fernández (City Attorney): No.

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City Commission                                Meeting Minutes                                  September 22, 2005


                     Chairman Sanchez: No. Commissioner Allen?

                     Commissioner Allen: Yes. CA.13, discussion, please.

                     Chairman Sanchez: CA.13 for discussion. Vice Chairman González?

                     Vice Chairman González: No, sir.

                     Chairman Sanchez: None. Commissioner Regalado?

                     Commissioner Regalado: No, sir.

                     Chairman Sanchez: None. Commissioner Winton?

                     Commissioner Winton: No.

                     Chairman Sanchez: OK, so therefore, why don't we do something? Let's approve the remaining
                     consent agenda items, and we'll bring CA.13 up for discussion. Is there a motion?

                     Commissioner Regalado: Move it.

                     Vice Chairman González: Move --

                     Chairman Sanchez: There's a motion by Commissioner Regalado. Is there a -- there's a second
                     by Vice Chairman González. It is open for discussion. Hearing no discussion on the item, all in
                     favor, say “aye.”

                     The Commission (Collectively): Aye.

                     Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.

                              MAYOR AND COMMISSIONER'S ITEMS

                                               CITYWIDE
                              HONORABLE MAYOR MANUEL A. DIAZ

M.1       05-01039   ORDINANCE                                                          Emergency Ordinance
                     (4/5THS VOTE)
                     AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
                     AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2 OF THE CODE OF THE
                     CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED
                     "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS
                     FOR CREATION AND REVIEW OF BOARDS GENERALLY" AND DIVISION 3
                     OF SAID CHAPTER AND ARTICLE OF THE CITY CODE ENTITLED
                     "MAYOR'S INTERNATIONAL COUNCIL" TO PROVIDE SEPARATE QUORUM
                     REQUIREMENTS FOR THE MAYOR'S INTERNATIONAL COUNCIL; MORE
                     PARTICULARLY BY AMENDING SECTIONS 2-887 AND 2-923(F) OF THE
                     CITY CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY
                     CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
                     05-01039 Legislation.pdf
                     05-01039 Legislation from 09-22-05 Meeting.pdf

City of Miami                                        Page 15                                       Printed on 10/14/2005
City Commission                              Meeting Minutes                                   September 22, 2005

                  DEFERRED


                  A motion was made by Commissioner Allen, seconded by Vice Chairman González, and was
                  passed unanimously, to defer Item M.1.

                  Chairman Sanchez: Are there any regular items that will -- the Administration will be pulling? I
                  believe there is one, the Mayor's M.1 is being asked that it be pulled. State it for the record, so
                  we can make a motion.

                  Jesse Manzano: Mr. Chair, Jesse Monzano, executive director of the Mayor's International
                  Council, and we are requesting that this item, M.1, be pulled from today's agenda.

                  Chairman Sanchez: All right.

                  Commissioner Allen: I was wondering, yeah.

                  Chairman Sanchez: There is a motion on the table --

                  Commissioner Allen: Right.

                  Chairman Sanchez: -- to defer the item. Commissioner Allen.

                  Commissioner Allen: Yeah, I second that, of course. I had some concerns.

                  Chairman Sanchez: Commissioner Allen makes the motion, Vice Chairman González seconds it.
                  It's open for discussion. Hearing no discussion on the item, all in favor, say “aye.”

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.
                  The item has been deferred.




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City Commission                                    Meeting Minutes                                  September 22, 2005


                                                  DISTRICT 1
                                   VICE CHAIRMAN ANGEL GONZÁLEZ

                                                  DISTRICT 2
                                  COMMISSIONER JOHNNY L. WINTON

D2.1      05-00993      RESOLUTION
                        A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
                        ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED
                        BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT
                        COMMITTEE, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR
                        COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006.
                        05-00993 Legislation.pdf
                        05-00993 Exhibit.pdf

                        Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Regalado
                        Absent: 1 - Commissioner Allen

                        R-05-0568

                        Chairman Sanchez: All right. Let's go ahead and go on with the blue pages. Commissioner
                        González.

                        Vice Chairman González: No, I don't have any blue pages.

                        Chairman Sanchez: OK. Commissioner Winton.

                        Commissioner Winton: Yes. This is part of our annual budget, and this is a recommendation to
                        approve the proposed budget of Coconut Grove Business Improvement Committee, which is
                        attached, incorporated as part of this coming fiscal year's budget --

                        Chairman Sanchez: All right.

                        Commissioner Winton: -- and so, I would move that.

                        Chairman Sanchez: Is --

                        Commissioner Regalado: Second.

                        Chairman Sanchez: There is a motion by Commissioner Winton, second by Commissioner
                        Regalado. The item is under discussion. It is a resolution; doesn't require a public hearing. All
                        in favor, say “aye.”

                        The Commission (Collectively): Aye.

                        Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.
                        Madam Clerk, let the record reflect 4/0.


City of Miami                                            Page 17                                       Printed on 10/14/2005
City Commission                                   Meeting Minutes                                 September 22, 2005

                                                 DISTRICT 3
                                         CHAIRMAN JOE SANCHEZ

                                                 DISTRICT 4
                                  COMMISSIONER TOMAS REGALADO

D4.1      05-00977      RESOLUTION
                        A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
                        ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO THE
                        FLAGAMI FIESTA, IN AN AMOUNT NOT TO EXCEED $500, TO THE SAN
                        MIGUEL NOVEMBER FESTIVAL AND IN AN AMOUNT NOT TO EXCEED
                        $500; TO THE LIVING WORD BAPTIST CHURCH; ALLOCATING FUNDS IN
                        THE TOTAL AMOUNT NOT TO EXCEED $1,500, FROM THE DISTRICT 4
                        ROLLOVER ACCOUNT CODE NO. 001000.920921.6.930.
                        05-00977 Legislation.pdf

                        Motion by Commissioner Regalado, seconded by Vice Chairman González, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Regalado
                        Absent: 1 - Commissioner Allen

                        R-05-0569

                        Chairman Sanchez: All right. Commissioner Regalado, you're recognized.

                        Commissioner Regalado: Thank you, Mr. Chairman. This is a resolution authorizing the
                        allocation of funds, in an amount not to exceed $500, to the Flagami Fiesta festival, in an
                        amount not to exceed $500, to the San Miguel November festival, and in an amount not to exceed
                        $500, to the Living Word Baptist Church; allocating funds in the total amount not to exceed
                        $1,500, from the District 4 account. So move.

                        Chairman Sanchez: All right. There is a motion by Commissioner Regalado on his blue page
                        item, which is D4-1.

                        Vice Chairman González: Second.

                        Chairman Sanchez: Second by Vice Chairman González. The item is under discussion.
                        Hearing no discussion on the item, all in favor, say “aye.”

                        The Commission (Collectively): Aye.

                        Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries,
                        Madam Clerk, 4/0.

                                                 DISTRICT 5
                                  COMMISSIONER JEFFERY L. ALLEN




City of Miami                                            Page 18                                    Printed on 10/14/2005
City Commission                                      Meeting Minutes                                   September 22, 2005


                                                PUBLIC HEARINGS

PH.1      05-00991       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Economic              ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
   Development           GRANT OF TEMPORARY CONSTRUCTION EASEMENT, IN
                         SUBSTANTIALLY THE ATTACHED FORM, WITH STATE OF FLORIDA
                         DEPARTMENT OF TRANSPORTATION ("GRANTEE"), FOR THE PURPOSE
                         OF GRANTING GRANTEE THE RIGHT TO USE APPROXIMATELY 0.101
                         ACRES OF CITY-OWNED PROPERTY LOCATED AT 1400 NORTHWEST
                         37TH AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS MELREESE GOLF
                         COURSE, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A,"
                         ATTACHED AND INCORPORATED, AS A CONSTRUCTION STAGING AREA
                         FOR A PERIOD NOT TO EXCEED SEVEN MONTHS.
                          05-00991 Legislation.pdf
                          05-00991 Exhibit .pdf
                          05-00991 Summary Form.pdf
                          05-00991 Public Notice Memo.pdf
                          05-00991 Public Notice Ad.pdf

                         Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                         be ADOPTED PASSED by the following vote.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0570

                         A direction to the Administration by Vice Chairman González to ensure that the State of Florida
                         Department of Transportation make all necessary restorations after their use of the Melreese
                         Golf Course as a construction staging area.

                         Chairman Sanchez: All right. Commissioner Allen just stepped out for a minute. I don't believe
                         he has any blue page items, but we'll get back to him. All right, we'll get back to him. Let's go to
                         PH.1, which is a public hearing, and that is from the Department of Economic Development.
                         Are you prepared? All right. Come on, let's move it. Let's go.

                         Commissioner Winton: We've got a Commission meeting going.

                         Chairman Sanchez: Let's go, PH.1.

                         Commissioner Winton: Anybody from the Manager's staff interested in the Commission
                         meeting? Excuse me. Mr. Manager, Mr. Manager.

                         Chairman Sanchez: Commissioner Allen, do you have any blue page item?

                         Commissioner Allen: No, I do not.

                         Chairman Sanchez: OK.

                         Commissioner Allen: I'm sorry, Mr. Chairman.

                         Chairman Sanchez: Mr. Manager, we have PH.1, which is a public hearing. It is a resolution,
                         and the Department of Economic Development needs to be present. She's here? All right, sorry
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City Commission                                 Meeting Minutes                                    September 22, 2005

                     about that.

                     Laura Billberry (Acting Director, Department of Economic Development): Sorry.

                     Chairman Sanchez: We're just moving along here.

                     Ms. Billberry: I thought you were going to the Commission items. I apologize. Lori Billberry,
                     Economic Development. This was an easement -- it's a temporary easement for Melreese -- at
                     the Melreese Golf Course. This is in connection with construction being done by FDOT (Florida
                     Department of Transportation) and it is temporary, and it does not impact the golf course.

                     Commissioner Winton: So move.

                     Chairman Sanchez: All right. There is a motion by Commissioner Winton, second by --

                     Vice Chairman González: Second.

                     Chairman Sanchez: -- Vice Chairman González. Before we open it up for discussion from the
                     legislative body, it is a public hearing, requiring public participation. Anyone from the public
                     wishing to address this item, please step forward and be recognized. Seeing none, hearing none,
                     for the record, the public hearing is closed, coming back to the Commission. Any discussion on
                     the item?

                     Vice Chairman González: Just a simple question. They're going to use this site as a staging
                     area, right, for their equipment? I hope that once they're done and finish, they leave the place as
                     they found it when they got there.

                     Ms. Billberry: They do have to restore the area. That's part of the easement.

                     Vice Chairman González: I don't want to have the same problem that I have with the CIP
                     (Capital Improvement Projects) constructions in my district, that they go and do a street; they
                     destroy the entire neighborhood to do one single street, and then they leave the neighborhood
                     destroyed. I hope that they take care of it.

                     Ms. Billberry: We will make sure of that.

                     Vice Chairman González: All right, thank you.

                     Chairman Sanchez: All right. No further discussion on the item. It is a resolution. All in favor,
                     say “aye.”

                     The Commission (Collectively): Aye.

                     Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.

10:30 A.M. (A sign language interpreter translated discussion of Items PH.2 and PH.3)

PH.2      05-00992   RESOLUTION
   Department of     A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A GRANT
   Community         FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
   Development       DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE FUNDS, IN THE
                     AMOUNT OF $99,200, FOR THE ELDERLY ASSISTANCE PROGRAM, FOR
                     CONSTRUCTION REHABILITATION OF FACILITIES PROVIDING SERVICES
                     TO ELDERLY RESIDENTS; AUTHORIZING THE CITY MANAGER TO
                     EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE
City of Miami                                         Page 20                                         Printed on 10/14/2005
City Commission                                    Meeting Minutes                                   September 22, 2005

                        OF SAID GRANT.
                         05-00992- Legislation.pdf
                         05-00992- Summary Form.pdf

                        Motion by Commissioner Allen, seconded by Vice Chairman González, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen
                        Absent: 1 - Commissioner González

                        R-05-0576

                        Chairman Sanchez: So we have to wait till 10:30 for the PH.2, Public Hearing 2 and 3 because
                        it was advertised for 10 a.m., and we do have the translator here, so we're going to have to wait
                        on that.

                        Chairman Sanchez: All right. Let's go back to PH.2 and 3. Those were time certain at 10:30.
                        We do have the translator here, and we want to make sure that we get him out of here as quickly
                        as possible. Is Barbara Rodriguez -- ? Yes. All right. These were properly advertised for
                        10:30, and these are CDBG (Community Development Block Grant) --

                        Barbara Gomez-Rodriguez (Director, Community Development): PH.2.

                        Chairman Sanchez: Right. PH.2 is accepting a EDI (Economic Development Initiative) grant
                        funds.

                        Ms. Gomez-Rodriguez: Right. Barbara Rodriguez, Department of Community Development.
                        We're requesting approval to accept a grant for $99,200 to be utilized for construction rehab of
                        facilities providing service to the elderly.

                        Chairman Sanchez: All right.

                        Commissioner Allen: I move the item.

                        Chairman Sanchez: All right. Hold -- let me -- all right. It's a resolution. There is a motion on
                        the floor by Commissioner Allen. Is there a second?

                        Vice Chairman González: Second.

                        Commissioner Regalado: Second.

                        Chairman Sanchez: Second by Vice Chairman González on the item. The item is open for
                        discussion. Before we open it up for discussion on the dais, let's go ahead and open up the
                        public hearing. Is there anyone in the public wishing to address this item, please step forward
                        and be recognized. Seeing none, hearing none, the public hearing is closed.

                        Commissioner Allen: No, no. It's not -- hadn't --

                        Ms. Gomez-Rodriguez: It's not your item.

                        Commissioner Regalado: I have a question.

                        Commissioner Allen: Next item.

                        Chairman Sanchez: Your item is next item.

City of Miami                                            Page 21                                        Printed on 10/14/2005
City Commission                               Meeting Minutes                                      September 22, 2005

                  Commissioner Allen: Next item.

                  Leroy Jones: Oh, I'm sorry.

                  Commissioner Regalado: I have a question here.

                  Chairman Sanchez: PH.3. All right. The public hearing on this item is closed, coming back to
                  the Commission. Commissioner Regalado, you're recognized.

                  Commissioner Regalado: Thank you, Mr. Chairman. On these monies for rehabilitation of
                  facilities, do we have an exact target for this rehab of facilities?

                  Ms. Gomez-Rodriguez: No. We're going to be requesting a request for proposals.

                  Commissioner Regalado: And what we plan to do is what with this program?

                  Ms. Gomez-Rodriguez: It's going to be to rehab anything that is wrong; ADA (Americans with
                  Disabilities Act) compliance. We're looking for energy efficiency, things of that nature --

                  Commissioner Regalado: OK.

                  Ms. Gomez-Rodriguez: -- but it has to be a facility that there is elderly in it; that they live in that
                  facility, so those are the type of facility we were going to recruit.

                  Commissioner Regalado: OK. We -- just a question. We had the bad fortune of Katrina
                  damage several homes of people without insurance. Just for the benefit of the people -- because
                  I know that your department had been working very hard on this matter, but have we approved
                  any project for people who homes were damaged and don't have insurance? And by the way,
                  they do not get the FEMA (Federal Emergency Management Agency) direct help, so --

                  Ms. Gomez-Rodriguez: If we're doing the $15,000 emergency, we can waive the insurance. We
                  have not been approved to waive insurance if it's more than 15,000; it would go into the $30,000
                  rehab. I know that you gave us two cases; that we're working on it, and we feel that they are
                  going to qualify under the $15,000 threshold.

                  Commissioner Regalado: Yeah, because they do not have any --

                  Ms. Gomez-Rodriguez: Right.

                  Commissioner Regalado: -- insurance at all.

                  Ms. Gomez-Rodriguez: Right, right.

                  Commissioner Regalado: At all. OK. Thank you.

                  Chairman Sanchez: All right. Any further questions on this item? It's a resolution. I just have
                  some questions. Barbara, what are we -- you know, in the past, we got in some trouble with
                  these funds. What are we doing -- what is your administration doing to make sure that we
                  comply and make sure that we please the HUD (Department of Housing and Urban
                  Development) requirements?

                  Ms. Gomez-Rodriguez: Well, first of all, it's going to be through an RFP (Request for Proposal),
                  and we're going to make sure that it is eligible. We're very grateful that this is the second grant
                  that we have obtained in many years, so they feel that we're ready to handle new money, so
                  basically, I tell you that we will comply and we will not have any issues.

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City Commission                                      Meeting Minutes                                   September 22, 2005


                         Chairman Sanchez: And these funds are for construction rehabilitation at facilities that serve
                         senior citizens?

                         Ms. Gomez-Rodriguez: Correct.

                         Chairman Sanchez: And we do have plenty of them here in our community.

                         Ms. Gomez-Rodriguez: Correct.

                         Chairman Sanchez: All right. All right. Any further discussion on the item? It is a -- we had a
                         public hearing. The public hearing was closed, so we vote on the issue. It's a resolution. All in
                         favor, say "aye."

                         The Commission (Collectively): Aye.

                         Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries
                         4/0.

PH.3      05-01040       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Community             ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR
   Development           COMMUNITY DEVELOPMENT GRANT FUNDS, AS SPECIFIED IN
                         "ATTACHMENT A," ATTACHED AND INCORPORATED, IN THE TOTAL
                         AMOUNT OF $500,000; ALLOCATING SAID FUNDS TO NEIGHBORS AND
                         NEIGHBORS ASSOCIATION, INC., FOR THE REHABILITATION OF THE
                         BUILDING FACADES FOR BUSINESSES BETWEEN NORTHWEST 54TH
                         AND 58TH STREET ALONG NORTHWEST 7TH AVENUE, MIAMI, FLORIDA;
                         AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
                         SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID
                         PURPOSE.
                          05-01040 Legislation.pdf
                          05-01040 Exhibit 1.pdf
                          05-01040 Exhibit 2.pdf
                          05-01040 Summary Form.pdf
                          05-01040 Public Notice.pdf
                          05-01040-Submittal.pdf
                          05-01040-Submittal.1.pdf

                         Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be
                         ADOPTED WITH MODIFICATIONS PASSED by the following vote.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                         R-05-0577

                         A motion was made by Commissioner Winton, seconded by Commissioner Allen, and was passed
                         unanimously, to modify proposed resolution on item PH.3 by requiring participating property
                         owners to reimburse the City of its allocation to the business owner, if the property is sold before
                         three (3) full years of ownership since the allocation was made, at a declining rate as follows:
                          - 100% reimbursement to the City if sold after three years of ownership
                          - 75% reimbursement to the City if sold after four years of ownership
                          - 50% reimbursement to the City if sold after five years of ownership
                          - 25% reimbursement to the City if sold after six years of ownership
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City Commission                              Meeting Minutes                                   September 22, 2005

                  - 10% reimbursement to the City if sold after seven years of ownership
                  - full grant after eight years of ownership.

                  Chairman Sanchez: All right. PH.3 is a resolution.

                  Barbara Gomez-Rodriguez (Director, Community Development): PH.3, we're requesting
                  approval to fund Neighbors and Neighbors $500,000 to do a rehab of buildings, the facade
                  along 54th through 58th Street, along 7th Avenue. It's going to be called the Osun Village
                  project, and the money is coming from contracts that are closed and contracts where agency
                  have advised us that they will no longer need the dollars, and that those contracts are
                  Department of Capital Improvement project on the Town Park building; City of Miami
                  Department of Off-Street Parking, $250,000 that was used to do parking along 54th Street;
                  Downtown Miami Partnership, a closed contract for 12,466.71; Super Kids Christian Day Care,
                  Inc., 84,973.75; Edgewater Economic Development Corporation, which closed, $1,280; Kidco
                  Childcare, 6,178.54, and CRA (Community Redevelopment Agency), on the Grand Promenade,
                  $20,101.

                  Chairman Sanchez: All right. Leroy, you ready for your presentation?

                  Commissioner Allen: Yeah. Mr. Chairman, I'd like to move the item for presentation purpose as
                  well, and --

                  Chairman Sanchez: All right. There's a motion to approve the item. It's a resolution. Is there a
                  second?

                  Commissioner Regalado: Second.

                  Commissioner Allen: But what I'd like to do is --

                  Chairman Sanchez: Well, hold on, Commissioner. There's a motion and a second. The motion,
                  for the record, is made by Commissioner Allen, second by Commissioner Regalado. The item is
                  under discussion at this time, but let's go ahead and allow Leroy to present the presentation, and
                  then we'll go ahead and take it from there. All right, Leroy, you're recognized. State your name
                  and address for the record.

                  Leroy Jones: Leroy Jones, Executive Director, Neighbors and Neighbors, 180 Northwest 62nd
                  Street. Commissioners, today we seeking your -- this body support for the Osun Village project.
                  As you see, it details a little more just regular facade. We talking about commercial
                  revitalization, so we talking about really changing the whole outside appearance of the structure
                  of the building, where the entrance lead into the 54th Street to 58th Street corridor at 7th
                  Avenue. NANA (Neighbors and Neighbors Association), it would be the administrator of the
                  program. We have successfully done 34 commercial rehab projects. My agency is the only
                  agency in Dade County that have ever done commercial rehab. I mean, extent -- farther than
                  just regular facade, where we did interior and exterior renovations, but this project is only for
                  exterior renovations because we want to show more of the physical appearance of the building,
                  and that corridor really needs some changes, so it needs to go beyond just the regular facade. It
                  -- we really need to change the physical appearance of that, and if you look at it, it has some
                  two-story buildings already on that avenue, so just to sperse up the rehab of it, we sure will make
                  it a tourist attraction in the Model City/Liberty City area, so with that, I'd like to call up Mr.
                  Nathaniel Styles to respond on the project, if you may, and Mr. Holland. They are the architects
                  of this project. In the package that we submitted you all, we jointly worked with the Burger King
                  project on 54th Street and 7th Avenue, and that Burger King gross more money than any Burger
                  King in the southern part of Florida. It's the only Burger King that has an outside patio where
                  people come in now and have meetings at that Burger King because of the way the physical
                  appearance has changed on it, so Mr. Nathaniel, if you'd like to.

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                  Nathaniel Styles: The primary objective --

                  Chairman Sanchez: Sir, you need to state your name and address for the record.

                  Mr. Styles: Nathaniel Styles, KDI Architecture, 5601 Northwest 7th Avenue, Miami, 33127. The
                  objective of the Osun's Village project is to create a cultural tourism destination in Liberty City.
                  Osun, as many people know, is the Yoruba deity of art, love, diplomacy, culture, and the concept
                  is to create it as an international point whereas all the cultures celebrate the arts and the
                  diversity of Miami's multiethnic origin.

                  Harlan Woodard: Yes, and what you see here are --

                  Ms. Thompson: I'm --

                  Mr. Woodard: Oh, excuse me. My name is Harlan Woodard, with KDI Architecture, same
                  address. What you see --

                  Ms. Thompson: I'm sorry, sir. I didn't get your name.

                  Mr. Woodard: Harlan Woodard, and what you see here are sample renderings of showing what
                  the buildings would look like once we've done -- once we've completed the renovations.
                  Shantel's Lounge, which is located on the corner of 54th and 7th Avenue, which is directly across
                  the street from Burger King, we just bought a sample rendering of the before and after image of
                  what that look like, bringing in some New Orleans-style architecture and something very unique
                  to the area, with two-story covered areas; just organizing some of the activities of outdoor
                  cooking that's already there. With Afro-In Books and Things, we're looking to build that out
                  closer to the street, and you can see the forms and unique architectural features that are located
                  there. We are -- we have more glazing, more volume to show, more transparency, more activity
                  of commerce within the particular area so we can stimulate further commercial development,
                  further commercial patronage within that particular area, so it's just a matter of cost-effectively
                  organizing what's already there, enhancing it, and making it appealing to tourists and local
                  patrons.

                  Commissioner Allen: OK.

                  Ms. Gomez-Rodriguez: I do want to say the City of Miami is only going to be paying for
                  construction costs; there is no administration fees. Two, the City -- Miami-Dade County will be
                  funding $200,000 for the project, so basically, we would be paying for the actual construction
                  that it will take place.

                  Chairman Sanchez: All right. All right. This is a public hearing. Is there anyone from the
                  public wishing to address this item, please step forward and be recognized.

                  Grady Muhammad: Good afternoon. Grady Muhammad, representing Muhammad Mosque
                  Number 29, 5600 Northwest 7th Avenue. We're a part of this project, and we're very, very much
                  in favor, and we ask the Commission to support it wholeheartedly. Thank you very much.

                  Chairman Sanchez: All right. Anyone else from the public wishing to address this item? The
                  public hearing is closed, coming back to the Commission. There's already a motion and a
                  second. It is a resolution. All in favor, say “aye.”

                  Commissioner Winton: Wait, wait, wait.

                  Chairman Sanchez: Oh, discussion?

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                  Commissioner Winton: Yes.

                  Chairman Sanchez: OK, Commissioner Winton, you're recognized.

                  Commissioner Winton: A number of things. One, I think this is a bold vision, and it's time for
                  bold visions and bold actions, and this clearly represents that. I think it looks outstanding, and I
                  really hope that the $700,000 can get it done. Y'all haven't -- what is the budget for doing
                  precisely what y'all are calling for here? It doesn't seem to me -- it doesn't feel like $700,000 to
                  me.

                  Mr. Styles: Yeah, the comprehensive project is $3.5 million.

                  Commissioner Winton: Ahh.

                  Mr. Styles: We've identified about eight buildings that will be targeted in the initial phase;
                  Burger King was the first, and they did it with private corporate dollars. We have a gallery
                  called Gallery Blue that's owned by a police officer, who's also an artist; he's done that with
                  private funds. He's about 90 percent completed, so it's something that the residents, stakeholders
                  in the community themselves are, as well, investing funds, so it's a comprehensive plan for
                  community and economic development.

                  Chairman Sanchez: There you go.

                  Commissioner Allen: Right.

                  Commissioner Winton: Outstanding. A couple more things, and maybe you can -- you might
                  have answered this question. I was curious because I thought that all the projects you were
                  listing here were going to be covered under this $700,000 grant, and you're just giving examples
                  of each individual building, some of which are being done with private dollars, some are being
                  done with public dollars. Because I notice the mosque here and I didn't understand how we
                  could spend taxpayer dollars on a religious institution, so I'm assuming they're doing this one
                  themselves?

                  Mr. Woodard: The mosque also has a bookstore incorporated in --

                  Commissioner Winton: That's a for-profit bookstore?

                  Mr. Woodard: It's a for-profit.

                  Mr. Jones: Yeah, that's a for-profit business.

                  Commissioner Winton: Well, I don't know what the rules are. Y'all have to make --

                  Ms. Gomez-Rodriguez: We will look at each --

                  Commissioner Winton: You have to figure that out.

                  Ms. Gomez-Rodriguez: -- building, and we will --

                  Commissioner Allen: Right.

                  Ms. Gomez-Rodriguez: -- decide which one we will be undertaking. There's also a 10 percent
                  that the business owner must pay to be part of the program.



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                  Commissioner Winton: OK, and there's -- and that -- the last part of my comments relates to the
                  business deal itself, some background information. Participating property owners will be
                  required to reimburse the City if the property is sold before five years at a declining rate as
                  follows: First year, hundred percent; second, 75, blah, blah, and this is consistent, just from an
                  approach standpoint, of the way we've handled a lot of these things in the last few years that I
                  think is very appropriate because it allows us -- if somebody really has a bump in property
                  values, then the money can get recaptured; it can go into a pool, and you can grow that pool --

                  Ms. Gomez-Rodriguez: Right.

                  Commissioner Winton: -- if everybody watches government to make sure it doesn't go
                  somewhere else, you know what I mean, but that said, I'm less comfortable with the schedule
                  itself, because it seems to me that when you do this, particularly in a county where values now
                  are escalating, this is going to push our property values up. That's the idea; you want property
                  values to go up because it creates wealth, but you also don't want them to grab the money and
                  run right away, and you're giving them, in this model, the opportunity to run too quickly, and if I
                  were doing this, I would make them stay for at least three years and then the declining balance
                  starts, and so that at the end of eight, or nine, or whatever that math works out to, then you could
                  -- you know, the whole thing becomes a grant and is forgiven, but I think the property owner
                  ought to stay for three full years as the owner, if we're putting this money in there, and then the
                  declining balance begins to work, because that's an incentive for them not to grab and run, and
                  you don't want them to grab and run; you want them committed to staying and working and
                  fighting, and we've got real dollars now for the first time to help make that happen, and I don't
                  think they ought to be able to go, so I would be much more supportive of this resolution if we
                  changed that particular piece of the agreement to allow for no refund for the first three years,
                  and then the declining balance works --

                  Ms. Gomez-Rodriguez: OK.

                  Commissioner Winton: -- for each consecutive year, beginning in year four.

                  Chairman Sanchez: That would be an amendment that you could put on the floor right now.

                  Commissioner Allen: Right. If I may, before --

                  Chairman Sanchez: Hold on, hold on, hold on. Are you willing to make that amendment?

                  Commissioner Winton: Yes, and I want to make that as an amendment, but --

                  Chairman Sanchez: Commissioner Allen, hold on just a minute, OK. The -- so, you're --

                  Commissioner Winton: I think the architect here wants to make a comment back, and I'm --

                  Chairman Sanchez: All right.

                  Commissioner Winton: -- interested --

                  Commissioner Allen: Right. What's --

                  Commissioner Winton: -- in hearing.

                  Mr. Styles: All right. I'd just like to say that one unusual thing about this corridor is about 95
                  percent -- not only are the business people property owners, but they're also resident businesses
                  within the corridor, and most of them have been there at least ten years.



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City Commission                              Meeting Minutes                                  September 22, 2005

                  Commissioner Winton: And see -- and that's all the more reason. Because they've stayed this
                  long, you don't want --

                  Mr. Styles: Right.

                  Commissioner Winton: -- them to cut and run. We need them --

                  Mr. Styles: Exactly.

                  Commissioner Winton: -- and so, if we're going to put the investment in, let's give them an
                  incentive to stay a little long.

                  Mr. Styles: Exactly.

                  Commissioner Winton: That's all I'm saying.

                  Commissioner Allen: If I may, Mr. Chairman. What's the original proposal relative to the terms
                  that Commissioner Winton is addressing?

                  Ms. Gomez-Rodriguez: It's --

                  Commissioner Allen: Just off the top of your head. I mean, it's --

                  Chairman Sanchez: I know. We need a motion --

                  Ms. Gomez-Rodriguez: On number --

                  Chairman Sanchez: -- for the amendment.

                  Ms. Gomez-Rodriguez: -- four bullet.

                  Commissioner Allen: All right, so what --

                  Chairman Sanchez: We would need a motion for the amendment.

                  Commissioner Allen: Your amendment, Commissioner Winton, is to change it to three years, you
                  said; that --

                  Commissioner Winton: That for the first three years --

                  Commissioner Allen: Right.

                  Ms. Gomez-Rodriguez: They cannot get out.

                  Commissioner Winton: -- there is no --

                  Commissioner Allen: No give back.

                  Commissioner Winton: Yes.

                  Commissioner Allen: Right, OK.

                  Commissioner Winton: But beginning in year four, that it's 75 percent; year five, 50 percent;
                  year six, 25 percent; and year seven, 10 percent; year 8, it's a full grant.



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City Commission                              Meeting Minutes                                  September 22, 2005

                  Commissioner Allen: Right. OK, that --

                  Chairman Sanchez: All right.

                  Commissioner Allen: -- sounds like a reasonable motion. I'll second that motion. Just --

                  Chairman Sanchez: All right.

                  Commissioner Allen: -- a quick comment.

                  Chairman Sanchez: For the record, for the record, the resolution has been amended, and for the
                  record, there is an amendment made by Commissioner Winton and second by Commissioner
                  Allen. Discussion on the amendment. Hearing no discussion on the amendment, all in favor, say
                  “aye.”

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” The amendment
                  has been passed, so therefore, it is an amendment now to the resolution.

                  Ms. Gomez-Rodriguez: Right.

                  Chairman Sanchez: All right. We still need to pass the resolution.

                  Commissioner Allen: Exactly.

                  Chairman Sanchez: All right.

                  Mr. Muhammad: Mr. Chairman, Commissioners, I'm very much in favor of that, and the mosque
                  purchased the property in 1999, and we just purchased the three apartment buildings of 48 units
                  behind that through our for-profit entity Progressive Land Developments for 1.5 million, so our
                  investment -- we don't have any intentions of going anywhere, and we will likewise put our ten
                  percent commitment on the record, so again, thank you all very much.

                  Commissioner Allen: Right.

                  Chairman Sanchez: All right. That --

                  Commissioner Allen: And I just want to --

                  Chairman Sanchez: -- concludes the public hearing, all right, so your presentation is completed.
                  Now, we come back to the Commission. There is a resolution, as amended, on the floor. We
                  need a motion to approve the resolution, as amended.

                  Commissioner Allen: I'll make a mo --

                  Commissioner Winton: So move, or second.

                  Commissioner Allen: Second.

                  Chairman Sanchez: The motion is made by Commissioner Allen. It is second by Commissioner
                  Winton. The item is under discussion. Hearing no discussion on the resolution, all in favor, say
                  “aye.”

                  The Commission (Collectively): Aye.

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City Commission                                     Meeting Minutes                                  September 22, 2005


                         Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” The motion is
                         approved. Congratulations.

                         Commissioner Allen: Congratulations.

                         Commissioner Winton: Good work.

                         Mr. Jones: Thank you.

                         Commissioner Winton: Good work.

                         Commissioner Allen: All right, guys.

                         Chairman Sanchez: OK.

                                     ORDINANCES - SECOND READING

SR.1      05-00839       ORDINANCE                                                                   Second Reading
   Department of         AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
   Finance               CHAPTER 18/ ARTICLE IX/DIVISION 2 ENTITLED "FINANCE/FINANCIAL
                         POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY CLARIFYING AND
                         EXPANDING THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A
                         REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR
                         AN IMMEDIATE EFFECTIVE DATE.

                          05-00839 Legislation SR/FR .pdf
                          05-00839 Summary Form SR.pdf
                          05-00839 Summary Form FR.pdf

                         Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                         be ADOPTED PASSED by the following vote.
                   Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Allen
                         Absent: 1 - Commissioner Regalado

                         12727

                         Chairman Sanchez: And we move on to PH.2. Now, Madam Clerk --

                         Priscilla A. Thompson (City Clerk): Sir --

                         Chairman Sanchez: -- these were time certain for --

                         Ms. Thompson: 10:30.

                         Chairman Sanchez: -- yeah, 10:30, so we have to wait on that one. All right, let's go to SR.1.
                         SR.1 is an ordinance on second reading.

                         Commissioner Allen: SR.1.

                         Chairman Sanchez: SR.1, this is just a cleanup.

                         Commissioner Winton: Second reading.

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City Commission                                     Meeting Minutes                                    September 22, 2005

                        Vice Chairman González: Move SR.1.

                        Commissioner Winton: Second.

                        Chairman Sanchez: All right. As always, I prefer that the department head put something on the
                        record as to what the ordinance is. I know it's on second reading, but you need to put something
                        on the record.

                        Scott Simpson: Scott Simpson, Finance Department. We're here today to get approval of
                        amendment of the financial integrity ordinance. The changes proposed are mostly cosmetic, to
                        contemplate GASB-34 (Government Accounting Standard Board) implementation.

                        Chairman Sanchez: All right. I believe there was a motion made by Commissioner Winton,
                        second by Vice Chairman González. The item is under discussion. Before we go to discussion,
                        it's an ordinance on second reading, requiring a public hearing. Anyone from the public wishing
                        to address this Commission, please step forward and be recognized. Seeing none, hearing none,
                        the public hearing is closed, for the record, coming back to the Commission for discussion.
                        Hearing no discussion on the ordinance, Mr. City Attorney, read the ordinance on second
                        reading, for the record.

                        The ordinance was read by title into the public record by the City Attorney.

                        Chairman Sanchez: Roll call.

                        Ms. Thompson: Roll call.

                        A roll call was taken, the result of which is stated above.

                        Ms. Thompson: The ordinance has been adopted on second reading, 4/0.

                        Chairman Sanchez: Moving right along.

                        Mr. Simpson: Thank you.

SR.2      05-00973      ORDINANCE                                                                      Second Reading
   Office of the City   AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS
   Attorney             FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA
                        STATUTE §100.3605, FOR THE MUNICIPAL ELECTIONS TO BE HELD ON
                        NOVEMBER 1, 2005 AND NOVEMBER 15, 2005; DESIGNATING CERTAIN
                        SITES AND TIMES FOR EARLY VOTING; CONTAINING A REPEALER
                        PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
                        IMMEDIATE EFFECTIVE DATE.
                         05-00973 Legislation SR.pdf
                         05-00973 Cover Memo SR.pdf
                         05-00973 Legislation FR.pdf
                         05-00973 Cover Memo FR .pdf

                        Motion by Vice Chairman González, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        12728


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                  Chairman Sanchez: SR.2. SR.2 is from the office of the City Attorney. Mr. City Attorney, you're
                  recognized on ordinance, second reading, SR.2.

                  Jorge L. Fernández (City Attorney): Yeah. SR.2, you need an explanation of it? This is --

                  Chairman Sanchez: I just need you to put something on the record --

                  Mr. Fernández: Yes.

                  Chairman Sanchez: -- pertaining to the ordinance.

                  Mr. Fernández: This is the, on second reading, ordinance that sets forth the times and -- for
                  your municipal elections, both your general and your runoff, and this is, as a matter of statutory
                  requirement, that you must pass this ordinance.

                  Chairman Sanchez: All right.

                  Mr. Fernández: Establishes that November 1 is your general; November 15 is your runoff.

                  Chairman Sanchez: OK. This ordinance is on second reading. Is there a motion?

                  Priscilla A. Thompson (City Clerk): And it includes the information on your early voting.

                  Mr. Fernández: Yes.

                  Vice Chairman González: Move SR.2.

                  Commissioner Allen: Second.

                  Chairman Sanchez: There is a motion by Vice Chairman González, second by Commissioner
                  Allen. The item -- before we open up for discussion, it is an ordinance on second reading,
                  requiring public participation. Anyone from the public wishing to address this item, please step
                  forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming
                  back to the Commission for discussion. Commissioner Regalado, you're recognized.

                  Commissioner Regalado: Thank you, Mr. Chairman. Madam Clerk.

                  Ms. Thompson: Yes, sir.

                  Commissioner Regalado: We have a budget capacity for both?

                  Ms. Thompson: We are asking for new estimates from the Supervisor of Elections. We may need
                  to request more funding because of the runoff for -- on the 15th. It may, may go as a citywide
                  runoff; we're not sure. We've got five candidates in one race and nine in the other, so we may
                  need additional funds to cover that early voting.

                  Commissioner Regalado: For the runoff, there is not going to be early voting?

                  Ms. Thompson: Yes, we have it. Yes, we have it planned.

                  Commissioner Regalado: I thought that they couldn't get their things together before two weeks.

                  Ms. Thompson: We requested it.

                  Commissioner Winton: Remember? Remember?

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City Commission                             Meeting Minutes                                     September 22, 2005


                  Commissioner Regalado: Hello.

                  Commissioner Winton: They needed more time.

                  Commissioner Regalado: Hello.

                  Ms. Thompson: We did request it when Mr. Sola was here, and he assured us that he could do it
                  for us.

                  Commissioner Winton: Wow.

                  Commissioner Regalado: Wow.

                  Commissioner Winton: Explain that, then.

                  Ms. Thompson: But there is a two-week turnaround.

                  Commissioner Regalado: You see, we were right and they were wrong.

                  Ms. Thompson: There's a two-week turnaround on this one.

                  Commissioner Regalado: They said --

                  Commissioner Winton: No, the runoff is two weeks after the election, right?

                  Ms. Thompson: Correct.

                  Commissioner Regalado: Yeah --

                  Ms. Thompson: Yes.

                  Commissioner Regalado: -- and they say there's no way we can do it --

                  Ms. Thompson: Well, actually --

                  Commissioner Regalado: -- in two weeks --

                  Ms. Thompson: -- she said one --

                  Commissioner Regalado: -- so I'm asking about the early voting, on the runoff.

                  Ms. Thompson: Actually, in the past was they couldn't turn it around in one week; to have the
                  early voting ready for a runoff in one week --

                  Commissioner Winton: Oh.

                  Ms. Thompson: -- but they could do it for us in two weeks.

                  Chairman Sanchez: All right. Any further discussion on the item?

                  Commissioner Winton: No, we're just talking about it.

                  Chairman Sanchez: All right.



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City Commission                               Meeting Minutes                                    September 22, 2005

                  Commissioner Regalado: They always said two.

                  Chairman Sanchez: No further discussion on the item. It's an ordinance on second reading.
                  Mr. City Attorney, could you read the ordinance into the record, followed by a roll call.

                  The Ordinance was read by title into the public record by the City Attorney.

                  Ms. Thompson: Roll call.

                  A roll call was taken, the result of which is stated above.

                  Ms. Thompson: The ordinance has been adopted on second reading, 5/0.




City of Miami                                       Page 34                                        Printed on 10/14/2005
City Commission                                 Meeting Minutes                                  September 22, 2005


                                              RESOLUTIONS

RE.1      05-00988   RESOLUTION
   Department of     A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
   Economic          RECOMMENDATION OF THE ACTING DIRECTOR OF THE DEPARTMENT
   Development       ECONOMIC DEVELOPMENT'S DECISION TO REJECT MIAMI RIVER
                     LOBSTER AND STONE CRAB CORPORATION'S PROTEST OF THE
                     RECOMMENDATION BY THE EVALUATION COMMITTEE, FOR THE
                     REQUEST FOR LETTERS OF INTEREST SOLICITATION, FOR USE OF 236
                     SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, AS SUCH PROTEST
                     HAS BEEN DETERMINED TO BE WITHOUT MERIT.
                     05-00988 Legislation.pdf
                     05-00988 Summary Form.pdf
                     05-00988 Memo.pdf
                     05-00988 Letter.pdf
                     05-00988 Copy of Check.pdf
                     05-00988 Letter 2.pdf
                     05-00988 RFLI.pdf
                     05-00988 Minutes.pdf
                     05-00988-Submittal.pdf
                     WITHDRAWN


                     Chairman Sanchez: Are there any other items on the --

                     Jesse Manzano (Executive Director, Mayor's International Council): Thank you.

                     Chairman Sanchez: -- regular agenda before we get going that the Administration would like to
                     pull?

                     Joe Arriola (City Manager): RE.1 is being withdrawn.

                     Chairman Sanchez: All right. RE.1, that was --

                     Jorge L. Fernández (City Attorney): A bid protest.

                     Chairman Sanchez: -- an appeal.

                     Unidentified Speaker: Protest.

                     Chairman Sanchez: A protest?

                     Laura Billberry (Acting Director, Economic Development): Right.

                     Chairman Sanchez: That's being pulled.

                     Ms. Billberry: The protester has withdrawn the protest, and we have a letter, for the record,
                     we'll submit acknowledging that withdrawal.

                     Chairman Sanchez: All right. We don't need a motion for that, Madam Clerk, do we?

                     Mr. Fernández: No.

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City Commission                                   Meeting Minutes                                September 22, 2005

                         Chairman Sanchez: All right. RE.1 has been withdrawn. That leaves RE.2, which was a
                         companion item, and we'll deal with that when we get to it.

RE.2      05-00989       RESOLUTION
   Department of         A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Economic              ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY
   Development           MANAGER APPROVING THE FINDINGS OF THE EVALUATION
                         COMMITTEE PURSUANT TO A REQUEST FOR LETTERS OF INTEREST,
                         ISSUED APRIL 22,2005, THAT THE TOP-RANKED FIRMS TO USE THE
                         PROPERTY LOCATED AT 236 SOUTHWEST NORTH RIVER DRIVE, MIAMI,
                         FLORIDA ("PROPERTY"), AS A WHOLESALE AND RETAIL SEAFOOD AND
                         DOCKAGE FACILITY ARE: (1) GARCIA BROTHERS WHOLESALE, INC.
                         ("LICENSEE"); (2) MIAMI RIVER LOBSTER AND STONE CRAB,
                         CORPORATION; (3) CASABLANCA FISH MARKET, INC.; AND (4) EMERALD
                         YACHT AND SHIP MANAGEMENT, INC. ; AUTHORIZING THE CITY
                         MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT, IN
                         SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
                         AND LICENSEE, THE TOP-RANKED FIRM, ON A MONTH TO MONTH
                         BASIS; PROVIDING FOR: (I) PAYMENT OF THE GREATER OF A MONTHLY
                         USE FEE OF $7,000 OR PERCENTAGE FEE OF 3% OF GROSS RECEIPTS;
                         (II) PAYMENT OF THE PROSPECTIVE ANNUAL SUBMERGED LAND FEES
                         AS MAY BE REQUIRED PURSUANT TO FLORIDA DEPARTMENT OF
                         ENVIRONMENTAL PROTECTION ("DEP"), ADMINISTRATIVE RULE
                         18-21.011(1)(B), AS MAY BE AMENDED; (III) PAYMENT OF $1,000, PER
                         MONTH AS PAYMENT TOWARDS RETROACTIVE SUBMERGED LAND
                         FEES TO BE REQUIRED BY DEP FOR PRIOR USAGE OF SUBMERGED
                         LANDS; AND (IV) LICENSEE'S USE OF THE SUBMERGED LANDS AREA
                         SHALL BE SUBJECT TO ANY RESTRICTIONS SET FORTH BY DEP FOR
                         THE USE OF SAID PROPERTY, WITH TERMS AND CONDITIONS MORE
                         PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER
                         AUTHORIZING THE CITY MANAGER TO MAKE NON-SUBSTANTIVE
                         AMENDMENTS TO SAID AGREEMENT AS NEEDED; FURTHER
                         AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT
                         WITH THE SECOND-RANKED FIRM, SHOULD NEGOTIATIONS FAIL WITH
                         THE TOP-RANKED FIRM, OR UNTIL A CONTRACT HAS BEEN
                         SUCCESSFULLY NEGOTIATED; DIRECTING THAT THE NEGOTIATED
                         AGREEMENT BE PRESENTED TO THE CITY COMMISSION FOR
                         CONSIDERATION.
                          05-00989-Legislation.pdf
                          05-00989-Exhibit 1.pdf
                          05-00989-Exhibit 2.pdf
                          05-00989-Exhibit 3.pdf
                          05-00989-Exhibit 4.pdf
                          05-00989-Exhibit 5.pdf
                          05-00989-Exhibit 6.pdf
                          05-00989-Exhibit 7.pdf
                          05-00989-Summary Form.pdf

                         Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be
                         ADOPTED PASSED by the following vote.
                   Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


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City Commission                               Meeting Minutes                                    September 22, 2005

                  R-05-0571

                  Chairman Sanchez: OK. RE.1 was deferred or pulled, so we go to RE.2. RE.2 is a resolution.
                  That's Department of Economic Development.

                  Laura Billberry (Acting Director, Economic Development): Lori Billberry, Economic
                  Development. The City had issued an RFLI (Request for Letters of Interest) in connection with
                  the property at 236 Southwest North River Drive. Selection Committee -- we had four responses,
                  and a selection committee ranked the proposals, and what we have before you is the negotiated
                  agreement with Garcia Brothers, who was the top ranked firm. Some of the key business terms
                  include that they'll pay 7,000 a month, or three percent of their monthly gross receipts,
                  whichever is greater. They will also be contributing $1,000 per month towards retroactive fees
                  that are going to be due to the State for use of the submerged lands. They will also pay any
                  perspective submerged land fees that may be due to the State, which is currently estimated to be
                  about a thousand a year, and they will be investing $25,000 in improvements to the property
                  upon getting an agreement from the State for use of the submerged lands, and those items will be
                  for general clean up, painting, fixing some concrete sidewalks, and so forth.
                  They will also be responsible for all utilities and maintenance of the property, and taxes. Mr.
                  Esteban Garcia is here, if you have any questions of him also on the item.

                  Chairman Sanchez: All right. Let's get a motion and a second, if there's any discussion on the
                  item. Is there a motion? Is there a motion on the item?

                  Commissioner Winton: I'll make the motion --

                  Commissioner Allen: Yeah, I'll make the motion.

                  Commissioner Winton: -- for discussion.

                  Chairman Sanchez: All right. There's a motion by Commissioner Winton --

                  Commissioner Allen: Second.

                  Chairman Sanchez: -- second by Commissioner Allen for the purpose of discussion. It's a
                  resolution; it doesn't require any public input. However, the item is under discussion.
                  Commissioner Winton, you go first.

                  Commissioner Winton: And I'd like to put on the record that I consider both parties here to be
                  friends. I eat at -- I've been -- I've eaten at Steve's place many, many, many, many times. I think
                  he's a -- I think it's a great restaurant. It's a great asset for our community. I think he does a
                  heck of a job. Obviously, I've known Manny for a long time also, and I know that the appeal has
                  been --

                  Chairman Sanchez: Withdrawn.

                  Commissioner Winton: -- lifted, and so that's the good news, but from a policy standpoint, I'm
                  still -- and I haven't read all the documentation, but in the -- and I don't know if this is fact or
                  not, but it's a request -- in the original proposal from Garcias, what was the capital amount that
                  was committed in the original proposal?

                  Ms. Billberry: They had proposed 75 to 100,000 in capital, and 5,000 per month in a monthly
                  fee.

                  Commissioner Winton: And so, just from a policy standpoint, because I don't want to -- you
                  know, that -- it's a policy question, and I know that when we've had other RFP (Request for

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City Commission                               Meeting Minutes                                     September 22, 2005

                  Proposals) -- and I know this came up during the Mega Yacht Marina thing, where it was made
                  crystal clear to us that once a proposal had been made, the proposer could pay us more or give
                  us more, but couldn't take anything away, and so in this situation, did that event occur or not
                  occur?

                  Ms. Billberry: After the selection committee had ranked the Garcias first, the City approached
                  the Garcias about instead of putting the additional capital in, that we preferred to have it in the
                  monthly fee, and it was the City's idea in order to better the deal for the City of Miami because
                  this is, month to month, a license. This is also a proposal process and not a bid process, so it did
                  allow us the flexibility to make those negotiations.

                  Commissioner Allen: Right.

                  Commissioner Winton: OK.

                  Commissioner Allen: Right, so -- yeah, because the request for letters of interest gives you that
                  sort of flexibility, typically, correct?

                  Ms. Billberry: Right.

                  Commissioner Allen: Yeah, that's normal. Great.

                  Commissioner Winton: Answered my question.

                  Commissioner Allen: OK. Typically, that's how it goes.

                  Chairman Sanchez: All right. Any other discussion. Commissioner Regalado.

                  Commissioner Regalado: I have a question. This is a revocable license, month-to-month, so in
                  case that the City will decide, let's build a park in that part of the river, his capital improvement,
                  is he going to get it back or he just --

                  Commissioner Winton: No.

                  Ms. Billberry: No.

                  Commissioner Winton: It becomes ours.

                  Commissioner Regalado: Becomes the City's.

                  Ms. Billberry: Correct, they will be owned by the City and become the property of the City.

                  Commissioner Regalado: So --

                  Ms. Billberry: It's additional consideration.

                  Commissioner Regalado: -- today we're working on the boardwalk through the river, so how
                  long it's going to take until it gets to him and he has to leave?

                  Ms. Billberry: I don't know the status of the construction project as it relates to any river walk
                  improvements in this area. I can tell you this was seen as a short-term agreement in the sense
                  why we did a month-to-month agreement. As the whole Miami 21 project is undergoing looking
                  at what the proper zoning should be in this area, there have been studies of desired uses in this
                  area, so as those processes are finalized, that will give us an opportunity to look at the
                  long-term, but this is something that we felt needed to be done in the short-term in order to

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                     maximize the return to the City.

                     Commissioner Regalado: OK. The other question is not about this item, but it has to do with
                     this item. Him and other people are being hurt because of the 5th Street bridge. There's no way
                     to get to where he is --

                     Esteban Garcia: North of the river.

                     Commissioner Regalado: -- or anybody --

                     Commissioner Winton: Right.

                     Commissioner Regalado: -- because of the 5th Street, and it seems that it's going to be like that
                     for years and years to make -- two years, so -- two years, they say. To make matters worst,
                     they're doing something to the street that is really -- I mean, you need a Hummer to get to his
                     place, or --

                     Mr. Garcia: North River Drive.

                     Commissioner Regalado: -- Joe's, or Casablanca, or any other place in there, or even Lummus
                     Park, you do need a Hummer because they break the street and they leave, and it's been like that
                     for --

                     Mr. Garcia: At least four months.

                     Commissioner Regalado: -- four months, and I don't know what's going on, so I mean, you
                     know, he's taking a gamble here.

                     Mr. Garcia: We've been taking a gamble there for a very long time, but --

                     Commissioner Regalado: No. I mean now, because of the bridge, it cuts you off.

                     Mr. Garcia: Yes, it does, but we still have access --

                     Priscilla A. Thompson (City Clerk): I'm sorry. I'm sorry. I need --

                     Chairman Sanchez: You need to state your name and address for the record, Steve.

                     Mr. Garcia: I'm sorry. My name is Esteban Luis Garcia, the president of Garcia Brothers
                     Wholesale, Incorporated.

                     Chairman Sanchez: All right. No further discussion on the item. It is a resolution. All in favor,
                     say "aye."

                     The Commission (Collectively): Aye.

                     Chairman Sanchez: All right. Anyone in opposition, having the same right, say nay. Motion
                     carries unanimously.

                     Mr. Garcia: Thank you, City of Miami, appreciate it.

                     Chairman Sanchez: Thank you, Steve. All right. That item has been taken care of.

RE.3      05-00896   RESOLUTION


City of Miami                                           Page 39                                      Printed on 10/14/2005
City Commission                                    Meeting Minutes                                  September 22, 2005

   Department of        A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
   Capital              ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
   Improvement          FIRST AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE
   Programs/Transpor    GRANT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI
   tation               ("CITY") AND ACTION COMMUNITY CENTER, INC., PURSUANT TO
                        RESOLUTION NO. 04-0379, ADOPTED JUNE 10, 2004, FOR PUBLIC
                        TRANSPORTATION SERVICES, CAPITAL IMPROVEMENT PROJECT ("CIP")
                        NO. 341330, B-71201; PROVIDING FOR A ONE-YEAR EXTENSION
                        (OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006), IN AN AMOUNT NOT
                        TO EXCEED $300,000, WITH THE OPTION OF THREE ADDITIONAL
                        ONE-YEAR EXTENSIONS; ALLOCATING FUNDS IN THE AMOUNT OF
                        $300,000, FOR FISCAL YEAR 2005-2006, FROM CIP NO. 341330, WITH
                        FUTURE FISCAL YEAR FUNDING SUBJECT TO CITY COMMISSION AND
                        BUDGETARY APPROVAL.
                         05-00896 Legislation.pdf
                         05-00896 Exhibit 1.pdf
                         05-00896 Summary Form.pdf
                         05-00896 Text File Report.pdf
                         05-00896 30th Yr Public Svc Policy .pdf
                         05-00896 Social Programs Agreement.pdf
                         05-00896 Charts.pdf
                         05-00896 Grant Agreement.pdf
                         05-00896 Circulator Bus Schedule.pdf
                         05-00896 Map.pdf
                         05-00896 Map 2.pdf
                         05-00896 Certififcate of Insurance.pdf
                         05-00896 Budget Bus Svcs.pdf
                         05-00896 Work Program Specifications.pdf
                         05-00896 Action Comm Ctr Reso .pdf
                         05-00896 Ltr from State of Florida.pdf

                        Motion by Vice Chairman González, seconded by Commissioner Regalado, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0572

                        Chairman Sanchez: We move on to RE.3. RE.3 is a grant agreement, an amended grant
                        agreement with Accion Community Center. Is that the item?

                        Mary Conway (Director, Capital Improvement Projects & Transportation): Yes. Mary --

                        Chairman Sanchez: All right.

                        Ms. Conway: -- Conway, CIP (Capital Improvement Projects) and Transportation. This is a
                        resolution to amend the existing grant agreement for a one-year extension with the provision of
                        three additional one-year extensions that would have to come back before the Commission, and
                        Accion has been providing circulator services within the City.

                        Chairman Sanchez: All right.

                        Vice Chairman González: Move RE.3.

City of Miami                                           Page 40                                        Printed on 10/14/2005
City Commission                               Meeting Minutes                                     September 22, 2005

                  Chairman Sanchez: It is a resolution.

                  Commissioner Regalado: Second.

                  Chairman Sanchez: There is a motion by Vice Chairman González, second by Commissioner
                  Regalado. The item is under discussion. Any discussion on the item?

                  Commissioner Winton: Yeah, question. This seems to me like -- and we're going to have this
                  discussion over and over and over again, and from what I understand, Accion provides one heck
                  of a service; it is transportation oriented, and the last time I checked, Miami-Dade County was
                  responsible for transportation countywide, and I'm wondering what their excuse is for not
                  picking up this tab. I already know the answer, but you know, there ought to be some public
                  conversation about the fact that Miami-Dade County is responsible for transportation. Here we
                  have an outstanding circulator system that's important to residents of the City of Miami that the
                  private sector is doing, and we still have to pay.

                  Chairman Sanchez: All right. Any other discussion on the item?

                  Commissioner Winton: It's more a rhetorical statement than a real question, so I'm done.

                  Chairman Sanchez: And it's well stated. Any further discussion on this item? Let me just state
                  on this item, several years ago Accion, due to the financial crisis that we had, based on the
                  CDBG (Community Development Block Grant) funds, the -- Accion provided just about citywide
                  services to the entire city. Now, with the cutbacks -- we had a cutback -- this will alleviate to be
                  able to provide more transportation, not only to certain districts, but the entire district that's out
                  there. Because I'll tell you one thing, as we've seen in the past, there are more and more elderly
                  and disabled in our community that rely on these transportation, and the worst thing that I have
                  experienced as a Commissioner is when a disabled person calls my office or an elderly person
                  calls my office and said, "Look, I called for transportation to go out and get my medicine picked
                  up at the pharmacy," or other reasons, and they're not able to get that transportation. I know
                  there are companies out there that specialize in that, and they do receive fundings from us and
                  the County, but I think this is a perfect concept where the City and the County and all the
                  resources that are available can come together to make sure that we're able to provide that
                  adequate transportation to these people that cannot help themselves, because they can't get from
                  point A to point B by themselves, and if you don't believe me, go out there and see people that
                  are living alone, don't have any family in this community, and they have to rely on these social
                  services programs, so I continue to be a champion on that, and I know that this legislative body
                  and the administration focuses on providing all the resources and assistance to these
                  organizations that provide transportation for these individuals that are based on -- that are
                  facing those crisis right now, that they don't have any transportation. I just wanted to state that
                  on the record. It continues to be one of my priorities as a Commissioner. All right. It's a
                  resolution that does not require a public hearing. All in favor, say "aye."

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say nay. Motion carries. The
                  resolution passes. Madam Clerk, there was a second -- there was a motion and a second, for the
                  record. OK.




City of Miami                                       Page 41                                          Printed on 10/14/2005
City Commission                                    Meeting Minutes                                September 22, 2005


                                               DISCUSSION ITEM

DI.1      05-00450      DISCUSSION ITEM
   Office of the City   DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE
   Attorney             SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF
                        MIAMI. (BILLBOARD LITIGATION)

                        05-00450-email.pdf
                        WITHDRAWN



                        Chairman Sanchez: All right. DI.1 is a discussion item --

                        Jorge L. Fernández (City Attorney): Yes. There is no --

                        Chairman Sanchez: -- and we have to wait till 10:30 to --

                        Mr. Fernández: No, but that item is at the --

                        Chairman Sanchez: That's -- OK, that's been pulled.

                        Mr. Fernández: -- National Advertising. There is no settlement being proposed, and so that
                        item should not -- you know, should be withdrawn altogether.

                        Chairman Sanchez: Well -- all right, the item has been withdrawn. Do we need a motion for
                        that, Madam Clerk?

                        Mr. Fernández: No --

                        Commissioner Allen: Well --

                        Mr. Fernández: -- you don't.

                        Commissioner Allen: No.

                        Chairman Sanchez: All right, we do not.

                        Commissioner Allen: So, you're pulling it, correct --

                        Chairman Sanchez: Yes.

                        Mr. Fernández: Yes.

                        Commissioner Allen: -- City Attorney? All right.

                        Chairman Sanchez: All right. We're moving along here.

                                                       PART B

                        Chairman Sanchez: So, can we get some of the PZ (planning & zoning) items out of the way?
                        Let's do PZ.1.

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City Commission                                 Meeting Minutes                                    September 22, 2005

                     Commissioner Allen: PZ.1.

                     Chairman Sanchez: Madam Clerk, please remind me at 10:30 so we could get -- Madam Clerk,
                     you're recognized.

                     Priscilla A. Thompson (City Clerk): Yes. We do need to swear in anyone who will be speaking
                     on these items.

                     Chairman Sanchez: We will get to that. We will get to that. All right. We're going to move on
                     to PZs -- PZ items. Anyone here that will be testifying on any of the planning and zoning items,
                     please stand up and be sworn in by the City Clerk. Madam Clerk.

                     Ms. Thompson: Please raise your right hand.

                     The City Clerk administered oath required under City Code Section 62-1 to those persons giving
                     testimony on zoning issues.

                     Ms. Thompson: Thank you.

                     Chairman Sanchez: All right, and once again, any person who acts as a lobbyist, pursuant to
                     City of Miami Ordinance 11469, must register with the City Clerk prior to engaging in any
                     lobbying activity before the City staff, boards, and this Commission. Any person making
                     slanderous remarks, or who becomes boisterous during the Commission meeting will be
                     respectfully asked to leave. Any person who seeks to address this Commission needs to register
                     with the City Clerk, and also, if you want to obtain a copy of the --our agenda, all you need to do
                     is contact the City Clerk five days before the Commission meeting, and one will be provided for
                     you.

PZ.1      05-00621   RESOLUTION
                     A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                     CONCERNING THE DOWNTOWN GOVERNMENT CENTER DEVELOPMENT
                     OF REGIONAL IMPACT, ENCOMPASSING AN AREA PREVIOUSLY
                     APPROVED BY RESOLUTION NO. 81-343; AUTHORIZING AN NOTICE OF
                     PROPOSED CHANGE APPLICATION PROVIDING FOR 1,500,000 SQUARE
                     FEET OF OFFICE SPACE; AUTHORIZING AN EXTENSION OF THE
                     DEVELOPMENT TIME TO 2009; APPROVING THE DEVELOPMENT OF
                     REGIONAL IMPACT SUBJECT TO THE CONDITIONS ATTACHED HERETO
                     AS "EXHIBIT A", THE APPLICATION FOR DEVELOPMENT APPROVAL,
                     INCORPORATED HEREIN BY REFERENCE, AND CONSIDERING THE
                     REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL
                     PLANNING COUNCIL AND THE MIAMI PLANNING ADVISORY BOARD,
                     INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT
                     AND CONCLUSIONS OF LAW; PROVIDING THAT THE DOWNTOWN
                     GOVERNMENT CENTER DEVELOPMENT ORDER SHALL BE BINDING ON
                     THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING THE CITY
                     CLERK TO SEND COPIES OF THIS RESOLUTION TO AFFECTED
                     AGENCIES AND THE APPLICANT; PROVIDING FOR A TERMINATION
                     DATE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
                     SEVERABILITY CLAUSE.




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City Commission                                    Meeting Minutes                                   September 22, 2005

                         05-00621 Legislation.pdf
                         05-00621 Exhibit A.pdf
                         05-00621 May 19, 2005 Intent Letter & Supporting Docs.pdf
                         05-00621 April 11, 2005 Intent Letter & Supporting Docs.pdf
                         05-00621 PAB Reso.pdf
                         05-00621 Fact Sheet 07-28-05.pdf
                         05-00621 Fact Sheet 09-22-05.pdf

                        REQUEST: To Amend a Previously Approved DRI for the Downtown
                        Government Center

                        APPLICANT(S): Miami-Dade County General Services Administration

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        PLANNING ADVISORY BOARD: Recommended approval to City
                        Commission on June 15, 2005 by a vote of 6-0.

                        PURPOSE: This will allow for the development of government office
                        facilities in the downtown area.
                        Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0573

                        Chairman Sanchez: Having stated that for the record, let's go to PZ.1.

                        Lourdes Slazyk: For the record, Lourdes Slazyk, Planning Department. PZ.1 is a reactivation
                        of the development order for the downtown government center, DRI (Development of Regional
                        Impact). This would cover it till the year 2009, allowing for development of the government
                        office facilities in the area between 5th Street on the north, I-95 on the west, Flagler on the
                        south, and Metrorail on the east. It's been recommended for approval by the Planning Advisory
                        Board, and we recommend approval.

                        Chairman Sanchez: All right. Yes, sir.

                        Vice Chairman González: Move PZ.1.

                        Commissioner Winton: I'm the one that deferred this last time, and if you remember, I went on
                        record as saying I'm not going to approve anything that Miami-Dade County does here because
                        there's a total mess around Miami-Dade Government Center, and I want to know what they're
                        going to do to clean up the mess, so the good folks from Miami-Dade County came and visited
                        with me, and lo and behold, I found that the mess was not government's mess. Well, it wasn't
                        Miami-Dade County's mess; it was the City of Miami's mess because it's private land that's really
                        the mess. It wasn't government land that's a mess, and apparently, our crack Code Enforcement
                        group has yet to discover the mess that's been there, and it isn't just this crack Code Enforcement
                        group, it's the same -- in the old system, it was the same thing as the new system; they don't seem
                        to have downtown figured out in terms of how to enforce the codes, and so we've got a mess, and
                        it is private sector owned land that's the mess, not Miami-Dade County owned land that's the
                        mess, so I would like to publicly apologize to the folks from Miami-Dade County for my
                        disparaging remarks that were completely inaccurate.
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City Commission                                 Meeting Minutes                                 September 22, 2005


                     Diana Gonzalez: Thank you, Commissioner, not necessary, but we appreciate it.

                     Chairman Sanchez: All right. I believe there's a motion made by Commissioner Winton, for the
                     record, second by Vice Chairman González on PZ.1. PZ.1 --

                     Priscilla A. Thompson (City Clerk): I'm sorry. I need a name for the record, please.

                     Ms. Gonzalez: Yes. My name is Diana Gonzalez. I'm with the Consulting Group of South
                     Florida, and I'm representing Miami-Dade County in the reactivation of the DRI.

                     Chairman Sanchez: All right.

                     Commissioner Winton: Well, my --

                     Chairman Sanchez: Thank you, ma'am.

                     Commissioner Winton: -- comments are not inaccurate about our crack Code Enforcement
                     group.

                     Chairman Sanchez: All right. It is a public hearing. Anyone from the public wishing to address
                     this item, please step forward and be recognized. Seeing none, hearing none, the public hearing
                     is closed, coming back to this Commission. It's a PZ item. It's a resolution. All in favor, say
                     "aye."

                     The Commission (Collectively): Aye.

                     Commissioner Winton: Anyone in opposition, having the same right, say nay. Motion carries.
                     Thank you so much.

                     Ms. Gonzalez: Thank you.

PZ.2      05-00619   ORDINANCE                                                                  Second Reading
                     AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
                     ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
                     FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
                     NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF
                     THE ENTIRE BLOCK BOUNDED BY NORTHWEST 6TH AVENUE ON THE
                     EAST, NORTHWEST 7TH AVENUE ON THE WEST, NORTHWEST 8TH
                     STREET ON THE NORTH AND NORTHWEST 7TH STREET ON THE
                     SOUTH, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED
                     COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO
                     AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
                     SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
                     05-00619 Legislation.pdf
                     05-00619, 05-00619a & 05-00619b Exhibit A.pdf
                     05-00619 Analysis.pdf
                     05-00619 Land Use Map.pdf
                     05-00619, 05-00619a & 05-00619b Aerial Map.pdf
                     05-00619 School Board Review.pdf
                     05-00619 PAB Reso.pdf
                     05-00619 Application & Supporting Docs.pdf
                     05-00619 FR Fact Sheet.pdf
                     05-00619 SR Fact Sheet.pdf
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                        REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted
                        Commercial" to Change the Future Land Use Designation of the Miami
                        Comprehensive Neighborhood Plan

                        LOCATION: Approximately the Entire Block Bounded by NW 6th Avenue on
                        the East, NW 7th Avenue on the West, NW 8th Street on the North and NW
                        7th Street on the South

                        APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, LLC,
                        Contract Purchaser

                        APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        PLANNING ADVISORY BOARD: Recommended approval to City
                        Commission on June 15, 2005 by a vote of 5-0. See companion File IDs
                        05-00619a and 05-00619b.

                        PURPOSE: This will change the above properties to Restricted Commercial
                        for the proposed Urban River Major Use Special Permit project.
                        Motion by Vice Chairman González, seconded by Commissioner Winton, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        12729

                        Direction to the Administration by Commissioner Regalado to invite the Executive Director of
                        the South Florida Workforce, Rick Beasley, to the next commission meeting. [Note: Mr. Beasley
                        later came before the Commission and addressed its concerns.]

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZs 2, 3, and 4 are companion items.
                        PZs 2 and 3 are the future land use change and zoning amendment for the Urban River project
                        that's a Major Use Special Permit; that's PZ.4. On PZ.2 and 3, it was recommended for
                        approval by the Planning Advisory Board, approval by the Planning Department, and passed by
                        this Commission first reading in July. This is to change the land use from industrial to restricted
                        commercial. It's the property bound by 6th Avenue on the east, 7th Avenue on the west, 8th
                        Street on the north, and 7th Street on the south.

                        Chairman Sanchez: All right. Is there any opposition to this item? Is there opposition, sir?

                        Grady Muhammad: No opposition, Mr. Chair. Good morning Grady Muhammad, 1730
                        Biscayne Boulevard, Suite 201. I'm very much in favor of this item. Only thing I'm saying,
                        would request the Commission, under the City's first source hiring, that the community -- the
                        residents of the community have an opportunity, under the Major Use Special Permit, to get job
                        opportunities, but more importantly, with the proposed construction of these units, which are
                        going to be condominiums, more or less. They're across the street from Culmer public housing
                        complex. We have to consider for the record to be -- again, just job opportunities, contracting
                        opportunities for the residents. Thank you, Commissioners.


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                  Chairman Sanchez: Thank you so much. It is a public hearing. Anyone from the public wishing
                  to address this item, please step forward and be recognized.

                  Vice Chairman González: I'll move PZ.2.

                  Chairman Sanchez: Seeing none, hearing none, the public hearing is closed, coming back to the
                  Commission. There is a motion --

                  Commissioner Winton: Second.

                  Chairman Sanchez: -- by Vice Chairman González on the floor.

                  Commissioner Winton: Second.

                  Chairman Sanchez: Is there a second?

                  Commissioner Winton: Second.

                  Chairman Sanchez: Second by Commissioner Winton.

                  Commissioner Winton: And --

                  Chairman Sanchez: Good to have you here, counsel. You made it just in time. State your name
                  on the record.

                  Tony Recio: Tony Recio, on behalf of Urban River Partners.

                  Chairman Sanchez: OK.

                  Gilberto Pastoriza: Gil Pastoriza.

                  Chairman Sanchez: That way you could bill him.

                  Commissioner Winton: And Mr. Chairman.

                  Chairman Sanchez: Yes, sir.

                  Commissioner Winton: I'd like to make a comment about the jobs part, and if -- Grady, if you
                  had listened at a prior Commission meeting, you will have heard that over and over again we've
                  been pounding on the South Florida Workforce Consortium, because two years ago we got the
                  major developers in the City of Miami to, in fact, agree to participate in something -- Jason put
                  the whole thing together, which was Workforce Miami, which was geared towards finding
                  construction jobs for local City of Miami residents who were in need. It's been led in a volunteer
                  effort by the developers themselves. It's been terribly successful, but we needed real professional
                  help to really elevate it to a level where you could get real numbers through there, and the
                  program that funnels 40 to $60 million a year in Miami-Dade County for job creation couldn't
                  find 40, $60,000 a year to fund this damn program. I'd been at war with them for ages, and
                  we're still at war with them, and the City of Miami, in this year's budget, we funded the positions
                  to -- real positions to lead this effort ourselves, instead of waiting on South Florida Workforce,
                  so if -- I would suggest that you go to -- you get your people together and go to South Florida
                  Workforce and raise holy hell with them, because I think it's unconscionable that they can't find
                  money to support a program that we have documented successes in, and they can't figure out
                  how to make the damn thing work, so that's where you need to go.

                  Commissioner Regalado: And, Johnny, there is hope. There is a new executive director.

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                  Commissioner Winton: Right.

                  Commissioner Regalado: The guy came from Tennessee, I think it was. He ran the whole state
                  of Tennessee. I met with him, and let me tell you, he is now very aware that we are one-third of
                  that workforce and he's just waiting for cues from the City of Miami, and I told him about what
                  you'd done with the funding of that, and -- well, first of all, he was surprised because there was
                  money to do that from the (UNINTELLIGIBLE), so I think it would be nice if we have him here in
                  the next Commission meeting --

                  Commissioner Winton: Right.

                  Commissioner Regalado: -- probably the Manager's office could invite him and hear what he
                  has to say because -- I mean, the guy really wants to work with the City of Miami.

                  Commissioner Winton: He'll actually be in my office, Jason tells me, at 1:30 this afternoon, so
                  maybe we --

                  Commissioner Regalado: Well, in the afternoon.

                  Commissioner Winton: -- if we have five minutes, we could carve out for him at 2:30; maybe he
                  could say a few words then.

                  Commissioner Regalado: That'd be great.

                  Commissioner Winton: If y'all would like, I'll invite him.

                  Commissioner Regalado: That'd be great.

                  Commissioner Winton: Mr. Chairman --

                  Chairman Sanchez: Counsel.

                  Commissioner Winton: -- it's your will.

                  Chairman Sanchez: I apologize. Are you done?

                  Commissioner Winton: It's your will, if you would like me to invite him for five minutes at 2:30,
                  I'd be glad to.

                  Chairman Sanchez: Absolutely.

                  Commissioner Winton: OK.

                  Chairman Sanchez: All right. Counsel, go ahead and just give us a brief presentation.

                  Mr. Pastoriza: Gil Pastoriza, 2665 South Bayshore Drive. We were before you at the July
                  meeting with a first reading on the Comprehensive Plan amendment and the rezoning, and we
                  showed you the project itself. This is at Northwest 7th Avenue. It's a property that is zoned
                  industrial. All around it, it's zoned commercial. This is in the western fringes of Overtown; 577
                  units, a beautiful project that complies with the visions, the Miami 21 visions; fully lined project,
                  with plenty of open space at ground level; moderate height, starting from 8 to 19 floors;
                  commercial along 7th Avenue. I think that you saw it already one time. This is second reading.
                  I would ask for your support.



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                      Chairman Sanchez: All right. I believe there is a motion already on the floor and a second,
                      Madam Clerk --

                      Commissioner Allen: Second.

                      Commissioner Winton: -- and --

                      Chairman Sanchez: -- and we're still under discussion. Any discussion on the item?

                      Commissioner Winton: I don't know that I know -- I don't know that I don't know this developer,
                      but I would assume that this developer is most anxious to participate in the City of Miami's
                      Miami workforce program in hiring citizens -- residents from the City of Miami to -- in their
                      construction jobs.

                      Mr. Pastoriza: We would participate.

                      Mr. Muhammad: Thank you.

                      Chairman Sanchez: All right. Any further discussion on the item? If not, it is a -- it is an
                      ordinance.

                      Ms. Slazyk: It's an ordinance, yeah.

                      Chairman Sanchez: Mr. City Attorney, read the ordinance into the record, followed by a roll
                      call.

                      The Ordinance was read by title into the public record by the City Attorney.

                      Commissioner Allen: And --

                      Chairman Sanchez: The item --

                      Commissioner Allen: Yeah.

                      Chairman Sanchez: There's no more -- all right. Madam Clerk, roll call.

                      Priscilla A. Thompson (City Clerk): Roll call.

                      A roll call was taken, the result of which is stated above.

                      Ms. Thompson: The ordinance has been adopted on second reading, 5/0.

PZ.3      05-00619a   ORDINANCE                                                                      Second Reading
                      AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
                      ATTACHMENT(S), AMENDING PAGE NO. 23, OF THE ZONING ATLAS OF
                      ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                      CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
                      DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
                      FROM "I" INDUSTRIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE
                      PROPERTIES LOCATED AT APPROXIMATELY THE ENTIRE BLOCK
                      BOUNDED BY NORTHWEST 6TH AVENUE ON THE EAST, NORTHWEST
                      7TH AVENUE ON THE WEST, NORTHWEST 8TH STREET ON THE NORTH
                      AND NORTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, MORE
                      PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER

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City Commission                                   Meeting Minutes                                September 22, 2005

                        PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
                        EFFECTIVE DATE.
                         05-00619a Legislation.pdf
                         05-00619, 05-00619a & 05-00619b Exhibit A.pdf
                         05-00619a Analysis.pdf
                         05-00619a & 05-00619b Zoning Map.pdf
                         05-00619, 05-00619a & 05-00619b Aerial Map.pdf
                         05-00619a ZB Reso.pdf
                         05-00619a Application & Supporting Docs.pdf
                         05-00619a FR Fact Sheet.pdf
                         05-00619a SR Fact Sheet.pdf

                        REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-1 Restricted
                        Commercial to Change the Zoning Atlas

                        LOCATION: Approximately the Entire Block Bounded by NW 6th Avenue on
                        the East, NW 7th Avenue on the West, NW 8th Street on the North and NW 7th
                        Street on the South

                        APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, LLC,
                        Contract Purchaser

                        APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        ZONING BOARD: Recommended approval to City Commission on May 23,
                        2005 by a vote of 7-0. See companion File IDs 05-00619 and 05-00619b.

                        PURPOSE: This will change the above properties to C-1 Restricted
                        Commercial for the proposed Urban River Major Use Special Permit project.


                        Motion by Vice Chairman González, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        12730

                        Chairman Sanchez: PZ.3 is a companion.

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): Correct. That is a zoning change, also
                        been recommended for approval.

                        Vice Chairman González: Move --

                        Chairman Sanchez: All right.

                        Vice Chairman González: -- PZ.3.

                        Chairman Sanchez: There's a --


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City Commission                                   Meeting Minutes                                    September 22, 2005

                      Commissioner Allen: Second.

                      Chairman Sanchez: -- motion by Vice Chairman González, second by --

                      Commissioner Allen: Second.

                      Chairman Sanchez: -- Commissioner Allen. Before we go into discussion, it is an ordinance on
                      second reading, requiring a public forum. Anyone from the public wishing to address this item,
                      please step forward and be recognized. Seeing none, hearing none, the public hearing is closed,
                      coming back to the Commission for further discussion. Any discussion on the item? If not --

                      Commissioner Allen: Just a quick, favorable comment. I just want to thank, Mr. Pastoron [sic],
                      your clients, with respect to this type of economic development in the Overtown area, which is
                      part of my district. I want to see you guys continue in that stead, OK?

                      Mr. Pastoriza: Thank you.

                      Commissioner Allen: Appreciate it very much.

                      Mr. Pastoriza: Thank you. Our pleasure.

                      Chairman Sanchez: Mr. City Attorney, could you read the ordinance on second reading into the
                      record, followed by a roll call?

                      The Ordinance was read by title into the public record by the City Attorney.

                      Chairman Sanchez: Madam Clerk, roll call.

                      Priscilla A. Thompson (City Clerk): Roll call.

                      A roll call was taken, the result of which is stated above.

                      Ms. Thompson: The ordinance has been adopted on second reading, 5/0.

PZ.4      05-00619b   RESOLUTION
                      A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                      APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
                      PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
                      11000, AS AMENDED, FOR THE URBAN RIVER PROJECT, TO BE
                      LOCATED AT APPROXIMATELY THE ENTIRE BLOCK BOUNDED BY
                      NORTHWEST 6TH AVENUE ON THE EAST, NORTHWEST 7TH AVENUE ON
                      THE WEST, NORTHWEST 8TH STREET ON THE NORTH, AND
                      NORTHWEST 7TH STREET ON THE SOUTH, MIAMI, FLORIDA, TO
                      CONSTRUCT A TWO-BUILDING, MIXED-USE DEVELOPMENT RANGING IN
                      HEIGHT FROM APPROXIMATELY 141 FEET TO 197 FEET, TO BE
                      COMPRISED OF APPROXIMATELY 577-TOTAL MULTIFAMILY
                      RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
                      APPROXIMATELY 7,700 SQUARE FEET OF RETAIL SPACE; AND
                      APPROXIMATELY 930 TOTAL PARKING SPACES; PROVIDING FOR
                      CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING
                      TRANSMITTAL; 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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                  05-00619b Outside Cover.PDF
                  05-00619b Table of Contents.PDF
                  05-00619b Introduction.pdf
                  05-00619b Application for a Major Use Special Permit.pdf
                  05-00619b Application to Amend the Comp Neighborhood Plan.pdf
                  05-00619b Application to Amend the Zoning Atlas.pdf
                  05-00619b Application for Special Exception.pdf
                  05-00619b Phased Project Request.pdf
                  05-00619b Legal Description.pdf
                  05-00619b Disclosure of Ownership.pdf
                  05-00619b Ownership Affidavit.pdf
                  05-00619b Directory of Project Principals.pdf
                  05-00619b City of Miami Zoning Atlas Map, Pg 37.pdf
                  05-00619b City of Miami Future Land Use Map.pdf
                  05-00619b Aerial & Location Map.pdf
                  05-00619b Ownership List.PDF
                  05-00619b Project Data Sheet.PDF
                  05-00619b Summary of Approvals.pdf
                  05-00619b Title & Tax Information.pdf
                  05-00619b Company Information.PDF
                  05-00619b Article II - Project Description.PDF
                  05-00619b Survey.PDF
                  05-00619b Site Plan.PDF
                  05-00619b Traffic Impact Analysis.PDF
                  05-00619b Site Utility Study.PDF
                  05-00619b Economic Impact Analysis.PDF
                  05-00619b Architectural & Landscape Drawings.PDF
                  05-00619b Archeological Management Plan.PDF
                  05-00619b Legislation.pdf
                  05-00619b Exhibit A.pdf
                  05-00619b Exhibit B.pdf
                  05-00619b MUSP Analysis.pdf
                  05-00619a & 05-00619b Zoning Map.pdf
                  05-00619, 05-00619a & 05-00619b Aerial Map.pdf
                  05-00619b Miami-Dade Aviation Comments.pdf
                  05-00619b Pre-Application Design Comments.pdf
                  05-00619b Special Exception Fact Sheet.pdf
                  05-00619b Special Exception Analysis.pdf
                  05-00619b Special Exception Reso.pdf
                  05-00619b School Impact Analysis.pdf
                  05-00619b MUSP Reso.pdf

                  REQUEST: Major Use Special Permit for the Urban River Project

                  LOCATION: Approximately the Entire Block Bounded by NW 6th Avenue on
                  the East, NW 7th Avenue on the West, NW 8th Street on the North, and NW
                  7th Street on the South

                  APPLICANT(S): Lucky Royal, Inc, Owner and Urban River Partners, LLC,
                  Contract Purchaser

                  APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire
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                        FINDINGS:
                        PLANNING AND ZONING DEPARTMENT: Recommended approval with
                        conditions*.
                        PLANNING ADVISORY BOARD: Recommended approval with conditions*
                        to City Commission on June 15, 2005 by a vote of 5-0.
                        ZONING BOARD: Recommended approval with conditions* of a Certificate
                        of Compliance In Lieu of a Special Exception to the City Commission on May
                        23, 2005 by a vote of 7-0. See companion File IDs 05-00619 and
                        05-00619a.
                        *See supporting documentation.

                        PURPOSE: This will allow the development of the Urban River project.
                        Motion by Vice Chairman González, seconded by Commissioner Regalado, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0574

                        Chairman Sanchez: PZ (planning & zoning)--

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 --

                        Chairman Sanchez: -- 4 is also a companion.

                        Ms. Slazyk: -- is the actual Major Use Special Permit, which has just been presented to you. It's
                        been recommended for approval by the Planning Advisory Board, and approval by the Planning
                        Department. There are several conditions, which I met with the applicant on, and they've agreed
                        to, regarding final landscape plan, and asking the applicant to try to use their best efforts to
                        relocate a cellular facility that's on the property to the rooftop of the tower, and they've agreed
                        to that, so we recommend approval.

                        Chairman Sanchez: All right. Is there a motion?

                        Vice Chairman González: Move PZ.4, with conditions.

                        Chairman Sanchez: There's a motion to approve by Vice Chairman González, with conditions.
                        Is there a second? Is there a second?

                        Commissioner Allen: I'll second.

                        Commissioner Regalado: Second.

                        Chairman Sanchez: Second by Commissioner Regalado. The item is open under -- for
                        discussion. Before we do that, it is -- oh, it's a resolution, OK. Any discussion on the item? No
                        discussion on the item. All in favor, say "aye."

                        The Commission (Collectively): Aye.

                        Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.

                        Gilberto Pastoriza: Thank you.

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PZ.5      05-00623      ORDINANCE                                                               Second Reading
                        AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                        AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND
                        USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY
                        CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED
                        AT APPROXIMATELY 501 BRICKELL AVENUE, MIAMI, FLORIDA, FROM
                        "RECREATION" TO "OFFICE;" MAKING FINDINGS; DIRECTING
                        TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
                        PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
                        EFFECTIVE DATE.
                         05-00623 Legislation.pdf
                         05-00623 & 05-00623a Exhibit A.pdf
                         05-00623 Analysis.pdf
                         05-00623 Land Use Map.pdf
                         05-00623 & 05-00623a Aerial Map.pdf
                         05-00623 School Board Review.pdf
                         05-00623 PAB Reso.pdf
                         05-00623 Application & Supporting Docs.pdf
                         05-00623 FR Fact Sheet.pdf
                         05-00623 SR Fact Sheet.pdf

                        REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Office"
                        to Change the Future Land Use Designation of the Miami Comprehensive
                        Neighborhood Plan

                        LOCATION: Approximately 501 Brickell Avenue

                        APPLICANT(S): City National Bank, as Trustee Under Trust Number
                        2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park)
                        and The Related Group of Florida, Contract Purchaser

                        APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        PLANNING ADVISORY BOARD: Recommended approval to City
                        Commission on June 15, 2005 by a vote of 6-0. See companion File IDs
                        05-00623a and 05-00623b.

                        PURPOSE: This will change the above property to Office for the proposed
                        Icon Brickell Major Use Special Permit project.
                        Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        12731

                        Chairman Sanchez: PZ.5 --


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                  Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning and Zoning) --

                  Chairman Sanchez: -- is an ordinance on second reading.

                  Ms. Slazyk: Correct. -- 6, and 7 are companion items. This is for the Icon Brickell project; 5
                  and 6 are the land use and zoning changes, and number 7 is the actual Major Use Special
                  Permit. There is one change on number 7 I just want to read into the record. On condition
                  number 11, conditions 11D and E--

                  Priscilla A. Thompson (City Clerk): I'm sorry, Lourdes, are you --

                  Ms. Slazyk: I'm sorry.

                  Ms. Thompson: -- is this on num -- PZ.7?

                  Ms. Slazyk: Actually, should I wait till we get to 7?

                  Ms. Thompson: Please.

                  Chairman Sanchez: Yes.

                  Ms. Slazyk: OK. All right.

                  Chairman Sanchez: Let's stay on PZ.5.

                  Ms. Slazyk: 5 and 6 are the land use and zoning change, as -- they've been recommended for
                  approval and passed by this Commission on first reading.

                  Chairman Sanchez: Well, whoa, whoa, whoa. For the point of clarification, we are on PZ.5
                  right now.

                  Ms. Slazyk: 5, yes.

                  Chairman Sanchez: OK.

                  Ms. Slazyk: 5 and 6 are the land use and zoning changes.

                  Chairman Sanchez: OK.

                  Ms. Slazyk: PZ.5 is recommended for approval; passed by the Planning Advisory Board, and
                  passed by the Commission first reading in July.

                  Chairman Sanchez: All right.

                  Commissioner Allen: I move the item.

                  Chairman Sanchez: Applicant. Well, hold -- applicant --

                  Lucia Dougherty: Yes.

                  Chairman Sanchez: -- are you ready?

                  Ms. Dougherty: Mr. Chairman, members of the Commission, Lucia Dougherty, with offices at
                  1221 Brickell Avenue. I'm here today with Christina Cuervo and Gary Marks from The Related
                  Companies of Florida. This is -- actually, the first two items are the rezoning and

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City Commission                               Meeting Minutes                                    September 22, 2005

                  Comprehensive Plan change for a sliver of property that is adjacent to the Brickell Park that was
                  actually owned by the Brickell heirs; it was their cemetery. It was never part of the Brickell
                  Park. We are seeking a rezoning to SD-5, which is consistent with the property that The Related
                  Companies bought, which was the former Sheraton Brickell site. This is actually a companion to
                  the Major Use Special Permit, which is also a companion to a former agreement that you all
                  entered into with The Related Companies in Florida [sic], which dedicates, in perpetuity, the
                  park to the City of Miami. The Related Companies has also agreed to actually improve the park
                  and improve the dedicated walkway around the park. It also puts to bed a litigation between the
                  Brickell heirs that the City of Miami has had for at least 15 years. They've also agreed -- in
                  return for that, the City has agreed to allow us to use, as an easement for temporary construction
                  purposes, a portion of the park immediately adjacent to the property. With that, I'd like Sherry
                  Gutierrez, with Arquitectonica, to walk you through the project, unless you want to take action
                  first on the rezoning, which is the sliver. It's only a 90,000 square foot sliver that was never part
                  of the park.

                  Commissioner Winton: So moved.

                  Chairman Sanchez: All right.

                  Commissioner Allen: Second.

                  Chairman Sanchez: All right. This is PZ.5. There is a motion by Commissioner Winton, second
                  by Commissioner Allen. The item is under discussion. Before we open it up for discussion on
                  the dais, let's go ahead and open it up to the public. It is an ordnance on second reading. It's a
                  public hearing. Anyone from the public wishing to address this item, please step forward and be
                  recognized. Seeing none, hearing none, the public hearing is closed, coming back to the
                  Commission. That's PZ.5. Any discussion on PZ.5?

                  Commissioner Allen: Yeah, just one quick question. I may have --

                  Chairman Sanchez: Commissioner Allen, you're recognized for the record.

                  Commissioner Allen: -- been distracted. I recall, there was some litigation. Has that been
                  completely resolved?

                  Jorge L. Fernández (City Attorney): Yes.

                  Ms. Dougherty: It will be in connection with this, yes.

                  Commissioner Allen: OK. Thank you.

                  Chairman Sanchez: Any further discussion on the item? If -- Commissioner --

                  Commissioner Winton: Mr. Chairman --

                  Chairman Sanchez: -- Winton.

                  Commissioner Winton: -- and I think it is important to make this abundantly clear on the record
                  so that everybody gets it straight. This has been in litigation for probably 15 years. This
                  Commission made a decision, I think the year I got elected, which was 1999, because we've been
                  fighting forever. The prior administration, prior to '99, tried to actually sell this land, and part
                  of the -- well, I don't want to go back that far. As a part of a proposed settlement by the Brickell
                  family before I got elected, the proposed settlement was that, in fact, the land would be sold, and
                  it would be sold obviously to the highest bidder, and the proceeds would be split 50 percent to
                  the City of Miami, 50 percent to the Brickell family, and the people from the area were -- thought

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                      that was the worst idea they can imagine. I thought it was the worst idea that we can imagine,
                      and the City had an option. The option was to actually stay in federal court and let a judge
                      ultimately decide. Our argument was that it was a park; had always been a park; it had been
                      treated as a park; would always be a park, and that was our argument. The Brickell's argument
                      was that we had abused it as a park, and there was a reverter clause, and they wanted a reverter
                      enforced, and it really belongs to them because the City hadn't maintained it as a park, and in
                      our community, we felt strongly that rather than settling, we would rather go to court and let a
                      judge decide. Now, you all know, when you go to court and let a judge decide, it could go either
                      way, so there was real great risk. What this settlement does is eliminates that risk, and
                      guarantees that forevermore we have a park where a park's always been, and that was the
                      argument that we all made, that we discussed, but I felt it important to put that point back on the
                      record very, very clearly so that the public understood that this donation of this sliver of land
                      wasn't giving away more park space; it was a part of the settlement where we've actually got a
                      land trade, so we don't have a net loss, but most importantly, we have a major gain because
                      we're assured we keep a park in our City in perpetuity.

                      Ms. Dougherty: Well said.

                      Chairman Sanchez: All right. That is -- it's an ordinance on second reading. Mr. City Attorney,
                      read it into the record, and then followed by a roll call. It's PZ.5.

                      Mr. Fernandez: Yes.

                      The Ordinance was read by title into the public record by the City Attorney.

                      Ms. Thompson: Roll call.

                      A roll call was taken, the result of which is stated above.

                      Ms. Thompson: The ordinance has been adopted on second reading, 5/0.

PZ.6      05-00623a   ORDINANCE                                                                      Second Reading
                      AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
                      ATTACHMENT(S), AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF
                      ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                      CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
                      DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
                      FROM "PR" PARKS AND RECREATION TO "SD-5" BRICKELL AVENUE
                      AREA RESIDENTIAL-OFFICE DISTRICT, FOR THE PROPERTY LOCATED
                      AT APPROXIMATELY 501 BRICKELL AVENUE, MIAMI, FLORIDA, MORE
                      PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER
                      PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
                      EFFECTIVE DATE.
                      05-00623a Legislation.pdf
                      05-00623 & 05-00623a Exhibit A.pdf
                      05-00623a Analysis.pdf
                      05-00623 & 05-00623a Zoning Map.pdf
                      05-00623 & 05-00623a Aerial Map.pdf
                      05-00623a ZB Reso.pdf
                      05-00623a Application & Supporting Docs.pdf
                      05-00623a FR Fact Sheet.pdf
                      05-00623a SR Fact Sheet.pdf


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                        REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to
                        SD-5 Brickell Avenue Area Residential-Office District to Change the Zoning
                        Atlas

                        LOCATION: Approximately 501 Brickell Avenue

                        APPLICANT(S): City National Bank, as Trustee Under Trust Number
                        2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park)
                        and The Related Group of Florida, Contract Purchaser

                        APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        ZONING BOARD: Recommended approval to City Commission on May 23,
                        2005 by a vote of 7-0. See companion File IDs 05-00623 and 05-00623b.

                        PURPOSE: This will change the above property to SD-5 Brickell Avenue Area
                        Residential-Office District for the proposed Icon Brickell Major Use Special
                        Permit project.


                        Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        12732

                        Chairman Sanchez: All right. We move on to PZ.6, which is -- it's a companion item --

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes.

                        Chairman Sanchez: -- to PZ.5.

                        Ms. Slazyk: This is the zoning change that goes along with the comp. plan amendment you just
                        passed. It's also been recommended for approval.

                        Commissioner Allen: I move --

                        Chairman Sanchez: All right.

                        Commissioner Allen: -- the item.

                        Commissioner Winton: So moved.

                        Commissioner Allen: Second.

                        Chairman Sanchez: There's a motion on the record by Commissioner Allen and Commissioner
                        Winton. It is an ordinance, second reading. Before we do that, let's go ahead and open it up to
                        the public. Anyone from the public wishing to address this item, please step forward and be
                        recognized. Is there anyone? Hearing none, seeing none, the public hearing is closed, coming
                        back to the Commission for discussion. Any discussion on the item? If not, Madam Attorney,

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                      applicant, you want to put something on the record?

                      Lucia Dougherty: On the Major Use Special Permit?

                      Chairman Sanchez: Yes.

                      Jorge L. Fernández (City Attorney): No --

                      Ms. Dougherty: Yes.

                      Ms. Slazyk: The zoning -- no, on the zoning.

                      Mr. Fernández: -- zoning. This is (UNINTELLIGIBLE) zoning change.

                      Chairman Sanchez: PZ.6, PZ.6.

                      Ms. Dougherty: No. I made my comments with regard to the Comprehensive Plan in the Zoning
                      Ordinance.

                      Chairman Sanchez: All right. Any further discussion from the Commission? If not, it's an
                      ordinance on second reading. Mr. City Attorney, read the ordinance into the record, followed by
                      a roll call.

                      The Ordinance was read by title into the public record by the City Attorney.

                      Priscilla A. Thompson (City Clerk): Roll call.

                      A roll call was taken, the result of which is stated above.

                      Ms. Thompson: The ordinance has been adopted on second reading, 5/0.

PZ.7      05-00623b   RESOLUTION
                      A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                      APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
                      PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
                      11000, AS AMENDED, FOR THE ICON BRICKELL PROJECT, TO BE
                      LOCATED AT APPROXIMATELY 495 AND 501 BRICKELL AVENUE, MIAMI,
                      FLORIDA, TO CONSTRUCT A MIXED-USE THREE-BUILDING CLUSTER
                      DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 520 FEET
                      TO APPROXIMATELY 604 FEET, TO BE COMPRISED OF APPROXIMATELY
                      1,705 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL
                      AMENITIES; APPROXIMATELY 95 HOTEL UNITS; APPROXIMATELY 25,000
                      SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 2,085 TOTAL
                      PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO
                      ("FAR") BONUSES; DIRECTING TRANSMITTAL; 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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                  05-00623b Outside Cover.PDF
                  05-00623b Inside Cover.PDF
                  05-00623b Table of Contents.PDF
                  05-00623b Article I - Project Information.PDF
                  05-00623b Planning Memo with Letter of Intent.PDF
                  05-00623b Major Use Special Permit Application.PDF
                  05-00623b Zoning Write Up.PDF
                  05-00623b Zoning Atlas.PDF
                  05-00623b Project Data Sheet.PDF
                  05-00623b Computer Tax Printout - Deed.PDF
                  05-00623b Ownership List.PDF
                  05-00623b State of Florida Documents.PDF
                  05-00623b Owner Authorization Letter.PDF
                  05-00623b Tree Removal Permit.PDF
                  05-00623b Directory of Project Principals.PDF
                  05-00623b Article II - Project Description.PDF
                  05-00623b Article III - Supporting Documents.PDF
                  05-00623b Minority Construction Employment Plan.PDF
                  05-00623b Traffic Impact Analysis.PDF
                  05-00623b Site Utility Study.PDF
                  05-00623b Economic Impact Analysis.PDF
                  05-00623b Survey of Property.PDF
                  05-00623b Revised Drawings Submitted.PDF
                  05-00623b Legislation.pdf
                  05-00623b Exhibit A.pdf
                  05-00623b Exhibit B.pdf
                  05-00623b Analysis.pdf
                  05-00623b Zoning Map.pdf
                  05-00623b Aerial Map.pdf
                  05-00623b Miami-Dade Aviation Comments.pdf
                  05-00623b Pre-Application Desgin Comments.pdf
                  05-00623b Sufficiency Letter.pdf
                  05-00623b HEBP Reso.pdf
                  05-00623b Miami-Dade Aviation Additional Comments.pdf
                  05-00623b School Impact Review.pdf
                  05-00623b PAB Reso.pdf
                  05-00623b Fact Sheet.pdf

                  REQUEST: Major Use Special Permit for the Icon Brickell Project

                  LOCATION: Approximately 495 and 501 Brickell Avenue

                  APPLICANT(S): City National Bank, as Trustee Under Trust Number
                  2401-1863-00, Owner and City National Bank of Florida, Trust (Brickell Park)
                  and The Related Group of Florida, Contract Purchaser

                  APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire

                  FINDINGS:
                  PLANNING AND ZONING DEPARTMENT: Recommended approval with
                  conditions*.
                  HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD:
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                        Recommended approval with conditions* of a Certificate of Appropriateness
                        to City Commission on May 3, 2005 by a vote of 6-0.
                        PLANNING ADVISORY BOARD: Recommended approval with conditions*
                        to City Commission on June 15, 2005 by a vote of 6-0. See companion File
                        IDs 05-00623 and 05-00623a.
                        *See supporting documentation.

                        PURPOSE: This will allow the development of the Icon Brickell project.
                        Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                        be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0575

                        Direction to the Administration by Commissioner Winton to contact Mabel Miller accepting her
                        offer to design nature trails within the City pro bono.

                        Chairman Sanchez: All right. We go on to the next one.

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.7 is the Major Use Special Permit,
                        and I just have one change in the conditions. Condition 11D talks about a very specific large
                        specimen tree on the property, and since -- this condition also covers the fact that they have to
                        give us a tree disposition plan and a final landscape plan. This one is too specific. We don't
                        know where exactly it's going to end up, so what I'd like to do is remove just condition 11D, and
                        they'll have to work with us with their disposition plan, mitigation plan, and final landscape
                        plan. It's all covered, but to be very specific about one tree, I don't want them to have to come
                        back to you if something changes. This way we can work the details out with them ourselves --

                        Commissioner Winton: Agreed.

                        Ms. Slazyk: -- so I'd like to remove condition 11D; otherwise, it's been recommended for
                        approval by the Planning Advisory Board and approval by the Department.

                        Chairman Sanchez: All right.

                        Commissioner Winton: So moved.

                        Chairman Sanchez: There's a motion by Commissioner Winton. Is there a second?

                        Vice Chairman González: Second.

                        Chairman Sanchez: Second by Vice Chairman González. Before we open it up -- well, it's a
                        resolution. All right. Ma'am, would you like to put something on the record?

                        Lucia Dougherty: We are prepared to make a full presentation regarding the architecture, if
                        that's something the Commission would like to see. Sherry Gutierrez --

                        Chairman Sanchez: I would.

                        Ms. Dougherty: -- from Arquitectonica, is here today and will do that presentation.

                        Chairman Sanchez: All right. You're recognized for a presentation.

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                  Sherry Gutierrez: Good morning, Commissioners. My name is Sherry Gutierrez, with
                  Arquitectonica, at 801 Brickell Avenue, Suite 1100. I'll give you sort of a brief presentation. I
                  know you've all seen this before. This is the Icon Brickell project, which is located at the current
                  site of the Sheraton hotel, 495 Brickell Avenue, situated between the Miami Circle Park and the
                  Brickell Park. The project, as a whole, consists of three towers that sit on top of a residential
                  parking podium. On the eastern side of that podium, we're flanked with 49 residential units,
                  topped with a spa. The northeast tower and the southeast towers are each 57 stories. The
                  Brickell Tower is 49 stories, and the three of them contain 1,705 residential units. The parking
                  pedestal itself is 141 feet, topped with the residential amenity deck used for the project. That's
                  the basic of it.

                  Commissioner Winton: I think we're interested in hearing about the treatment of the public
                  spaces and green space.

                  Commissioner Allen: Yes.

                  Ms. Gutierrez: For that, I'm going to defer to George with Edaw.

                  George Puig: Good morning, Commissioners. My name is George Puig, with Edaw, Inc.,
                  landscape architects, 1688 Meridian Avenue, Miami Beach. As you know, the south side of the
                  property borders Brickell Park, and right now, there's a lot of trees within the park area,
                  especially towards the western portion. Most of those trees are going to remain. Let me walk
                  over there so I can show you.

                  Commissioner Winton: Does -- you got the microphone?

                  Chairman Sanchez: Here you go.

                  Ms. Slazyk: Just for the record, too, the project does have a bay walk component, which is a
                  significant open space, which they may want to touch on.

                  Mr. Puig: So, this is the project site right over here; Brickell Park is to the south. Towards the
                  western portion, there are a lot of existing trees, which are going to be preserved, and that acts
                  as dual function. First of all, it provides a nice green space for the uses of the City of Miami;
                  also, a buffer between the property and the park. Now, there were a lot of trees within the
                  property site itself that were relocated. Over 300 trees were relocated to either park properties
                  or City properties, and that was done as part of the coordination efforts with the City. That
                  included palm trees -- mostly native. A lot of oak trees also were relocated from the site over to
                  the Brickell Park site, so we increased the total canopy coverage. Towards the western portion,
                  where the parking garage will be, the idea is to provide a treatment in order to soften some of
                  the architecture, and the idea is to provide a vine that would cover the parking podium. This will
                  be done on each level of the parking garage, where you have the square openings. We will have
                  planters, and each one of those planters will contain this vine that would grow out, hug the wall,
                  and soften that edge, so in addition to having big trees -- right now, that whole edge has big
                  trees; all these are existing, so that would act as a buffer and as a secondary buffer, where you
                  will have the vine on the walls. As you can see, some of these images showed that type of
                  treatment throughout other buildings in the Miami area. Further down against the water's edge,
                  this is the area where we located a lot of large oak trees already, and then you have the
                  promenade along the water.

                  Chairman Sanchez: Could you elaborate a little bit more on the bay walk?

                  Mr. Puig: Sure. Right now, there's no treatment -- any pedestrian treatment at all within the
                  bay walk area. It's just riprap along the edge, so the concept is to have a walkway treatment that
                  takes you from Brickell Avenue, passive walkway through the park, and connects you along the

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                  bay walk. There's no continuous walkway right now, so it would be a meandering treatment of
                  walkway concrete, special concrete, and trees that would, you know, have -- come out of planters
                  along that walkway. It would vary in width to accommodate both seating and people walking,
                  and the idea is to connect that all the way through along the edge of the riverfront. There's
                  nothing right there now. It's just grass up to the water's edge, so what this would do is allow for
                  pedestrian access, which, right now, there's no pavement that would allow people to enjoy the
                  park all the way to the water's edge.

                  Chairman Sanchez: All right. Any further questions? If not, this is a resolution.

                  Commissioner Regalado: One question. Could you tell --

                  Chairman Sanchez: Commissioner Regalado, you're recognized.

                  Commissioner Regalado: Thank you, Mr. Chairman. Access to the circle, how would that be?

                  Mr. Puig: The idea -- and please keep in mind that this -- you know, it's under State property
                  and it's really -- but the concept basically is that you would have access from Brickell Avenue
                  over across through the bottom of the tower here, through the drop-off area; people will walk
                  across into some kind of paving area, they would access the park, so you would have two
                  accesses; through this area and then also through Brickell Park. You would go from Brickell
                  Avenue along the south side through a meandering walk, and then all along the water's edge,
                  connecting to the Brickell Park site along the water's edge, so you would have two opportunities
                  to enter the site.

                  Commissioner Winton: And actually, the accessibility for public is much more dramatic than
                  he's discussing --

                  Chairman Sanchez: Exactly.

                  Commissioner Winton: -- because the fact of the matter is is that on Brickell Key, you already
                  have a continuous bay walk, if you will, around the entire Key, coming across the bridge. That
                  bay walk -- I don't know what tower it's called now, but it used to be called the Barnett Bank
                  tower there at 8th Street. That -- the bay walk already exists there, and so you've got to bay walk
                  behind Barnett tower. If we could get the church to agree to do something right there, you could
                  have a continuous bay walk that goes essentially from the Four Ambassadors all the way to the
                  mouth of the river beyond and that could connect to the bay walk that's ultimately going up that's
                  going to be done on -- with the projects on the south side of the river there, so this element,
                  absent the church itself, is a huge addition to creating some real linear space and distance that
                  bikers, and joggers, and rollerbladers, and people like that could actually utilize for accessing
                  the waterfront and doing exercise.

                  Chairman Sanchez: But I think the most important factor here is the continuity to make sure that
                  the bay walk, as we go along -- and people need to realize -- that we are protecting the bay, you
                  know, and having bay walks established. We all know the sins of the past when you had
                  development that denied the people the right for that bay walk in this block. These projects
                  enhances people to come and participate and walk and enjoy the bay walk, and you know, the
                  one thing that we continue to lack in this community is that, you know, we don't have areas
                  where people could get out of their homes and walk after dinner, or walk their dogs, or walk with
                  the children, and have an ambience where people could enjoy the beauty of our city, which is
                  basically -- above all, it's the people, but of course, we do have a beautiful bay. We do have
                  beautiful tropical climate that people need to enjoy, and this is what we're shooting for here, to
                  make sure that, in the past -- in the future, that we protect that area, because that is truly the
                  people's property, and it's great for developers to step up and work with government to make
                  sure that we do have a plan in place to make sure that, in the future, we do protect that area.

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                  Bill Thompson: May I add something?

                  Chairman Sanchez: Sure.

                  Mr. Thompson: Just wanted to --

                  Commissioner Winton: Name and address for the record.

                  Mr. Thompson: -- point out that --

                  Commissioner Winton: Bill --

                  Chairman Sanchez: Name and address.

                  Commissioner Winton: -- name and address.

                  Mr. Thompson: Bill Thompson, The Related Group of Florida, 22 -- 2828 Coral Way. The bay
                  walk in front of the -- in each -- in front of each of the two towers on the water is a public
                  restaurant, and those restaurants will be accessible from inside the building through a valet, as
                  well as through the walkway through the park, so we're trying to make this bay walk very
                  interactive with the public by creating two restaurants along with the (UNINTELLIGIBLE) that's
                  going on in the bay walk.

                  Chairman Sanchez: But see, if you wouldn't have said that here today, people wouldn't have
                  known about it, and it's important for us to provide information to those that are out there
                  listening to us through Net-9 or -- that are participating in the process, that there are going to be
                  restaurants out there; for people to walk out of their homes and maybe park and then, you know,
                  take the bay walk and go to restaurant, and then walk a couple of miles and lose a couple of
                  pounds, you know.

                  Mr. Puig: In addition, the restaurant area, the outdoor eating area is at the bay walk level, so
                  that's important because it provides direct access from people walking on the bay walk to walk
                  over and sit down and have a meal outside at the bay walk level, so that's super important,
                  because --

                  Commissioner Winton: And put the pounds back on.

                  Mr. Puig: -- it really opens --

                  Commissioner Allen: Yeah, and Mr. Chairman --

                  Chairman Sanchez: But hold on, and I'll pass the gavel. See, the bay walk there goes all along
                  the edge, then you could go over the river, and then the bay walk starts all over again, where you
                  could go Miami one, pass by the Intercontinental, Bayfront Park, and that's the vision that
                  people at times don't see, that we are protecting the bay walk, that we're focusing on creating a
                  new city with ambience for everyone to enjoy, not just the people that are buying those
                  condominiums. I mean, it's not like the past, where you bought a condominium there and you
                  had a gated community, and you can't get through.

                  Commissioner Allen: Exactly.

                  Chairman Sanchez: Now, you could walk through; go to the restaurant, go along the bay walk
                  and enjoy the scenery.



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                  Commissioner Allen: Yeah, and --

                  Mr. Thompson: I just want to add one other thing. You know, our vision is to continue that bay
                  walk around Miami Circle, and of course, we have to work with the State and everyone else to do
                  that, but we've already submitted the design to them, and that seems to be one of the features in
                  the park that everybody agrees with, is to create a continuous walkway that goes all the way to
                  the bridge, and then, at some point in the future, you may be able to go under the bridge and
                  continue down the river.

                  Commissioner Allen: And Mr. Chairman, I just want to just say something very complimentary
                  to Related Group. I truly admire what you're doing here. You're making it both open and
                  obvious for the public to participate in this, unlike what they do in Sunny Isles. It just seems to
                  me you guys are heading in the right direction, and I really admire what you're doing, making it
                  open and obvious for the public to participate in this, so thank you very much.

                  Chairman Sanchez: All right. Is there any further discussion on this item? If not, it is a
                  resolution However, it requires a public hearing. Anyone from the public wishing to address
                  this item, please step forward and be recognized.

                  Grady Muhammad: Good morning again, Mr. -- Commissioners, Chairman. Grady
                  Muhammad, representing Contractors Resource Center, 1730 Biscayne Boulevard, which is a
                  network of small minority, particularly black contractors. There is no issue as it relates to
                  enforcement, but with -- in reference to the -- Mr. Thompson and The Related Group, it's a
                  wonderful project. We would hope, if it has not yet been letted out, the contractors that we
                  represent are certified, licensed, insured, bonded by the State of Florida, City of Miami,
                  Miami-Dade County --

                  Commissioner Winton: Muhammad, get all that information in --

                  Mr. Muhammad: I --

                  Commissioner Winton: -- Bill's hands.

                  Mr. Muhammad: I -- Mr. Thompson, I think, for the record, I sent you something a few months
                  ago in reference to the Icon Brickell and some other projects, and as well as I'd given you a
                  card, so we can definitely be able to -- have an opportunity to sit down with them so we can have
                  contractors in this community to be able to work on these wonderful projects. Thanks again.

                  Chairman Sanchez: Morning, ma'am.

                  Mabel Miller: It's still morning, isn't it?

                  Chairman Sanchez: Yes, it is.

                  Ms. Miller: Mabel Miller, 210 Sea View Drive. It's wonderful that things are coming together
                  as they are, and I think you're aware that I've already helped your very capable botanist, Juan
                  Fernandez, design a nature trail on Virginia Key, 15 acres. We're going to proceed with that,
                  but I want to offer my services, pro bono. My hobby is designing nature trails built around
                  natural indigenous plants, and I'm offering to help design a trail for the access walk near the
                  bay, and so if you'll just call on me, we'll get to work, all right?

                  Commissioner Winton: You know --

                  Chairman Sanchez: We certainly appreciate that. Not that many people show up here and
                  volunteer their services.

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                  Commissioner Allen: You got my support.

                  Commissioner Winton: Let me -- we have a much bigger effort going on with the entire bay
                  walk, and particularly the part that seems to be moving a little quicker -- well, actually, there's
                  two parts. Part of the river stuff's going pretty quickly and so is some of the bay walk along the
                  parkland fronting downtown, and we're actually working on some design stuff, aren't we?

                  Ms. Slazyk: Yes. There are several efforts going on. We know Ms. Miller. We've worked with
                  her in the past, so if anything arises, I'm sure we will --

                  Commissioner Winton: Then why don't --

                  Ms. Slazyk: -- call on her.

                  Commissioner Winton: Y'all make sure that --

                  Ms. Slazyk: Yeah.

                  Commissioner Winton: -- you get her plugged into the process so that, you know, if she's going
                  to do this pro bono, we ought to be thrilled because I'm thrilled, because I know that one of the
                  struggles we've had in getting design done is we don't have enough money to pay the designer,
                  so now we've got a designer that's free, that doesn't take any money, and so that helps move the
                  thing along, so I hope that -- I would hope that staff will -- because I don't know if Mabel was
                  really offering on such a global scale, but I'm going to accept it on a more global scale than just
                  this one development.

                  Ms. Miller: Let's get going. Sure.

                  Chairman Sanchez: All right. Anyone else wishing to address this item, please step forward and
                  be recognized. Yes, ma'am. State your name and address for the record.

                  Judith Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace --

                  Chairman Sanchez: Ma'am, could --

                  Ms. Sandoval: -- Silver Bluff.

                  Chairman Sanchez: I'm sorry. Could you state your name again? Madam Clerk didn't get it.

                  Ms. Sandoval: Yes. Judith Sandoval, 2536 Southwest 25 Terrace. I'm with Miami
                  Neighborhoods United and the Parks Committee, and I just have a question, because I don't
                  know that much about the details of it, but I understood that The Related Group -- I would
                  address this to Mr. Thompson -- had made some arrangement or made some promises in regard
                  to facilities that they would donate and -- around the Miami Circle, and I just -- and in relation
                  to it, and I heard what you said this morning, but I understood there was going to be building of
                  laboratories or something like that, and I wondered if you would just go into a little detail about
                  how that agreement is moving along.

                  Mr. Thompson: Yes, I will address that. We've been working with the State to do a couple
                  things. First of all, we've given them a plan, and the plan is pretty similar to this. The parking
                  has been tweaked a little bit, but it's very similar, and what we have told them that we would do
                  is we would build some type of welcome center, interactive center, along with a bathroom facility
                  either here on our buffer piece, or actually in the circle, wherever they would prefer, on the
                  northeast corner of our site or the southeast corner of their site. We also indicated to them that

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                     we would work with them in terms of helping to fund the bay walk and/or some of the parking in
                     this facility, and we have been pretty much consistent with that all the way through, and I'll
                     probably be getting back to Ryan Wheeler in the next couple of days in writing as to exactly what
                     that is, but he and I have had several phone conversations on that matter.

                     Commissioner Winton: But isn't -- this question to staff. That's an issue between the developer
                     and the State of Florida, which owns --

                     Ms. Slazyk: Yeah, right. You don't tie it into the MUSP (Major Use Special Permit). I think
                     that's something that they're doing extra --

                     Mr. Thompson: That's correct.

                     Ms. Slazyk: -- and what would happen is --

                     Commissioner Winton: That's over and above.

                     Ms. Slazyk: -- when those facilities are planned and ready and they're ready for some sort of
                     permit, then we will look at the final design of those --

                     Commissioner Winton: OK. Thank you.

                     Ms. Slazyk: -- but at this point, it's premature.

                     Mr. Thompson: I agree. We're just trying to be a good neighbor on the Circle, and we've been
                     consistent in our message.

                     Commissioner Winton: Thank you.

                     Chairman Sanchez: All right. Any -- well, is there anyone else from the public? All right. At
                     this time, the public hearing is closed, coming back to the Commission. I believe there was a
                     motion and a second. It is under discussion. Any further discussion? If not, this is -- it's a
                     resolution? All in favor, say "aye."

                     The Commission (Collectively): Aye.

                     Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.

                     Ms. Thompson: As modified.

                     Chairman Sanchez: As modified, yes, for the record.

                     Ms. Slazyk: Thank you.

PZ.8      05-00762   RESOLUTION
                     A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                     APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
                     PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO.
                     11000, AS AMENDED, FOR THE EHDEN PLACE PROJECT, TO BE
                     LOCATED AT APPROXIMATELY 54-62 NORTHWEST 27TH AVENUE,
                     MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 161-FOOT,
                     14-STORY HIGH MIXED-USE STRUCTURE TO BE COMPRISED OF
                     APPROXIMATELY 57 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
                     RECREATIONAL AMENITIES; APPROXIMATELY 365 SQUARE FEET OF
                     OFFICE SPACE; AND APPROXIMATELY 119 TOTAL PARKING SPACES;
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City Commission                         Meeting Minutes                  September 22, 2005

                  PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES;
                  DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING
                  CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
                  CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
                  EFFECTIVE DATE.
                  05-00762 Outside Cover.PDF
                  05-00762 Table of Contents.PDF
                  05-00762 Introduction.PDF
                  05-00762 Major Use Special Permit Application.PDF
                  05-00762 Legal Description.PDF
                  05-00762 Disclosure of Ownership.PDF
                  05-00762 Ownership Affidavit.PDF
                  05-00762 Directory of Project Principals.PDF
                  05-00762 City of Miami Zoning Atlas Map, Pg 33.PDF
                  05-00762 City of Miami Future Land Use Map.PDF
                  05-00762 Aerial & Location Map.PDF
                  05-00762 Ownership List.PDF
                  05-00762 Project Data Sheet & Summary.PDF
                  05-00762 Summary of Approvals.PDF
                  05-00762 Ownership & Tax Information.PDF
                  05-00762 Company Information.PDF
                  05-00762 Article II - Project Description.PDF
                  05-00762 Survey.PDF
                  05-00762 Site Plan.PDF
                  05-00762 Traffic Impact Analysis.PDF
                  05-00762 Site Utility Study.PDF
                  05-00762 Economic Impact Analysis.PDF
                  05-00762 Architectural & Landscape Drawings.PDF
                  05-00762 Legislation.pdf
                  05-00762 Exhibit A.pdf
                  05-00762 Exhibit B.pdf
                  05-00762 Analysis.pdf
                  05-00762 Zoning Map.pdf
                  05-00762 Aerial Map.pdf
                  05-00762 Pre-Application Design Comments.pdf
                  05-00762 Miami-Dade Aviation Comments.pdf
                  05-00762 School Impact Review Analysis.pdf
                  05-00762 PAB Reso.pdf
                  05-00762 Fact Sheet.pdf
                  05-00762-Submittal.pdf

                  REQUEST: Major Use Special Permit for the Ehden Place Project

                  LOCATION: Approximately 54-62 NW 27th Avenue

                  APPLICANT(S): Mouawad Enterprises, Inc.

                  APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire

                  FINDINGS:
                  PLANNING AND ZONING DEPARTMENT: Recommended approval with
                  conditions*.
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                        PLANNING ADVISORY BOARD: Recommended approval with conditions*
                        to City Commission on July 6, 2005 by a vote of 5-0.
                        *See supporting documentation.

                        PURPOSE: This will allow the development of the Ehden Place project.
                        Motion by Commissioner Regalado, seconded by Vice Chairman González, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 3 - Commissioner González, Sanchez and Regalado
                        Absent: 2 - Commissioner Winton and Allen

                        R-05-0578

                        Chairman Sanchez: All right. Let's go back to PZ.8. It's a Major Use Special Permit. Thank
                        you very much for your presentation.

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is a Major Use Special Permit
                        for a project called Ehden Place. It's located at 54 to 62 Northwest 27th Avenue. This is a
                        mixed-use structure. It's going to have approximately 57 multifamily residential units with some
                        recreational amenities, some office space; 119 parking spaces. It's been recommended for
                        approval by the Planning Advisory Board and approval by the Planning Department. The only
                        condition that we still have attached to it related to design has to do with a final landscape plan
                        for review and approval. Just as the project progresses, we'd like to see the final version of that
                        plan; otherwise, we recommend approval.

                        Commissioner Allen: OK. PZ.8, correct?

                        Ms. Slazyk: Yes.

                        Commissioner Winton: Whose district --

                        Commissioner Regalado: OK.

                        Commissioner Winton: -- is this in?

                        Commissioner Allen: Mr. Chairman.

                        Commissioner Regalado: It's mine.

                        Commissioner Winton: Oh.

                        Commissioner Regalado: Mr. Chairman, if I may?

                        Vice Chairman González: Sure, go ahead.

                        Commissioner Regalado: Just wanted to make a comment, and it has to do with, you know, the
                        construction boom in some parts of the City and other parts being forgotten. This is in District
                        4, and if we approve this and the developer goes ahead with it, it will be the first new
                        construction in the last 15 to 20 years. From Northwest 7th Street on 27th Avenue to Southwest
                        14th Street, 21 blocks on the 27th Avenue corridor, it would be the first new construction from
                        27th Avenue, from Northwest 7th Street to 37th Avenue, and from 30 -- 27th Avenue all the way
                        to 16th Street to 37th Avenue. That means, then, in about 60 blocks there have been no
                        construction at all in the City of Miami. I mean, on District 4. This area, Northwest 27th
                        Avenue, West Little Havana, that particular place, actually, it had a building -- was a property in
                        that condemned building --
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                  Gilberto Pastoriza: In the -- just north of us.

                  Commissioner Regalado: OK. Well, that building has been a headache for years and years and
                  years. It's a condemned building. I believe it's in litigation in court or whatever, but we had the
                  police maybe five times a week because of gangs and drugs and all that, so you know, this is --
                  you know, you really need to want to build in that area and be very enthusiastic, and as a district
                  Commissioner, I welcome that challenge for -- that you have, so that's the comment that I wanted
                  to make, that sometimes, you know, construction just -- it tilts in one part of the city because, as
                  of now, there have been no new construction at all in that whole huge area of West Little
                  Havana. That is -- that was my comment.

                  Chairman Sanchez: All right. There's a motion already and a second or -- ?

                  Vice Chairman González: No.

                  Priscilla A. Thompson (City Clerk): No.

                  Vice Chairman González: No.

                  Chairman Sanchez: OK.

                  Vice Chairman González: We didn't even make -- made a presentation.

                  Chairman Sanchez: OK, but listen --

                  Mr. Pastoriza: Gil Pastoriza, 2665 --

                  Chairman Sanchez: Counsel, hold on.

                  Mr. Pastoriza: -- South Bayshore Drive.

                  Chairman Sanchez: I just got back. I just need to know. Has there been a motion and a
                  second?

                  Commissioner Regalado: No, no.

                  Vice Chairman González: No, there hasn't --

                  Chairman Sanchez: No.

                  Vice Chairman González: -- been a motion.

                  Chairman Sanchez: Counsel, go ahead --

                  Vice Chairman González: There hasn't been --

                  Chairman Sanchez: -- with your presentation.

                  Vice Chairman González: -- a presentation.

                  Mr. Pastoriza: Good morning, sir. Gil Pastoriza, 2665 South Bayshore Drive. With me today is
                  Rose Mouawad; she's the owner of the property, and Mr. Hervin Romney, who is the architect.
                  The property is located on the west side of 27th Avenue, just north of Flagler Street; property
                  zoned C-1, and is designated restricted commercial. It's about a half an acre in size and is

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                  currently being used as a used car dealership. This particular stretch of 27th Avenue, from
                  Flagler to about 2nd Street, it's really in bad shape; really needs redevelopment, and we think
                  that this project would be a catalyst for that redevelopment. It is a small project. It's only 57
                  units, where 73 units would be allowed, so we're building at 78 percent of the density. It has a
                  small office component on the ground level, and it has 115 parking spaces. The project is
                  compatible with all the uses and regulations, and is consistent with the Comprehensive Plan
                  we're not seeking any variances. We're not seeking any special exceptions. What we're seeking
                  is a small percent of the affordable housing trust fund. As you know, those bonus allows you to
                  go to 25 percent. We're only seeking 22 and a half percent. The project is designed in
                  compliance with the City's vision of having habitable spaces all in front of Northwest 27th
                  Avenue. It's fully lined on Northwest 27th Avenue. The parking structure is also totally either
                  camouflage or there's no viewing of cars from any of the four sides. Also, so that you know, we
                  comply with the City's building envelope requirement. The residential tower have been shifted
                  all the way to 27th Avenue so that all the building envelopes are complied with. As a matter of
                  fact, we have increased the setback from our rear neighbors from 20 feet to 35 feet. All loading
                  functions occur internally in the property. The street scene has been -- for this particular area,
                  and specially, we have widened the sidewalk; we're providing pavers, and we're doing also tree
                  plantings on that street. If you take a look at -- maybe that's -- that will encourage the rest of the
                  developments on 27th Avenue to do the same thing. The project also have typical amenities, with
                  a swimming pool and a parking podium, and exercise rooms and everything. We have re -- this -
                  - the traffic consultant has reviewed the project; found it to be sufficient. We have a very positive
                  economic impact on the City to the tune of more than $19 million during construction, with 41
                  jobs, and a half-million dollars recurring annual revenue. We also have very strong support
                  from our neighbors, and I would like to put that into the record. Just so that you know some of
                  the things that our neighbors are saying, one of them is expressing the approval for the new
                  building, "because I feel it will make the area better and bring more businesses to the merchants.
                  I'm extremely happy with the residential condominium." I mean, we have, from all of our
                  neighbors, received very positive feedback. Also, we've had positive feedback from the Internal
                  Design Review Committee, the UDRB (Urban Development Review Board), and the City's
                  Planning Board. Your staff is supporting this application, subject to conditions. We read those
                  conditions. We agree to abide by the conditions, and Ms. Mouawad would just like to say a few
                  words to the Commission, if I may?

                  Chairman Sanchez: Absolutely.

                  Rogelia Rose Mouawad: My name is Rogelia Rose Mouawad , 501 Miller Road, Coral Gables,
                  and --

                  Ms. Thompson: I'm sorry. I -- can you state your name again for the record?

                  Ms. Mouawad: Yes. Rogelia Rose Mouawad, M-O-U-A-W-A-D, 501 Miller Road, Coral
                  Gables, 33146. As a developer and owner, I'm committed to this area; I'm committed to the
                  improvement of the area, and also to providing the public with a product that is affordable and
                  moderate in price.

                  Chairman Sanchez: Thank you very much. Is there anyone in opposition to this item here? All
                  right. The public hearing is opened. Is there anyone in opposition? The public hearing is
                  closed, coming back to the Commission. Is there a motion?

                  Commissioner Regalado: I make a motion on PZ.8 to approve --

                  Chairman Sanchez: With conditions.

                  Commissioner Regalado: -- with conditions as stated, and accepted the Major Use Special
                  Permit for the Ehden Place project.

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                     Vice Chairman González: I second the motion.

                     Chairman Sanchez: All right. There is a motion and a second. It is a resolution. All in favor,
                     say "aye."

                     The Commission (Collectively): Aye.

                     Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries,
                     4/0.

                     Mr. Pastoriza: Thank you.

                     Chairman Sanchez: No, I'm sorry, 3/0.

                     Mr. Pastoriza: Three/zero.

                     Chairman Sanchez: Three/zero.

                     Vice Chairman González: Three/zero.

                     Chairman Sanchez: It passes.

                     Ms. Mouawad: Thank you very much.

PZ.9      05-00765   RESOLUTION
                     A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                     APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
                     MAJOR USE SPECIAL PERMIT (MUSP), RESOLUTION NO. 00-0286,
                     PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE
                     NO. 11000, AS AMENDED, FOR THE BRICKELL CITICENTRE PROJECT, TO
                     BE LOCATED AT APPROXIMATELY 700 AND 701 SOUTH MIAMI AVENUE,
                     MIAMI, FLORIDA, TO ALLOW A BIFURCATION OF THE PREVIOUSLY
                     APPROVED BRICKELL COMMONS MUSP AND A CHANGE IN THE
                     APPLICATION TO CONSTRUCT A MIXED-USE THREE-TOWER
                     DEVELOPMENT RANGING IN HEIGHT FROM APPROXIMATELY 740 FEET
                     TO 808 FEET TO BE COMPRISED OF APPROXIMATELY 2,424 TOTAL
                     MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
                     APPROXIMATELY 133,721 SQUARE FEET OF OFFICE SPACE;
                     APPROXIMATELY 90,336 SQUARE FEET OF RETAIL AND RESTAURANT
                     SPACE; AND APPROXIMATELY 3,480 TOTAL PARKING SPACES;
                     PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES;
                     DIRECTING TRANSMITTAL; 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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                  05-00765 Outside Cover.PDF
                  05-00765 Table of Contents.pdf
                  05-00765 Article1 Tab A Introduction.pdf
                  05-00765 Article1 Tab B Application for a Major Use Sprcial Permit.pdf
                  05-00765 Article1 Tab C Legal Description.pdf
                  05-00765 Article1 Tab D Disclosure of Ownership.pdf
                  05-00765 Article1 Tab E Affidavit.pdf
                  05-00765 Article1 Tab F Directory of Project Principals.pdf
                  05-00765 Article1 Tab G City of Miami Zoning Atlas Map.pdf
                  05-00765 Article1 Tab H City of Miami Future Land Use Map.pdf
                  05-00765 Article1 Tab I Aerial & Location Map.pdf
                  05-00765 Article1 Tab J Ownership List.PDF
                  05-00765 Article1 Tab K Project Data Sheet and Summary.pdf
                  05-00765 Article1 Tab L Summary of Approvals.pdf
                  05-00765 Article1 Tab M Onwership & Tax Information.PDF
                  05-00765 Article1 Tab N Developer Information.PDF
                  05-00765 Article1 Tab O Phased Project Request.pdf
                  05-00765 Article2 Project Description.PDF
                  05-00765 Article3 Tab 1 Survey.pdf
                  05-00765 Article3 Tab 2 Site Plans.pdf
                  05-00765 Article3 Tab 3 Traffic Impact Analysis.PDF
                  05-00765 Article3 Tab 4 Site Utility Study.PDF
                  05-00765 Article3 Tab 5 Economic Impact Analysis.PDF
                  05-00765 Article3 Tab 6 Architectural & Landscape Drawings.PDF
                  05-00765 Article3 Tab 7 Archeological Management Plan.PDF
                  05-00765 Legislation.pdf
                  05-00765 Exhibit A.pdf
                  05-00765 Exhibit B.pdf
                  05-00765 Analysis.pdf
                  05-00765 Zoning Map.pdf
                  05-00765 Aerial Map.pdf
                  05-00765 Pre-Application Design Comments.pdf
                  05-00765 Miami-Dade Aviation Comments.pdf
                  05-00765 HEPB Reso.pdf
                  05-00765 School Impact Review Analysis.pdf
                  05-00765 PAB Reso.pdf
                  05-00765 Fact Sheet.pdf

                  REQUEST: Major Use Special Permit Substantial Modification of the
                  Brickell CitiCentre Project

                  LOCATION: Approximately 700 and 701 South Miami Avenue

                  APPLICANT(S): Miami Retail Partners, LLC, Owner and Brickell CitiCentre,
                  LLC, Contract Purchaser

                  APPLICANT(S) AGENT: Tony Recio, Esquire

                  FINDINGS:
                  PLANNING AND ZONING DEPARTMENT: Recommended approval with
                  conditions*.
                  HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD:
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                        Recommended approval with conditions* of a Certificate of Appropriateness
                        to City Commission on June 7, 2005 by a vote of 5-0.
                        PLANNING ADVISORY BOARD: Recommended approval with conditions*
                        to City Commission on July 20, 2005 by a vote of 6-0.
                        *See supporting documentation.

                        PURPOSE: This will allow a substantial modification to the Brickell
                        CitiCentre project.
                        Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 5 - Commissioner González, Winton, Sanchez, Regalado and Allen


                        R-05-0579

                        Direction to the Administration by Commissioner Winton to ascertain that the master plan of the
                        City includes the proposed Miami River tunnel; further directing that all future development
                        alignment of streets complies with Miami River tunnel analysis.

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.9 is a Major Use Special Permit
                        for the Brickell CitiCentre project. This is actually a substantial modification to a Major Use
                        Special Permit that was approved for a project called Brickell Commons. This -- under the
                        substantial modification, the project is proposed to consist of three towers, ranging in height
                        from 740 feet to 808 feet; approximately 2,424 multifamily units; 133,000 of office space; 90,000
                        square feet of retail and restaurant space; and about 3,480 parking spaces. The project has
                        been recommended for approval, with conditions, by the Planning Department and by the
                        Planning Advisory Board. The design related conditions specifically have to do with final
                        details on the appearance of an art wall that's being proposed on the east wall of the eastern
                        building, adjacent to the Metromover. The Planning Department would like to see the final
                        materials and colors, and configuration of that wall prior to it being put up on that wall, and
                        we've asked the applicant to also explore the possibility of providing a direct connection between
                        the Metromover station and the building. I believe the applicant has agreed to the conditions,
                        and again, it's been recommended for approval.

                        Chairman Sanchez: All right. Counsel, you're ready for your presentation.

                        Gilberto Pastoriza: Yes, sir.

                        Chairman Sanchez: All right. All right, this is a MUSP (Major Use Special Permit).

                        Mr. Pastoriza: I'm sorry, Mr. Chairman. Gilberto Pastoriza, 2665 South Bayshore Drive, here
                        on behalf of the applicant. We are requesting a substantial modifications to a previously
                        approved Major Use Special Permit that was known as the Brickell Commons. This project is
                        not seeking any variances and/or special exceptions. We've been working with the City of Miami
                        staff since the beginning of this year on this project, and we have gone through many different
                        changes, evolutions to get to the product where we're in right now, which is -- has the support of
                        your Internal Design Review Board, your Urban Design Review Board, your City staff, and also
                        your Planning Board. The property straddles South Miami Avenue. It goes from the People
                        Mover on the east to almost Southwest 1st Avenue on the west. The property's approximately 5.6
                        acres. It is designated restricted commercial and zoned SD-7. The proposed development is
                        both consistent with the comp. plan designation and permitted in the zoning district. We're
                        proposing a development, which is truly -- a truly mixed development. It consists of 2,424 units,
                        about 133,721 square feet of office, ninety-some odd thousand square feet of retail, including
                        restaurants, and about 3,400 parking spaces. The density that would be permitted under the
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                  Code, it would be 2,800 units. We are doing 224 units; we're at 86 percent. We exceed the
                  recreational open space on this project, too, and one of the things that we did was we did a study
                  of this project, a little chart of this project and how it compares to the ordinance that the City's
                  now in the process -- the open space ordinance that the City's trying to adopt, and you will note
                  that in both scenarios, we far exceed the requirements of the ordinance. In other words, we have
                  more than point one of the gross lot area as open space on the ground floor, which is what the
                  new ordinance intends to do in the SD-7 district, so you see -- because we have quite a bit --
                  quite a number of classes, and our architect is here, Chloe Keidaish, from Arquitectonica, and
                  she'll go into all of that in detail, but I just wanted you to know that. We also did some
                  comparisons with the previously approved MUSP, which was the Brickell Commons MUSP, and
                  we generate less traffic than that MUSP, and we have less FARs (floor/area ratios) than that
                  MUSP. Another thing that we're doing here is we're doing a number of right-of-way dedications
                  to the City of Miami. We're dedicating five feet on both sides of South Miami Avenue, which
                  really equates to a lane of traffic, so that the City can either, you know, expand on the sidewalks
                  or, if they so desire, have an additional traffic lane there. We're also giving ten feet along the
                  southern portion of our property, along -- from the People Mover all the way to 1st Avenue, so
                  we're giving ten feet of dedication there for -- to DOT (Department of Transportation) for DOT
                  to also either put an additional lane of traffic -- it's not what they want to do -- or to have wider
                  sidewalks. We're doing all of this at no cost to the City. The economic impact on this -- by this
                  development is significant, very significant. It's about 1,984 temporary jobs; 75 permanent jobs;
                  $2.2 billion during construction, and an annual recurring revenue of about $12 million,
                  including almost $10 million going directly to the City. I'd just like to, in conclusion, say that,
                  you know, all of your -- all of the boards, your staff, they've all recommended approval of this
                  item, with certain conditions. I just want to talk about one condition, which was condition 11a,
                  which is the art wall. We have given you a sample of what we intend to do with that art wall on
                  the easternmost facade of the building. That is also -- Chloe Keidaish is going to go more into
                  detail on that particular wall and the treatment that we're going to do to that particular wall. I
                  would hope that, in the end, you would approve this project by -- in allowing us to substitute
                  those drawings that you have before you today for that condition, so Chloe, if you want to --

                  Chairman Sanchez: This would have to come back for zoning approval, right?

                  Mr. Pastoriza: No, sir. This is all zoned properly. This is a Major Use Special Permit and
                  resolution, which is only one reading.

                  Chairman Sanchez: OK.

                  Chloe Keidaish: My name is Chloe Keidaish, with Arquitectonica; offices at 801 Brickell
                  Avenue. I'd like to address the issue of the art wall, which is both on the east end of our
                  property, as well as the west end; most importantly, the east end is where the 8th Street
                  Metromover station is. Right here we have a very large wall that, due to its nature or proximity
                  to the Metromover, we have to have a four-hour rated wall, so what we are proposing is a very
                  large art panel that is composed of acrylic panels and multicolored, sort of Miami tropical
                  colors; framed -- just in a metal frame, kind of (UNINTELLIGIBLE) sort of pattern, and
                  basically, the pattern is picking up on the whole podium design that we've introduced throughout
                  the project.

                  Chairman Sanchez: OK, thank you. Counsel.

                  Mr. Pastoriza: No. We're here to answer questions, and if you want to go into any specific
                  details, we can do that.

                  Chairman Sanchez: Well, your presentation, it requires -- is there anyone here in opposition to
                  this item or anyone that wants to speak on the item, please step forward and be recognized.
                  Seeing none, hearing none, public hearing is closed at this time. Tucker, I don't think you have

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                  anything to say on this, do you?

                  Tucker Gibbs: Nothing, absolutely nothing.

                  Chairman Sanchez: All right. OK. It comes back to the Commission. Commissioner Winton,
                  you're recognized.

                  Commissioner Winton: A couple of things. I didn't -- Gil made reference to the green space at
                  street level. I can't see it, so I hope that y'all have something that shows it a little better, and I'll
                  give you a moment on that, and Lourdes, how does this project and the alignment on the streets
                  line up with the analyses that are being done right now for the Miami River tunnel?

                  Ms. Slazyk: I don't know. Let me see if Mary can take a quick look at that.

                  Commissioner Winton: Jesus Christ.

                  Ms. Keidaish: I like to address the open space issue. In addition to the required setbacks, we've
                  cut the building back considerably. At the office entrances, which are these sort of angular
                  shapes in the corners here and here, there's extra plaza space here, and we've also cut the towers
                  back in -- far exceeding the current setbacks. In our first round of comments with the City
                  planners, they actually -- and the Code also -- it stresses pulling the project out. We created that
                  plaza space so that we can activate it with the restaurant to put seating out in the space right
                  here. There will be a very large restaurant on -- downstairs, and it will be activated with cafe
                  seating and retail areas. I think that it's a lot more than most projects are getting today.

                  Mr. Pastoriza: I think, Commissioners, what the ordinance calls for and the proposed
                  ordinance, open space and we have treated this -- and as you know, Mary Brickell Village is
                  south of us. This is going to carry the same motif as Mary Brickell Village throughout here, with
                  very wide open spaces, very wide plazas all throughout the South Miami Avenue, which is a
                  pedestrian street, so that there's going to be a lot of activity -- we foresee a lot of activity
                  happening all along South Miami Avenue, and that's where the bulk of the open space has been
                  provided in the manner of restaurant seatings, and urban plazas basically, which is -- you know,
                  befits an urban project.

                  Commissioner Winton: OK.

                  Ms. Keidaish: I just want to add to that, that open space is defined by the space also on the pool
                  deck area, which is --

                  Commissioner Winton: Except we don't --

                  Ms. Keidaish: -- a very beautifully landscaped area.

                  Commissioner Winton: I -- you know, as far as I'm concerned, that doesn't do anything. That's -
                  -

                  Mr. Pastoriza: No, but -- we understand that, but we do comply with point one in that ground
                  level.

                  Commissioner Winton: Good.

                  Mr. Pastoriza: Commissioner, I don't know, but I remember a while back that I was here at one
                  of the hearings and it was my understanding that the tunnel was going to occur further west.

                  Commissioner Winton: No. If you were here at one of the hearings, you would have heard that

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                  the -- that there was an agreement not the put the tunnel further west, and the tunnel was moving
                  to the -- to replace the Miami River bridge --

                  Mr. Pastoriza: The Miami River Bridge.

                  Commissioner Winton: -- which is in a better location than west, frankly, because it gets it
                  closer to Brickell where you have all the mess to begin with, but apparently, in the City of Miami,
                  we can't figure out how one department talks to another department so we can't coordinate a
                  damn thing, and we just keep running along and nobody's paying attention, and I'm so --

                  Mr. Pastoriza: We are -- the project, so that you know, starts on 7th Street, and goes from 7th
                  Street --

                  Commissioner Winton: I know, right where --

                  Mr. Pastoriza: -- to 8th Street.

                  Commissioner Winton: I know the --

                  Mr. Pastoriza: It's the vacant land that's out there.

                  Commissioner Winton: I know exactly where it is. One last comment, and then we'll deal with
                  staff issues later. I wasn't happy about the package that was in my book, and I wasn't happy
                  about the package that was in my book. There were no color renderings in my book. I couldn't
                  tell anything relative to the treatment to this project as it relates to the street. This -- if you just
                  look down, that diagram shows you where -- but I can't still tell what the street is going to look
                  like from a pedestrian viewpoint, and we generally have those kinds of things, and it wasn't in
                  there, and Gil, I'm sure you're not doing this, sure you're not doing this, but my first thought was
                  -- because I know this is going on, because I've heard it from a number of developers who have
                  mistakenly come up to me and said, "Jeez, how quickly do I need to get my project into the city
                  so I can beat Miami 21?" and I usually beat them badly, because there are certain lawyers in
                  this city and certain architects in the city who are telling their clients they need to move as fast
                  as they can move to get their projects in the City before Miami 21, and you don't know how
                  irritated I am about that, and I'm sure that this project wasn't that --

                  Mr. Pastoriza: Well --

                  Commissioner Winton: -- but it did make me ask the question -- since Arquitectonica is doing
                  this, I've got a set of renderings in here that are in black and white; I can't tell what the street
                  level looks like at all, so you just wonder. You know what I mean?

                  Mr. Pastoriza: you know, Commissioner, I can assure you that we've been in the system since
                  about the end of last year, the beginning of this year, and I think your staff can attest to that, that
                  we've gone and sat with the internal design review committee with Ms. Slazyk, Ms. Gelabert in
                  number of occasions, even I think, before the word Miami 21 was out in the street. I mean, we've
                  been in a while --

                  Commissioner Winton: I didn't think it was you, Gil, that was doing anything like that, nor
                  Arquitectonica, but I can tell you that any project that lands here, for that seems to be the
                  mission -- you know, these MUSPs, there's a lot of tricky parts to it and I just don't know what
                  parts just aren't going to quite fit the bill when whatever project gets here that's trying to beat
                  Miami 21; just don't know what parts aren't going to fit the bill, but I'm sure there's going to be
                  some parts, you know what I mean, so I hope that we don't have any of those coming forward,
                  and then I hope that staff can figure out how, from a master planning standpoint, we've talked
                  about a tunnel for two or three years now, and we can figure out how it gets woven into the

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                  developments that are coming along.

                  Commissioner Regalado: Well, I have --

                  Chairman Sanchez: Well --

                  Commissioner Regalado: -- a question. I mean, the tunnel has been a issue of discussion many,
                  many times here, but the question is, if -- at least we have the idea or the will to move forward
                  with a tunnel, and we have given the people's money to study the tunnel -- why would the
                  Planning and Zoning Department recommend it approval of this project, if this is near the tunnel
                  or whatever? I mean, that's the question.

                  Commissioner Winton: Well, you know, I can understand them doing it if they thought about it,
                  but it's clear to me that there was no consideration whatsoever. One department didn't talk to
                  the other department, and they don't even know. I mean, that's what has me so totally ticked off,
                  so --

                  Commissioner Regalado: So, do we move the tunnel or the river?

                  Chairman Sanchez: All right. This is a resolution. We don't even have a motion or a second for
                  the item, so --

                  Commissioner Winton: I'll move it.

                  Chairman Sanchez: Excuse me?

                  Commissioner Winton: I will move it.

                  Chairman Sanchez: OK. There is a motion by Commissioner Winton. Is there a second?

                  Vice Chairman González: Second.

                  Chairman Sanchez: Second by Vice Chairman González. The item is under discussion now. We
                  did open it up for the public, and the public hearing was closed. It is under discussion. Hearing
                  no discussion, it is a resolution. All in favor, say "aye."

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” I believe, Madam
                  Clerk, the motion passed unanimously.

                  Mr. Pastoriza: Thank you.

                  Chairman Sanchez: All right.

PZ.10 05-00081a   RESOLUTION
                  A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT,
                  CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC
                  USE THAT PORTION OF EASEMENTS LOCATED AT APPROXIMATELY
                  NORTHEAST 31ST STREET BETWEEN BISCAYNE BOULEVARD AND
                  NORTHEAST 2ND AVENUE, SOUTH OF NORTHEAST 32ND STREET,
                  MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A."



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                         05-00081a Legislation.PDF
                         05-00081a Exhibit A.pdf
                         05-00081a Planning Analysis.pdf
                         05-00081a Zoning Map.pdf
                         05-00081a Aerial Map.pdf
                         05-00081a Public Works Analysis.pdf
                         05-00081a Public Works Letter.pdf
                         05-00081a ZB Reso.PDF
                         05-00081a Application & Supporting Docs.pdf
                         05-00081a Fact Sheet.pdf

                        REQUEST: Official Vacation and Closure of Easements

                        LOCATION: Approximately NE of 31st Street Between Biscayne Boulevard
                        and NE 2nd Avenue, South of NE 32nd Street

                        APPLICANT(S): Pivotal Holdings, LLC

                        APPLICANT(S) AGENT: Patricia M. Baloyra, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        PUBLIC WORKS DEPARTMENT: Recommended approval.
                        PLAT & STREET COMMITTEE: Recommended approval on November 4,
                        2004 by a vote of 7-0.
                        ZONING BOARD: Recommended approval with a condition* to City
                        Commisson on September 12, 2005 by a vote of 6-0.
                        *See supporting documentation.

                        PURPOSE: This will allow a unified commercial development site for the
                        Soleil Major Use Special Permit project.

                        Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Allen
                        Absent: 1 - Commissioner Regalado

                        R-05-0580

                        Chairman Sanchez: So, let's go ahead and -- what PZ (planning & zoning) item is
                        noncontroversial? Let's go ahead and just bring them on up. I think the rest are not --

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah. We kind of put them in order of
                        the least controversial up front and that, so if we just --

                        Chairman Sanchez: All right.

                        Ms. Slazyk: -- keep moving in order, it's probably fine.

                        Chairman Sanchez: Let's go to PZ.10. Is that noncontroversial?


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                  Ms. Slazyk: PZ.10 is an official vacation and closure of Northeast 31st Street, between Biscayne
                  Boulevard and Northeast 2nd Avenue. This has been recommended for approval with
                  conditions. The condition states that the applicant must comply with the condition from Public
                  Works requesting a seven-foot right-of-way dedication along Northeast 32nd Avenue. As you
                  may recall, this was part of the Major Use Special Permit for the Soleil development, which the
                  City Commission approved that MUSP (Major Use Special Permit) already, so it is
                  recommended for approval by the Plat and Street Committee by a vote of 7/0.

                  Commissioner Winton: What's the public purpose?

                  Ms. Slazyk: What -- apparently, the dedication. They're giving back seven feet of right-of-way
                  along 32nd Avenue, and that was recommended for approval by the Plat and Street Committee
                  as being in compliance.

                  Chairman Sanchez: All right. We already approved this, right? This is just --

                  Ms. Slazyk: The MUSP was all --

                  Chairman Sanchez: -- coming back for the alleyway.

                  Commissioner Winton: The MUSP was approved --

                  Ms. Slazyk: Right, the MUSP was approved.

                  Chairman Sanchez: All right. This is noncontroversial.

                  Commissioner Winton: -- and it's a great project, so --

                  Chairman Sanchez: Yeah. All right.

                  Commissioner Winton: I just want to make sure that the public purpose is crystal --

                  Chairman Sanchez: Madam Applicant --

                  Commissioner Winton: -- clear.

                  Chairman Sanchez: -- short presentation. Is there anyone in opposition to this item here? Is
                  there anyone in opposition to PZ.10? All right. The public hearing is opened and closed.
                  There's no one in opposition here.

                  Commissioner Winton: Move PZ.10.

                  Chairman Sanchez: All right. There's a motion -- well, let -- could you just state something on
                  the record, brief?

                  Patricia Baloyra: Certainly. Patty Baloyra, offices at 1441 Brickell. Again, this is part of the
                  Soleil MUSP project. We're basically taking private easements off of the plat; we're replatting,
                  and we're either closing those easements, with approval of the entities that we're dealing with, or
                  -- closing them completely or relocating them through an easement by instrument rather than on
                  plat.

                  Chairman Sanchez: All right. There's a motion by Commissioner Winton. Is there a second?

                  Vice Chairman González: Second.



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                        Chairman Sanchez: Second by Vice Chairman González. The item is under discussion.
                        Hearing no discussion on the item, it is a resolution. All in favor, say “aye.”

                        The Commission (Collectively): Aye.

                        Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.

PZ.11 04-01208          RESOLUTION
                        A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
                        ATTACHMENT(S), GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC
                        ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT
                        CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE MIAMI
                        ZONING BOARD, AND THEREBY DENYING CLASS II SPECIAL PERMIT
                        APPLICATION NO. 03-0309, ISSUED ON JULY 21, 2004, TO ALLOW NEW
                        CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY
                        5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY
                        DESCRIBED IN "EXHIBIT A."

                         04-01208 Legislation (Version 2).PDF
                         04-01208 Exhibit A.PDF
                         04-01208 Legislation (Version 3).PDF
                         04-01208 Exhibit A.PDF
                         04-01208 Zoning Map.pdf
                         04-01208 Aerial Map.pdf
                         04-01208 ZB Appeal Letter.PDF
                         04-01208 ZB Reso.PDF
                         04-01208 Class II Appeal Letter.PDF
                         04-01208 Class II Final Decision.PDF
                         04-01208 Plans.PDF
                         04-01208 UDRB Reso.PDF
                         04-01208 Class II Referral.PDF
                         04-01208 Fact Sheet 11-18-04.pdf
                         04-01208 Fact Sheet 05-26-05.pdf
                         04-01208 Fact Sheet 07-28-05.pdf
                         04-01208 Fact Sheet 07-28-05.pdf
                         04-01208-submittal.pdf
                         04-01208-submittal.1.pdf

                        Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Allen
                        Absent: 1 - Commissioner Regalado

                        R-04-0764

                        Chairman Sanchez: We move on to PZ.11.

                        Patricia Bolayra: Thank you.

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.11 is an appeal --

                        Chairman Sanchez: Well --

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                  Ms. Slazyk: -- of a Class II Special Permit. I don't know this one, if it falls into your
                  controversial category. I wasn't --

                  Chairman Sanchez: Well --

                  Ms. Slazyk: No new plans have been submitted to us, so I think we assumed it was going to be
                  continued again, and now I'm hearing they're not going to continue it again --

                  Chairman Sanchez: All right.

                  Commissioner Allen: Which is this, 11?

                  Ms. Slazyk: -- so you may --

                  Chairman Sanchez: In all fairness --

                  Commissioner Allen: This is 11?

                  Ms. Slazyk: Yeah.

                  Chairman Sanchez: -- do you think it's better in the afternoon?

                  Ms. Slazyk: Yes.

                  Chairman Sanchez: OK.

                  Lucia Dougherty: Mr. Chairman, it's --

                  Commissioner Allen: Is this the one --

                  Ms. Dougherty: -- up to you, but it probably is not going to be controversial. I'm going to make
                  a very small -- short presentation.

                  Chairman Sanchez: Lucia.

                  Ms. Dougherty: I don't expect anything different. We have the other side. It's up to you.

                  Chairman Sanchez: Is the other side --

                  Commissioner Allen: I would --

                  Commissioner Winton: So that's controversial.

                  Chairman Sanchez: -- here or do you have more people --

                  Ms. Dougherty: Yes.

                  Chairman Sanchez: -- that are coming?

                  Commissioner Allen: Yeah, I would respectfully suggest that we wait --

                  Commissioner Winton: Yeah.

                  Commissioner Allen: -- till all parties are present.

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                  Elvis Cruz: I am the other party.

                  Commissioner Allen: Oh.

                  Chairman Sanchez: You are the --

                  Commissioner Allen: OK. You are --

                  Chairman Sanchez: OK, let's go ahead then. I just wanted you to state that on the record, that -
                  - you know, last thing we want to be accused is having a meeting and not having the public here,
                  so please put that on the record, that you're the other side.

                  Mr. Cruz: I'm here on behalf of the Morningside Civic Association.

                  Chairman Sanchez: OK, and therefore --

                  Mr. Cruz: I am one of the appellants.

                  Chairman Sanchez: -- you would agree to go on with the PZ (planning & zoning) item?

                  Mr. Cruz: Yes.

                  Chairman Sanchez: OK.

                  Priscilla A. Thompson (City Clerk): And your name is?

                  Mr. Cruz: Elvis Cruz, 631 Northeast 57th Street, Morningside Civic Association.

                  Chairman Sanchez: All right. Madam Applicant, this is an appeal.

                  Ms. Dougherty: It is, and since --

                  Chairman Sanchez: OK, so there --

                  Ms. Dougherty: -- you've already seen this item before, and I don't expect anything different this
                  time from before, we tried to meet with the neighbors in connection with revising our plans, but
                  they wanted a three-story building and that was simply not feasible. You may recall, this was a
                  application that was filed in 2003 for a Class II Permit, along with another companion
                  application, which was a block and a half away. Since that time, we have actually withdrawn
                  that other application, so 5101 is the only one that's still pending before you. We had asked for
                  a Class II Permit originally for 117 feet tall. We reduced it down after four -- actually, five
                  internal design review matters, down to 87 feet. We got a Class II Permit. Mr. Cruz and the
                  Civic Association appealed that to the Zoning Board. The Zoning Board agreed with the
                  applicant and the staff, and denied the appeal. That appeal came to you. You all denied the
                  application and upheld the appeal.

                  Chairman Sanchez: All right, but --

                  Ms. Dougherty: At that time, we --

                  Chairman Sanchez: Madam Attorney --

                  Ms. Dougherty: Yes, sir.



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                  Chairman Sanchez: -- hold on. You're giving us a history of the --

                  Ms. Dougherty: I'm going to take two seconds, like --

                  Chairman Sanchez: -- PZ item, but --

                  Ms. Dougherty: Just so you understand where we are.

                  Chairman Sanchez: -- this is an appeal --

                  Ms. Dougherty: Correct.

                  Chairman Sanchez: -- and the appellant gets to go first, and then you have an opportunity, and
                  it goes back --

                  Ms. Dougherty: That'd be fine.

                  Chairman Sanchez: -- so -- OK.

                  Ms. Dougherty: I'm just going to give the facts right now, and then he -- if you want him to go --

                  Chairman Sanchez: Well, he's the appellant.

                  Ms. Dougherty: -- and then I'll make --

                  Chairman Sanchez: He has --

                  Mr. Cruz: She can continue.

                  Chairman Sanchez: OK --

                  Mr. Cruz: I yield the floor to her, as long as --

                  Chairman Sanchez: -- but you're entitled -- this is an appellant -- you're --

                  Mr. Cruz: I understand.

                  Chairman Sanchez: -- appealing. OK, go ahead.

                  Mr. Cruz: I will get to speak, Mr. Chairman?

                  Chairman Sanchez: Yes, you will, absolutely.

                  Mr. Cruz: I'm fine. She can continue.

                  Chairman Sanchez: OK. OK.

                  Ms. Dougherty: So, we asked for a motion for a rehearing of that particular case. You
                  graciously granted that motion for rehearing so that we could revise our plans and meet with the
                  neighbors. We did that. We attempted to meet with the neighbors. The neighbors really were
                  not supportive of anything less than three stories. As you know, this is zoned an office district,
                  not a C-1 district. We cannot have commercial there. We can't even have the hotel there. The
                  only thing you can have is residential and office, and neither of those were viable at a three-story
                  height, so given that -- well, what I would ask you to do is to consider that this -- the applicable
                  criteria for this particular Class II is your old 1305 regulations, and the old 1305 regulations

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                  has 30 -- certain things that you have to consider, such as ingress and egress, off-street parking,
                  refuge and service areas, signs and lighting, utilities, drainage, preservation of natural features,
                  et cetera. Then it says, if there are problems with any of the above and there is something that
                  needs to be considered, you can mitigate against it to -- for compatibility, which we thought we
                  had done. The current ordinance has different standards, and how do we know that the old
                  ordinance applies to us? Because the current ordinance says -- and I'm going to submit all this
                  for the record -- that anything that was filed prior to January 1, 2004 goes under the old
                  regulations, and this was filed in 2003, so what are the standards that we applied to us? It says
                  that where potentially adverse effects are found, consideration shall be given to special remedial
                  measures appropriate in particular circumstances, and including screening, buffering,
                  landscaping, control, and manner of hours of operations, alterations of proposed design, and
                  other measures which are required to assure that the potential adverse effects will be eliminated
                  or minimized to the extent reasonably feasible, and that the use and occupancy will be
                  compatible and harmonious with other development in the area to a degree which will avoid
                  substantial depreciation of the value of nearby property, so that's our criteria. We thought we
                  had done that when we revised it five times and reduced the height down to 87 feet. With that, I
                  would like to have Tom Magenheimer, who is an AIA appraiser, testify as to whether or not he
                  believes this development will have any adverse effects on the nearby adjoining property, and
                  with that I will conclude, after he testifies, my presentation.

                  Vice Chairman González: All right. Yes, sir.

                  Thomas Magenheimer: Gentlemen, I'm Tom Magenheimer. I have an office at 5730 Southwest
                  74th Street, South Miami, and I'm with Quinlivan Appraisal, PA. I was asked in this case to look
                  at sales in the adjoining neighborhood to see if there had been any significant impact based on
                  their location relative to the subject property. What I did was go ahead and look at sales of
                  houses that abut the existing commercial zoning throughout the area, then ones that also are
                  located a block or two to the east, and what it showed was, yes, in deed, there is a lower value
                  for houses. I know it's a little bit small, but just for illustrative purposes. Here's our subject
                  here. Here's Biscayne Boulevard. What I did is I looked for sales right on the border here
                  against the commercial zoning, and then ones further east that would not be as impacted by any
                  commercial development, and what I found is the ones that are immediately adjacent to
                  commercial zoning do sale at a lower price, and also the ones in the block immediately adjacent
                  were the same way, and then ones over here further to the east sell a little bit higher price, and
                  what that, I think, indicates is that it's the commercial zoning and being located adjacent to it
                  that impacts the value, and that that impact has already happened. It's been recognized by the
                  market already. It's not something that is going to be impacted by future development because
                  we have some -- one sell up on the very north here, which is adjacent to a vacant lot that is
                  zoned for office use, as well, and I'm sure the person bought that house would assume that that
                  lot's not going to stay vacant forever; that someone's eventually going to build something
                  commercial on it, and what it appears happen is the impact of being adjacent to commercial, you
                  have issues of traffic on Biscayne Boulevard, you have issues of noise related to that, and
                  perhaps crime. I don't know. I haven't studied that, but I think the point is that the significant
                  impact has already happened. People -- the market is recognizing that being located adjacent to
                  commercial prices are lower for houses. You have any questions?

                  Commissioner Winton: Where's your data?

                  Mr. Magenheimer: I have it here with me. It was sales -- I concentrated on sales of 2000 --
                  occurring in 2005 because, as we all know, just driving up and down Biscayne Boulevard
                  reading the paper that there's a lot of development activity going on in the Biscayne Boulevard
                  corridor; a lot of it's mid- to high-rise apartments, and some offices also, so what I did is I
                  concentrated -- I found -- it's four sales located immediately adjacent to the "O" zoning in this
                  area within about five blocks of our subject. Then I also looked at probably -- I think it's about
                  ten sales in this adjacent area. I have those. I didn't have the opportunity to prepare -- I mean, I

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                  can prepare them if you want to see them.

                  Commissioner Winton: I'd like to see the data.

                  Mr. Magenheimer: OK.

                  Commissioner Winton: You could give it to the Clerk?

                  Mr. Magenheimer: It's in very raw -- I don't have it in printout viewable form that -- I'm sure
                  you could understand it, but -- OK, I'll be glad to give the raw data to you, if you'd like.

                  Commissioner Allen: That would be very helpful because he's --

                  Vice Chairman González: All right.

                  Commissioner Allen: -- giving expert testimony.

                  Ms. Dougherty: That concludes our presentation.

                  Vice Chairman González: Mr. Cruz.

                  Mr. Cruz: Thank you. This came before the Commission on November 18, 2004; was ten
                  months ago. Commissioner Winton and the Commission, did the right thing at that time, in
                  granting our appeal and denying this project. Unfortunately, the vampire rose from the coffin
                  and has been roaming for ten months. I ask that you put the nail in the coffin and the wooden
                  stake through the heart of the vampire today and put an end to this. As far as the appraiser that
                  just spoke, he very eloquently tried to deny that a high-rise built next to a single-family home will
                  not impact the value of that single-family home. I've heard this Commission, and specifically
                  Commissioner Winton, speak to that in the past, and we know that that is simply not true, and
                  perhaps the gentleman would care to research the house immediately behind the ten-story Fall's
                  building at 57th and Biscayne. It was on the market for 14 months; unheard of in Morningside,
                  but that's how long it took to sell that house. It sold quite a bit under the market value at the
                  time. Gentlemen, please do the right thing. Please protect Miami's first historic district, the
                  Morningside neighborhood. Many people will be grateful. Thank you.

                  Vice Chairman González: All right. Anybody else who wants to address the Commission? Yes,
                  ma'am.

                  Nina West: Hello. My name is Nina West. Today, I'm speaking for the Buena Vista East
                  Historic Neighborhood Association, which is across from Morningside. At the time that the first
                  appeals were going on, we had a resolution in support of our neighbor and in support of Mr.
                  Winton's decision. We ask the Commission to stick to their original decision. We don't see that
                  anything has changed, and we would also like to see an end to it, and we are very concerned
                  about the protection of the historic neighborhoods in the City of Miami. Thank you.

                  Commissioner Allen: Yeah. Mr. Chairman, if I may?

                  Vice Chairman González: Just a minute. Let me say --

                  Commissioner Allen: I'm sorry.

                  Vice Chairman González: -- anybody else that wants to address the Commission on this item?
                  OK. Seeing none, hearing none, public hearing's closed, back to the Commission. You're
                  recognized, Commissioner Allen.



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                  Commissioner Allen: Yes, Mr. Chairman. This is a quick question. I gather this is for Ms. Lucia
                  Dougherty. She mentioned 1305. Are you -- Ms. Dougherty, are you indicating that when your
                  application was filed -- ? Are you saying that any substantive changes that were made should
                  not apply retroactively or whether --

                  Ms. Dougherty: That's exactly what I'm saying.

                  Commissioner Allen: -- or where those changes procedurally? Because procedurally, you can -
                  - it can be applied retroactively, and so I guess, at some point -- I'll wait until my -- the City
                  Attorney gathers himself, because what I need to get is some instruction from our City Attorney
                  as to how we're to --

                  Jorge L. Fernández (City Attorney): It's substantive to the nature, and she comes under 1305,
                  and those should be the standards that would apply to this application.

                  Ms. Dougherty: I do come under 1305, but I come under the old 1305 --

                  Mr. Fernández: Correct.

                  Ms. Dougherty: -- that was in existence prior to my application. I mean, at the time my
                  application was submitted.

                  Commissioner Allen: So, it was a substantive change, not a procedural change because,
                  procedurally, you can --

                  Ms. Dougherty: Yes, of course.

                  Commissioner Allen: -- retroactively. That's --

                  Ms. Dougherty: Well --

                  Commissioner Allen: I want to get the City Attorney's --

                  Ms. Dougherty: -- it is substantive because your ordinance that amended --

                  Commissioner Allen: Right.

                  Ms. Dougherty: -- 1305 actually says that it doesn't apply to applications that were filed prior to
                  January 1.

                  Commissioner Allen: Because the reason why I'm asking is that we're sitting in a quasi-judicial
                  capacity, so we arguably have to make some level of findings of fact, I would assume, right?
                  And, of course, you might expound on that, Mr. City Attorney.

                  Mr. Fernández: Correct. It is substantive in nature, and the -- whatever decision this
                  Commission make, you can choose to grant the appeal or deny the appeal. You need to base
                  either decision on competent, substantial evidence as you've heard here today, applying the
                  standards of 1305 as it existed before 2004.

                  Commissioner Allen: Right, and to that end, respectfully, Lucia, you're very abled counsel, and
                  these gentlemen do not have their counsel before you. I mean, they're making a legal argument,
                  which you guys have not addressed, and we're here sitting in a quasi-judicial capacity. If --

                  Commissioner Winton: Well --



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                  Ms. Dougherty: These arguments actually were addressed at the first hearing with counsel on
                  the other side, so they believe that the new 1305 applies; we believe that the old one does.

                  Commissioner Allen: OK.

                  Ms. Dougherty: It was addressed at the old hearing, so I think there is sufficient argument in the
                  record on both sides. It's going to be -- you know, I don't know what's going to happen at this
                  point.

                  Mr. Fernández: Mr. Chairman, if I may clarify this. There's a number of criteria that 1305
                  contemplates, the 1305 that Ms. Dougherty is suggesting, and we concur with her, and they are
                  issues of ingress and egress, issues of off-street parking and loading, refuse and service areas,
                  utilities, drainage, preservation of natural features, but then you also have 1305.8, which is
                  control of potentially adverse effects generally --

                  Commissioner Allen: That's right.

                  Mr. Fernández: -- and then that section goes into greater detail, which may perhaps give this
                  Commission ample territory to make a decision, as long as you've heard either party testify, as to
                  what would be in the best interest. Certainly, in the area of control of potentially adverse effects
                  generally, you have -- it reads like this, "In addition to the review of detailed items indicated
                  above as appropriate to the particular class or kind of special permit and the circumstances of
                  the particular case, review of appropriateness shall be given to potentially adverse effects
                  generally on adjoining and nearby properties. The area, the neighborhood, or the city of the use
                  or occupancy as proposed or its location, construction, design, character, scale or manner of
                  operation," and it goes on, and so there is where this Commission needs to make a
                  determination.

                  Commissioner Allen: So, I guess --

                  Commissioner Winton: Mr. --

                  Commissioner Allen: -- Mr. Chairman, if I may. The operative issue here is the adverse effect.
                  That, to me, is where I'm going to weigh my decision, and I've listened to both arguments. I
                  don't know if -- that the Chairman wants to give --

                  Commissioner Winton: Mr. Chairman.

                  Commissioner Allen: -- the parties another attempt to put something --

                  Commissioner Winton: May I weigh in?

                  Commissioner Allen: -- on the record, but that's my position.

                  Vice Chairman González: Commissioner Winton.

                  Commissioner Winton: The debate on Biscayne Boulevard has gone on ad nauseam. We even
                  passed a moratorium on Biscayne Boulevard to try to get at this whole issue of how we can
                  balance the issue relative to state law for property rights against the issue of preservation of the
                  greatest asset we have in the City of Miami, which is our single-family neighborhoods, and I
                  think this Commission has overwhelmingly supported the concept of supporting single-family
                  residential neighborhoods, and everybody recognizes the value there, and it's interesting -- and
                  I've struggled with this whole issue, particularly on that part of Biscayne Boulevard, in terms of
                  what the right answer is, and it has been a struggle, and we've talked about it and talked about it
                  and talked about it, but it's interesting that the counsel's own testimony pointed out very clearly

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                  the issue in front of us, and that is the adverse impact on the adjoining properties, in particular -
                  -

                  Commissioner Allen: Correct.

                  Commissioner Winton: -- and the neighborhood more in general, and I don't know how tall --
                  what the height of the interior of this building is, 30 feet, where you're going to build a 90-foot
                  building, 87-foot building that is going to literally be placed adjacent to a one-story
                  single-family home, and we already know, by expert testimony -- I haven't seen the data yet, but
                  I'll accept it at face value -- that values along the commercial corridor are already adversely
                  affected. The Market does consider that, and I agree with it. I think the market has considered
                  it. I will suggest to you, however, the market will do one more consideration, if we allow this
                  building to be built. That consideration will be applied to all the immediate single-family homes
                  that abut this building, because you ain't going to go buy a single-family home in a
                  neighborhood where everyday when I walk into my backyard I've got a ten-story fence I'm
                  looking at. It isn't like some of the neighborhoods closer to where I live, where you see big
                  buildings on the horizon or over the tops of the trees, which I consider to be actually pretty damn
                  attractive. This is the wall, baby. I get to walk out my backyard everyday and look at the wall.
                  It's -- this is worst than the Great Wall of China. No the great -- the Berlin wall. Got the wrong
                  wall, man. The Great Wall of China is pretty cool. The Berlin wall -- got the wrong walls -- and
                  so I think that this -- I don't think. I am convinced that allowing this project to go forward on
                  that site will, in fact, have a significant adverse impact, not only on the immediate property, but
                  some of the surrounding ones, as well. Won't have an adverse impact on the ones maybe in the
                  middle of the neighborhood, but it absolutely will on all of those where I go out in my backyard
                  and I look at a 95, 85, 80-foot -- it's all the same; 70-foot, it's still the same -- wall, so my motion
                  will be to uphold the appeal?

                  Commissioner Allen: Right.

                  Ms. Slazyk: To grant the --

                  Mr. Fernández: Grant.

                  Ms. Slazyk: To grant the appeal --

                  Commissioner Winton: Grant the appeal.

                  Ms. Slazyk: -- and reverse the --

                  Commissioner Winton: Bingo.

                  Ms. Slazyk: -- decision of the Zoning Board.

                  Commissioner Allen: Right. In other words --

                  Chairman Sanchez: No.

                  Commissioner Allen: Right.

                  Chairman Sanchez: There's a motion --

                  Vice Chairman González: All right. We have a motion --

                  Commissioner Allen: Yes. I'll second the motion.



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                  Vice Chairman González: -- to uphold the appeal, and we have a second. All in favor, say
                  "aye."

                  Commissioner Allen: All right. Just -- Mr. Chairman, just for further clarification. Let's put it
                  in laymen's term. What we're doing, if we grant this, then that would not allow this new
                  construction to take place.

                  Ms. Slazyk: It denies the Class II --

                  Commissioner Allen: That's correct.

                  Ms. Slazyk: -- special permit.

                  Commissioner Allen: That's what we -- right.

                  Commissioner Winton: What --

                  Commissioner Allen: That's the --

                  Vice Chairman González: All right. Are we clear?

                  Commissioner Allen: -- laymen's --

                  Vice Chairman González: Yes, Mr. City Attorney.

                  Commissioner Allen: -- basis of what you were saying.

                  Commissioner Winton: Mr. City Attorney.

                  Mr. Fernández: Granting -- the motion is to grant the appeal, which means that the project, the
                  development will not take place.

                  Commissioner Allen: Not, right.

                  Commissioner Winton: Will not take place.

                  Commissioner Allen: Exactly.

                  Mr. Fernández: Now, let me make sure that you understand the conditions of 1305 because you
                  need to make proper findings.

                  Commissioner Allen: Findings.

                  Mr. Fernández: Once you have found that such potentially adverse effects are in place, then
                  there is an additional consideration that you have to give, to be very thorough, to hopefully be
                  able to sustain this decision, if challenged in court, or as such -- and the ordinance reads like
                  this: "where such potentially adverse effects are found" -- and the motion is that you have found
                  and you have stated on the record that there are such effects -- "consideration shall be given to
                  special remedial measures," and then you have heard Ms. Dougherty talk about the remedial
                  measures that they have attempted to bring about to address some of those potentially adverse
                  effects. Remedial measures appropriate in the particular circumstances of the case, including
                  screening or buffering, landscaping, control of manner of hours of operation, alteration of
                  proposed design or construction of buildings, relocation of proposed open space, or alteration of
                  use of such space or such other measures as are required to assure that such potential adverse
                  effects will be eliminated or minimized to the maximum extent reasonably feasible, so your

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                  finding of impacts, of potentially adverse impacts, you need to go one step further and also make
                  findings that whatever testimony you have heard adduced by the -- by Ms. Dougherty do not
                  meet, in fact, the mitigation or the elimination of those impacts.

                  Commissioner Allen: And to that end, Mr. Chairman, I might add -- and as I said earlier, of
                  course, we have to do a findings of fact with respect to this. I've listened to argument on the part
                  of both parties, and it appears to me what Ms. Dougherty has mentioned does not rise to the
                  level to adequately, in my opinion, satisfy remedial measures that would outweigh the adverse
                  effects. I'm, frankly, convinced by the testimony of the parties before me, the neighborhood -- I
                  guess it's the Miami Neighborhood unit and the gentleman on behalf of the Miami Shores, it
                  appears to me --

                  Commissioner Winton: No. Let's be clear.

                  Commissioner Allen: The Miami -- I'm sorry. Miami --

                  Commissioner Winton: This is not Miami Neighborhood United. This is the neighborhood -- the
                  Morningside neighborhood.

                  Commissioner Allen: OK. I stand corrected. Morningside neighborhood. I stand corrected,
                  but -- further into testimony --

                  Commissioner Winton: Because I ain't listening to Miami Neighborhoods United.

                  Commissioner Allen: -- but in any event, I would suggest, in my opinion, from my viewpoint here
                  or vantage point that they have adequately satisfied me that this is a tremendous adverse impact,
                  and thus, that adverse impact outweighs any remedial measures that were pronounced by Ms.
                  Dougherty, so having said that, I'm willing -- I am willing --

                  Vice Chairman González: All right.

                  Commissioner Allen: -- and able to vote at this point.

                  Vice Chairman González: Does that conclude your comments?

                  Commissioner Allen: Yes.

                  Commissioner Winton: Mr. City Attorney, do we need anything else put on the record --

                  Mr. Fernández: Nope.

                  Commissioner Winton: -- after that?

                  Vice Chairman González: All right. We had a motion and we had a second. All in favor, say
                  "aye."

                  The Commission (Collectively): Aye.

                  Vice Chairman González: Motion carries.

                  Ms. Dougherty: Thank you very much.

PZ.12 05-00078a   ORDINANCE                                                                     Second Reading
                  AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
                  ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF
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                        ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                        CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
                        DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
                        FROM "R-1" SINGLE-FAMILY RESIDENTIAL TO "R-1" SINGLE-FAMILY
                        RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE
                        PROPERTIES LOCATED AT APPROXIMATELY 632 AND 634 NORTHEAST
                        68TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN
                        "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A
                        SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
                        05-00078a Legislation (Version 2).pdf
                        05-00078a Exhibit A.pdf
                        05-00078a Analysis.pdf
                        05-00078a Zoning Map.pdf
                        05-00078a Aerial Map.pdf
                        05-00078a March 14, 2005 ZB Reso.pdf
                        05-00078a June 13, 2005 ZB Reso.pdf
                        05-00078a Application & Supporting Docs.pdf
                        05-00078a FR Fact Sheet.pdf
                        05-00078a SR Fact Sheet.pdf
                        Balans 2.ppt
                        Balans 2 arguments.doc

                        REQUEST: To Amend Ordinance No. 11000, from R-1 Single-Family
                        Residential to R-1 Single-Family Residential with an SD-12 Buffer Overlay
                        District to Change the Zoning Atlas

                        LOCATION: Approximately 632 and 634 NE 68th Street

                        APPLICANT(S): Balans Biscayne Properties, LC

                        APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        ZONING BOARD: Recommended denial to City Commission on
                        March 14, 2005 by a vote of 7-0 of the request to C-1 Restricted Commercial
                        with an SD-9 Biscayne Boulevard North Overlay District. Recommended
                        approval to City Commission on June 13, 2005 by a vote of 8-1 of the request
                        to R-1 Single-Family Residential with an SD-12 Buffer Overlay District.

                        PURPOSE: This will change the above properties to R-1 Single-Family
                        Residential with an SD-12 Buffer Overlay District.

                        NOTE: At the City Commission meeting of April 28, 2005, the original
                        companion request to Change the Future Land Use Designation of the Miami
                        Comprehensive Neighborhood Plan from "Single Family Residential" to
                        "Restricted Commercial" was withdrawn by the applicant.
                        Motion by Commissioner Winton, seconded by Vice Chairman González, that this matter
                        be ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Regalado
                        Absent: 1 - Commissioner Allen
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                  12735

                  Vice Chairman González: Lourdes, I'm told that we're ready for PZ.12, so --

                  Chairman Sanchez: Are all parties here?

                  Vice Chairman González: Are all parties here for PZ.12? Yes?

                  Commissioner Winton: Is this going to be controversial? Because I have two meet -- I have
                  three meetings during the lunch break, so if this is going to go for an hour, we're not going to
                  have time to do it.

                  Vice Chairman González: You're out --

                  Commissioner Winton: Sorry.

                  Vice Chairman González: That mike is not working.

                  Chairman Sanchez: I am so sorry. I turned it off.

                  Lourdes Slazyk (Assistant Director, Planning & Zoning): You turned me off.

                  Lucia Dougherty: Everyone is here, but we do still have some opposition. It's up to you,
                  Commissioner. I mean --

                  Commissioner Allen: I would move that we hear this --

                  Vice Chairman González: Want to bring it back this afternoon?

                  Chairman Sanchez: Afternoon.

                  Commissioner Allen: -- afternoon.

                  Commissioner Winton: Yeah, because I --

                  Vice Chairman González: All right. Let's --

                  Commissioner Winton: You know --

                  "[Later...]"

                  Chairman Sanchez: PZ.12. All right. Madam Clerk.

                  Ms. Slazyk: PZ.12 is a request for an SD-12 overlay to the property at 632 and 634 Northeast
                  68th Street. This item was adopted on first reading, and it was -- Commissioner Winton had
                  requested that we meet -- that I meet with the applicant and try to brainstorm some other
                  possible solutions for parking for a Balans restaurant at this location.

                  Chairman Sanchez: Is this an appeal?

                  Ms. Slazyk: We did meet, and we came up with some things --

                  Chairman Sanchez: Is this an appeal?

                  Ms. Slazyk: -- that I'm going to --
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                  Chairman Sanchez: Is this an appeal?

                  Commissioner Winton: No. We continued it.

                  Chairman Sanchez: OK.

                  Ms. Slazyk: I'm going to let Lucia --

                  Commissioner Winton: No, no. We (UNINTELLIGIBLE) --

                  Ms. Slazyk: -- present by way of possible solutions. The recommendation from the Planning
                  Department was for approval for several reasons. First of all, this property does have a history
                  of being used for parking, and secondly, no matter what sort of commercial venture may come
                  into the property located on the boulevard, it would probably need parking, so the SD-12 is a
                  good solution for that. It's how it's implemented that we're try -- that we're struggling with to
                  minimize the impact on the neighborhood, and I'm going to let Lucia present some of the ideas
                  that we came up with when we met.

                  Ms. Dougherty: Thank you. Lucia Dougherty, offices at 1221 Brickell Avenue. I'm joined today
                  by my colleague, Patrick Range. Also with me this afternoon is Prady Balan, who is the owner
                  of the restaurant, and his colleague, Paul Perdromo. Also with me is Ilija Mosscrop, who is the
                  architect for the project. This is the second reading of an ordinance that would allow parking on
                  what used to be a hotel site and a parking lot. It is currently zoned R-1 single-family, but
                  historically, it was used as a parking lot and a hotel. The proposal is for a restaurant that
                  everyone says they would like to have. The issue that we grappled with, and you had some angst
                  about at the last Commission meeting was is there sufficient parking, what are we going to do
                  about the parking. Because -- originally, remember, we had asked for a C-1 zoning, which
                  would give us more parking than this SD-12 overlay because the SD-12 overlay requires a large
                  20-foot setback. It requires some other things that the C-1 would not require. However, you
                  directed staff to meet with us and to see if there was some solution that we could find the
                  required parking. We actually reduced the size of the restaurant to accommodate the amount of
                  parking spaces that we could legally get on site, so we have a restaurant currently that is 1,700
                  square feet, and we have, legally, self-park spaces for 17 parking spaces; one parking space for
                  every one hundred square feet, which, by the way, is the highest number of parking spaces that
                  the City has in its zoning ordinance; one-to-one is the highest that you can get in the City of
                  Miami Zoning Ordinance. However, as a practical matter, let me tell you the following things.
                  One is we will probably use this parking lot for valet parking, so we'll have more than 17
                  parking spaces. Directly across the street, north of us, is Jenny's Flowers. They park 15 parking
                  spaces, literally across the street from us, in a perpendicular way. Those are not her parking
                  spaces. Those are public right-of-way and public parking, although you wouldn't know it by the
                  way it's configured. We meet the parking -- the issue is we have -- we had proposed 150 seats,
                  and the question is, is 17 parking spaces sufficient for 150 seats, and I think, intuitively, everyone
                  on the Commission and the neighbors said that's not sufficient, so you challenged us to find
                  alternative sources of parking, which we did. You've also challenged us to meet with our most
                  immediately affected neighbors, which we have. We have -- actually, one of our most directly
                  affected neighbors who was opposing it the last time is now here in support. Now, with respect
                  to what are we going to do about the parking lots, we have a Memorandum of Understanding
                  from three different lots. The first one is at six -- the American Legion Parking lot, at 64th
                  Street.

                  Commissioner Winton: What's this address, 69?

                  Ms. Dougherty: Sixty-fourth Street. This is 69th.



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                  Commissioner Winton: Sixty-eight.

                  Ms. Dougherty: Sixty-eighth, which, by the way, is not very much for valet parking because, you
                  know, if you ever go to a Ocean Drive restaurant in Miami Beach, they're parking on Alton
                  Road, which is the opposite side of the street because they have a system which Prady can
                  describe for you.

                  Commissioner Winton: OK.

                  Ms. Dougherty: OK, so that's one. We also have a Letter of Intent and a Memorandum of
                  Understanding with a property at 72nd, which is Willets-O'Neil Company. It's at 72nd and
                  Biscayne Boulevard. Now, the first one is for 24-hour a day on the weekends, and between 4 and
                  2, I believe -- oh, wait -- between 3 and 1 a.m. on Saturday -- during the week, and Sundays and
                  Saturdays 24 hours. On the Willets Company, we have seven days a week, 24 hours a day
                  permitted parking. We also have a Memorandum of Understanding from the Morningside
                  Elementary school, which says that we could use it Monday through Friday, 4 to midnight only,
                  and Saturday and Sunday, 24 hours. Now, we have some neighbors who are opposed to us using
                  Morningside Elementary School at all, which is our last resort. We don't need it, given the other
                  two parking lots that we have. On the other hand, remember, this is something that we don't
                  have a plan before you yet. I mean, we can tell you what we propose, but until you go through
                  the special exception, where the Board has a right to say you can't have this many seats, you
                  can't have this hours of operation -- they can also impose hours of operation on the adjoining
                  parking lots that we would propose. Additionally, we have other suggestions that we can make.
                  There are no left turn -- or no right turn out of our parking lots that we could impose, either by
                  the methodology of actually designing the entrances and exits, or alternatively, having a guard
                  there, or some sort of a security officer, who would not let folks go into that neighborhood.
                  There is a proposal by our neighbors, Karen McGuire, specifically, at 67th, if we would agree to
                  pay for an arm, meaning that would allow anybody to go in, it would just go up and down as a
                  traffic calming device on 67th, which we would agree to pay for. On 68th Street, if you would
                  like us to pay for a landscape barrier that couldn't -- wouldn't allow cars on 68th -- remember,
                  this property is between 67th and 68th -- we would agree to pay that, so there are lots of
                  solutions that we could propose at the time that -- and we have Memorandum of Understandings
                  between these three facilities, in the event that you are -- will agree to let this go forward on
                  second reading, but we can't finalize any of these things until you -- until we come for a special
                  exception, and we can't do that until we get this on second reading. Prady Balan -- I mean,
                  excuse me, Ilija Mosscrop is here and can describe the project.

                  Commissioner Winton: Well, I think we've heard the description of the project, haven't we?

                  Ilija Mosscrop: Hello.

                  Commissioner Winton: Is it different than it was the last time?

                  Mr. Mosscrop: No, it's not. Lucia basically gave my presentation.

                  Commissioner Winton: OK, so --

                  Mr. Mosscrop: Thanks, Lucia.

                  Commissioner Winton: -- we don't need to hear that again.

                  Ms. Dougherty: But there --

                  Mr. Mosscrop: I want to just --



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                  Ms. Dougherty: -- I guess if we -- if there's any discussion about traffic, we can rebut that, so --

                  Mr. Mosscrop: Yeah, rebut.

                  Ms. Dougherty: -- we'll rest now, and if there is any opposition regarding traffic issues, we've
                  actually done a traffic study.

                  Commissioner Winton: OK.

                  Ms. Dougherty: OK.

                  Commissioner Winton: Who's --

                  Chairman Sanchez: All right.

                  Commissioner Winton: -- up next?

                  Chairman Sanchez: Is there anyone here in opposition? All right. Please, those that will speak,
                  have you been sworn in? You have not? Madam Clerk.

                  Commissioner Allen: Yeah. You spoke earlier today.

                  Chairman Sanchez: All those that will be --

                  Commissioner Allen: He was sworn in earlier.

                  Chairman Sanchez: You were sworn in earlier, right? You were here.

                  Commissioner Allen: Yeah.

                  Chairman Sanchez: But were you sworn in earlier? All right. Swear him in, Madam Clerk. All
                  those that'll be testifying, please stand up and be sworn in.

                  Priscilla A. Thompson (City Clerk): Please raise your right hand.

                  The City Clerk administered required oath under City Code Section 62-1 to those persons giving
                  testimony on zoning issues (said oath was translated into Spanish and Creole).

                  Ms. Thompson: Thank you.

                  Chairman Sanchez: OK. Now all the speakers, when you have an opportunity, just come on up.
                  State your name and address for the record, and you have two minutes each. Thank you so
                  much. You have a presentation?

                  Elvis Cruz: Yes, sir. It's about three minutes. I did it in conjunction with some of the other
                  neighbors.

                  Chairman Sanchez: All right. Presentations are excluded from the two minutes.

                  Mr. Cruz: Oh, thank you. The beginning of the presentation -- by the way, it's Elvis Cruz, 631
                  Northeast 57th Street, and the beginning of it is a little bit of a summary from last time, but it'll
                  be very brief. It's mostly for the benefit of Commissioner Sanchez, who missed it the first time
                  around. I'm here in support of the Morningside Civic Association and in support of our
                  neighbors in Bayside and Palm Grove. Gentlemen, we welcome the Balans restaurant, but we
                  oppose the SD-9. The current -- I'm sorry, the SD-12 -- thank you -- for three reasons. Number

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                  one, there is no hardship to justify this change in zoning. As we all know, someone cannot claim
                  hardship when they have created the condition that has created the hardship. The applicant,
                  knowingly and voluntarily, bought these two R-1 lots, even though they are not zoned for the
                  intended use, and this slide shows the commercial lot in blue, and the two R-1 lots in green.
                  About 60 percent of this land is zoned R-1. There are many other more suitable properties along
                  Biscayne that this successful restaurant chain can still buy or lease. Number two, this is a
                  commercial intrusion into an R-1 residential area. This should not be allowed anywhere in
                  Miami, but especially this area, which is not only the Bayside Historic District, but its most
                  historic street, 68th Street, known to historians as the Elmira Colony, after the early Miami
                  pioneers who arrived there in 1899 from Elmira, New York. Platted in 1909, the pavement on
                  68th Street is only 16 feet wide, with no sidewalks, and certainly, no room for parking.
                  Incidentally, there is a neighbor who was initially opposed to this overlay at the first hearing.
                  Since then, she has been promised some goodies by the developer and has reversed her position,
                  so you'll understand why that reversal took place. Number three, even with the overlay, there is
                  simply not enough parking for the 150 to 200 seats Mr. Balans has stated the restaurant will
                  have. The applicants have attempted to find location for offsite valet parking, including
                  Morningside Elementary School. Allowing a commercial parking lot in a residential area should
                  not be allowed anywhere in the city. For example, Commissioner Regalado, how would your
                  constituents react if a restaurant were to set up a valet parking lot at Fairlawn Elementary or
                  Silver Bluff Elementary, with all that late night traffic? Commissioner Sanchez, what if this were
                  done at Coral Way Elementary? Commissioner González, if it were done at Comstock
                  Elementary? And, Commissioner Allen, if this were done at Toussaint L'Ouverture Elementary?
                  At the first reading of this item, I was directed by Commissioner Winton to meet with Mr. Balans
                  and to consider alternative locations. Three important items came out of that meeting. Number
                  one, the great parking loophole. I saw what appears to be a gaping loophole in the City's
                  Zoning Code. The parking requirement for a restaurant is one parking space per 100 square
                  feet of the interior square footage of the restaurant. Here are the plans for the proposed
                  restaurant. Shaded in blue is the 1,700 square foot interior, so this restaurant is required to
                  have 17 parking spaces. That interior has about 34 seats, so that makes some sense, but shaded
                  in pink are at least 122 additional seats that are outside under an awning or along the sidewalk.
                  Because they are outside, there is no parking requirement for those 122 seats. This is a
                  completely illogical loophole in the Zoning Code. Also note that the seating capacity I've
                  mentioned is what is stated on the plans, but careful scrutiny of those plans reveals the potential
                  for a much larger number of seats. If this variance is allowed, you'll have a 150- to 200-seat
                  restaurant with only 17 spaces on site. This building has been purposely designed to circumvent
                  the intent of the parking requirement by taking full advantage of the loophole. Gentlemen,
                  regardless of what you decide today on the SD-12 overlay, please close this loophole that allows
                  outside seating to have no onsite parking requirement. Item number two, alternative locations.
                  As Commissioner Winton directed, I researched alternative locations in the area, and here are
                  ten. The former Ola Restaurant, currently vacant, already built, only need to remodel, has a
                  parking lot. The mall building, a former home to Donnelly Advertising and the American Heart
                  Association. This is my personal favorite. Here's an endangered 1954 Miami modern
                  architectural gem. It is currently vacant, and ideally, partnership could be formed to restore the
                  building, have the restaurant on the ground floor with offices upstairs. This would be a win-win
                  situation all the way around. Mr. Balans would be -- I'm sorry. Let me try that again. OK. Mr.
                  Balans could, perhaps, get a partnership going. He could have the restaurant downstairs, with
                  offices upstairs, and this win-win situation would have Mr. Balans as the toast of the Upper
                  Eastside. There's a newly renovated building at 64th and Biscayne, currently vacant. The
                  American Legion Post, which they mentioned earlier, they have a bay front dining room and
                  plenty of onsite parking. The lease becomes available from time to time. There's no building to
                  construct, nor mortgage to pay. It is not on the boulevard, but has a great view of the bay. The
                  Quick Stop, this is next door to the site Mr. Balans already owns, and if this were acquired, it
                  could be used for parking. The former Mosaics Restaurant, currently empty. Seventy-fourth
                  Street, big vacant lot, 38,000 square feet. Seventy-fifth Street, a bigger vacant lot, 46,000 square
                  feet. Eighty-seventh Street, former fish peddler, already built, has parking, and lastly, the former

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                  Mike Gordons, perhaps a bit pricey, not on Biscayne, but would have a nice bay view, and a
                  restaurant there would be much preferred by the Shorecrest neighborhood than a high-rise.

                  Commissioner Winton: I don't think it's for sale.

                  Mr. Cruz: I'm sorry?

                  Commissioner Winton: It's not for sale, is it?

                  Mr. Cruz: Everything's for sale, I guess, at the right price. That's what I've heard about real
                  estate. The last item is feasibility. As I told Mr. Balans and Mr. Mosscrop, the neighborhoods
                  along Biscayne want your restaurant to come to our area and be successful, but I feel like I'm
                  trying to save you from yourselves. After studying this issue at length, I'm convinced that this is
                  the wrong location for a restaurant with this many seats, and that it would be unsuccessful.
                  Even if they get away with the outdoor seating parking loophole, at least 78 percent of their
                  seating would be outdoors, subject to our South Florida summer heat, winter cold snaps, and
                  frequent rain. In addition to the large parking deficit, there is no left turn allowed into or out of
                  68th Street, while there is currently only painted striping to prevent that, which a valet parking
                  attendant might conveniently overlook. The FDOT (Florida Department of Transportation)
                  project will soon construct a raised median, so a driver won't even be able to cheat. In
                  summary, this overlay request has it backwards. Instead of buying land that their building
                  would fit on, or designing their building to fit the land they bought, they want the zoning
                  changed to fit their design. In conclusion, to Mr. Balans, we say welcome to Biscayne
                  Boulevard, but please obey the zoning laws as they are, and Commissioners, in closing, I ask you
                  to search your memory and answer this question: When was the last time the City of Miami
                  created R-1 land? Please protect our neighborhoods and deny this overlay.

                  Chairman Sanchez: Thank you.

                  Mr. Cruz: Thank you.

                  Chairman Sanchez: All right. Next speaker. Good afternoon, ma'am.

                  Gilda Iriarte: Good afternoon. I'm Gilda Iriarte. I reside at 881 Northeast 71 Street. I'm in the
                  Bayside neighborhood, and I'm a member of the Bayside Residents Association also. I don't
                  want to belabor any of the points that Elvis made, since the presentation has been made, but the
                  67/68th Street horseshoe configuration is a big concern since I already live in the neighborhood.
                  I find that even on 69th Street, where Starbucks is, there's already issues with parking, but even
                  more than that, I've been going to all the Miami 21 meetings, and the Miami 21 update
                  revamping of the Zoning Code looks at setting up transitional zones in residential
                  neighborhoods, and there's nothing about transitional zones being parking lots, and this is what
                  the SD-12 would, in fact, be doing to these lots right behind the commercial lots, and it would
                  just set such a bad precedent because the Starbucks lot is a lot deeper and can fit in cars, but the
                  -- this lot that is being proposed is a lot shallower, so therefore, that's why the R-1 lots are being
                  required, but there's other lots that would be -- require that, so we're setting up a precedent for
                  all of those commercial lots on that -- on those streets to ask for the same thing, so please deny
                  this.

                  Chairman Sanchez: Thank you, ma'am. Ma'am, you have a presentation?

                  Karen McGuire: Yeah. I need some technical assistance.

                  Chairman Sanchez: How long is it going to take you?

                  Ms McGuire: Three minutes.

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                  Chairman Sanchez: Three minutes. All right. While you set up, we'll get the next speaker to
                  come up. You need help?

                  Ms. McGuire: Yeah.

                  Bob Powers: Good afternoon. My name is Bob Powers. I live at 565 Northeast 66th Street.
                  The only prob -- I represent the Palm Grove Neighborhood Association.

                  Commissioner Winton: Which one?

                  Mr. Powers: The only thing that --

                  Commissioner Winton: Which one? Which home --

                  Mr. Powers: The Palm Grove Neighborhood --

                  Commissioner Winton: OK.

                  Mr. Powers: -- Association. The only thing that I'm up here to speak -- welcome, Balans. I
                  hope you get what you're looking for, but the bottom line is that we don't want their runners
                  coming through our neighborhood to park at the school 2 and 3 o'clock in the morning, picking
                  up cars and bringing them up and down the streets because I don't know if you've ever been in
                  that neighborhood. It's very quiet at night, even though it's right off of Biscayne Boulevard, and
                  you can hear everybody who goes down the street, so I don't personally -- I live in that
                  neighborhood. I own property and I pay taxes in that neighborhood. I don't want them using
                  the school property for that issue. Now, they can -- like -- Elvis brought up a bunch of things.
                  I've already talked to them. I welcome them to the neighborhood. We would love to have them
                  build something in the neighborhood. I just don't think it's appropriate for them to be using -- to
                  be cutting through a neighborhood to park their automobiles for their business. That's all I have
                  to say. Thank you very much.

                  Chairman Sanchez: Thank you. Are you ready?

                  Ms. Mcguire: Not really, but you know what, while I'm waiting for the technical assistance, I
                  can just kind of update you about --

                  Chairman Sanchez: Well, hold on. Is there another speaker? Yeah, come on up, and then while
                  you get --

                  Ms. McGuire: OK. Go ahead. She can --

                  Caroline Defreze: Hello. My name is Caroline Defreze. I live at 635 Northeast 68th Street with
                  my family, and I've lived there about ten years. I live within ten feet of the proposed
                  development, so if anybody is really truly impacted by this project, then it's me, and I'm here
                  today to support the project. Originally, I was opposed to the rezoning of the R-1 lots for
                  parking. I'm familiar with the problems that residents have with commercial projects, such as
                  this abutting their property, and I was very worried that our quality of life would be destroyed by
                  an oversized restaurant and a valet parking operation. I felt that the only protection was -- that
                  we had was to hold on to the R-1s and minimize the encroachment into the neighborhood. That
                  was then and this is now. We had to fight because we were not being listened to. At the point
                  where, at the last Commission meeting, there was a motion to change the Commissioner's mind
                  because he had not realized how the other Commissioners had voted, I realized that it would be
                  in the best interest of my family to have a serious conversation with Prady Balan. I met with
                  Prady Balan, and I tried to convince him to build houses on the R-1 lots, but he's a restaurateur,

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                  not a developer, and he pointed at prostitutes and he said, look, Caroline, there are prostitutes,
                  and I said, but, Prady, the prostitutes conduct their business very quietly, and he said, look,
                  Caroline, this isn't Wisteria Lane. You know, what is your problem, and I said, the problem is
                  the traffic and the noise, and he said, listen, I'm working with the City to develop a street closure.
                  I will give you soundproof windows in your house so that you won't be able to hear the noise,
                  and I said, Prady, I don't have air conditioning. I have to have the windows open, and he said, I
                  will give you air conditioning, and I said, well, you know, I don't mind not having air
                  conditioning. I can have the wind -- I like the -- it's healthier and there's a lovely bay breeze,
                  and he said, well, it would be really nice to have that choice. It would be nice to have the choice.
                  I think that Mr. Balans is a very generous man, and he recognizes that our family will most
                  definitely be impacted by this development, and he's prepared to listen and find a real solution
                  for what could have a negative effect on our quality of life. At the last Commission meeting,
                  Commissioner Winton said that he didn't know what to do, and that he wanted to send a message
                  out. The message should be that you give the residents that are affected by a new development a
                  choice to preserve their quality of life. It is my hope that perhaps Prady Balan will set the
                  standard for developers coming into our neighborhoods, that they will have to listen to those
                  lives -- those people whose lives are actually impacted by these businesses, and reach a
                  compromise that is agreeable to both parties, so instead of dismissing a resident because she
                  shouldn't have bought so close to the boulevard, we will assess how we can best accommodate
                  the resident that is impacted. It is crucial that these developments are carefully planned so that
                  the commercial and residential communities can peacefully coexist. Hopefully, the Balans
                  project will be what the boulevard needs to begin the process of tasteful revitalization, and with
                  the right covenants, the neighborhood will be protected. I am thankful that now I can be
                  supportive of the Balans project and the revitalization of Biscayne Boulevard, and know that I
                  will not have to see or hear it on a Saturday night at 9 o'clock, when I'm trying to put my
                  children to sleep. Thank you.

                  Chairman Sanchez: Thank you. All right. Are there any other -- yes, sir.

                  Robert Flanders: I'm Bob Flanders. I live at 720 Palm Bay Lane, for the last 25 years, I think.
                  Commissioner, you are absolutely right, on a side note here. We'll be sending, no doubt, from
                  the Bond Oversight Board, an item which will allow Virginia Key Beach Park Trust to open up
                  on Veterans Day 2006, 82 acres, an additional 82 acres of parkland in the City of Miami, so you
                  know, the -- I can't speak for the Board, but I think that they will probably look most favorably
                  on this --

                  Chairman Sanchez: Absolutely.

                  Mr. Flanders: -- particular item. For the benefit of Commissioner Sanchez, who could not be
                  here for the first reading, I'm here today speaking for David Treece, my fellow cofounder and
                  president of the Upper Eastside Miami Council, Shane Graber, immediate past president of
                  Bayside Residents Association, resident and local businessman -- he lives on Belle Meade island
                  -- Steven Perricone, and by the way, he's bought Mosaic, so that's not for sale. He's opening up
                  a restaurant there, within two weeks. Bill Traurig, resident and director of the Biscayne
                  Corridor Chamber of Commerce, local resident, Morningside, and local businessman Mark
                  Soyka, and many, many other Upper Eastside, Palm Bay, Palm Grove, Belle Meade, what have
                  you, residents. We are delighted to offer our strong and unwavering support for Balans
                  restaurant on Biscayne Boulevard at is -- as it has evolved through further compromise with the
                  community. Last Saturday, along with Commissioner Winton, Mayor Diaz, County
                  Commissioner Gimenez, and many members of the West Grove community, including Thelma
                  Gibson and Jihad Rashid of the Coconut Grove Collaborative, I attended the Grand Avenue
                  Streetscape ribbon-cutting ceremony. Like those stalwart people of the West Grove, we, too,
                  have been in the trenches for years fighting hard for what is good for our community, like you.
                  We believe that having Balans will raise our quality of life, just as our new Starbucks has,
                  bringing life, pleasure, public security and much needed jobs to our community. We applaud

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                  and share West Grove's vision for their neighborhood and their dedication for fighting to get
                  their vision executed. As proposed, Balans is a visually pleasing, two stories tall, not the
                  nine-story allowable building planned by the prior owner. It fits beautifully into our
                  neighborhood. When you're handed a lemon, you make lemonade. Everybody knows that the
                  lots on Biscayne Boulevard are substandard. They are not deep enough. In fact, if the prior
                  owner hadn't have knocked down the motel, we wouldn't even be having this conversation today
                  because, unless it was knocked down, those two back lots were not R-1; they were zoned C-1.
                  Somehow, they reverted. With Balans and the other new restaurants already opened or planned
                  for the Upper Eastside, we're about to reach critical mass, in terms of having a sustainable
                  catalyst for the right kind of economic development that has been our vision for the boulevard
                  for over a decade. If not Balans, who? If not now, when? In closing, I'd like to give you the
                  remarks of Nancy Liebman, UEL (Urban Environment League) president and former two-term
                  Miami Beach Commissioner. She said that Balans electrified Lincoln Road at a time when
                  nothing else was there. She said they're terrific, and I personally have -- now I'm speaking for
                  myself. I have great confidence that, if for any reason, Balans becomes a problem in the future,
                  those of us who are supportive of this change will band together again, work with our City, and
                  we'll correct the situation. Thank you.

                  Chairman Sanchez: Thank you. Ma'am --

                  Ms. McGuire: Yes. My name's --

                  Chairman Sanchez: -- you have the floor.

                  Ms. McGuire: -- Karen McGuire. I reside at 736 Northeast 67th Street. I am a resident of
                  Bayside. I am the president of the Bayside Residents Association, and I just want to review this
                  presentation, which I had given at first reading, and I just want to thank Commissioner Winton,
                  Commissioner Regalado, and Commissioner Allen for having understood what our plight was at
                  the first hearing, and we did meet. We were requested by Commissioner Winton to meet with the
                  restaurateur, to meet with Prady Balan to try to come up with solutions. At that time, I met with
                  Caroline Defreze and the architect for Mr. Balan. We asked him to make the restaurant smaller.
                  We came up with several other development opportunities. He rejected these. He did not want
                  to make the restaurant smaller, so Caroline went off on her own and made a deal with Mr.
                  Balan, and as I told her, although I was representing her interest, I am also representing the
                  interest of everybody else that lives on 67th and 68th Street. I had a petition signed -- I didn't get
                  it -- to bring it with me, but the people on my neighborhood, they are definitely opposed of
                  having the traffic impact our residential neighborhood, and let me just go through this quickly.
                  As you know, I said it's -- historic Bayside is six -- 72nd, between 68th. It's the oldest intact
                  community in northeast Miami, and the four subdivisions of that neighborhood were done
                  between 1909 and 1925. It's mostly R-1s, from Biscayne to the bay, and we're faced with that
                  problem, that there's narrow commercial lots along Biscayne Boulevard. Now, when those were
                  developed, at the time they were developed, even though there was commercial on the first
                  fronting lots, the lots behind them were R-1, and although it was used as -- one of the lots was
                  used for parking, another R-1, right behind it, was a coral rock house, so it was a residence,
                  even though they might have used it for additional parking, and the thing was, even when the
                  commercial buildings did exist, they only had six parking spaces because they didn't have like
                  150-, 200-seat restaurant that were fitted in there. They were small businesses that
                  accommodated their small residential neighbors along that corridor. Currently, there's an SD-9
                  overlay. Now, the property values. The property values are quite high over there. Recently,
                  there was a sale on 67th; it sold for 271 per square foot. Another one on 68th, which was a
                  brand-new home, sold for 860,000, or 307 a square foot, and on 68th Street, the unit sold for
                  330 a square foot, so we have quite high property values. The configuration of 68th/67th Street
                  is a horseshoe shaped block. It's a 16-foot right-of-way. There's no sidewalks, and there's a
                  dead-end street to the east, which -- because we're fenced off from Palm Bay, which is a large
                  high-rise. It's a quiet residential street with rural configuration. It abuts Palm Bay. The fence

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                  creates a dead-end, and the residents walk their dogs and kids ride their bikes, and as a matter
                  of fact, my dog was killed last week because of a speeding car down that street, so with
                  additional parking, valet service, and other people parking on the street, it's going to be more of
                  a danger to -- especially for the children on the block. According to the ITE (Institute of
                  Transportation Engineers) Parking Generation Manual, this type of establishment, between 150
                  and 200 seats, will generate between 50 and 70 cars -- 5 cars at the peak dining hour, so even
                  though they do have valet -- even if they do have valet parking, they have a very short span of
                  area to turn in, get the valet, turn out, and there'll be some queuing on Biscayne Boulevard
                  because they'll be waiting to come into the restaurant. Cars will be trying to park in front of the
                  single-family homes. There'll be no -- well, they did identify Morningside school, and they did
                  get a Memorandum of Understanding, but I can't speak for the residents of Palm Bay and how it
                  -- of Palm Grove and how it affects them, and as Lucia said, there's parking at Jenny's Flowers,
                  which is the business directly across the street, but they're parking illegally there now, and
                  there's supposed to be parallel parking, not the kind of parking that they have. They have angled
                  parking there, which is illegal, and there'll also be a sidewalk, eventually, on that side. The
                  entrance to 68th Street, as you can see, that orange -- that beige and orange building is on the
                  west side, and here, we're looking at the entrance on the left side, where the tree is hanging.
                  That's where the -- Balans property, and on the other side, where you see the angled parking,
                  that's the illegal parking that's being done at Jenny's Flowers, and you see how wide the street is,
                  only two cars can fit, and there's no way to put sidewalks. I mean, I know the goal of the City,
                  and part of Miami 21, which is going right now in my neighborhood -- is going on, the meeting's
                  going on -- is to make the city walkable. This two blocks will never be walkable. I mean, it will
                  never be pedestrian-friendly because you can never put sidewalks in, and once you have valet
                  parkers racing down there, which they will. Even if you tell them to park in other places, they
                  will be parking on our block. It's never going to be safe on that block, and there's Morningside
                  school. This is around 2 o'clock in the afternoon. I mean, I hope that there's space there from 4
                  to 12, which I assume there will be, but again, I can't speak for those residents that will be
                  impacted by valet parkers going through their neighborhood. I think that there's a
                  residential-commercial mismatch. We want commercial development. We want restaurants.
                  Unfortunately, Mr. Balan's plan is too big for that lot, and there's many unhappy residents near
                  Ola, and Ola is now closed, and you know, what happens when you have the mismatch? You
                  have a failing business. You have residents complain. They stall or halted development on the
                  corridor, and then you have a missed opportunity. That's by putting something too big in too
                  small of a place. There's no legal left turn in the southbound lane; only legal entrances from the
                  north is through 67th Street, and there's no room for a proper U-turn, and that will cause
                  backing up, as I said. The SD-12 overlay is essentially a rezoning. Now, we're going to be
                  facing this issue with Miami 21, so I feel it's very crucial because what this will set a precedent is
                  if there's a commercial lot and it's too narrow, they will be purchasing the R-1s behind them and
                  asking for a SD-12 overlay, and I feel that is unacceptable. There's no evident hardship with this
                  developer. Once granted, the lots will never revert back to residential usage, and Pollo Tropical
                  could go in there, if his business fails, and then what? And then he'll have an SD-12 overlay,
                  and that's not really fit into the character of our neighborhood. It sets a -- not that I don't like
                  Pollo Tropical -- bad precedent for the entire corridor, two residential lots will be lost, and as I
                  said, when will it end? Now, I appreciate your consideration in this matter. We do want the
                  development. We did suggest to Mr. Balan that they close 68th Street, and that we have a coded
                  gated arm. I went to the City Public Works Department. I spoke to Len Helming [sic] or
                  something, and he told me that the only way we could do that is a special taxing district. We
                  don't have enough room to have a full gated arm on that block. I went -- then he said that if we
                  wanted to have a coded traffic gate, that we'd have to buy the street. That means that every
                  person would -- the whole two blocks would have to be replatted, and I think that's like way too
                  much complication for our neighborhood. There is a lot at the end of the block, near Palm Bay,
                  and maybe the City would want to purchase it so we could cut through -- it's on 67th -- I mean,
                  68th and 69th, and we could cut through and go with the rest of the residents on 69th Street.
                  They're asking a million dollars for that property, but anyway, I just ask you that -- I feel that
                  our needs have not been addressed, and I ask you to deny it.

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                  Chairman Sanchez: Thank --

                  Ms. McGuire: Thank you.

                  Chairman Sanchez: Thank you. All right. That -- sir, will you be speaking on the issue? Thank
                  you.

                  Ms. McGuire: Thanks.

                  Kenneth Whiting: Good afternoon. My name is Kenneth Whiting, 742 Northeast 68th Street. I
                  own three properties on 68th Street. I am in favor of the project. Sooner or later, there's -- I'm
                  in favor of the Balans project, but today's subject is the SD-12 overlay, and whatever
                  commercial thing is going to go in there, the same issue is going to come back and come back,
                  and I'd rather be here supporting Balans than to be here to stand on another day fighting
                  against some nine-story building that somebody's going to want to put there --

                  Chairman Sanchez: All right.

                  Mr. Whiting: -- so, I -- they have my full support, and I had an interesting thought, you know,
                  theytalk about valet parking, that maybe instead of running the cars back and forth like, for
                  instance, if they're using the Legion Park, they have like a guy on a four-seat golf cart, a little
                  vehicle that ferries the people back and forth, rather than driving the cars around all the time,
                  might be a plausible idea.

                  Chairman Sanchez: All right. Thank you so much.

                  Mr. Whiting: OK. Thank you.

                  Chairman Sanchez: All right. Does that conclude -- ?

                  Ms. Dougherty: Actually, that was a pretty good idea.

                  Chairman Sanchez: Very brief rebuttal.

                  Ms. Dougherty: Anyway, no hardship. There is no standard for hardship. This is a zoning
                  district classification that's an overly that is permitted only on the R-1 for a transitional use.
                  This is precisely what a transitional use is, and this is a zoning classification that is only
                  permitted in the R-1, adjacent to a commercial area, to allow for parking, as a transition. No
                  variance is required. There is no hardship standard for this kind of thing. In terms of the
                  number of seats, currently, there's 60 seats inside the restaurant that's planned. Again, the
                  outside seating, yes, there's no parking requirement, but there's never been parking requirements
                  for outside seating, and that's because seating outside doesn't necessarily always get used. On
                  the other hand, if it is used, isn't that precisely what you want on Biscayne Boulevard, a
                  pedestrian-friendly outdoor café atmosphere? Isn't that what we've all been wanting on
                  Biscayne Boulevard? In terms of Palm Grove, we don't need to use the school, but we want you
                  to know that Balans is not a nightclub. It closes at 11 during the week and 12 during the
                  weekends. This is a real eating establishment, so it's not something that's going to go on at 2
                  o'clock in the morning. In terms of the cars, we know that we can accommodate -- even Karen
                  McGuire's presentation said, if you had up to 200 seats, you would have, at peak hour, 75 cars.
                  We can easily accommodate 75 cars. We believe it's more like 60 cars at peak hour at 150 seats,
                  but even with that, we can certainly accommodate that many cars, given the other three areas, or
                  at least the two areas, if you don't count Morningside Elementary, that we would have to use. I
                  would like Ilija to talk about the traffic study.



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                  Mr. Mosscrop: I know -- my name is Ilija Mosscrop. I'm the architect, with offices at 940
                  Lincoln Road. Thank you for taking your time. I know you're skeptical about other people's
                  traffic engineers. We did retain the services of two separate traffic consultants; one of them is
                  called Kittelson and Associates. They're doing a traffic analysis for the City of Miami Beach,
                  and the other is called Civil Works, Inc. In the Civil Works results, they indicate that peak hours
                  in the morning, from 7 till 9, we would require 39 spaces total, and peak hours in the evening,
                  from 4 to 6, 38 cars total. Kittelson and Associates came up with a figure of 53, so clearly,
                  there's a big discrepancy between those two, and I do understand your skepticism. I think it
                  would be a great idea to have a City-hired traffic consultant. We did our own in-house, amateur,
                  if you will, traffic analysis, based on Mr. Balan's experience with the patrons at his restaurant,
                  which used a figure of -- assuming a 150-seat restaurant, the maximum capacity, the actual
                  number of people there, when it's full, will probably be about 120 people, and we broke that
                  number down into various percentages, say 27 -- 20 percent by car traveling alone, which would
                  yield 24 cars; 60 percent traveling in pairs, which would yield 36 cars, and the remaining 20
                  percent, either on foot or bicycle, so that yields 60 cars, so our own analysis came up with the
                  highest number, so we've got 17 on site. That would require 43 or so additional spaces, and
                  between the two valet parking lots that we would like to use, the one at Willets-O'Neil, which is
                  four blocks to the north, the other at the American Legion, which is four blocks to the south,
                  either of those can accommodate this number of spaces. We are not planning to use the
                  Morningside Elementary parking lot.

                  Chairman Sanchez: All right.

                  Mr. Mosscrop: Thank you.

                  Chairman Sanchez: Does that conclude your presentation?

                  Ms. Dougherty: Just wanted to comment. The Jenny's Flowers, which is directly north of us that
                  has 15 perpendicular spaces directly across the street from this proposed lot, are not illegal.
                  They may be nonconforming because they existed prior to an ordinance that says you can't back
                  up, but currently, they're not illegal. That's the way they're being used, and that's the way our
                  patrons could also use them.

                  Chairman Sanchez: All right. Thank you very much. Commissioner Winton. As they say, it's
                  time to --

                  Commissioner Winton: I guess that's the reason --

                  Chairman Sanchez: -- fish or cut bait.

                  Commissioner Winton: -- we get the big bucks, huh?

                  Chairman Sanchez: It's time to fish or cut bait. All right.

                  Commissioner Winton: I don't -- I still don't know the complete right answer here. I can tell you
                  that -- and I trust my gut instincts. I don't think they're bad. My instinct is, you know, I'm
                  irritated that Balans had to pick this site, you know. There's other sites. This could have been a
                  lot easier. Why'd you have to pick maybe the hardest site around there to -- for us to have to
                  fight over, but I'm also concerned that, if we reject this, then -- and we've rejected a lot of things
                  along the boulevard, and this would be the first time we've really rejected a really quality
                  restaurateur, and what that message is going to send to a lot of people out there, and I am
                  concerned about that, and when I ran for office the first time and I met with Bob, on the Upper
                  Eastside Council -- I met with a lot of folks from Morningside, and we talked at length about the
                  vision for rejuvenating the boulevard, and I am concerned about that. I'm concerned about the
                  neighborhoods. I'm concerned about rejuvenating Biscayne Boulevard. This isn't a simple one.

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                  I can also say, with a great deal of confidence, that the risk to the neighborhood behind the
                  restaurant is real. It's not -- there's nothing made up there. That's a very, very real risk. Those
                  streets -- if -- I don't know if y'all have ever gone up there, but literally, while they had two cars
                  parked side-by-side, it's really wide enough, the way people drive in this town anyhow, it's wide
                  enough for one car, you know. It's -- two cars have to really slow down to pass each other on
                  that street, so what's that mean? That means you cannot have illegal parking going on on that
                  street. Now, there was -- Karen made an interesting comment that I kind of let go. Is she still
                  here? Where'd she go?

                  Chairman Sanchez: Yeah, she's here.

                  Commissioner Winton: What did you say about if you could put the gate up, that -- what was
                  that all about? Explain it, please. Come to the -- you have to come to the microphone.

                  Ms. McGuire: OK, I'm sorry. Hi. The thing --

                  Chairman Sanchez: Name and address for the record.

                  Commissioner Winton: And pull the microphone down.

                  Ms. McGuire: OK. Karen McGuire, 736 Northeast 67th Street, Miami, Florida. You know, I
                  investigated a gated arm on the corner of 67th Street; closing off 68th Street, having a
                  breakaway closure, which would be like a planted -- lightly planted closure that an emergency
                  vehicle could get through. Now, there's two issues with that, with the closure. There's --

                  Commissioner Winton: But I -- what I -- I didn't want to know the details, the gory details of it,
                  but were you saying that if you could figure out a way to mitigate the risks to the neighborhood,
                  that you're in favor of Balans?

                  Ms. McGuire: You know what, I asked everyone, and they said that if we could have a gate, and
                  if we could have the street closed -- but we'd have to have a guarantee --

                  Commissioner Winton: OK, so --

                  Ms. McGuire: -- and -- there's one other thing, and that it would not revert -- it would not -- that
                  SD-12 would not run with the --

                  Commissioner Winton: Bingo.

                  Ms. McGuire: -- property and the land.

                  Chairman Sanchez: That's --

                  Commissioner Winton: Because I have some ideas, and that was one of them, that -- and I need
                  the City Attorney to weigh in on it, but there's another way to get at the potential off-street illegal
                  parking, and I guess I need to, I'm assuming, talk to the Administration and our City Attorney.
                  Can we not do resident sticker parking so that anybody parks on a swale in a neighborhood can
                  be automatically towed, if they don't have a sticker?

                  Ms. McGuire: You know --

                  Commissioner Winton: I'm not -- Karen, I'm --

                  Ms. McGuire: There's a problem with that. You know, I had --


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                  Commissioner Winton: Excuse me.

                  Ms. McGuire: -- suggested that, but --

                  Commissioner Winton: I'm not asking you the question.

                  Ms. McGuire: OK. All right.

                  Commissioner Winton: I'm asking --

                  Ms. McGuire: Sorry, sorry.

                  Commissioner Winton: -- them if we can do it first.

                  Chairman Sanchez: Yes, you can.

                  Rafael Suarez-Rivas (Assistant City Attorney): I think DOSP (Department of Off-Street Parking)
                  has done some pilot programs like that in Coconut Grove and other locations, and -- in certain
                  districts, and the DOSP director has --

                  Commissioner Winton: You have?

                  Chairman Sanchez: In my district.

                  Commissioner Winton: Well --

                  Mr. Suarez-Rivas: -- to be instructed to set up a pilot program there in the certain area.
                  Residential decal program, they call it.

                  Chairman Sanchez: Yeah, but the residents have to pay for it.

                  Commissioner Winton: But how much is it, $25 a year?

                  Commissioner Regalado: Twenty-five dollars a year.

                  Commissioner Winton: So, anyhow, and what was your -- now, Karen.

                  Ms. McGuire: OK, here's the comment with that, is that, in a way, it penalizes the residents
                  because if you have anybody visit, and you don't have enough room on your lot to have two cars,
                  because the people on 68th Street don't --

                  Commissioner Winton: All right.

                  Ms. McGuire: -- but 67th Street, most of us do, but 68th Street, they don't, then they're in
                  jeopardy of being towed. The other thing with the break -- you know, with the arm, with the
                  gated arm, you can have a breakaway so that, if there's an emergency vehicle, the arm can be
                  put in, but you know, we have to have consensus from all -- I guess, the majority of the
                  neighbors, and I don't know -- according to Len Helming [sic], you couldn't just have it, unless
                  we vacated -- unless we bought the street, replatted, et cetera.

                  Chairman Sanchez: No, forget that.

                  Ms. Dougherty: Well, that's not -- actually, not accurate. I mean, you can have, as a revocable
                  permit, an arm that goes up for anybody, not just residents, but anybody, any public -- it would
                  be a traffic calming device, but in Miami Beach, the residents have a decal sticker that they give

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                  to their visitors, as well, so if somebody actually shows up to your house, it's a visitor, you give
                  them that sticker to put in, or a hang thing for their car so it would prevent them from getting
                  ticketed.

                  Commissioner Winton: OK, and let me ask a few other questions.

                  Commissioner Regalado: You got four residents and four visitors; that's what you get when you
                  have this residential program.

                  Commissioner Winton: OK. Let me ask you a couple more questions. The SD-9 overlay, can
                  this overlay expire if the restaurant closes?

                  Ms. Slazyk: You mean the SD-12, right?

                  Commissioner Winton: Yes.

                  Ms. Slazyk: Right. No. The zoning goes with the land.

                  Ms. Dougherty: But --

                  Ms. Slazyk: The City could apply to remove it, or the applicant could apply to remove it if
                  they're going to go away, but --

                  Commissioner Winton: Could the applicant agree to --

                  Ms. Dougherty: But here's what you could do --

                  Commissioner Winton: -- apply to remove it if the restaurant closes?

                  Ms. Slazyk: It is -- yes, because it's a zoning atlas amendment, so you'd have to do an atlas
                  amendment to remove it.

                  Commissioner Winton: But they could --

                  Ms. Slazyk: Covenant that they --

                  Commissioner Winton: -- potentially --

                  Ms. Slazyk: -- would do that, yeah.

                  Commissioner Winton: -- proffer and covenant that?

                  Ms. Slazyk: Yeah.

                  Ms. Dougherty: Here's the other thing we can do. We have to get a special exception. The
                  special exception could run only in favor of this particular restaurant, and any new restaurant
                  would have to come back and reapply.

                  Chairman Sanchez: That is --

                  Ms. Slazyk: That could be done, too, yes.

                  Commissioner Winton: And --

                  Chairman Sanchez: That could be done, too.

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                  Commissioner Winton: -- so -- and a few other questions. Could we limit hours of operation?

                  Ms. Slazyk: Through the --

                  Commissioner Winton: By way of example, they said, well, this isn't a nightclub. This is a
                  restaurant, and we're going to close at 11. You know, well, what happens if they decide that it's
                  a hot, honky-tonk joint, and they want to stay open now till 3 a.m., which is a huge problem for
                  everybody, can we limit that?

                  Chairman Sanchez: A what?

                  Ms. Slazyk: Through the special --

                  Chairman Sanchez: What did you just say?

                  Ms. Slazyk: -- exception --

                  Commissioner Winton: That's an old New Mexico term, honky-tonk.

                  Ms. Slazyk: Through the special exception, you could.

                  Commissioner Winton: It's not an east coast term, you know.

                  Ms. Slazyk: Through the special exception, you can impose any reasonable conditions to
                  mitigate the impacts of the development, so you could put hours -- limit on hours of operation,
                  yes.

                  Commissioner Winton: Can we deny them using the school for off-site parking, period?

                  Ms. Slazyk: If it's excess, I don't think so because it's not required parking, so I'd --

                  Commissioner Winton: Unless they proffer?

                  Ms. Slazyk: They can proffer it, yes.

                  Ms. Dougherty: And we can also put that a condition of the special exception.

                  Commissioner Winton: OK, and finally, as it relates to precedent, and we always talk about it,
                  we're always concerned about it, and it's a very real issue, and developers are extremely good at
                  looking for every crack, and so precedent is very important here. Will -- what can we do to
                  prevent this from becoming the precedent along that part of Biscayne Boulevard? Because what
                  will happen is that the develop -- they're not going to come ask us first. They're going to buy the
                  frontage, C-1; they're going to buy the R-1 lots behind it, and then they're going to come and talk
                  about the fact, blah, blah, blah, blah, blah, blah, blah, so --

                  Ms. Slazyk: Unfortunately, there's nothing you can do to prevent someone else from applying
                  anywhere else in the City, if they meet all the criteria. What you could do is put specific findings
                  in this one that because the lot was used for parking in the past and they're not demolishing a
                  single-family home to do this -- I mean, you could put certain findings as to why you're making
                  the decision you're making, so that they can't say, well, you did exactly the same thing here,
                  because it's not exactly the same thing, but you can't prevent somebody else from applying in the
                  future.

                  Commissioner Winton: OK, but -- so, how do I put that on the record, what you just said?

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                  Ms. Slazyk: You can make the findings, and we'll put it in the legislation that, you know, you're
                  granting this based on findings that it meets the criteria, and that, in addition, it's the property
                  that has historically been used for parking, so there is no single-family residence being
                  demolished to do this, and that it will require a special exception.

                  Commissioner Winton: Can we approve this conditioned on --

                  Ms. Slazyk: No.

                  Commissioner Winton: -- all the things that I described?

                  Ms. Slazyk: No. This is a change of --

                  Unidentified Speaker: No.

                  Ms. Slazyk: -- zoning. You can't do conditions. The conditions would come -- but, remember, if
                  you give them this SD-12, they can't use it tomorrow. They can't park one car there till they
                  come back for a special exception.

                  Chairman Sanchez: All right.

                  Ms. Slazyk: That's the tool to put all of the conditions you want, but they can't use it until they
                  come back for their special exception.

                  Chairman Sanchez: But then, you can --

                  Ms. Slazyk: It means nothing.

                  Chairman Sanchez: -- apply those conditions.

                  Commissioner Winton: What if they sell it --

                  Ms. Slazyk: If they sell it --

                  Commissioner Winton: -- in the meantime?

                  Ms. Slazyk: -- the new buyer would have to come in for a special exception, too.

                  Chairman Sanchez: So you're protected.

                  Ms. Slazyk: They can't -- nobody can use it without coming back for a special exception.

                  Chairman Sanchez: They got to come back to us.

                  Ms. Slazyk: It can only be used as an R-1 single-family residential lot until they come back for a
                  special exception, and that's the tool -- that's where you can put all the conditions you need to
                  mitigate their impacts.

                  Commissioner Winton: So, if I get run over by a truck between now and that time, y'all are
                  going to make sure, if I --

                  Chairman Sanchez: If it's on the record --

                  Commissioner Winton: -- move this, y'all are going to --

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                  Chairman Sanchez: -- we'll make sure. Listen, if it's on the record, we'll make sure.

                  Commissioner Winton: And so, all those conditions could come when they come back for the
                  special exception.

                  Ms. Slazyk: Yeah. The special exception can tie them to a very specific set of plans, with the
                  curb cuts in the left direction to make sure traffic can't go right. The special exception can
                  contain conditions on hours of operation, and what I'm hearing is that they're also going to
                  proffer no Morningside Elementary school parking. They're going to proffer that this will run
                  only with this operation, and if it changes, the new owner would have to come back for another
                  special exception. All those things could be put in the special exception.

                  Commissioner Winton: And the continued exploration of either the arm and/or the parking
                  sticker -- residential parking thing also has to be a component part, and I guess -- what do we
                  have to do, meet with Off-Street Parking?

                  Ms. Slazyk: Yeah, I think so. I'm not sure if that's something that this -- that
                  (UNINTELLIGIBLE) yeah. (UNINTELLIGIBLE).

                  Unidentified Speaker: That's Off-Street Park --

                  Ms. Slazyk: What we could do, at the time of the special exception, we could explore which other
                  options to do in that respect and see if there's more of a consensus, but you wouldn't have to
                  decide that right now.

                  Commissioner Winton: And so, if we can't get everything we want at the time of when the special
                  exception comes, we can deny the special exception?

                  Ms. Slazyk: You can make the -- if you make the proper findings that there's no conditions that
                  will mitigate it to make it OK for the neighborhood, then you can deny it, if there's no condition
                  that'll work.

                  Chairman Sanchez: Sounds good to me.

                  Commissioner Winton: So moved.

                  Chairman Sanchez: OK, there's a motion with --

                  Commissioner Winton: With -- well, I guess I can't --

                  Ms. Slazyk: No condition.

                  Commissioner Winton: -- all of those conditions get put on --

                  Chairman Sanchez: No conditions, but under the understanding -- all right.

                  Commissioner Winton: Yes.

                  Chairman Sanchez: All right. There's a motion. Is there a second?

                  Vice Chairman González: Second.

                  Chairman Sanchez: Second is made by the Vice Chair. It is an ordinance. Mr. City Attorney,
                  read the ordinance into the record.

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                  The ordinance was read by title into the public record by the Assistant City Attorney.

                  Ms. Thompson: Roll call.

                  A roll call was taken, the result of which is stated above.

                  Ms. Thompson: The ordinance has been adopted on second reading, 4/0.

                  Ms. Dougherty: Thank you very much.

                  Vice Chairman González: All right.

PZ.13 04-01102a   ORDINANCE                                                                    Second Reading
                  AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
                  FUTURE LAND USE ELEMENT/MAP OF ORDINANCE NO. 10544, AS
                  AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY
                  AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE FUTURE
                  LAND USE ELEMENT/MAP TO INCORPORATE LANGUAGE REGARDING
                  THE DESIGNATION OF AN URBAN CENTRAL BUSINESS DISTRICT WITHIN
                  THE CITY OF MIAMI; SETTING FORTH THE BOUNDARIES OF THE URBAN
                  CENTRAL BUSINESS DISTRICT; ESTABLISHING A POLICY FOR SUCH
                  DESIGNATION; CONTAINING A REPEALER PROVISION AND
                  SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
                  04-01102a FR Legislation.pdf
                  04-01102a Analysis.pdf
                  04-01102a Map.pdf
                  04-01102a PAB Reso.pdf
                  04-01102a FR Fact Sheet.pdf
                  04-01102a SR Fact Sheet 09-22-05.pdf
                  04-01102a SR Fact Sheet 10-27-05.pdf

                  REQUEST: To Amend Ordinance No. 10544 Text

                  APPLICANT(S): Joe Arriola, City Manager

                  FINDINGS:
                  PLANNING DEPARTMENT: Recommended approval.
                  PLANNING ADVISORY BOARD: Recommended approval to City
                  Commission on May 4, 2005 by a vote of 5-0.

                  PURPOSE: This will amend the goals, objectives and policies of the Future
                  Land Use Element/Map by incorporating language regarding the designation
                  of an Urban Central Business District.
                  CONTINUED


                  A motion was made by Chairman Sanchez, seconded by Commissioner Winton, and was passed
                  unanimously, with Commissioner Regalado absent, to continue Item Number PZ.13 to the
                  Commission meeting currently scheduled for October 27, 2005.

                  Lourdes Slazyk (Assistant Director, Planning & Zoning): All right. PZ.12, I believe we were

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                  going to do after lunch, so PZ.13, the Department would like to ask for a continuance to the
                  October meeting.

                  Chairman Sanchez: So move.

                  Ms. Slazyk: Thank you. October PZ (planning & zoning) --

                  Vice Chairman González: We have a motion to continue PZ.13. Do we hear a second? Hello.

                  Commissioner Allen: I second.

                  Vice Chairman González: Need a second.

                  Commissioner Winton: Second, second.

                  Ms. Slazyk: Yeah, we're just waiting to --

                  Vice Chairman González: We have a second. All in --

                  Ms. Slazyk: -- get something in writing from DCA (Department of Community Affairs), so --

                  Vice Chairman González: All in favor, say “aye.”

                  Priscilla A. Thompson (City Clerk): I'm sorry, I didn't hear -- I'm sorry. The second.

                  Vice Chairman González: We had a motion to continue PZ.13, and we had a second. All in
                  favor, say “aye.”

                  The Commission (Collectively): Aye.

                  Ms. Thompson: Thank you.

                  Vice Chairman González: Motion carries.

PZ.14 05-00763    ORDINANCE                                                                   Second Reading
                  AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
                  ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                  CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 934,
                  "COMMUNITY RESIDENTIAL HOMES AND COMMUNITY BASED
                  RESIDENTIAL FACILITIES", IN ORDER TO AMEND SECTION 934 TO
                  ELIMINATE THE SPECIAL EXCEPTION REQUIREMENTS FOR CHANGES IN
                  OWNERSHIP FOR COMMUNITY RESIDENTIAL HOMES AND
                  COMMUNITY-BASED RESIDENTIAL FACILITIES; CONTAINING A
                  REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
                  FOR AN EFFECTIVE DATE.
                  05-00763 Legislation.pdf
                  05-00763 PAB Reso.pdf
                  05-00763 FR Fact Sheet.pdf
                  05-00763 SR Fact Sheet.pdf

                  REQUEST: To Amend Ordinance No. 11000 Text

                  APPLICANT(S): Joe Arriola, City Manager

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                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        PLANNING ADVISORY BOARD: Recommended approval to City
                        Commission on July 6, 2005 by a vote of 5-0.

                        PURPOSE: This will eliminate the Special Exception requirement for
                        changes in ownership for community residential homes and
                        community-based residential facilities.
                        Motion by Commissioner Allen, seconded by Chairman Sanchez, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Allen
                        Absent: 1 - Commissioner Regalado

                        12733

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.14 is a second reading ordinance
                        regarding section 934, the community residential homes in CBRFs (Community Based
                        Residential Facilities), to eliminate the special exception requirements for changes in ownership.
                        It's been recommended for approval. Passed on first reading on September 8.

                        Commissioner Allen: Right. I move the item, Mr. Chairman.

                        Vice Chairman González: All right.

                        Chairman Sanchez: Second.

                        Vice Chairman González: We have -- OK. We have a motion and we have a second. This is a
                        public hearing. Anyone in the public that wants to address the Commission in reference to this
                        item, please come forward.

                        Commissioner Winton: What item is this? What item are we on?

                        Jorge L. Fernández (City Attorney): PZ.14.

                        Vice Chairman González: PZ.14.

                        Ms. Slazyk: This is removing the special exception for changes of ownership in CBRFs.

                        Vice Chairman González: OK. Seeing none, hearing none, the public hearing is closed. This is
                        an ordinance, isn't it?

                        Mr. Fernández: Yes.

                        Vice Chairman González: Go ahead.

                        The Ordinance was read by title into the public record by the City Attorney.

                        Vice Chairman González: Roll call.

                        Priscilla A. Thompson (City Clerk): Roll call.

                        A roll call was taken, the result of which is stated above.

                        Ms. Thompson: The ordinance has been adopted on second reading, 4/0.
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                        Ms. Thompson: The ordinance has been adopted on second reading, 4/0.

PZ.15 05-00221a         ORDINANCE                                                                          First Reading
                        AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
                        ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                        CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 8, SECTION 803,
                        NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY
                        DISTRICT; IN ORDER TO MODIFY SECTION 803.6 AND RELATED
                        SUBSECTIONS TO ADD AN INTENT STATEMENT FOR THE UNDERLYING
                        C-1, SD-2 AND SD-13 DISTRICTS AND TO ADD PROVISIONS AND
                        LIMITATIONS ESTABLISHING A MAXIMUM RETAIL SQUARE-FOOTAGE IN
                        C-1 DISTRICTS WITHIN NCD-3; ALLOWING LARGE SCALE RETAILING AS
                        DEFINED HEREIN BY SPECIAL EXCEPTION ONLY; ESTABLISHING
                        APPLICABLE REGULATIONS AND CRITERIA FOR SAID USE, INCLUDING
                        CERTAIN SITE REQUIREMENTS, PARKING AND LOADING
                        REQUIREMENTS AND BUFFER REQUIREMENTS; AND PROVIDING A
                        DEFINITION OF "LARGE SCALE RETAILING"; CONTAINING A REPEALER
                        PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN
                        IMMEDIATE EFFECTIVE DATE.
                         05-00221a Legislation.pdf
                         05-00221a Map.pdf
                         05-00221a PAB Reso.pdf
                         05-00221a FR Fact Sheet.pdf

                        REQUEST: To Amend Ordinance No. 11000 Text

                        APPLICANT(S): Joe Arriola, City Manager

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        PLANNING ADVISORY BOARD: Recommended approval to City
                        Commission on July 6, 2005 by a vote of 5-0.

                        PURPOSE: This will modify sub-sections in the NCD-3 Coconut Grove
                        Neighborhood Conservation Overlay District.
                        Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be
                        PASSED ON FIRST READING PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen
                        Absent: 1 - Commissioner González

                        Tucker Gibbs: Mr. Chairman.

                        Chairman Sanchez: Yes.

                        Mr. Gibbs: Can I interrupt for one second? We have an item on here that it's a very brief item.
                        It's PZ.15, that I think is just almost perfunctory. It's a first reading item, and there are people
                        here, and I think this could take a grand total of maybe three, four minutes, and then --

                        Chairman Sanchez: Tucker, three minutes with you?

                        Mr. Gibbs: Hey, I've done it before.
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                  Chairman Sanchez: Three minutes.

                  Mr. Gibbs: I've done it before.

                  Commissioner Winton: OK.

                  Mr. Gibbs: I promise. I'll be --

                  Commissioner Winton: And we'll --

                  Mr. Gibbs: -- three minutes.

                  Commissioner Winton: -- hold him to three and a half minutes.

                  Chairman Sanchez: Tucker, go ahead.

                  Mr. Gibbs: I'm going to let Lourdes do all the speaking because --

                  Chairman Sanchez: Go ahead. Come on.

                  Mr. Gibbs: -- it's a City application.

                  Chairman Sanchez: All right.

                  Mr. Gibbs: Thank you. I do appreciate it.

                  Chairman Sanchez: You know, I'm too nice.

                  Commissioner Allen: That's why you're --

                  Mr. Gibbs: But you --

                  Commissioner Allen: -- the Chairman.

                  Chairman Sanchez: I'm too nice.

                  Mr. Gibbs: Hey, but that's why you're the Chair.

                  Commissioner Allen: That's why you're the Chair.

                  Mr. Gibbs: That's right.

                  Chairman Sanchez: I'm too nice. Come on. All right.

                  Commissioner Winton: Which item is this?

                  Chairman Sanchez: We do want --

                  Commissioner Regalado: 15.

                  Chairman Sanchez: -- the residents not -- you know, we want to make sure they get home and do
                  what they got to do --

                  Commissioner Regalado: Conservation, Coconut Grove --

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                  Commissioner Winton: Oh, OK.

                  Commissioner Regalado: 15.

                  Chairman Sanchez: -- or do what they love to do.

                  Commissioner Regalado: PZ.15.

                  Chairman Sanchez: All right. Go ahead.

                  Lourdes Slazyk (Assistant Director, Planning & Zoning): OK.

                  Chairman Sanchez: We'll get --

                  Ms. Slazyk: PZ (planning and zoning) --

                  Chairman Sanchez: Which one is that one, PZ.15?

                  Ms. Slazyk: Yes. PZ.15 is an amendment to the NCD-3, in order to modify the provisions for
                  retail establishments to require special exception permits for large-scale retailing, which is
                  defined here, and to establish criteria, and it's also to put an overall cap on the size of a
                  large-scale retail facility. It's been recommended for approval to the City Commission from the
                  Planning Advisory Board, and approval from the Planning Department, and what this ordinance
                  does is it keeps the 20,000 square foot limit for the -- that SD-2 and SD-13 districts, and
                  establishes a 70,000 square foot cap for the C-1 districts with the NCD-3 overlay, and again, in
                  order to exceed the 20,000 square feet within the C-1, they need a special exception, and all of
                  the buffering and setback criteria is in the ordinance.

                  Chairman Sanchez: All right.

                  Ben Fernandez: Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne
                  Boulevard. I'm here on behalf of Home Depot. Very briefly, we don't have a problem with this
                  ordinance. We would simply ask you to exempt previously approved Class II Special Permits
                  from the effect of this ordinance, and the reason for that is -- well, there're various reasons. One
                  is we don't want this property to immediately become nonconforming, the new Home Depot
                  store, as a result of this ordinance. More importantly, if this ordinance is adopted, what it does
                  is limit the time frame within which an applicant can obtain a building permit from your typical
                  one-year period, which all Class II permits have. You have one year from the time they're
                  approved to get a building permit. This would require that Home Depot obtain a building permit
                  within 180 days from the effective date of the ordinance, unless it's appealed. We don't know
                  that it's going to be appealed. We think that that's an unreasonable time frame to require that a
                  large project like this obtain a building permit within 180 days. We would ask you to simply
                  exempt previously approved Class II permits from the effective provision -- you know, in the
                  effect provision of this ordinance, so that we would have the typical one-year period of time to
                  obtain a building permit.

                  Commissioner Allen: Mr. Chairman, isn't that going to require some thought? That's -- I mean -
                  -

                  Chairman Sanchez: Well, we --

                  Commissioner Allen: -- let me hear --

                  Ms. Slazyk: Well, what the Code does -- says is if the laws change and you have an approved

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                  permit --

                  Commissioner Allen: Right.

                  Ms. Slazyk: -- an approved special permit, but you didn't have a building permit yet, Ben's
                  correct, you have six months to get a building permit, but that law has been in place for years, so
                  when a law changes, they just have to get a building permit. Doesn't mean they have to get all
                  their permits. I mean, they can separate their permits into phases of construction, and as long as
                  they get one within the six months, the rest of the project will then be grandfathered, so I -- you
                  know, I'm not sure -- and I also think that in order to do that, to exempt previously approved
                  projects from this, that would require an amendment to this ordinance, which --

                  Commissioner Allen: Exactly.

                  Ms. Slazyk: -- is -- you know, I'll let the Law Department give an opinion -- but may be
                  substantive, and I don't want to derail this ordinance for something like that.

                  Commissioner Winton: Nor do I.

                  Mr. Fernandez: That's -- the point --

                  Commissioner Winton: OK.

                  Mr. Fernandez: -- is well taken.

                  Chairman Sanchez: Whoa, whoa, whoa, whoa. All right.

                  Mr. Fernandez: We don't believe that it's substantive. We would waive that argument for the
                  record that it's substantive. We simply want to ensure that this project would have the benefit -- I
                  mean, from the very beginning, it was acknowledged that this ordinance was not intended to
                  affect Home Depot specifically, and what it's doing now is exactly that.

                  Ms. Slazyk: No, the six-month provision --

                  Commissioner Allen: OK, but --

                  Ms. Slazyk: -- has been there all along. This wasn't -- that is not a provision that was put into
                  this ordinance to -- for Home Depot.

                  Mr. Fernandez: I beg to differ. The six-month provision only comes into effect because of the
                  fact that this ordinance is being adopted. Otherwise, we would have one year to obtain a
                  building permit. It's coming into effect because it's rendering the project a nonconforming
                  project, and then we fall under 2105.

                  Commissioner Winton: Let me tell you what my thought is.

                  Chairman Sanchez: Commissioner Winton, you're recognized.

                  Commissioner Winton: We've had the big battle over Home Depot, and I'm not going to have the
                  battle again, and I don't think that -- I'm listening to Lourdes. I think Lourdes is correct. I also -
                  - on the flipside, I don't want to start this process of a new law of unintended consequences
                  relative to a whole bunch of other stuff that could be out there, so I don't want to have to deal
                  with that. I want to get the ordinance passed, and Home Depot's just going to have to speed up
                  the process. They got to go get a permit, get a permit, and then they're locked in, and that solves
                  the problem. They don't have to start this whole damn debate about whether it is or isn't, and

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                  everything else again. I'm done with that debate, so --

                  Ms. Slazyk: And also, the six months don't start ticking until one of two things happen: One is at
                  the time the ordinance is amended, if their Class II is already issued, then the six months will
                  start ticking then, but if they get appealed, that six months doesn't even start ticking until the
                  appeal is completely resolved --

                  Commissioner Allen: I see --

                  Commissioner Winton: OK.

                  Commissioner Allen: -- so it's --

                  Ms. Slazyk: -- so if they're appealed --

                  Commissioner Allen: -- in abeyance.

                  Commissioner Winton: So he got plenty of --

                  Ms. Slazyk: -- and the appeal goes through Zoning Board and through City Commission, and
                  maybe on -- even into court, their six months don't even start ticking until they're done.

                  Mr. Fernandez: I guess --

                  Chairman Sanchez: All right.

                  Mr. Fernandez: -- we look forward to Tucker's appeal then.

                  Commissioner Winton: Could --

                  Commissioner Allen: I see what you're saying.

                  Commissioner Winton: -- Lourdes --

                  Chairman Sanchez: Tucker, why did I -- I knew it wasn't going to be three minutes, Tucker --

                  Mr. Gibbs: It was four.

                  Chairman Sanchez: -- but it wasn't your fault.

                  Mr. Gibbs: It was four, and I didn't open my mouth.

                  Chairman Sanchez: All right, all right, all right.

                  Commissioner Winton: This is going to be very short. I just --

                  Chairman Sanchez: Yeah.

                  Commissioner Winton: -- have one more quick question, and I'd ask that question of Tucker.
                  Would you tell me the genesis of this new ordinance?

                  Mr. Gibbs: It came from the City Commission.

                  Chairman Sanchez: Name and address for the record.



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                  Mr. Gibbs: Oh, my name is Tucker Gibbs, law offices at 215 Grand Avenue. What happened
                  was is when the Home Depot issue started, we made a presentation saying there was a problem -
                  -

                  Commissioner Winton: Who's “we”?

                  Mr. Gibbs: “We” being the citizens of Coconut Grove, the One Grove Alliance, all those --

                  Commissioner Winton: OK, thank you.

                  Mr. Gibbs: -- people who I represent --

                  Commissioner Winton: Right.

                  Mr. Gibbs: -- and we presented this to the City Commission, and the City Commission said, well,
                  Home Depot already has its application in, because Home Depot --

                  Commissioner Winton: I don't need -- I just want to know the genesis.

                  Mr. Gibbs: Yeah, and then --

                  Commissioner Winton: I got it --

                  Mr. Gibbs: -- that's --

                  Commissioner Winton: -- and so, this came from the One Grove Alliance, or whatever --

                  Mr. Gibbs: And the citizens.

                  Commissioner Winton: -- and so the City Commission adopted it. I just --

                  Mr. Gibbs: That's right, with your support.

                  Commissioner Winton: -- and I haven't had a chance, but I want to put this on the record. The
                  One Grove Alliance, by the way, is led by a certain activist named Marc Sarnoff. Now, this is
                  after we made the decision at the Commission to vote to bring this ordinance forward that they
                  asked us to bring forward. Never have had a chance to put this on the record.

                  Mr. Gibbs: You're not directing this at me, are you?

                  Commissioner Winton: This is an article, I believe, that was in the Miami Herald. Activist Marc
                  Sarnoff of Grove First expressed disappointment over the Commission's decision and dismissed
                  Winton's receptivity as little more than showmanship, but he said that he was glad that future
                  retailers would face size restrictions. This is also the law of unintended consequences, as Mr.
                  Winton likes to say. With an ordinance, Lowes, the other guy, will never be able to come in to
                  challenge them, so we're glad -- we're so glad to be giving Home Depot a monopoly in the
                  Grove, Sarnoff said wryly. I wish he could make up his damned mind what he wants. With that,
                  I would move the ordinance.

                  Commissioner Allen: I second.

                  Chairman Sanchez: All right.

                  Commissioner Allen: Second.



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                  Chairman Sanchez: OK. All right. There's a motion and a second on the ordinance. It is a
                  public hearing. Anyone from the public wishing to address this item, please step forward and be
                  recognized. Seeing none, hearing none, the public hearing is closed, coming back to the
                  Commission for further discussion. Hearing no further discussion, Mr. City Attorney, read the
                  ordinance into the record on first reading, followed by a roll call.

                  Rafael Suarez-Rivas (Assistant City Attorney): Very well.

                  The Ordinance was read by title into the public record by the Assistant City Attorney.

                  Chairman Sanchez: Roll call.

                  Priscilla A. Thompson (City Clerk): Roll call.

                  A roll call was taken, the result of which is stated above.

                  Ms. Thompson: The ordinance has been passed on first reading, 4/0.

                  Mr. Gibbs: Mr. San -- Mr. Chairman, may I make one comment? I want to thank Commissioner
                  Winton and the Commission for voting on this, and there are a lot of people in Coconut Grove
                  who do appreciate the fact that you all have passed this ordinance. Thank you.

                  Commissioner Winton: Thank you.

                  Chairman Sanchez: You're quite welcome.

                  Mr. Fernandez: Thank you for your time.

PZ.16 04-00673a   ORDINANCE                                                                       First Reading
                  AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
                  ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                  CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL
                  DISTRICTS, IN ORDER TO AMEND SECTION 609, SD-9 BISCAYNE
                  BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT
                  REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO HEIGHT,
                  MORE PARTICULARLY TO CLARIFY MAXIMUM HEIGHT LIMITATIONS;
                  CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
                  AND PROVIDING FOR AN EFFECTIVE DATE.
                  04-00673a Legislation.pdf
                  04-00673a Map.pdf
                  04-00673a PAB Reso.pdf
                  04-00673a FR Fact Sheet.pdf
                  04-00673a SR Fact Sheet.pdf

                  REQUEST: To Amend Ordinance No. 11000 Text

                  APPLICANT(S): Joe Arriola, City Manager

                  FINDINGS:
                  PLANNING AND ZONING DEPARTMENT: Recommended approval.
                  PLANNING ADVISORY BOARD: Recommended approval to City
                  Commission on July 6, 2005 by a vote of 5-0.

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                        PURPOSE: This will clarify maximum height limitations in the SD-9
                        Biscayne Boulevard North Overlay District.
                        Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be
                        PASSED ON FIRST READING PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Allen
                        Absent: 1 - Commissioner Regalado

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. I think 15 we were going to do
                        this afternoon, so 16 is -- this is an amendment in order to --

                        Lucia Dougherty: What time this afternoon? Will it be 3 o'clock? Do you have something at 3?

                        Commissioner Winton: You have something at 2:30.

                        Chairman Sanchez: We could do it at 3. We're going to come back at 2:30. We still -- to have
                        the impact fee, and we still have a couple of PZ (planning & zoning) items. We should be getting
                        to it about 3, 3:15, 3:30.

                        Commissioner Winton: So --

                        Commissioner Allen: OK.

                        Commissioner Winton: -- we'll try to do it by three-ish.

                        Ms. Dougherty: Three, very good.

                        Commissioner Allen: So move.

                        Ms. Slazyk: PZ.16 is an amendment to the height ordinance for the SD-9 district in order to
                        specify that the 85 and 95 foot allowable heights are the maximum heights, and that things like
                        mechanical rooms and roof stair towers will not be considered additional permissible height, so
                        the 85 and 95 would be a maximum. This has been recommended for approval by the Planning
                        Advisory Board.

                        Commissioner Winton: And this is Biscayne Boulevard.

                        Ms. Slazyk: Yes, this is SD-9 Biscayne Boulevard.

                        Commissioner Allen: SD-9, right.

                        Commissioner Winton: So move.

                        Commissioner Allen: Second.

                        Vice Chairman González: OK. We have a motion and we have a second. This is a public
                        hearing. Anyone from the public that wants to address the Commission? Seeing none, hearing
                        none, the public hearing is closed.

                        Chairman Sanchez: Ma'am, are you -- you have a question?

                        Vice Chairman González: Yes, ma'am.

                        Unidentified Speaker: I didn't hear the height.


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                  Ms. Slazyk: The same -- we didn't change the 85 or 95. We're just specifying that those are the
                  max that can't be exceeded.

                  Unidentified Speaker: OK. All right. Thank you.

                  Vice Chairman González: All right? OK. Is this an ordinance or --

                  Ms. Slazyk: It's an ordinance, yeah.

                  Chairman Sanchez: Yeah, it's an ordinance, first reading.

                  Vice Chairman González: OK. Mr. City Attorney.

                  Jorge L. Fernández (City Attorney): Yes. PZ.16. An ordinance of the Miami City Commission
                  amending ordinance number 11000, as amended, the Zoning Ordinance of the City of Miami, by
                  amending Article 8, Section 803, NCD-3, Coconut Grove Neighborhood Conserva --

                  Commissioner Allen: That's the --

                  Mr. Fernández: Well, OK --

                  Commissioner Allen: -- wrong one.

                  Mr. Fernández: -- that one, 15.

                  Chairman Sanchez: Yeah, that's -- there's a confusion between 16 and 15.

                  Ms. Slazyk: Yeah.

                  Mr. Fernández: There was --

                  Ms. Slazyk: The agenda doesn't match the --

                  Vice Chairman González: 16.

                  Mr. Fernández: -- that --

                  Ms. Slazyk: Yeah.

                  Mr. Fernández: -- twist and turn that we -- we got it.

                  Chairman Sanchez: It was inverted; 16 was 15 and 15 was 16.

                  Ms. Slazyk: Right.

                  Mr. Fernández: I -- how well I remember. I'm sorry.

                  The Ordinance was read by title into the public record by the City Attorney.

                  Vice Chairman González: All right. Roll call, please.

                  Priscilla A. Thompson (City Clerk): Roll call. Chairman Sanchez?

                  Chairman Sanchez: Yes.



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                  Ms. Thompson: Commissioner Allen?

                  Commissioner Allen: Aye.

                  Ms. Thompson: Commissioner Winton?

                  Commissioner Winton: What item is this?

                  Ms. Thompson: PZ --

                  Vice Chairman González: 15.

                  Ms. Thompson: -- 16.

                  Commissioner Winton: 16, OK. Hold on.

                  Commissioner Allen: No. Actually, it's --

                  Ms. Slazyk: This is the --

                  Vice Chairman González: No, no.

                  Ms. Slazyk: -- boulevard height.

                  Mr. Fernández: And in your book it's 15.

                  Commissioner Allen: -- characterized as PZ.15 in our books.

                  Vice Chairman González: Fifteen, 1, 5.

                  Commissioner Winton: So --

                  Ms. Thompson: No.

                  Ms. Slazyk: They were reversed in the book. The agenda --

                  Commissioner Allen: Well, yeah.

                  Ms. Slazyk: -- is correct.

                  Ms. Thompson: OK. What --

                  Commissioner Winton: So, wait a minute. This is PZ --

                  Commissioner Allen: 15, according to your book.

                  Ms. Slazyk: In the book, it's 15; on the agenda, it's 16, but it's the --

                  Commissioner Winton: Oh, this is the 85, 90 -- we're still on the --

                  Ms. Slazyk: Yes.

                  Commissioner Winton: -- 85, 95 thing?

                  Ms. Slazyk: Yes.

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                  Commissioner Winton: OK, I'm clear. Sorry. Yes.

                  Ms. Thompson: I want to be clear for the record, please. According to the agenda that was
                  published --

                  Ms. Slazyk: 16.

                  Ms. Thompson: -- and printed, this is PZ.16 in the agenda.

                  Chairman Sanchez: Yes, ma'am.

                  Ms. Slazyk: Correct.

                  Ms. Thompson: Thank you.

                  Commissioner Winton: Wow.

                  Vice Chairman González: All right.

                  Ms. Thompson: Commissioner Winton?

                  Commissioner Winton: The answer is still yes. I still don't know which one it is, but I say "yes."
                  I know what the issue is, so I'm saying “yes” to the issue. I don't know what the item is.

                  Ms. Thompson: Vice Chairman González?

                  Vice Chairman González: Yes, ma'am.

                  Ms. Thompson: The ordinance has been passed on first reading, 4/0.

                  Vice Chairman González: All right.

PZ.17 05-00625    ORDINANCE                                                                    Second Reading
                  AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
                  ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF
                  ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                  CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
                  DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
                  FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY
                  RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT, FOR THE
                  PROPERTY LOCATED AT APPROXIMATELY 2951 SOUTHWEST 38TH
                  COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT
                  A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY
                  CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
                  05-00625 Legislation.pdf
                  05-00625 Exhibit A.pdf
                  05-00625 Analysis.pdf
                  05-00625 Zoning Map.pdf
                  05-00625 Aerial Map.pdf
                  05-00625 ZB Reso.pdf
                  05-00625 Application & Supporting Docs.pdf
                  05-00625 FR Fact Sheet.pdf
                  05-00625 SR Fact Sheet.pdf
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                        REQUEST: To Amend Ordinance No. 11000, from R-2 Two-Family
                        Residential to R-2 Two-Family Residential with an SD-12 Buffer Overlay
                        District to Change the Zoning Atlas

                        LOCATION: Approximately 2951 SW 38th Court

                        APPLICANT(S): Premier Luxury Investments, LLC

                        APPLICANT(S) AGENT: Maria A. Gralia, Esquire

                        FINDINGS:
                        PLANNING DEPARTMENT: Recommended approval.
                        ZONING BOARD: Recommended denial to City Commission on May 23,
                        2005 by a vote of 5-3. See companion File ID 05-00625a.

                        PURPOSE: This will change the above property to R-2 Two-Family Residential
                        with an SD-12 Buffer Overlay District for the proposed Byblos Condos Major
                        Use Special Permit project.


                        Motion by Commissioner Winton, seconded by Chairman Sanchez, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Sanchez and Allen
                        Absent: 1 - Commissioner Regalado

                        12734

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.17 and 18 are companion items.
                        PZ.17 is a change of zoning in order to add an SD-12 overlay to an R-2 district. This is adjacent
                        to the property or part of the project, the Byblos condos project. This is on Bird Road and 38th
                        Court. The change of zoning has been recommended for denial by the Zoning Board. The City
                        Commission did pass it on first reading on July 28th, and it's recommended for approval by the
                        Planning Department, and then I'll wait for the MUSP (Major Use Special Permit). The MUSP
                        is number 18.

                        Vice Chairman González: All right.

                        Commissioner Winton: So -- OK, I'm sorry. My memory needs refreshed. I -- because I'm
                        writing -- even though we passed this last time, I just wrote in the margin here "no," because --

                        Ms. Slazyk: I think there was -- yeah.

                        Commissioner Winton: I'm trying to understand the connectivity between this project and the
                        R-2 behind it.

                        Ms. Slazyk: Right, and that's why the companion item, you'll get the whole project, but this is to
                        include more surface parking for the project that's going to be fronting on Bird. There was some
                        questions about whether this change of zoning was going to allow a tower on this in the middle
                        of the R-2. The answer is no. The R-2 district still stays intact. It still has a 25-foot height limit.
                        All the SD-12 does here is allow them to use it for additional surface parking for the property
                        fronting Bird.


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                  Commissioner Winton: And they can't --

                  Ms. Slazyk: All the access has to be from the commercial property. They cannot access the
                  parking from the residential street.

                  Commissioner Winton: And can they build something on it 15 years from now?

                  Ms. Slazyk: They'd have to change the zoning and come back here. They can't do it --

                  Commissioner Winton: OK, OK.

                  Ms. Slazyk: -- by right.

                  Commissioner Winton: OK, so I'm clear.

                  Vice Chairman González: OK, ma'am.

                  Maria Gralia: Maria Gralia, with offices at 201 South Biscayne Boulevard. I represent Premier
                  Luxury Investments, the owner and developer of this site. With me today is Mr. Raymond Mitri,
                  and as you heard from staff, this is just an SD-12 overlay on an R-2. We are not -- we cannot
                  build anything on this site except surface parking. The surface parking on this site will be
                  serving the mixed-use project, but only the retail portion of this mixed-use project. This project
                  consists of residential, office, and retail on the bottom portion. It has three floors of
                  underground parking, and the surface parking will only provide parking for the retail portion,
                  not for the residential or the commercial. We're only asking for a very small area there to be
                  rezoned to SD-12. The entrance to this area will only be through our project. Even though this
                  project is separated by an alley, the way that people will be able to come into that surface
                  project to come to our site will be through the building itself, cross the alley, and the way it exits
                  the parking lot will, again, they will have to exit to the left, back into our area. We will not have
                  -- we will try our very best not to provide access through the alley to our area. This is a public
                  alley; anybody can use it, but we will do everything to make sure that anybody that enters this
                  surface parking to come to our retail will enter it through our actual area.

                  Commissioner Allen: How do you propose to --

                  Vice Chairman González: All right. For --

                  Commissioner Allen: I'm just curious. How do you --

                  Vice Chairman González: You have a question?

                  Commissioner Allen: Yeah. You just made a statement. How do you propose to stop them from
                  using the public alley? I'm just curious.

                  Ms. Gralia: Yeah.

                  Commissioner Allen: You just said -- made a blanket statement.

                  Ms. Gralia: We will post -- if you notice, we will have postings to come in here to access this
                  parking lot. Again, this is an open alley area, and we will put signs -- when you enter the
                  parking lot, you're going to be asked to enter through here, directed to enter through here,
                  through postings and signs, and to enter this way and you're going to exit out this way, and you
                  can only make a right-hand turn. We will have a sign that says exit by making a right-hand turn,
                  so we will try to direct the traffic that way. Again, it's very difficult because it is an open alley.



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                  Commissioner Allen: Right.

                  Ms. Gralia: Again, this is just -- this parking right here is excess parking that will only serve the
                  retail portion of this project. The residential parking and the commercial will completely -- will
                  be parked underground, so the access to this parking lot will probably be very limited. Again,
                  we we've provided excessive bordering and buffering around the surface parking to actually
                  buffer it from the residential. It's pretty far away, the residential, from the actual building site,
                  so the surface parking, in itself, creates the buffering for the residential lot.

                  Vice Chairman González: Yes, Commissioner Winton.

                  Commissioner Winton: Where is the retail?

                  Ms. Gralia: The retail is on the first floor.

                  Ms. Slazyk: That parking is underground.

                  Commissioner Winton: Well, I'm looking at the rendering over here and I see two sides of the
                  building, both of which look like just long, blank walls.

                  Ms. Gralia: The retail portion will be on the ground floor here.

                  Ms. Slazyk: It's glass.

                  Commissioner Winton: Oh, those are storefronts there?

                  Ms. Gralia: Yes --

                  Chairman Sanchez: Yeah.

                  Ms. Gralia: -- this is storefront.

                  Commissioner Winton: Oh, I can't see them from --

                  Ms. Slazyk: It's not blank; that's glass, yeah.

                  Commissioner Winton: Yeah, good, good.

                  Ms. Slazyk: It's the rendering.

                  Commissioner Winton: Oh, OK.

                  Chairman Sanchez: It's right here.

                  Ms. Gralia: Here it is. Those are storefronts.

                  Ms. Thompson: I'm sorry. I need you to actually hold the mike up because you're not coming up
                  on my --

                  Ms. Gralia: OK. Can -- is this better?

                  Ms. Thompson: Yes.

                  Ms. Gralia: OK. These are storefronts right over here along Bird Road. There is no parking.
                  All the parking is underground for the building itself, the commercial portion and the residential.

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                  For the retail, which is very limited, will be provided here, which is --

                  Commissioner Winton: Is the public hearing closed?

                  Chairman Sanchez: The public hearing closed?

                  Vice Chairman González: All right. No. All right. Does that conclude your presentation,
                  ma'am?

                  Ms. Gralia: Yes, it does.

                  Vice Chairman González: All right. This is a public hearing. Anyone from the public that wish
                  to address the Commission in reference to this project? Seeing none, hearing none, the public
                  hearing is closed. It comes back to the Commission. Commissioner Winton.

                  Commissioner Winton: Move -- did you put your comments on the record, Lourdes?

                  Ms. Slazyk: Yes. For 17, which is the zoning change. On 18, there's one condition on the
                  MUSP and I'll put that --

                  Commissioner Winton: OK.

                  Ms. Slazyk: -- in next.

                  Commissioner Winton: Move 17.

                  Chairman Sanchez: Second.

                  Vice Chairman González: OK. We have a motion and we have a second. This is an ordinance.
                  Mr. City Attorney.

                  The Ordinance was read by title into the public record by the Assistant City Attorney.

                  Vice Chairman González: Roll call.

                  Ms. Thompson: Roll call.

                  A roll call was taken, the result of which is stated above.

                  Ms. Thompson: The ordinance has been passed on second -- I'm sorry, adopted on second
                  reading, 4/0.

PZ.18 05-00625a   RESOLUTION
                  A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
                  APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
                  PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO.
                  11000, AS AMENDED, FOR THE BYBLOS CONDOS PROJECT, TO BE
                  LOCATED AT APPROXIMATELY 3841, 3845 AND 3851 BIRD ROAD; 2951,
                  2957 AND 2981-83 SOUTHWEST 38TH COURT, MIAMI, FLORIDA, TO
                  CONSTRUCT AN APPROXIMATE 128-FOOT, 13-STORY HIGH MIXED-USE
                  STRUCTURE TO BE COMPRISED OF APPROXIMATELY 38 TOTAL
                  TWO-STORY MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL
                  AMENITIES; APPROXIMATELY 17,112 SQUARE FEET OF OFFICE SPACE;
                  APPROXIMATELY 13,984 SQUARE FEET OF RETAIL SPACE; AND

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City Commission                   Meeting Minutes               September 22, 2005

                  APPROXIMATELY 215 TOTAL PARKING SPACES; PROVIDING FOR
                  CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING
                  TRANSMITTAL; 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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                  05-00625a Outside Cover.PDF
                  05-00625a Inside Cover.PDF
                  05-00625a Table of Contents.PDF
                  05-00625a Article I - Project Information.PDF
                  05-00625a Introduction.PDF
                  05-00625a City of Miami Application for Major Use Special Permit.PDF
                  05-00625a City of Miami Application for Variance.pdf
                  05-00625a City of Miami Application for Zone Change.pdf
                  05-00625a City of Miami Application for Special Exception.PDF
                  05-00625a Legal Description.PDF
                  05-00625a Class I & Class II Special Permit Requests.PDF
                  05-00625a Owner List.PDF
                  05-00625a Disclosure of Ownership.PDF
                  05-00625a Ownership Affidavit.PDF
                  05-00625a Dade County Tax Printout - Property Deed.PDF
                  05-00625a Ownership List.PDF
                  05-00625a State of Florida Corporate Docs.PDF
                  05-00625a City of Miami Zoning Atlas.PDF
                  05-00625a City of Miami Future Land Use Map.PDF
                  05-00625a Aerial Location Maps.PDF
                  05-00625a Project Principals.PDF
                  05-00625a Project Data Sheet.PDF
                  05-00625a Article II - Project Description.PDF
                  05-00625a Article III - Supporting Documents.PDF
                  05-00625a Survey of Property.PDF
                  05-00625a Site Plan.PDF
                  05-00625a Sufficiency Letter - Traffic Impact Analysis.PDF
                  05-00625a Site Utility Study.PDF
                  05-00625a Economic Impact Study.PDF
                  05-00625a Minority Construction Employment Plan.PDF
                  05-00625a Architecture & Landscape Drawings.PDF
                  05-00625a Legislation.pdf
                  05-00625a Exhibit A.pdf
                  05-00625a Exhibit B.pdf
                  05-00625a MUSP Analysis.pdf
                  05-00625a Zoning Map.pdf
                  05-00625a Aerial Map.pdf
                  05-00625a Pre-Application Design Comments.pdf
                  05-00625a Miami-Dade Aviation Comments.pdf
                  05-00625a Special Exception Fact Sheet.pdf
                  05-00625a Variance Analysis.pdf
                  05-00625a Special Exception Reso.pdf
                  05-00625a Variance Fact Sheet.pdf
                  05-00625a Variance Analysis.pdf
                  05-00625a Variance Reso.pdf
                  05-00625a School Impact Analysis.pdf
                  05-00625a MUSP Reso.pdf
                  05-00625a MUSP Fact Sheet.pdf

                  REQUEST: Major Use Special Permit for the Byblos Condos Project

                  LOCATION: Approximately 3841, 3845 and 3851 Bird Road; 2951, 2957 and

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                        2981-83 SW 38th Court

                        APPLICANT(S): Premier Luxury Investments, LLC

                        APPLICANT(S) AGENT: Maria A. Gralia, Esquire

                        FINDINGS:
                        PLANNING AND ZONING DEPARTMENT: Recommended approval with
                        conditions*.
                        PLANNING ADVISORY BOARD: Recommended approval with conditions*
                        to City Commission on June 29, 2005 by a vote of 7-0.
                        ZONING BOARD: Recommended denial of Special Exceptions to City
                        Commission on May 23, 2005 by a vote of 7-1. Also recommended denial of
                        Variances to City Commission on May 23, 2005 by a vote of 4-4. See
                        companion File ID 05-00625.
                        *See supporting documentation.

                        PURPOSE: This will allow the development of the Byblos Condos project.
                        Motion by Commissioner Winton, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 3 - Commissioner Winton, Sanchez and Allen
                        Absent: 2 - Commissioner González and Regalado

                        R-05-0581

                        Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. PZ.18 is the MUSP (Major Use
                        Special Permit). It's been also recommended for approval. There was one condition related to
                        design, and that had to do with coming up with a design treatment for the stair tower on the
                        north side. It was a large, blank wall, and we'd like them to keep working on something for that
                        and bring it back to us. Other than that, we recommend approval.

                        Commissioner Winton: Yes, Amen, and I like that approach, but --

                        Chairman Sanchez: All right. Applicant, are you in agreement with the condition?

                        Maria Gralia: Yes, absolutely. I believe that it has been taken care of already.

                        Ms. Slazyk: OK, then we can take a look at that.

                        Ms. Gralia: Mr. -- our architect, Reynaldo Borges is out of town today. He would have
                        explained it, but it has been taken care of.

                        Ms. Slazyk: OK. As long as it's submitted --

                        Ms. Gralia: Yes.

                        Ms. Slazyk: -- we can comply, yeah.

                        Commissioner Winton: Move with condition.

                        Chairman Sanchez: All right. There is a motion to approve with condition by Commissioner
                        Winton.

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                  Commissioner Allen: Second.

                  Chairman Sanchez: Second by Commissioner Allen. Before we discuss the item, it's a public
                  hearing. Anyone from the public wishing to address this item, please step forward and be
                  recognized. Seeing none, hearing none, the public hearing is closed, coming back to the
                  Commission for further discussion. Hearing no discussion on the item, it's a resolution. All in
                  favor, say “aye.”

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries,
                  3/0, and what we'll do at this time is -- we could probably get --

                  Commissioner Winton: I got to go.

                  Chairman Sanchez: All right. What we'll do is the Commission meeting stands in recess. We
                  will be back at 2:30. Thank you. Enjoy your lunch.

PZ.19 05-00769    ORDINANCE                                                                       First Reading
                  AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
                  ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF
                  ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
                  CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
                  DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION
                  FROM "C-1" RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY
                  SPECIAL OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL WITH
                  AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT AND AN "SD-19"
                  DESIGNATED F.A.R. OVERLAY DISTRICT, INCREASING THE F.A.R. TO 2.9,
                  FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3622
                  SOUTHWEST 22ND STREET AND 3605-3625 SOUTHWEST 22ND
                  TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN
                  "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A
                  SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
                  05-00769 Legislation.pdf
                  05-00769 Exhibit A.pdf
                  05-00769 Analysis.pdf
                  05-00769 Zoning Map.pdf
                  05-00769 Aerial Map.pdf
                  05-00769 ZB Reso.pdf
                  05-00769 Application & Supporting Docs.pdf
                  05-00769 FR Fact Sheet 09-22-05.pdf

                  REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted
                  Commercial with an SD-23 Coral Way Special Overlay District to C-1
                  Restricted Commercial with an SD-23 Coral Way Special Overlay District
                  and an SD-19 Designated F.A.R. Overlay District, Increasing the F.A.R. to
                  2.9, to Change the Zoning Atlas

                  LOCATION: Approximately 3622 SW 22nd Street and 3605-3625 SW 22nd
                  Terrace


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                  APPLICANT(S): M Three Corporation, Owner and Key Real Estate
                  Development Corp., Contract Purchaser

                  APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire

                  FINDINGS:
                  PLANNING DEPARTMENT: Recommended denial.
                  ZONING BOARD: Recommended approval to City Commission on July 25,
                  2005 by a vote of 6-1.

                  PURPOSE: This will change the above properties to C-1 Restricted
                  Commercial with an SD-23 Coral Way Special Overlay District and an SD-19
                  Designated F.A.R. Overlay District, increasing the F.A.R. to 2.9, for the
                  proposed Mile Major Use Special Permit project.

                  CONTINUED


                  A motion was made by Commissioner Regalado, seconded by Commissioner Allen, and was
                  passed unanimously, with Commissioner Winton absent, to continue Item PZ.19 to the City
                  Commission meeting currently scheduled for November 17, 2005, at 9 a.m., or any time
                  thereafter; further requesting the developer to come back with a scaled down version of the
                  proposed project.

                  Direction to the Administration by Commissioner Regalado to hire a traffic consultant to provide
                  studies directly to the City.

                  Chairman Sanchez: Let's go ahead and -- Madam Clerk, help me out here. Is there any item
                  that we could get out of the way that's noncontroversial?

                  Lourdes Slazyk (Assistant Director, Planning & Zoning): Well, all three that are left have some
                  form of discussion. PZ.12 is the Balans; 15 is going to be the Coconut Grove NCD-3
                  amendment for big-box; and PZ.19 is a change of zoning that we're recommending denial on, so
                  which of the three -- PZ.19. We have 12, 15, and 19 to go.

                  Priscilla A. Thompson (City Clerk): That's correct, Chair. We can remove PZ.16 from our list.

                  Chairman Sanchez: PZ.16 remove.

                  Ms. Slazyk: Yeah, we did that one before lunch.

                  Chairman Sanchez: Is -- well, let's wait for 19 because 19 --

                  Commissioner Regalado: 19 is my district.

                  Ms. Slazyk: The other two are Commissioner Winton's, 12 and 15, as well. Twelve is the
                  Balans.

                  Commissioner Regalado: 19 is my district, if you want to --

                  Chairman Sanchez: OK, you want to do 19?

                  Ms. Slazyk: 19.

                  Chairman Sanchez: Is there --
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                  Ms. Slazyk: OK.

                  Chairman Sanchez: Let's do PZ.19. Are there people here on PZ.19?

                  Lucia Dougherty: I'm here on behalf of the applicant.

                  Chairman Sanchez: You're here on behalf of the applicant. Is there any opposition to this item?

                  Ms. Slazyk: From staff.

                  Chairman Sanchez: From staff.

                  Ms. Slazyk: Sorry.

                  Chairman Sanchez: All right. Let me just -- all right, so we'll take up 19, and then we'll go to
                  the impact fees, and then we'll go ahead and go back to PZ.12, 13, and that should do it, and
                  then pocket items.

                  Ms. Slazyk: OK. PZ.19 is a request --

                  Chairman Sanchez: Let me -- let --

                  Ms. Slazyk: -- for a change of zoning.

                  Chairman Sanchez: Just give me a minute --

                  Ms. Slazyk: OK.

                  Chairman Sanchez: -- here to get organized a little bit.

                  Ms. Slazyk: Sorry.

                  Chairman Sanchez: All right. Madam Applicant, are you prepared for your presentation?

                  Ms. Slazyk: Well --

                  Ms. Dougherty: Yes.

                  Ms. Slazyk: -- did you want the staff recommendation, or --

                  Chairman Sanchez: Staff --

                  Ms. Slazyk: -- afterward?

                  Chairman Sanchez: -- I want staff recommendation on the record first, and then we'll --

                  Ms. Slazyk: OK.

                  Chairman Sanchez: -- go ahead and --

                  Ms. Slazyk: The request is for a change of zoning to add the SD-19 overlay to the subject
                  property. This is at 3622 Southwest 22nd Street, and 3605 to 3625 Southwest 22nd Terrace. It's
                  on Coral Way, just before 37th Avenue. The SD-19 overlay that they're requesting is for an FAR
                  (floor/area ratio) of 2.9. This is in conjunction with the project called The Mile, which will be at

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                  your next Commission meeting. The zoning change is here first. What the applicant -- at the
                  Zoning Board, what the applicant presented in the presentation is because when the property
                  was zoned to C-1, restricted commercial, the 22nd Terrace frontage, a one-foot strip was left off
                  of the rezoning, which means that, in their current request for the project, they can't go to the
                  centerline of the street to calculate their gross lot area for FAR purposes, so that was one of the
                  reasons why they claimed that they needed this 2.9 FAR as a base, using the SD-19. We went
                  back and recalculated what their gross lot area and FAR would have been had they been able to
                  use the center of the street, and through all the possible bonuses and -- to that to determine that
                  they could build, with bonuses, had they been able to use to the centerline of the street, a total of
                  132,000 square feet of development. With the 2.9 FAR that they're requesting, they can add
                  bonuses to that as well, which they are proposing in their project, which bumps the FAR then up
                  to about 178,000 square feet, so the argument that they're losing the centerline of the street and
                  that's what's causing them to request this SD-19 FAR Overlay District is really not accurate in
                  that they're requesting a whole lot more than that. By requesting a 2.9 FAR as their underlying
                  FAR, and then bumping it up by 25 percent using the Affordable Housing Trust fund, they're
                  really ending up with an FAR close to 3.6. We believe that's inappropriate for this location on
                  Coral Way, and we recommend denial of the SD-19 overlay.

                  Chairman Sanchez: All right. Madam Applicant, you're recognized.

                  Ms. Dougherty: Good afternoon, Mr. Chairman, members of the Commission. Lucia
                  Dougherty, with offices at 1221 Brickell Avenue. The project, or the site is directly across the
                  street on Coral Way from the Sears building, as well as the Miracle Center. It's just west of 37th
                  Avenue, and it --

                  Chairman Sanchez: All right.

                  Ms. Dougherty: The reason I was -- I just wanted to -- this is in Commissioner Regalado's
                  district. This is a rezoning that occurred approximately 15 years ago, and when they did this
                  rezoning 15 years ago, what they did is they took one strip of single-family and they left it
                  single-family, which meant that, vis-à-vis, the other projects in the neighborhood, which have
                  two other bonuses that we cannot get; one we can't get at all because we're less than 500 feet,
                  but also, what it means is that there's an upper level setback that is required from Coral Way
                  that we now have to observe that nobody else does, so if you look at 22nd Terrace, and
                  incidently, we met with our neighbors on 22nd Terrace. They are supportive of this project,
                  based on the fact that it's much better than what is there today directly across from the Sears
                  building. Also, the way the project is designed, which you'll see in the Major Use Special Permit
                  in your next hearing, the way it's designed is that it is completely lined with the residential uses
                  on both sides, so these are residential town houses, and the upper level setback actually has to
                  occur off of that one-foot strip of single-family residential. Typically, in the other projects on
                  Coral Way, there is no one strip residential, so that the buildings actually don't have this upper
                  level setback that we do on 22nd Avenue, and for that reason, Arva Moore Parks, who sits on
                  your Planning Advisory Board, said that this is the most sensitive project that she has seen come
                  before this board on Coral Way since she's been sitting on the board, so she is very supportive of
                  the project, which you don't see before you today because the Major Use Special Permit will be
                  coming tomorrow -- I mean, at your next meeting, but we are seeking this -- these FAR bonuses
                  not for height, not for the number of units -- we can have the same number of units -- but to have
                  larger units. For example, we can have the same number of units, 131 units, but the units would
                  be 700 square feet in size, as opposed to 1,200 average, which these do have, so we're seeking
                  these bonuses -- or not bonuses, the SD-19 overlay, which by the way, your code indicates that
                  the proper place to have these SD-19 overlays is south of Coral Way and west of 37th Avenue.
                  We are seeking this only for the reason of getting larger units, not more units, not for the
                  purpose of getting more units, but simply to make it a better project, and again, we have
                  completely lined the outside, on 22nd Terrace, with town homes, adjacent to the garage. The
                  loading and vehicular access is totally internalized, and from 22nd Avenue, interesting, there is

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                  no entrance at all into the project, other than a pedestrian entrance to the town homes. All of the
                  vehicular traffic into the project comes off of Coral Way, and -- so there's no disruption to the
                  neighborhood, and that's why the neighbors who we met with, who directly live across the street,
                  are supportive of this project, so on first reading, we would ask you to pass this, and at your next
                  hearing, during the Major Use Special Permit, you will see the project in its totality.

                  Chairman Sanchez: All right. It's -- PZ.19 is an ordinance on first reading. Is there anyone in
                  opposition? It's a public hearing. Please step forward, ma'am. It's an open hearing -- it's a
                  public hearing. State your name and address for the record.

                  Judith Sandoval: Judith Sandoval, 2536 Southwest 25th Terrace, Silver Bluff. I'm in the
                  adjacent neighborhood to this project, a couple of blocks from Sears, off 27th Avenue, and we're
                  very concerned. We're already suffering, our neighborhood and Golden Pines in the
                  neighborhood there, from over-congestion, and I have tremendous respect for Arva Parks, may I
                  say, but to say that this is the most sensitive project on Coral Way isn't saying much because it's
                  abominal [sic] what's happened on Coral Way with the bulk and height of buildings, and we're
                  already getting a lot of that traffic in our neighborhoods, and we don't have the traffic devices to
                  slow it down, and so simply because of its bulk and size, and if you wanted to have bigger units,
                  the architect and the builder could build bigger units and have fewer of them, but build bigger,
                  and just because everybody else has been allowed to build these monstrous buildings on Coral
                  Way and set this precedent is no reason to continue with this sort of activity, and I believe that
                  the request should be denied, and it affects the whole neighborhood, and the precedent it sent --
                  it sets is not just the people across the street. The whole length of 22nd Terrace, all the way over
                  to 17th Avenue, going past is very congested and destroying the ability of neighbors to use that
                  street and have access to their properties because even if there isn't access onto 22nd and that
                  one block, some places there is, and people can't get across Coral Way, so they go one block
                  south and cut through the neighborhoods. Thank you.

                  Chairman Sanchez: Thank you. Anyone else? At this time, the public hearing is closed.

                  Commissioner Allen: No, no. Mr. Chairman.

                  Chairman Sanchez: Oh, I'm sorry. You're not as fast as you used to be.

                  Mabel Miller: Is this the time to talk about our need for more parks?

                  Chairman Sanchez: No, ma'am.

                  Ms. Miller: I'll have a chance?

                  Chairman Sanchez: You will have -- that'll be the next one.

                  Ms. Miller: OK.

                  Chairman Sanchez: That'll be the impact fees.

                  Ms. Miller: Fantastic.

                  Chairman Sanchez: All right. Once again --

                  Ms. Dougherty: I just want to -- in rebuttal to that, this is 131 units. It is not a mega project by
                  any means. It's rather modest, in terms of units.

                  Chairman Sanchez: All right. The public hearing is closed at this time, coming back to the
                  Commission.

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                  Commissioner Allen: Mr. Chairman, I --

                  Chairman Sanchez: Yes, sir. Commissioner Allen, you're recognized.

                  Commissioner Allen: Yes. I have some concerns here, I guess. It seems to me the conflicting
                  issue here is the one point -- the FAR of 1.72 versus 2.9. They can, nonetheless, construct their
                  property at the current FAR of 1.72, correct, albeit it'll be a different -- ?

                  Ms. Slazyk: Correct. It would be -- the building would be smaller than what you see.

                  Commissioner Allen: Right, but the 2.9 will allow them, in my opinion, to just, if you will,
                  overdevelop, right? They have the ability then to go beyond -- correct? --

                  Ms. Slazyk: Yes.

                  Commissioner Allen: -- with those bonuses.

                  Ms. Slazyk: What the 2.9 does --

                  Commissioner Allen: Right.

                  Ms. Slazyk: -- is they're ask -- requesting the 2.9 to be a new base.

                  Commissioner Allen: Right.

                  Ms. Slazyk: OK. Upon that 2.9, they're also requesting a bonus of 25 percent --

                  Commissioner Allen: Cent, which gives them --

                  Ms. Slazyk: -- which, in reality, brings them up to over a 3.5.

                  Commissioner Allen: Right, so I guess my question to you, Lourdes, would this not necessarily
                  be either out of scale, relative to the surrounding area, and/or are we also setting a bad
                  precedent here, as well? What do you -- your thoughts.

                  Ms. Slazyk: Well, I think -- I believe both -- Coral Way has not been one of those corridors
                  where SD-19 has proliferated. Once you get on 37th Avenue, there has been use of SD-19, but
                  not along Coral Way, and what it does, when you raise it this much, I mean, because the request
                  -- again, I ran some numbers, and even if they had that one-foot strip along 22nd Terrace and
                  developed this site with all the bonuses that you could get, the PUD (planned unit development),
                  plus affordable housing, it would still --

                  Commissioner Allen: Right.

                  Ms. Slazyk: -- be less than what they're asking for, so we believe that that, by about 50 -- it's
                  about 56,000 square feet, approximately, over what would have been had they been able to use
                  that centerline of the street, the PUD, and affordable housing, so it's a little bit out of scale, and
                  we would recommend that, you know, it be redesigned to a lower FAR without the SD-19.

                  Chairman Sanchez: All right. Commissioner Regalado.

                  Commissioner Regalado: Thank you very much, Mr. Chairman. I think maybe Ms. Parks saw
                  this project and compare it to others that are very ugly in Coral Way, but the fact is that we're
                  having a lot of problems in Coral Way, so my motion will be to accept the Planning Department

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                  recommendations and deny the SD-19, and maybe you can come back with a different kind of
                  project.

                  Chairman Sanchez: All right. There's a --

                  Commissioner Allen: Second.

                  Chairman Sanchez: -- motion. Is there a second?

                  Commissioner Allen: Second.

                  Chairman Sanchez: There's a motion by Commissioner Regalado to deny the SD-19. There's a
                  second by Commissioner Allen. It is under --

                  Ms. Dougherty: Commissioner Regalado --

                  Chairman Sanchez: -- discussion.

                  Ms. Dougherty: -- can I just make a --

                  Chairman Sanchez: Ma'am --

                  Ms. Dougherty: May I ask him something before you do that? What she is suggesting is that it's
                  50,000 square feet over, if we were allowed to go to the centerline of the road, like everyone else,
                  and if we were allowed to get the bonuses that other folks are allowed to get, by reason of not
                  having this R-1. That is about maybe 150,000 square feet less than -- or there -- that is less than
                  we would be asking for, but it's more than we would be allowed under the existing zoning, so the
                  question is, do you want to just kill the project as it is, or would you like to see us come back and
                  modify it with an SD-19 and not start all over again because, as you know, these Major Use
                  Special Permits --

                  Commissioner Regalado: I would like you, if possible, to come back with a modified project --

                  Ms. Dougherty: OK, then I can't do that if you deny this. What I'm -- what --

                  Commissioner Regalado: Well --

                  Ms. Dougherty: -- I would suggest that, if you could do this --

                  Commissioner Regalado: I cannot approve this because it would trigger a lot of different
                  scenarios, so I would -- you know, Coral Way, you can build whatever people want, but
                  somehow, we need to scale down the projects in Coral Way. I mean, the project may be
                  beautiful, extraordinary, but it's a collateral casualty because what some people have done in
                  Coral Way, even before the overlay in Coral Way, they were done; they've done ugly buildings,
                  and buildings are -- I mean, next to that project, there is an Extended Stay that is right there. I
                  mean, if you're walking on the swale area, you're crashing into the building. It's very difficult,
                  and mind you, I don't -- I do not know what the people in 22nd Terrace said, but I do know that
                  the people in Golden Pines and in Coral Gate are really concerned about not this particular
                  project -- well, yes, they are, but -- of the situation in Coral Way. Remember, the only way to get
                  out to go to downtown in -- from Coral Gate is through 37th Avenue, making a left. Then the
                  people that are coming from Miracle Mile, then the people from Golden Pines, then the people
                  are coming east on Andalusia and all these streets, so I would ask if you can come back with
                  something --

                  Ms. Dougherty: Then let --

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                  Commissioner Regalado: -- different.

                  Ms. Dougherty: -- me have a continuance for the next two months so I can redesign the project.

                  Commissioner Regalado: I have no problem on that.

                  Chairman Sanchez: Then you would have to withdraw your motion and present another motion
                  to defer the item.

                  Commissioner Regalado: If what -- if the purpose is to modify the project and come back and sit
                  with the staff and have another public hearing, which is important, I have no problem. I
                  withdraw my motion of denial, and I introduce a motion to defer --

                  Ms. Slazyk: To November --

                  Commissioner Regalado: -- this item for the next 60 to 90 days so you have plenty of time to
                  work on the design.

                  Jorge L. Fernández (City Attorney): Should be.

                  Ms. Dougherty: If I could have the 60 days, and then, if I need another, we will continue it at
                  that time, but I think that's -- that will give us an opportunity to meet with the staff, redesign it,
                  scale it down, without having to start the project all over again, which is --

                  Commissioner Regalado: It's fine with me. We don't -- it's not my intent to kill the project
                  because, after all, you can build it, you can build it, but you know, somehow we have to draw the
                  line, and by the way, this is not about Lucia because she always does her homework with the
                  residents and all that, and at least they take the time to meet with the residents and neighbors,
                  but you know, it's about time that we, in the City, instead of spending so much money in different
                  consulting firms and all that, it's about time that we hire a traffic consultant that would work for
                  the City and would not work for the developer because, after all, every time that we have a
                  project here, we have a traffic study done by the developer, and it's always OK, it's not going to
                  be any problem at all because, you know, nothing is going to happen. I mean, the flow -- but the
                  fact of the matter is that, as we stand now, the flow in Coral Way, it's a big problem, so I move to
                  defer for 60 days this item, and hoping that it comes back in a scaled down version.

                  Ms. Slazyk: All right. Then --

                  Mr. Fernández: Mr. Chairman.

                  Chairman Sanchez: All right.

                  Ms. Slazyk: -- for the record, the --

                  Chairman Sanchez: Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa --

                  Ms. Slazyk: November.

                  Chairman Sanchez: -- whoa, whoa, whoa. There is a motion to defer the item for 60 days. Is
                  there a second?

                  Commissioner Allen: I'll second.

                  Chairman Sanchez: Second it. Under discussion. Mr. City Attorney.

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                  Mr. Fernández: Yeah. You need to be a little bit more specific, otherwise, it would require all
                  different kinds of re-noticing and the like. Remember, earlier this morning, you --

                  Commissioner Regalado: To continue, I'm sorry --

                  Mr. Fernández: Yeah, to continue --

                  Commissioner Regalado: -- not defer. To continue this same item --

                  Mr. Fernández: -- but time certain --

                  Commissioner Regalado: -- for six --

                  Mr. Fernández: -- in your --

                  Commissioner Regalado: -- time certain --

                  Mr. Fernández: -- November 17, or --

                  Ms. Slazyk: Tenth.

                  Mr. Fernández: -- December 15. This morning, you consolidated your meetings --

                  Chairman Sanchez: Yes, we did.

                  Mr. Fernández: -- for November and December. Now you only have --

                  Commissioner Regalado: Either of them. I mean, either of them. If she want -- if she's ready in
                  November, she will come and do it. If not, we can --

                  Ms. Dougherty: Let's set it for the November, and then if it's --

                  Mr. Fernández: All right.

                  Ms. Dougherty: -- not ready, then --

                  Mr. Fernández: So the record should reflect that it is to continue it to November 17 --

                  Commissioner Regalado: OK.

                  Mr. Fernández: -- at 9 a.m., or as soon thereafter.

                  Chairman Sanchez: The item --

                  Ms. Slazyk: Yeah, I think --

                  Chairman Sanchez: -- is still under discussion. I'd just like to state one thing. The problem here
                  is the SD-19.

                  Ms. Dougherty: I understand --

                  Chairman Sanchez: That's the problem here.

                  Ms. Dougherty: -- but I -- you know what, we had recommendations of approval from every

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                  board that we appeared before.

                  Chairman Sanchez: It's perfectly fine, but see, Lucia, one of the things that's happening here is
                  that you're starting to see a pattern now of people coming here and supersizing everything. It's
                  like --

                  Commissioner Allen: Right.

                  Chairman Sanchez: -- going to a fast-food restaurant and supersizing your meal, and those are
                  the things that -- you know, I think the City is finally realizing, with a lot of these properties that
                  are abutting C-1, that are abutting R-2 and R-3, with the 903.7, you know, that we are trying to
                  protect the R-1s and R-2 from intrusion. This -- the project itself is a nice project in picture, but
                  when you look at the FAR of 3.6, I don't think there's anything in that area even close to that,
                  and the biggest concern here is that you're going to have one of the tallest buildings in that area,
                  most intense building on Coral Way.

                  Ms. Dougherty: Actually, that's not true.

                  Chairman Sanchez: Well, that's -- you can make that argument at the next Commission meeting
                  --

                  Ms. Dougherty: OK.

                  Chairman Sanchez: -- but right now, I think that the Commission and the Administration is
                  basically saying that, you know, the way development is going, the days of supersizing stuff are
                  over, and we can't wait for Miami 21 to come on board so we could really focus on the future of
                  development in Miami, so having said that, there is a motion and a second. There's no
                  discussion. There will be balance, that's for sure. All in favor, say “aye.”

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” We will see you --
                  when was the date that --

                  Commissioner Regalado: November 17.

                  Commissioner Allen: Seventeen.

                  Chairman Sanchez: November 17. Thank you so much.

                  Ms. Dougherty: Thanks very much.




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                                         NON AGENDA ITEMS

NA.1      05-01073      RESOLUTION
                        A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE
                        FIRST AND SECOND REGULAR CITY COMMISSION MEETING OF
                        NOVEMBER 2005, ORIGINALLY SCHEDULED FOR NOVEMBER 10 AND 24,
                        2005, TO BOTH TAKE PLACE ON NOVEMBER 17, 2005.
                        Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen
                        Absent: 1 - Commissioner González

                        R-05-0584

                        Chairman Sanchez: And there are certain issues that we want to clean house with, and that is,
                        as always, the second meeting of November falls on Thanksgiving, I don't know why, and in the
                        past several years, we've had that problem. What we have -- what we've done in the past also,
                        we've been able to combine both of the Commission meetings in November, and that's been able
                        to help us out, and that would be, Madam Clerk, I believe, November 17. If we could combine
                        the two Commission meetings, if it's the will of this legislative body, because usually we end up
                        having our Commission meeting, the second one, on Thanksgiving, so it'd be nice because the
                        first meeting of the month falls on the day before the Veteran's three-day weekend, so also take
                        into consideration is that December PZ (planning & zoning) meetings fall December 22, and
                        that's the Christmas weekend, so we need to address that now. Is it OK if we combine both
                        meetings on the 17th on November? Is it OK with the Commission?

                        Commissioner Regalado: Yeah.

                        Commissioner Winton: That's a great idea.

                        Chairman Sanchez: All right. Is there a motion?

                        Commissioner Regalado: Move it.

                        Chairman Sanchez: All right. There's a motion by Commissioner Regalado --

                        Commissioner Allen: Right, 17th of November.

                        Chairman Sanchez: -- second by Commission Allen. Is there any discussion on the item? I
                        don't think there's any discussion on this item.

                        Commissioner Allen: Thank you.

                        Chairman Sanchez: All in favor, say “aye.”

                        The Commission (Collectively): Aye.

                        Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.
                        Now, what do you want to do about December? We could also -- maybe one meeting in
                        December, and that could be possibly the 15th of December? I mean, it's going to be a long
                        meeting, but hopefully, we could get through it, and of course, that would be my last meeting as
                        the Chair of this legislative body, so December 15 we combine two meetings; is that OK?

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                  Commissioner Winton: I'm looking.

                  Chairman Sanchez: All right. Is the Vice Chair here? Can we go get him? Johnny, that would
                  be December 15 --

                  Commissioner Winton: That looks good.

                  Chairman Sanchez: -- and if you're available, we could combine both meetings, and hopefully,
                  we could start at 9, and possibly, get out of here by 8 or 9.

                  Commissioner Winton: Yeah, that works for me.

                  Chairman Sanchez: It works for you?

                  Commissioner Winton: Um-hum.

                  Chairman Sanchez: Well, I think the only one that we need to consult with is Vice Chairman
                  González. I'll tell you what, why don't we go ahead and pass it. If he's got a problem, we'll
                  bring it back this afternoon and we'll finalize a date.

                  Commissioner Allen: Where -- OK.

                  Chairman Sanchez: OK.

                  Commissioner Allen: With respect to the December --

                  Chairman Sanchez: So, did we -- we did vote on the November meeting. Now --

                  Commissioner Allen: Correct.

                  Chairman Sanchez: -- we need to vote on December, so there -- is there a motion to combine
                  both meetings on December 15?

                  Commissioner Allen: All right, so we're going to --

                  Commissioner Regalado: Move it.

                  Commissioner Allen: -- consolidate it to December --

                  Chairman Sanchez: There's a motion by Vice --

                  Commissioner Allen: I'll make a motion, Mr. Chairman.

                  Chairman Sanchez: All right. There's a motion on the floor by Commissioner Regalado, second
                  by Commissioner Allen. Is there any discussion on the item? Hearing none, all in favor, say
                  “aye.”

                  The Commission (Collectively): Aye.

                  Chairman Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.
                  Madam Clerk, let the record reflect that we will be combining the November meeting, which will
                  be November 17, and then we will be combining the December meeting on December 15.

(NA.1) 05-01081   RESOLUTION

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City Commission                                    Meeting Minutes                                   September 22, 2005

                        A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE
                        FIRST AND SECOND REGULAR CITY COMMISSION MEETINGS OF
                        DECEMBER 2005, ORIGINALLY SCHEDULED FOR DECEMBER 8 AND 22,
                        2005, TO BOTH TAKE PLACE ON DECEMBER 15, 2005.
                        Motion by Commissioner Regalado, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Allen
                        Absent: 1 - Commissioner González

                        R-05-0583

NA.2      05-01074      DISCUSSION ITEM

                        Introduction of new executive director of the South Florida Workforce, Mr.
                        Rick Beasley.
                        DISCUSSED


                        Chairman Sanchez: Is Commissioner Winton here so we could --

                        Commissioner Regalado: No, but I'm -- I am -- I was asked to introduce, Mr. Chairman, the new
                        executive director of the Workforce --

                        Chairman Sanchez: OK, he's here.

                        Commissioner Regalado: -- Development.

                        Chairman Sanchez: Oh, yeah, that's correct.

                        Commissioner Regalado: Mr. Rick Beasley, and when Johnny was talking about Workforce and
                        he was about to put the gloves on it, I said that I met with Mr. Beasley, and I said that I saw --
                        well, a new face, and also a refreshing ideas, and mind you, I was the one that started this whole
                        thing, and then Johnny took over and fought about ten rounds with Workforce, but after meeting
                        Mr. Beasley several weeks ago, when he was recently appointed here, I said that at least we, you
                        know, can discuss and work with him, and well, I -- maybe it's the water that you drink, and then
                        you will change, but I hope that you don't change.

                        Rick Beasley: I'm not going to change.

                        Commissioner Regalado: OK.

                        Chairman Sanchez: Sir, good afternoon, and welcome to the City of Miami. We've been
                        anxiously waiting your presence here this afternoon.

                        Mr. Beasley: Oh, well, I'm excited to be here, and thank you for the invitation. You all have
                        really --

                        Commissioner Winton: We need your name and address.

                        Mr. Beasley: Oh, I'm sorry. My name, Rick Beasley, director for the South Florida Workforce
                        Board, and thank you for the opportunity to present myself to you, as a council. Commissioner,
                        good to see you again. I have actually been in the office of Commissioner Winton trying to see
                        how we can enhance our efforts on employment in the City of Miami, and I've made a
                        commitment that we will do so. We're willing to work with the City of Miami. I don't know why
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                  we haven't in the past, but I'm here to make that commitment. If I don't do it, you can run me
                  back home to Missouri, OK. I'm from the “Show Me State,” so I will show you --

                  Commissioner Regalado: You know --

                  Mr. Beasley: -- our efforts.

                  Commissioner Regalado: -- what they say about Missouri. I'm from Missouri.

                  Mr. Beasley: So -- but I'm -- I thank you for the opportunity to present myself. I know David
                  Rosemond has been very instrumental in making sure that I knew all the politics about Miami,
                  and how we need to be working with you all, so I want to thank you all for allowing David to
                  help me get acclimated to the City, and we're willing and waiting to work with you all, so --

                  Chairman Sanchez: Thank you so much. Any questions?

                  Commissioner Winton: No, just one last comment. He said we want to improve the
                  performance. I would suggest that that's a giant understatement because there has been no
                  performance in the past, so I'm counting on you delivering.

                  Mr. Beasley: Yes, sir.

                  Commissioner Winton: Thank you.

                  Mr. Beasley: Will do.

                  Commissioner Allen: Well --

                  Mr. Beasley: Will do. Thank you.

                  Commissioner Allen: Let me -- before you step away, well, have you guys put together any
                  action plan, if you will, to address the issue? Can you expound on that? You have anything to
                  offer?

                  Mr. Beasley: Well, there's a couple of things that -- you know, I don't -- is it OK to mention?
                  OK. There was a couple of items. We just got through meeting on the Miami Works project, and
                  I heard there was a Commissioner who was looking for that new director, and I can tell you my
                  arm is still hurting from last week when I introduced myself to him and said I was willing to put
                  some money on the table, and I swear, my arm was just gone, but that's one of the projects. I
                  also was meeting with David Rosemond and some folks last week, and looked at opportunities to
                  put some, maybe computers in the NET (Neighborhood Enhancement Team) offices, so they --
                  Miami citizens can have access to employment, so there are a number of things. I mean, we had
                  a fantastic meeting with some of your officials and saying how we can work together. I look at
                  ways of how we can leverage resources, and I think it's going to be very exciting.

                  Commissioner Allen: OK, just before you step away, just one last question. Just exactly what
                  will you do -- what would you do? You would, in effect -- you -- for example, you put computers
                  in some of the NET offices. A person goes through the computer and finds out job employment
                  opportunities. Then, is there a follow-up from your office, or --

                  Mr. Beasley: Well --

                  Commissioner Allen: -- you know, walk me through this, if you will --

                  Mr. Beasley: -- one of the things that --

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                  Commissioner Allen: -- as a hypothetic --

                  Mr. Beasley: -- I would love to do is, when we were talking, we were saying that you all -- I
                  understood y'all had NET offices, and we have --

                  Commissioner Allen: Right.

                  Mr. Beasley: -- one-stops, and the question came, you know, how do -- how can our people get
                  access to employment, and so I know I didn't have resources. They've already been allocated
                  before I got -- took the job --

                  Commissioner Allen: Right.

                  Mr. Beasley: -- so I said, well, I got computers, why not put those into the NET offices, where
                  folks will have access to our job banks. Now, another phase of that and we talked about -- I
                  don't know if I can toss that out here, but I'll mention it --

                  Commissioner Allen: Well, let me -- excuse my lack of knowledge on this, but I'm just curious.
                  For example, we have large-scale development taking place here in the City. How would you
                  place an individual there? Could you walk us through that just quickly?

                  David Rosemond (City Manager, Chief of Staff): Commissioner, if I --

                  Mr. Beasley: Well, one of the things that --

                  Mr. Rosemond: -- may?

                  Mr. Beasley: Go ahead.

                  Mr. Rosemond: David Rosemond, City of Miami Administration. One of the things that -- we're
                  working as quickly and as fast as we can. We don't want to go on the record talking about things
                  without having worked out all of the details, but Mr. Beasley has committed himself to continue
                  to work with the City of Miami. We will come back, probably as early as next meeting, to flesh
                  those things out, and to --

                  Mr. Beasley: We could do that.

                  Mr. Rosemond: -- explain to you exactly how the things are going to work.

                  Commissioner Allen: And you have a plan of action.

                  Mr. Rosemond: We have a plan --

                  Mr. Beasley: Yes.

                  Mr. Rosemond: -- of action --

                  Commissioner Allen: OK.

                  Mr. Rosemond: -- and we have a number of concepts, so if you bear with us just for another two
                  weeks --

                  Commissioner Allen: OK.



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                     Mr. Rosemond: -- we promise you that you will be delighted with the results of our
                     conversations.

                     Commissioner Winton: That's a good answer and we look forward to that.

                     Mr. Beasley: And you can grill me all day long, Mr. Allen --

                     Commissioner Allen: OK.

                     Mr. Beasley: -- Commissioner Allen. OK --

                     Commissioner Allen: Thank you.

                     Mr. Beasley: --but we are willing to work with -- and I apologize that South Florida Workforce
                     has not engaged you all before, but you can take me for my word that we will do it, so -- and if
                     not, you can run me back home, I swear. All right.

                     Commissioner Winton: I'm taking you at your word.

                     Mr. Beasley: OK.

                     Chairman Sanchez: All right.

                     Mr. Beasley: Thank you, Commissioner.

                     Chairman Sanchez: Thank you so much. Appreciate it. We'll go on to the impact fees now.

                     Commissioner Allen: Yes.

                     Chairman Sanchez: Hopefully, we could get SI.1 out of the way. All right.

                     Commissioner Winton: What item is it, SI.1?

                     Chairman Sanchez: Yeah, it's the impact fees --

                     Commissioner Winton: Oh, yeah.

                     Chairman Sanchez: -- development impact fees. We started it, but at your request --

NA.3      05-01075   DISCUSSION ITEM

                     At Commissioner Winton's request, Mary Conway, Capital Improvement
                     Director, estimated the cost for moving the Miami Women's Club from its
                     current location to Legion Park to be approximately $312,000.
                     DISCUSSED


                     Vice Chairman González: That concludes the agenda --

                     Commissioner Winton: Mr. Chairman.

                     Vice Chairman González: -- correct? Yes.

                     Commissioner Winton: Could I -- I need to get an update on something. We directed staff some
                     time ago, on Miami Women's Club, to come back with an analysis of estimated cost for moving
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City Commission                                     Meeting Minutes                                   September 22, 2005

                        that piece of the Women's Club. That was supposed to come back in September. This is the last
                        meeting of September, and it's been a little silent on that issue, I think. You want to give us a
                        report?

                        Mary Conway: Mary Conway, CIP (Capital Improvement Projects) and Transportation. We
                        have prepared an initial estimate of the cost to relocate the building. Our initial estimate is 300
                        -- in the range of $312,000 to move the building from its current site to the site at Legion Park.
                        That, however, excludes any improvements to the structure itself. That's just for relocating it in
                        its current condition from the existing location to the park.

                        Commissioner Winton: OK. Now that you've told me that, that's interesting.

                        Vice Chairman González: All right.

                        Commissioner Winton: OK, thank you for the report.

NA.4      05-01076      RESOLUTION
                        A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN
                        INDIVIDUAL AS A MEMBER OF THE MODEL CITY COMMUNITY
                        REVITALIZATION DISTRICT TRUST FOR A TERM AS DESIGNATED
                        HEREIN.

                         APPOINTEE:                                   NOMINATED BY:
                        Leonardo Starke                               Commissioner Jeffery Allen



                        Motion by Commissioner Allen, seconded by Commissioner Winton, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Regalado and Allen
                        Absent: 1 - Commissioner Sanchez

                        R-05-0582

                        A motion was made by Commissioner Allen, seconded by Commissioner Winton, and was passed
                        unanimously, with Chairman Sanchez absent, to remove Grady Muhammad as a member of the
                        Model City Revitalization District Trust. [Note for Record: Leonardo Starke was appointed by
                        Commissioner Allen to replace Mr. Muhammad.]

                        Vice Chairman González: That concludes the --

                        Commissioner Allen: I got a pocket item.

                        Vice Chairman González: Madam Clerk --

                        Commissioner Allen: I have a pocket item.

                        Vice Chairman González: -- we have completed the agenda, right?

                        Commissioner Allen: Right.

                        Priscilla A. Thompson (City Clerk): That's correct, sir.


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City Commission                              Meeting Minutes                              September 22, 2005

                  Vice Chairman González: The regular agenda. OK, pocket items.

                  Commissioner Allen: Yes. Mr. Chairman, I have a quick pocket item. Pursuant to Section
                  2-885, subsection A3, which pertains to the removal of board members at the will and
                  recommendation of the nominating Commissioner, I would like to recommend the removal of
                  Grady Muhammad from the Board of Model City Trust, and nominate Attorney Leonardo Starke,
                  a real estate lawyer, to serve in this seat of the Board of the Model City Trust.

                  Vice Chairman González: All right. We have a motion --

                  Commissioner Regalado: Second.

                  Vice Chairman González: -- and we have a second.

                  Maria J. Chiaro (Assistant City Attorney): Needs to be -- excuse me.

                  Vice Chairman González: All in favor, say “aye.”

                  Commissioner Winton: Wait.

                  Ms. Chiaro: Mr. Chairman.

                  Commissioner Winton: Hold on.

                  Vice Chairman González: OK.

                  Ms. Chiaro: Mr. Chairman, that needs to be two separate motions.

                  Commissioner Allen: Two sep --

                  Ms. Chiaro: One to remove, and the --

                  Vice Chairman González: OK, you're right.

                  Ms. Chiaro: -- next, to appoint.

                  Vice Chairman González: You're right --

                  Commissioner Allen: OK.

                  Vice Chairman González: -- so your first motion is to remove --

                  Commissioner Allen: To remove the --

                  Vice Chairman González: -- Grady --

                  Commissioner Allen: -- Mr. Grady --

                  Vice Chairman González: -- Muhammad.

                  Commissioner Allen: Correct, from the Board of Model City Trust.

                  Vice Chairman González: OK. We need to vote on that. All in favor, say “aye.”

                  The Commission (Collectively): Aye.

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                        Vice Chairman González: All opposed have the same right. Motion carries. Now, we --

                        Commissioner Allen: And then, secondly, I would like to nominate Leonardo Starke, real estate
                        lawyer, to serve in the seat -- Board of Model City Trust.

                        Vice Chairman González: OK.

                        Commissioner Winton: Second.

                        Vice Chairman González: We have a motion and we have a second. All in favor, say “aye.”

                        The Commission (Collectively): Aye.

                        Vice Chairman González: Motion carries. Is that it?

                        Commissioner Allen: Yes.

NA.5      05-01077      DISCUSSION ITEM

                        Discussion concerning update on the special investigation of two City of Miami police
                        officers.
                        DISCUSSED


                        Vice Chairman González: Any other pocket items? Commissioner Regalado.

                        Commissioner Regalado: Just a question, Mr. Chairman, for the Manager. Do we have already
                        the report from the judge on the case of the two police officer, one of them --

                        Joe Arriola (City Manager): No, we don't.

                        Commissioner Regalado: We don't have it yet? It's not done?

                        Mr. Arriola: (INAUDIBLE).

                        Commissioner Regalado: OK. Do you know when or -- ?

                        Mr. Arriola: (INAUDIBLE).

                        Commissioner Regalado: Thank you.

NA.6      05-01069      RESOLUTION
   District 1           A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
                        TRANSFER OF FUNDS, IN THE AMOUNT OF $11,000, FROM THE
                        DISTRICT 1 OFFICE BUDGET; ALLOCATING SAID FUNDS TO THE
                        DEPARTMENT OF COMMUNITY DEVELOPMENT FOR PUBLIC SERVICE
                        ACTIVITIES IN
                        DISTRICT 1.
                        Motion by Vice Chairman González, seconded by Commissioner Allen, that this matter be
                        ADOPTED PASSED by the following vote.
                  Votes: Ayes: 4 - Commissioner González, Winton, Regalado and Allen
                        Absent: 1 - Commissioner Sanchez

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                     R-05-0585

                     Vice Chairman González: All right. Commissioner Winton, any pocket items?

                     Commissioner Regalado: No.

                     Vice Chairman González: Winton --

                     Commissioner Regalado: He said no.

                     Vice Chairman González: -- any pocket items?

                     Commissioner Winton: (INAUDIBLE).

                     Vice Chairman González: I have one.

                     Commissioner Allen: OK. I make a motion we adjourn.

                     Vice Chairman González: No. I have one pocket item.

                     Commissioner Allen: Oh, I'm sorry. I'm sorry, Mr. --

                     Commissioner Regalado: The Chairman has a pocket item.

                     Vice Chairman González: It's a resolution of the Miami City Commission authorizing the
                     transfer of funds, in the amount of $11,000, from the District 1 office budget; allocating said
                     funds to the Department of Community Development for public service activities in District 1. So
                     moved.

                     Commissioner Allen: Second.

                     Commissioner Regalado: OK. We have a motion and a second by Vice Chair González, second
                     by Commissioner Allen. All in favor, say “aye.”

                     The Commission (Collectively): Aye.

                     Commissioner Regalado: Four to zero.

                     Vice Chairman González: Adjourn.

                     Commissioner Regalado: OK, motion to adjourn.

                     Commissioner Allen: Motion to adjourn. Second.

NA.7      05-01079   DISCUSSION ITEM

                     City Clerk reminded the Commission of the budget hearing which was
                     rescheduled to Tuesday, September 27, 2005, at 5:05 p.m.
                     DISCUSSED


                     Priscilla A. Thompson (City Clerk): Just as a reminder, Chair, Commissioners, we have our
                     budget workshop 5:05, next week Tuesday.


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City Commission                             Meeting Minutes                             September 22, 2005

                  Commissioner Regalado: It's not a workshop.

                  Commissioner Allen: Work --

                  Vice Chairman González: No.

                  Ms. Thompson: It's a hearing. I'm sorry. The budget hearing --

                  Vice Chairman González: It's a budget hearing.

                  Ms. Thompson: -- 5:05.

                  Commissioner Winton: Could I get Mary Conway, please? Mary, did she leave yet?

                  Commissioner Regalado: Yes.

                  Vice Chairman González: What time on Tuesday?

                  Commissioner Winton: Mary.

                  Commissioner Allen: 5:05 --

                  Vice Chairman González: 5:05?

                  Commissioner Allen: -- p.m.




City of Miami                                   Page 152                                  Printed on 10/14/2005

				
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