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HomeMy WebLinkAboutCC 2003-05-22 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of May 2003, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:24 a.m. by Vice Chairman Teele with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) (9:25 a.m.) Vice Chairman Johnny L. Winton (District 2) (9:51 a.m.) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Mayor Manuel A. Diaz City Manager Joe Arriola City Attorney Alejandro Vilarello City Clerk Priscilla A. Thompson Assistant City Clerk Sylvia Scheider May 22, 2003 1. PRESENTATIONS AND PROCLAMATIONS. Vice Chairman Teele: (INAUDIBLE) Mayor, members of the Commission. We're going to try to proceed. We've got to -- as we get into the graduation schedule, we're going to have a lot of people coming in and out, and I know that Commissioner Winton -- Chairman Winton should be here within the next 45 minutes or so, and we know that at least one of our colleagues is going to have to leave the dais this morning for a graduation, so we're going to beg your indulgence and try to move the agenda along. We have Zoning this afternoon, as well, so we need a lot of cooperation, and Commissioner Gort, it's a pleasure to see you here. Wilfredo Gort: Beautiful. Vice Chairman Teele: Beautiful. Mr. Gort: Beautiful. Vice Chairman Teele: We have proclamations this morning, and I assume that Commissioner Winton would want us to proceed. Commissioner Sanchez, please. NAME OF HONOREE 1. Doris Scheer 2. Margarita Delgado 3. Robert Parente 4. Vice Chairman Teele & Commissioner Regalado Presentations made. PRESENTER Commissioner Regalado Commissioner Regalado Commissioner Sanchez Mayor Diaz PROTOCOL ITEM Proclamation (Long time dedicated member of Planning Advisory Board. Proclamation (Service and dedication as member of Off -Street Parking Authority) Commendation (Service as Chair of Waterfront Advisory Board. Salute (birthdays for both today) 2. WITHDRAW FROM TODAY'S AGENDA PRESENTATION BY MS. SYLVIA M. CEJAS, REPRESENTATIVE OF DOWNTOWNMIAMI.COM. Prayer and pledge of allegiance was delivered. Vice Chairman Teele: Commission meeting will come to order. As indicated previously, Chairman Winton will be here momentarily, and the Chair does recognize that this is the 2 May 22, 2003 graduation season, so we may have Commissioners going in and out. Is there -- are there vetoes to be considered today? There being none, the consent agenda. Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: Commissioner Regalado. Commissioner Regalado: On the consent agenda, I'd like to defer CA.6 until I get more information, and also on the blue pages, I need to withdraw Item A. Ms. Sylvia Cejas is not ready for a presentation, so whenever she's ready, she'll report, and we'll place it on the agenda, so instead of coming back, I'll withdraw. Vice Chairman Teele: Motion to withdraw. Is there a second? Commissioner Sanchez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-504 A MOTION TO WITHDRAW FROM TODAY'S AGENDA PRESENTATION BY MS. SYLVIA M. CEJAS, REPRESENTATIVE OF DOWNTOWNMIAMI. COM. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Teele: The item was with (UNINTELLIGIBLE) on the blue pages, Item A, under Tomas Regalado. District -- Chairman Sanchez: If there are no other deferrals, I'd like to make a motion. Vice Chairman Teele: Further deferrals, Mr. Manager? 3 May 22, 2003 Joe Arriola (City Manager): There's not a deferral. In CA.7, there is substitute packet that I have handed out to everyone. Vice Chairman Teele: Noted, CA.7 substitute. Further items to be deferred or to be withdrawn on the consent item? Is this seven? Chairman Sanchez: Hearing none, Mr. Vice Chairman, so move -- Vice Chairman Gonzalez: Just -- let me -- Chairman Sanchez: -- the consent agenda. You have one? Vice Chairman Gonzalez: Just give me a break. Just give me a minute. Just give me a minute. CA.6 was deferred, right? Mr. Arriola: Yes, Commissioner. Commissioner Regalado: Yes. Vice Chairman Gonzalez: I just want to pull for discussion CA.5, just for discussion. Vice Chairman Teele: CA.5 is pulled for discussion. Motion by Commissioner Sanchez on the balance of the items, including -- Vice Chairman Gonzalez: Second. Vice Chairman Teele: -- the substitute; second by Commissioner Gonzalez. Vice Chairman Gonzalez: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. 4 May 22, 2003 NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER SANCHEZ AND SECONDED BY COMMISSIONER GONZALEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton 2.1 ACCEPT BID OF MUNICIPAL EQUIPMENT COMPANY FOR PROCUREMENT OF FIREFIGHTER BOOTS, GLOVES, HELMETS AND RELATED ACCESSORIES FOR DEPARTMENT OF FIRE -RESCUE, TOTAL $171,150. RESOLUTION NO. 03-505 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF MUNICIPAL EQUIPMENT COMPANY FOR THE PROCUREMENT OF FIREFIGHTER BOOTS, GLOVES, HELMETS AND RELATED ACCESSORIES FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,050, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $171,150; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.280601.6.075. 5 May 22, 2003 2.2 ACCEPT BID OF INSTAFOTO COMPANY OF MIAMI FOR PROVISION OF FILM PROCESSING SERVICES TO BE USED CITY-WIDE; ALLOCATE FUNDS FROM BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-506 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF INSTAFOTO COMPANY OF MIAMI FOR THE PROVISION OF FILM PROCESSING SERVICES TO BE USED CITY-WIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 2.3 ACCEPT BIDS OF BEST'S MAINTENANCE AND AFTER HOURS CLEANING SERVICE, INC. FOR PROVISION OF CUSTODIAL SERVICES TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, $45,420; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-507 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF BEST'S MAINTENANCE, AND AFTER HOURS CLEANING SERVICE, INC. FOR THE PROVISION OF CUSTODIAL SERVICES TO BE USED BY VARIOUS USER DEPARTMENTS AND AGENCIES, EACH ON A CONTRACT BASIS FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $45,420, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW FACILITIES AS NEEDED, AND AS ALLOWED BY CONDITIONS OF THE BIDS; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 6 May 22, 2003 2.4 ACCEPT BIDS FROM VARIOUS VENDORS FOR PURCHASE OF MOTOROLA RADIO PARTS AND ACCESSORIES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, $158,000; ALLOCATE FUNDS FROM OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS AND AGENCIES. RESOLUTION NO. 03-508 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS FROM VARIOUS VENDORS FOR THE PURCHASE OF MOTOROLA RADIO PARTS AND ACCESSORIES TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES, ON AN ITEM -BY -ITEM, AS -NEEDED CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ESTIMATED ANNUAL AMOUNT OF $158,000, SUBJECT TO INCREASES DUE TO THE ADDITION OF NEW ITEMS AS NEEDED AND AS ALLOWED BY CONDITIONS OF THE BID; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. 7 May 22, 2003 2.5 APPROVE ASSIGNMENTS OF INTERESTS OF NOP 100 SOUTHEAST 2ND STREET TOWER AND NOP 100 SOUTHEAST 2ND STREET RETAIL, AS LESSEES, AND CITY, AS LESSOR, PERTAINING TO PROPERTY KNOWN AS NATIONSBANK TOWER, LOCATED AT 100 SOUTHEAST 2ND STREET. RESOLUTION NO. 03-509 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ASSIGNMENTS OF THE INTERESTS OF NOP 100 SOUTHEAST 2ND STREET TOWER, A LIMITED LIABILITY COMPANY AND NOP 100 SOUTHEAST 2ND STREET RETAIL, A LIMITED LIABILITY COMPANY, UNDER THE AIR RIGHTS AND RETAIL LEASES BETWEEN SAID ENTITIES, RESPECTIVELY, AS LESSEES, AND THE CITY OF MIAMI, AS LESSOR, PERTAINING TO THE PROPERTY KNOWN AS THE NATIONSBANK TOWER, LOCATED AT 100 SOUTHEAST 2ND STREET, MIAMI, FLORIDA; SPECIFICALLY APPROVING; (i) THE ASSIGNMENT BY NOP 100 SOUTHEAST 2ND STREET TOWER, LIMITED LIABILITY COMPANY, TO BLUE CAPITAL US EAST COAST REAL ESTATE, A DELAWARE LIMITED PARTNERSHIP AND ITS ANTICIPATED SUCCESSOR BY MERGER, BLUE CAPITAL US EAST COAST PROPERTIES, L.P., A DELAWARE LIMITED PARTNERSHIP, OF LESSEE'S INTERESTS UNDER THE AIR RIGHTS LEASE, (ii) THE ASSIGNMENT BY NOP 100 SOUTHEAST 2ND STREET RETAIL LIMITED LIABILITY COMPANY TO BLUE CAPITAL US EAST COAST REAL ESTATE, A DELAWARE LIMITED PARTNERSHIP AND ITS ANTICIPATED SUCCESSOR BY MERGER, BLUE CAPITAL US EAST COAST PROPERTIES, L.P., A DELAWARE LIMITED PARTNERSHIP, OF LESSEE'S INTEREST UNDER THE RETAIL LEASE, AND (iii) THE ASSIGNMENT OF THE RELATED PARKING AGREEMENTS, ALL IN SUBSTANTIALLY THE ATTACHED FORMS; FURTHER AUTHORIZING THE EXECUTION OF THE REQUIRED ESTOPPEL STATEMENTS AND ANY OTHER DOCUMENTS REQUIRED IN CONNECTION WITH SAID TRANSFER, SUBJECT TO HINES REPAIRING THE GREASE TRAP TO THE SATISFACTION OF THE CITY AND THE APPROVAL OF THE CITY ATTORNEY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES HEREIN STATED. 8 May 22, 2003 2.6 ACCEPT $280,000 SETTLEMENT IN PARTIAL SETTLEMENT OF CITY'S CLAIMS FOR CASE OF CITY VS. URBAN LEAGUE OF GREATER MIAMI, INC., ET AL., IN FULL SETTLEMENT OF CLAIMS AGAINST CITY FOR CASE OF SUNTRUST BANK OF MIAMI, N.A. VS. CITY. RESOLUTION NO. 03-510 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A SETTLEMENT, IN THE AMOUNT OF $280,000, IN PARTIAL SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. THE URBAN LEAGUE OF GREATER MIAMI, INC., ET AL. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 02-10714 CA (30) AND IN FULL SETTLEMENT OF THE CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE OF SUNTRUST BANK OF MIAMI, N.A. VS. CITY OF MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT COURT FOR MIAMI-DADE COUNTY, CASE NO. 00-26113 CA (27), PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; AND DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT 9 May 22, 2003 2.7 AUTHORIZE $1,000,000 PAYMENT TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, IN FULL SETTLEMENT OF ALL CLAIMS AGAINST CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN CASE OF CITY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION; ALLOCATE FUNDS FROM CITY'S GENERAL FUND, $195,000, HOME FUNDS, $665,417.32, CDBG FUNDS, $85,000, AND WAIVER AND RELEASE OF OUTSTANDING LIENS, $54,582.68. RESOLUTION NO. 03-511 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT IN THE SUM OF $1,000,000 TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN THE CASE OF THE CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY VS. LYRIC VILLAGE HOUSING, INC. AND ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 00-30414 CA (13), UPON DELIVERY OF A RELEASE FOR THE CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA), ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE CITY'S GENERAL FUND INDEX CODE 001.000, IN THE SUM OF $195,000, HOME FUNDS INDEX CODE 198008.063615.4.339, IN THE SUM OF $665,417.32, CDBG FUNDS INDEX CODE 799126.457275.6.979, IN THE SUM OF $85,000, AND THE WAIVER AND RELEASE OF OUTSTANDING LIENS IN THE SUM OF $54,582.68. 10 May 22, 2003 2.8 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., $30,000, FOR REPRESENTATION OF CITY IN CASES RELATED TO DEFENSE OF CITY PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY, PARK A. PARTNERS, LTD., ET AL. VS CITY, AND PATRICK MCGRATH, III VS CITY; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION NO. 03-512 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $30,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN CASES RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL. VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), PARK A. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE NO. 01-20074 CA (06), AND PATRICK MCGRATH, III VS THE CITY OF MIAMI, CASE NO. 99-23765 CA (10), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 2.9 AUTHORIZE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, $50,000; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENTS PROJECT. RESOLUTION NO. 03-513 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $50,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 344102.239501.6.250, FOR SAID SERVICES. 11 May 22, 2003 2. 10 AUTHORIZE ALLOCATION $50,000 FROM NON DEPARTMENTAL ACCOUNT FOR CONTINUED ENGAGEMENT OF LEGAL COUNSEL PLUS RELATED COSTS AND EXPENSES AND EXPERT CONSULTANT FEES FOR FORMULATION OF COMMISSION REDISTRICTING PLAN. RESOLUTION NO. 03-514 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM NON DEPARTMENTAL ACCOUNT NO. 001000.920205.6.250, FOR THE CONTINUED ENGAGEMENT OF LEGAL COUNSEL PLUS RELATED COSTS AND EXPENSES AS APPROVED BY THE CITY ATTORNEY, AND EXPERT CONSULTANT FEES FOR THE FORMULATION OF THE COMMISSION REDISTRICTING PLAN. 2.11 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH BROWN AND BROWN, INC., TOP-RANKED FIRM SELECTED AS RESULT OF COMPETITIVE SELECTION PROCESS TO PROVIDE INSURANCE BROKERAGE SERVICES, $110,000. RESOLUTION NO. 03-515 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH BROWN AND BROWN, INC., THE TOP-RANKED FIRM SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS TO PROVIDE INSURANCE BROKERAGE SERVICES, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND THE AGREEMENT FOR AN ADDITIONAL ONE-YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 515001.624401.6.650. 12 May 22, 2003 2.12 ESTABLISH CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW CHARTER OF CITY AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO REFORM AND/OR UPDATE SAID CHARTER. RESOLUTION NO. 03-516 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND RECOMMEND CHARTER PROPOSALS AND AMENDMENTS NECESSARY TO REFORM AND/OR UPDATE SAID CHARTER BY SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS, DUTIES, AND QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; AND PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS AND QUORUM, LEGAL COUNSEL, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE AND THE "SUNSET" OF SAID COMMITTEE. Vice Chairman Teele: Item CA.5 for discussion. Commissioner Gonzalez: Yes, Mr. Chairman. Mr. Manager, I have a concern on this item, and my concern is why are we using two separate companies to do the clean-up on the different City facilities? We have a company that's supposedly is taking care of the maintenance of all of our different buildings, and we have a separate company that is dedicated to the Police Department. I have a concern on the expenditure, if this is costing us more, if this is costing us less, and my second concern is, if we're running two different governments within one government? Joe Arriola (City Manager): Can you explain to him why we go to the different contracts? Glenn Marcos: Good morning, Commissioners. Glenn Marcos, Purchasing director. Basically, what we have here is that the actual need for custodial services were identified at two different times, and therefore, the Police Department came to us with this need, and at that particular point in time, we did bid this thing out. We bid out the actual contract. Nevertheless, if we would have combined the actual custodial services, the end result probably would have been the same because the actual method of award would have been on a group -by -group basis. Mr. Arriola: The issue here, Commissioner, is that the reason we use separate vendors, if we were to kind of put all the contracts together for one vendor, the possibilities of minority-owned companies and smaller firms to get a large contract like that would be very, very hard. Commissioner Gonzalez: OK. That -- you know, now you're giving me the answer that was given to me yesterday, and -- you know, and I hear two answers, and I support a hundred percent. If this is your initiative, Mr. Manager, I support a hundred percent that to employ not only two company, ten companies, if necessary, in order to make sure that all minorities -- Mr. Arriola: Yes, sir. 13 May 22, 2003 Commissioner Gonzalez: -- all minorities in this City participate in our share of work, so if that is the case -- Mr. Arriola: That is the case. Commissioner Gonzalez: -- then that answers my concerns, and the cost is going to -- is the same cost. Mr. Arriola: Yes. Commissioner Gonzalez: I mean, we're not incurring more costs -- Mr. Arriola: No. Commissioner Gonzalez: -- because the Police Department is doing a separate -- Mr. Arriola: No, sir. It's just -- Commissioner Gonzalez: -- deal? Mr. Arriola: -- happens that, you know, it's a large department, and you know, we break it down in different areas, and just so happen that this company, it takes care of the Police Department. That is nothing out of the ordinary, other than, we do it to really help minority companies to get contracts. Commissioner Gonzalez: If that is the case, I'm all right with it. I'm all right with it. Vice Chairman Teele: Would you Move item CA.6? Commissioner Gonzalez: Move item CA -- Vice Chairman Teele: CA. 5, I'm sorry. Commissioner Gonzalez: -- CA.5. Commissioner Sanchez: Second. Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: Those opposed have the same right. 14 May 22, 2003 The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-517 A RESOLUTION OF THE MIAMI CITY COMMISSION INCREASING THE CONTRACT WITH RD WINDOW AND CARPET CLEANING, INC., IN THE AMOUNT OF $44,270 THEREBY INCREASING THE ANNUAL AWARD AMOUNT FROM $273,192 TO $317,462, AND THE TOTAL CONTRACT AMOUNT FROM $819,462 TO $953,386, FOR PROVISION OF CUSTODIAL SERVICES FOR THE POLICE DEPARTMENT'S HEADQUARTERS BUILDING, NORTH AND SOUTH SUBSTATIONS, SATELLITE OFFICES (MARINE PATROL, MOUNTED UNIT, AND DAVID HERRING CENTER), MINI -STATIONS (OMNI, OVERTOWN, EDGEWATER AND NORTHEAST) AND AUTO POUND, SAID INCREASE IS NECESSARY TO INCLUDE THE FLEET SERVICE CENTER TRAILER, BICYCLE DETAIL OFFICE, DOWNTOWN MINI -STATION, AND THE NEW INTERNAL AFFAIRS SECTION FACILITY; ALLOCATING FUNDS THEREFORE FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.340; FURTHER AMENDING RESOLUTION NO. 02-1155, ADOPTED OCTOBER 29, 2002, TO REFLECT SAID INCREASE. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton 3. SPECIAL FOUR/FIFTHS VOTE CONSENT AGENDA. Vice Chairman Teele: Now, CA.6, what happened on that? Somebody withdrew that? Alejandro Vilarello (City Attorney): It's deferred. Commissioner Regalado: Yeah, it was deferred to the next meeting. Vice Chairman Teele: To the next meeting? Commissioner Regalado: Yes. 15 May 22, 2003 Vice Chairman Teele: All right. On special four/fifths consent item, which has been deferred a hundred times -- Commissioner Regalado: Yes, sir. Vice Chairman Teele: -- is there anybody that's got any unreadiness on this item? If not, I'd like to move it, if any -- Commissioner Gonzalez: I'll move the item. Commissioner Regalado: Which one? Vice Chairman Teele: This is special consent item number 1 through 68. This is the clean up of the -- this is all ratifications of actions taken. We can't do anything but approve it and -- I mean, it's done; the money's spent, and the Manager, at the time, not this Manager, but a previous Manager's -- Commissioner Regalado: I'll move it. Vice Chairman Teele: It's been moved by Commissioner Gonzalez, second by Commissioner Regalado. Commissioner Sanchez: Discussion. Vice Chairman Teele: Discussion. Commissioner Sanchez: Mr. Chairman -- Vice Chairman, I realize that this is an after -the -fact approval of millions of dollars, and I realize that the deed has already been done, but I just would like to get an assurance from the current Manager and his department heads that this kind of spending, under these kinds of conditions, shall never happen again in this city, because really, it puts us in a very awkward position to be approving $20 million, and although we've had the opportunity to review all these items, and this administration -- current administration had nothing to do with that, still it's something that we did the right thing by deferring it several times to really look at the expenditures and vote on it, because we have to vote on it. It's money that's already spent, but I think, in good kindness here and acting in a professional manner, is that we need to get that assurance from the current administration now that this will not happen again. Vice Chairman Teele: All right. Would you raise -- stand and raise your right hand? Commissioner Regalado: You solemnly swear. Commissioner Sanchez: Mr. Manager. Joe Arriola (City Manager): You know that this was a surprise that I received -- Commissioner Sanchez: You inherited, I understand that. 16 May 22, 2003 Mr. Arriola: -- a few days, and that's why I put it all together and brought it up, because I was as shock as you are. I promise you that the only thing that will make an emergency is when it's truly, truly an emergency, which is why it exists. It was abused. You know it was abused. It's behind us. In going forward, I can assure you that I will only bring an emergency purchase when it's really, really necessary. Commissioner Sanchez: All right. Vice Chairman Teele: Madam Clerk, call the roll. It's unanimous. THEREUPON, ON MOTION DULY MADE BY COMMISSIONER GONZALEZ AND SECONDED BY COMMISSIONER REGALADO, THE SPECIAL CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Chairman Johnny L. Winton 3.1 RATIFY, APPROVE AND CONFIRM MANAGER'S FINDINGS OF EMERGENCIES, WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES FOR: EMERGENCY REPAIR AT COCONUT GROVE CONVENTION CENTER - FLOOR IN MAIL HALL. RESOLUTION NO. 03-518 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 17 May 22, 2003 3.2. EMERGENCY REPAIRS AT ORANGE BOWL STADIUM - PRESS BOX OVERHANG. RESOLUTION NO. 03-519 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.3 EMERGENCY A/C AIR HANDLERS REPLACEMENT AT COCONUT GROVE CONVENTION CENTER. RESOLUTION NO. 03-520 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.4 EMERGENCY REPAIRS AT MANUEL ARTIME CENTER. RESOLUTION NO. 03-521 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 18 May 22, 2003 3.5 REVISED COST ESTIMATES FOR COCONUT GROVE CONVENTION CENTER RENOVATIONS OF RESTROOMS. RESOLUTION NO. 03-522 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.6 EMERGENCY REPAIRS - MARINE STADIUM MARINA BATHROOMS. RESOLUTION NO. 03-523 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.7 EMERGENCY PURCHASE ORDER - FLOATING DOCK INSTALLATION AT MARINE STADIUM MARINA. RESOLUTION NO. 03-524 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 19 May 22, 2003 3.8 EMERGENCY REPAIRS AND RENOVATIONS TO BATHROOMS AT DINNER KEY MARINA. RESOLUTION NO. 03-525 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.9 VIRRICK WATER SPORTS CENTER FLOATING DOCK PROJECT - INCREASE IN CONTRACT. RESOLUTION NO. 03-526 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.10 STORMWATER PUMP STATION MAINTENANCE RESOLUTION NO. 03-527 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 20 May 22, 2003 3.11 BUENA VISTA RESTROOMS BUILDING PROJECT, B-6333. RESOLUTION NO. 03-528 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.12 ORANGE BOWL ELEVATORS REHABILITATION PROJECT, B-3268. RESOLUTION NO. 03-529 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.13 PARK LIGHTING PROJECTS AT SOUTHSIDE, JOSE MARTI, RIVERSIDE, ROBERT KING HIGH, REEVES, CORAL GATE AND WILLIAMS PARKS. RESOLUTION NO. 03-530 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 21 May 22, 2003 3.14 ORANGE BOWL STADIUM UPPER TRUSSES EMERGENCY REPAIRS. RESOLUTION NO. 03-531 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.15 MANUEL ARTIME CENTER EXTERIOR PAINTING. RESOLUTION NO. 03-532 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.16 INCREASE CONSTRUCTION CONTRACT FOR KENNETH MYERS PARK PUBLIC BOAT RAMP PARKING, B-6316. RESOLUTION NO. 03-533 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 22 May 22, 2003 3.17 EMERGENCY ROOF REPLACEMENT AT COCONUT GROVE CONVENTION CENTER. RESOLUTION NO. 03-534 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.18 INCREASE IN PROFESSIONAL SERVICES CONTRACT WITH LAURA PEREZ & ASSOC. INC. FOR VIRRICK PARK COMMUNITY CENTER PROJECT. RESOLUTION NO. 03-535 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.19 OVERTOWN SHOPPING CENTER ROOF REPLACEMENT PROJECT, B-6371. RESOLUTION NO. 03-536 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 23 May 22, 2003 3.20 GSA BUILDING ROOF REPLACEMENT, B-6364. RESOLUTION NO. 03-537 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.21 INCREASE IN CONTRACT FOR DINNER KEY BOATYARD MARINA DOCKS PROJECT, b -1088B. RESOLUTION NO. 03-538 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.22 DRAINAGE INLETS AND PIPES -SEDIMENT REMOVAL PHASES I AND II. RESOLUTION NO. 03-539 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 24 May 22, 2003 3.23 SUPPLEMENTAL WORK - REPAIRS AT MANUEL ARTIME CENTER. RESOLUTION NO. 03-540 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.24 NORTHWEST 17TH AVENUE PARKING LOT. RESOLUTION NO. 03-541 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.25 AMENDMENT TO EMERGENCY CONSTRUCTION CONTRACT FOR CITYWIDE LOCAL DRAINAGE PROJECT, E-76, B-5647. RESOLUTION NO. 03-542 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 25 May 22, 2003 3.26 INCREASE IN CONTRACT - BLISS & NYITRAY INC. FOR ORANGE BOWL STADIUM. RESOLUTION NO. 03-543 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.27 INCREASE IN CONSTRUCTION CONTRACT FOR VIRRICK COMMUNITY CENTER PROJECT. RESOLUTION NO. 03-544 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.28 RENOVATIONS OF EXISTING SHELTER RESTROOMS AND MISCELLANEOUS SITE WORK AT VIRRICK PARK. RESOLUTION NO. 03-545 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 26 May 22, 2003 3.29 RE -ALLOCATION FOR WAGNER CREEK - PHASE I AND II. RESOLUTION NO. 03-546 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.30 INCREASE TO CONSTRUCTION CONTRACT FOR DOWNTOWN STORM SEWERS PROJECT, B-5631. RESOLUTION NO. 03-547 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.31 INCREASING AMOUNT OF CONTRACT BY $70,000 WITH METRO EXPRESS, INC. FOR B-4646, CITYWIDE CURB AND GUTTER REPLACEMENT. RESOLUTION NO. 03-548 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 27 May 22, 2003 3.32 INCREASE IN CONTRACT WITH GREATER CARIBBEAN ENERGY AND ENVIRONMENT FOUNDATION. RESOLUTION NO. 03-549 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.33 EATON PARK DAYCARE CENTER EMERGENCY INCREASE IN CONTRACT. RESOLUTION NO. 03-550 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.34 ANTONIO MACEO PARK INCREASE IN CONTRACT. RESOLUTION NO. 03-551 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 28 May 22, 2003 3.35 LEMON CITY DAYCARE CENTER, B -6272-A. RESOLUTION NO. 03-552 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.36 RENOVATIONS OF HISTORIC STRUCTURES AT LUMMUS PARK. RESOLUTION NO. 03-553 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.37 INCREASE IN AMOUNT OF CONTRACT WITH METRO EXPRESS, INC. BY $130,000 FOR CURB AND GUTTER REPLACEMENT CITYWIDE. RESOLUTION NO. 03-554 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 29 May 22, 2003 3.38 MIAMI HIGH SCHOOL BUNGALOW RELOCATION AND STABILIZATION PROJECT. RESOLUTION NO. 03-555 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.39 POLICE DEPARTMENT HEADQUARTERS ELEVATORS REFURBISHING. RESOLUTION NO. 03-556 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.40 CITYWIDE STORM WATER PUMP STATIONS EMERGENCY REPAIRS. RESOLUTION NO. 03-557 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 30 May 22, 2003 3.41 INCREASE IN WEST END STORM SEWER, PHASE II, OUTFALL RECONSTRUCTION PROJECT, B-5668. RESOLUTION NO. 03-558 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.42 CITYWIDE LOCAL DRAINAGE PROJECT, E-78, B-5669. RESOLUTION NO. 03-559 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.43 SUPPLEMENT TO EMERGENCY FINDING FOR CITY COMMISSION CHAMBERS PROJECT. RESOLUTION NO. 03-560 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 31 May 22, 2003 3.44 REVISION TO EMERGENCY FINDING TO PROVIDE OFFICE OF COMMUNICATION PRODUCTION FACILITIES. RESOLUTION NO. 03-561 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.45 EMERGENCY CONTRACT EXTENSION - JACKSON MEMORIAL HOSPITAL. RESOLUTION NO. 03-562 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.46 EMERGENCY PURCHASE - WATER PUMPS. RESOLUTION NO. 03-563 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 32 May 22, 2003 3.47 EMERGENCY PURCHASE - FIREFIGHTING HOSES. RESOLUTION NO. 03-564 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.48 EMERGENCY ROOF REPLACEMENT - FIRE STATION NO. 3/GARAGE COMPLEX. RESOLUTION NO. 03-565 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.49 EMERGENCY PURCHASE ORDER FOR CONSTRUCTION OF A MOTOROLA EQUIPMENT ROOM. RESOLUTION NO. 03-566 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 33 May 22, 2003 3.50 EMERGENCY PURCHASE ORDER FOR STEPMILLS & TREADMILLS - FIRE RESCUE DEPARTMENT, BID NO. 01-02-273. RESOLUTION NO. 03-567 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.51 EMERGENCY PURCHASE ORDER FOR BASIC ARCHITECTURAL/ENGINEERING AND COST ESTIMATING SERVICES FOR EMERGENCY OPERATIONS CENTER CITYWIDE PROJECT. RESOLUTION NO. 03-568 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.52 EMERGENCY PURCHASE ORDER INCREASE AND CONTRACT EXTENSION - RO ARCHITECTS AND PLANNERS, INC., - RENOVATIONS AT FIRE STATION NO. 1. RESOLUTION NO. 03-569 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 34 May 22, 2003 3.53 EMERGENCY REPAIRS AT HADLEY OLYMPIC POOL. RESOLUTION NO. 03-570 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.54 EMERGENCY ROOF REPAIRS AT WEST END PARK. RESOLUTION NO. 03-571 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.55 EMERGENCY INSTALLATION OF PLAYGROUND AND PARK EQUIPMENT AT VARIOUS CITY PARKS. RESOLUTION NO. 03-572 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 35 May 22, 2003 3.56 EMERGENCY REPAIRS AT GIBSON AND CURTIS PARKS. RESOLUTION NO. 03-573 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.57 EMERGENCY PICKET FENCE AND GATES AT ANTONIO MACEO PARK. RESOLUTION NO. 03-574 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.58 RENOVATION OF HISTORIC STRUCTURES AT LUMMUS PARK. RESOLUTION NO. 03-575 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 36 May 22, 2003 3.59 KIRK MUNROE TENNIS BUILDING EMERGENCY INCREASE IN CONTRACT. RESOLUTION NO. 03-576 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.60 SIMPSON PARK BUILDING AND ROOF RENOVATIONS. RESOLUTION NO. 03-577 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.61 FURNISHING AND INSTALLATION OF NEW LIGHTING AT MOORE PARK, B- 6411. RESOLUTION NO. 03-578 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 37 May 22, 2003 3.62 LOT CLEARING SERVICES IN MODEL CITY HOMEOWNERSHIP ZONE. RESOLUTION NO. 03-579 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.63 CORAL WAY NET SERVICE CENTER ROOF REPAIRS AND A/C REPLACEMENT. RESOLUTION NO. 03-580 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.64 SURVEYING BILLBOARD/SIGNAGE LOCATIONS IN CITY. RESOLUTION NO. 03-581 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 38 May 22, 2003 3.65 INCREASE TO PROFESSIONAL SERVICES AGREEMENT FOR EXECUTIVE SEARCH FIRMS. RESOLUTION NO. 03-582 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.66 EMERGENCY PROCUREMENT OF CUSTOMER SATISFACTION SURVEY SERVICES. RESOLUTION NO. 03-583 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 3.67 CORPORATE SYSTEMS CONTRACT. RESOLUTION NO. 03-584 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. 39 May 22, 2003 3.68 EMERGENCY PURCHASE OF LIGHT POLES & FIXTURES FOR LUMMUS LANDING PROJECT; ALLOCATE FUNDS FROM BUDGET OF VARIOUS USER DEPARTMENT ACCOUNTS. RESOLUTION NO. 03-585 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDINGS OF AN EMERGENCY(S), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AS DESCRIBED ON THE EXHIBIT(S) ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE BUDGETS OF VARIOUS USER DEPARTMENT ACCOUNTS. Vice Chairman Teele: And Mr. Manager, the only thing that I would say in total support of what Commissioner Sanchez has just said is that those things that are operational necessities, such as things, for example, in -- when we're doing what the private sector would otherwise be doing, such as maybe dock -- the lights are out at a dock, or an elevator's needed at Bayfront Trust or at the Arena, or one of our commercial venues, I would hope that you would do what needs to be done to maintain the operational, but again, this is -- but the real issue to me is the timeliness, and I'm not certain, Commissioner Sanchez -- and acknowledging the presence of a limping Chairman hobbling and hopping -- I'm not certain that we should not look at legislation to require that these matters be presented to the Commission within 120, or 180, or some days. You know, if they don't do it, then what? But the fact of the matter is, there needs to be a check and balance system, and -- are these things signed off by the Attorney, as well, these expenditures? Note for the Record: Chairman Winton entered at 9:48 a.m. Alejandro Vilarello (City Attorney): We sign off with regard to the declaration of emergency, but the Code requires it to come to the City Commission before the expenditure and at the next meeting. Obviously, that didn't take place. Vice Chairman Teele: Currently, the Code already requires it at the next meeting? Mr. Vilarello: Yes, yes. Vice Chairman Teele: Well, maybe that kind of executive order or statement should be issued by the Manager to the department heads underscoring -- Mr. Manager, would you consider issuing a notice to department heads that these things need to be presented, and waiving your rules on getting things on the agenda, because apparently, you all have some complex rules on getting things on the agenda, but -- Mr. Vilarello: Before the Manager responds, one of the problems that staff is facing is the declaration of emergency is within the discretion of the Manager, but getting it on the next 40 May 22, 2003 agenda is a cumbersome process. Perhaps, the Commission would accept or -- from the Manager that he could bring those items up as pocket items, if he's declared an emergency, and then it can actually come up at the meeting and he'll distribute them as soon as he makes the decision. Vice Chairman Teele: Well, really, that's what pocket items should be; are those kinds of things, and perhaps, not the things we do. Commissioner Sanchez, did you have a thought before the Manager responded? Commissioner Sanchez: Yeah. Well, the true -- what's the definition of an emergency? I mean because -- I mean, fixing a roof of a fire station or a public facility that might fall on people, that's a true emergency. Going out and spend -- buying a hundred vacuum cleaners, that's not an emergency, so I'm just comparing what's true an emergency, because at the end of the day, the Administration buys it; we have to ratify it based on an emergency, and we need to know, truly, what is the true definition of an emergency, and so, you know, we're put in a situation here that I, for one, want to put on the record -- I'm not comfortable with it -- I'm supporting it because I had a plenty of time to review, and for the sake of harmony and moving forward, I think we have to put a closure to this item or else it's going to be on the agenda for the next couple of years, but the bottom line is that we basically need to identify what's the true meaning of the word "emergency." Mr. Vilarello: The deaf -- the Code gives the Manager a broad discretion, but the definition of emergency is that which is addresses the health, safety, and welfare of the City. That's a relatively broad, but it is within the discretion of the Manager. By the way, that only waives the competitive process. It doesn't waive the expenditure -- the authorization for the expenditure. There's only one provision that allows for that, for the Manager to actually expend funds without Commission approval, and that is under -- Vice Chairman Teele: Natural. Mr. Vilarello: -- anything that FEMA (Federal Emergency Management Agency) will pay for, kind of national emergency designation. Vice Chairman Teele: Mr. Manager. Mr. Arriola: Yes, sir. No. Basically, they've answered all the questions. I could assure you, again -- I mean, I'm only going to bring an emergency -- and I'll be delighted to bring as pocket item, if that's your wish, because I know what an emergency is, and obviously, by looking at the $20 million -list, there was not a lot of emergencies there. Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: Mr. Chairman, welcome. We know you're here, and what I'd like to do is advise you that one of my colleagues, Commissioner Regalado, is going to have to leave with you coming in pretty much, and we'd like to try to do his blue pages, if that's OK with you, before he leaves -- 41 May 22, 2003 Chairman Winton: Sure. Vice Chairman Teele: -- and any other item that you have. Chairman Winton: And could I make a comment on this issue? I've thought a lot about this -- and my comments are not directed to this City Manager because he's the one that found the mess and -- Commissioner Sanchez: Inherited. Chairman Winton: -- and inherited the mess, and it goes back a long way -- but as our responsibility as policymakers and as overseers of the policy, I had this sense, and it could be wrong and I'm -- but I had this sense that it seems to me that there's got to be a penalty phase in this kind of thing. Yes, we have one penalty we could execute relative to bad performance of the Manager, and that is firing him. Should not always want to fire the Manager, you know, but this is a serious issue and $19 million worth of this stuff that we have zero say over because it's been spent is not -- is just not tolerable, and so I'm wondering if we shouldn't introduce some new procedure that penalizes the Manager, as an example. If the Manager doesn't catch this kind of thing, and he spends money on an emergency basis, and it isn't brought before this Commission within three months or six months, some relatively finite period of time that isn't forever, but long enough to give them time to do whatever they need to do to be organized, then maybe his pay out to be docked a week, then you've got some incentive to -- Mr. Arriola: You've got to wrong Manager, though. Chairman Winton: That's right -- Commissioner Gonzalez: You've got a problem. Chairman Winton: -- and it isn't -- Commissioner Gonzalez: The Manager is not getting paid. Chairman Winton: And this isn't for you, but it's for the managers; the next one, and the next one, and the next one, because -- Vice Chairman Teele: You want to deduct pay? Chairman Winton: Yeah, I would. If it were my employee, I can tell you, there would be hell to have paid for this kind of thing, and docking pay is one of the things that I certainly would have done, so I'm nervous about just kind of saying, "Well, you know, it's spent and there's nothing we can do," and the fact of the matter is, I don't think we will ever have this issue with Joe Arriola, ever, but Joe's not going to be here forever. By his own admission, this isn't a new career path for him. You know, this is -- he's here to help us make some -- to reengineer our city, and then he's going to go on and build another empire, another major fortune, which I'm 42 May 22, 2003 thrilled that he's going to do, but we'll get another manager, and we'll be -- and it will be this Commission still, because in our lifetime, I think, my guess is, Joe's not going to be here through our full terms here, so we'll have to deal with this issue again, and I just think -- and I don't think we have to make a decision about it today, but I would offer this up as a suggestion and like for you all to think about it, and we can bring it back and talk about it again. That's my thought. Vice Chairman Teele: Mr. Chairman -- Mr. Arriola: Mr. Chairman. Vice Chairman Teele: -- I'm in total agreement with the thought that leaving it here by asking Joe to commit really doesn't address the underlying systemic problem. It's not a problem of Joe; it's a problem of the nature of the beast, and really, in many ways, it's not the Manager; it's the department heads that the Manager has to delegate and give them enough authority, but you're right, there has to be a price to be paid by someone, and maybe we should ask the Manager, and the Attorney, and the Auditor General to collaborate on this and to come back with a -- Chairman Winton: There's a good idea. Vice Chairman Teele: -- recommendation and an ordinance that could do this, because it really should somewhere get to the department heads that created, as well, and I'll just say this -- and where is Shorty, because I don't like saying things behind people's back? Chairman Winton: Well, he's watching on TV (television). Vice Chairman Teele: He's watching it? Shorty, are you watching? Chairman Winton: So that's to his face. Here he comes. Vice Chairman Teele: Just want to say hi to you, Shorty. Mr. Manager, for some reason, there is a real culture problem in the Fire Department related to emergency items. I mean, I have not -- if you go through this -- I mean, we have bought tires, beds, and certainly beds are important to people whose homes are sleeping, and if the bed breaks, you know, et cetera, et cetera, et cetera, and any number of expendable kinds of items, off-the-shelf kinds of items, and I think somewhere along the line, a culture got created in the Fire Department that anything that the Fire Department needs, because it is an emergency department, is a procurement by emergency, and I would hope that you all would look closely with -- and work with the Fire Department, not in a punitive way, but in a positive way, because my observation for three years or so was that the vast majority of the emergency procurements that I questioned were from the Fire Department, and conversely, from the department of conventions -- what do you call that thing? -- conventions -- but most of the things that the convention people were buying were marina kind of things, and how do you quarrel with something when you're, quote, "running like a business," when you need lights, or you need those kinds of fixtures that are associated with running a business that government, you know, may or may not be in, but we're in, and so not to single those two departments, but to say that -- I think there's a culture issue in the Fire Department that really needs to be positively worked out, not in a punitive way, but just in a way of educating the 43 May 22, 2003 procurement process in the Fire Department, and I just wanted to say that with Shorty being present, because I didn't want to say it and then it -- Chairman Winton: Do we have any other -- Mr. Arriola: We have discussed that. Chairman Winton: -- points on this subject? Commissioner Regalado -- Vice Chairman Teele: Final action's been taken. Chairman Winton: -- do you have to leave before -- OK. Mr. Arriola: Commissioner -- Commissioner Regalado: Mr. Chairman. Mr. Arriola: Commissioner, can I say one thing? Chairman Winton: Yes, sir. Mr. Arriola: I want to know what bet you made to -- on the date that I was -- I'm supposed to leave here, sir. Chairman Winton: What -- Mr. Arriola: I mean, I just want to make sure that if you've made abet, I would be -- Chairman Winton: Oh, the bet on the date. Mr. Arriola: -- accommodating and leave on that -- Commissioner Regalado: And you have lunch with you know who. Chairman Winton: I bet that it would be longer than any of the bets that were in the article. Mr. Arriola: Well, good -- Chairman Winton: That's what I bet. Mr. Arriola: Well -- Chairman Winton: I bet that they were all wrong. Mr. Arriola: let me give you some good news and/or bad news, whichever way you want to take it. I really like this job. 44 May 22, 2003 Chairman Winton: There you go. Mr. Arriola: I have no intention of leaving this job, and I'll stay here until you guys get rid of me. Chairman Winton: Now, that's a whole new statement. Mr. Arriola: Yes, sir. I'm really enjoying this. Chairman Winton: OK. Well, that means we really -- Mr. Arriola: This is really going good. Chairman Winton: -- have to put this penalty phase in place. Mr. Arriola: Don't do it with the money, though. 4. DEFER CONSIDERATION OF PROPOSED FUNDING OF "DO THE RIGHT THING' PROGRAM, $105,000, TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 12, 2003. Chairman Winton: Commissioner, I'd like to -- we have the -- a time certain of -- Commissioner Regalado: Right, and I was going to say that. I was going to say that I know that you have a time certain. As Commissioner Teele said, my son is graduating now -- Chairman Winton: Oh, cool. Commissioner Regalado: -- so I wanted to say, first, that I really support the downtown master plan that you're leading, and I want my vote to show that I am supporting that. I would love to get a report so I can see it in detail, as you're going to see it, and I -- first of all, I'd like to, before I go, to defer item 20, because the response that I have from the Manager's office -- through the Manager's office from the police is not precise, or actually, it did not explain to me exactly. Chairman Winton: So we have a motion and a second on deferral of 20. Commissioner Gonzalez: Second. Chairman Winton: We got a motion and a second. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. 45 May 22, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-586 A MOTION TO DEFER CONSIDERATION OF PROPOSED FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT OF $105,000, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 12, 2003. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: And the second, if that -- if -- Alejandro Vilarello (City Attorney): That's to the next meeting? Commissioner Regalado: I have -- Mr. Vilarello: To the next meeting? Commissioner Regalado: Next meeting, yes. I withdrew item A, and if you allow me in the afternoon, I can do my other items, and then I'll leave you. Chairman Winton: But -- by the way, I was going to say that I really would have enjoyed you to hear the presentation. I don't mind doing your blue page items now, if you would like, and they had a technical glitch anyhow; probably won't be here for 15 more minutes, and I will direct the consultants and staff to set up an appointment with you afterwards to come give -- Commissioner Regalado: Right. Chairman Winton: -- you the presentation. Commissioner Regalado: That would be -- Chairman Winton: It I'll take -- 46 May 22, 2003 Commissioner Regalado: That would be great. Chairman Winton: -- 30 minutes of your time. Commissioner Regalado: Right. No, no. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: No. Chairman Winton: And the reason I have to do it in the morning is we also have to go before the MPO (Metropolitan Planning Organization) this afternoon and give a presentation on this plan, as well, so -- Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: Also, Item 21, I would like to take that item up in the afternoon, when we have a full Commission. Chairman Winton: No problem. Commissioner Gonzalez: Thank you. Chairman Winton: If we happen to get that far, which I doubt we will, remind me again, and I'll make sure we don't take that item up. Commissioner Gonzalez: Right. Chairman Winton: OK. Commissioner Regalado: OK, so I really have to leave now -- Chairman Winton: Oh, OK. I'm -- Commissioner Regalado: -- but what I was going to ask you, if you'll give me some time in the afternoon to do that blue pages? Chairman Winton: Absolutely. Commissioner Regalado: Thank you. Chairman Winton: And tell your son congratulations. Vice Chairman Teele: Congratulations. 47 May 22, 2003 Chairman Winton: Right. We've done the consent agenda, Commissioner? Vice Chairman Teele: Yes, sir. 5. TABLED: REQUEST BY OPERATION GREEN LEAVES CONCERNING WAIVER OF FEES FOR EVENT TO BE HELD AT LEGION PARK ON JUNE 28, 2003 (See #25). Chairman Winton: So, would you all like to start on other blue pages, or do you want to go straight to the regular agenda, so I can get (UNINTELLIGIBLE)? Vice Chairman Teele: Why don't we take the citizens' participation? Chairman Winton: Let's see. Commissioner Sanchez: The pub -- Vice Chairman Teele: Personal appearances -- Commissioner Sanchez: Personal appearances. Vice Chairman Teele: -- 2, 3, 4, 5. Is Ms. Patrice here, Nadine? Patrice. Mr. Chairman, I would move Item 2. This is the August Fest activity, and Nadine is walking in the door now, and -- What's the total cost of the fee waiver we're asking for, Nadine? Nadine Patrice: Seven -- 6,700. Vice Chairman Teele: Not to exceed $7,000 of fee -- Priscilla A. Thompson (City Clerk): Can we get the name on the record, please? Vice Chairman Teele: Your name, please. Ms. Patrice: My name is Nadine Patrice, and I'm with Operation Green Leaves. Chairman Winton: And we need your address, too, please. Ms. Patrice: 221 Southwest 22nd Avenue, Suite 204. Vice Chairman Teele: It has the Manager's recommendation for approval, so move. Chairman Winton: We have a motion and a -- Commissioner Gonzalez: Second. Chairman Winton: --second. Discussion. Yes, sir. 48 May 22, 2003 Joe Arriola (City Manager): Do you mind delaying a personal appearance for about 15 minutes, especially for the special events, so I can get a correct balance in the bank account of what we have left? Chairman Winton: Sure. Mr. Arriola: It would be really appreciated. Chairman Winton: I think that's real important. Mr. Arriola: OK. Commissioner Sanchez: Well -- Mr. Arriola: Fifteen minutes. Commissioner Sanchez: -- may I? Chairman Winton: Yes, sir. Commissioner Sanchez: We have a memorandum here from you, Mr. City Manager, saying that the special funds have been depleted, and it shows a deficit of $44,923; is that correct? Larry Spring: Mr. Chair, Larry Spring, chief of Strategic Planning, Budgeting & Performance. That -- those numbers are based on the ordinance that had been passed. We wanted to get another look at the numbers because there may be savings on certain items -- events that were already appropriated, where the total amount that was appropriated was not spent. Commissioner Sanchez: And you're assuming that's it's more than $44,000? Mr. Spring: No, no, no. In that -- the spread sheet that you have, the total -- the negative total is the beginning balance, minus all the appropriations. Within the appropriations there are waivable fees, which are not hard dollar costs, so if you look at the ending number, the 1,699, it's the net of the two. Commissioner Sanchez: OK, and that's -- Mr. Spring: So, it's not a -- Commissioner Sanchez: -- a thousand -- Mr. Spring: -- deficit of 44,000. Commissioner Sanchez: OK, so it's a deficit of 1,069 [sic]? 49 May 22, 2003 Mr. Spring: A projected -- Commissioner Sanchez: A projected deficit -- Mr. Spring: --deficit. Commissioner Sanchez: -- of a thousand -- OK. All right. Mr. Spring: But we want to take a look at the hard actual spent dollars, so that we could be certain that there may be some savings where we can actually go ahead and approve all these items today. Commissioner Sanchez: OK. Vice Chairman Teele: Mr. Director, Mr. Manager, waivable fees, I thought, came from the department's budget. Mr. Spring: Exactly right. It's not -- there is no -- Vice Chairman Teele: There's no cash -- Mr. Spring -- cash impact, but -- Vice Chairman Teele: Yeah. Mr. Spring: -- it's approved as part of the -- as a part of the ordinance. Vice Chairman Teele: And, again, the item that I'm moving has no cash in it. It's a waivable -- Mr. Spring: OK. Vice Chairman Teele: -- fees, just so that the record's clear. Chairman Winton: But do you want to wait for 15 minutes on this issue? Vice Chairman Teele: We'll wait and -- Chairman Winton: Yeah, and get them all. Vice Chairman Teele: -- get the full report. Chairman Winton: OK. Thank you, Nadine. We'll -- Mr. Spring: Thank you. 50 May 22, 2003 Chairman Winton: -- be back to this issue in 15 minutes. Thank you, and are all of the -- essentially, all of the personal appearances are the same thing, so we'll put all of those off, and you all -- Mr. Manager, you'll let me know when you all are ready? Mr. Arriola: Yes, sir. Chairman Winton: OK. 6. ADOPT AMENDMENTS TO MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN: (1) EXHIBIT 8.2 -CBD AREA IMPROVEMENTS: ADVANCING FROM PHASE 2, IMPLEMENTATION BY YEAR 2015 TO PHASE 1, YEAR 2010 "CONSTRUCT NEW TUNNEL UNDER MIAMI RIVER AT S.W. 1sT AVENUE;" AND (2) EXHIBIT 8.3- OMNI/OVERTOWN/PARK WEST AREA IMPROVEMENTS: ADVANCING FROM PHASE 3, IMPLEMENTATION BY YEAR 2020 TO PHASE 1, YEAR 2010, "DEPRESS I- 395 TO PROVIDE GRAND BOULEVARD." ADOPT MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN TO PROVIDE TRANSPORTATION IMPROVEMENTS FOR FUTURE DEVELOPMENT AND PRESERVATION OF DOWNTOWN MIAMI AREA. Chairman Winton: And would Joe let me know when the transportation presentation is ready? They're ready? Do you all mind if we take that up? OK. You all want to get ready? Do you have anything you have to hook up that's going to take any time? Frank Baron: We're ready to go. It's (INAUDIBLE). Chairman Winton: OK. Vice Chairman Teele: Before you start. Mr. Manager, the McDuffie event wasn't a fee waiver; that was -- this is reflected as cash. Anyway, I'll come over and talk to you. Chairman Winton: While the consultants are getting ready, I'd like to say a few things about the Downtown Master Transportation Plan. Is Commissioner Teele still here? Yeah. I want to wait for him. Commissioner Teele, I want to publicly acknowledge and personally thank you for your involvement in this process. I want to remind the public, we started this master planning process at least two and a half years ago, maybe a little longer, more like three, and I remember the very first action I tried to take as a Commissioner, and I was up here kind of shaking because I wasn't sure what you could do and couldn't do, but I wanted to -- the Florida Department of Transportation wanted to replace the bridge in front of the City's administration building with another bridge, and being a downtown property owner for years, I recognized the folly of replacing more bridges when what we really needed was a tunnel, because as business continued to develop and grow on the river, which expanded the use of the river, and as business continued to expand and grow in downtown and Brickell, thereby, increasing traffic trying to get back and forth between downtown and Brickell, and having a relatively shallow river meant that there was only one real solution to preventing long-term gridlock that could occur in a short time frame, and that was to build a tunnel as opposed to replacing that bridge, so I started a battle to block 51 May 22, 2003 the development of the bridge, which had already been designed, fully designed, all the engineering studies done, environmentals, everything done; had been fully designed, and FDOT (Florida Department of Transportation) was ready to send it out for bid and -- within a month, and I'm kind of the Johnny -come -lately trying to blow up that process and wasn't happy that I had to do that, but felt strongly that we needed to. Commissioner Teele came to the rescue and suggested that we might take a different approach, and agreed with me, frankly, with a lot of folks over at the County, that we did need a tunnel, but maybe there was a different way to get at this whole issue, and a suggestion came out of a meeting at County Hall, where there were probably 40 or 50 people, with probably only Commissioner Teele and I thinking we needed a tunnel, and the suggestion was that the City and the County would work as partners to identify an alternate site for a tunnel other than the site which was where that bridge was, and if they could come up with that alternate site, we would give them the approval to move on with their plans and redevelop that bridge, and Commissioner Teele's, the most brilliant part of the idea, was to convince Florida Department of Transportation, Miami -Dade County, and the City of Miami to team up as real partners and develop a long-range master transportation plan for downtown Miami, and as far as most people can tell, we hadn't had one done in at least 30 years. Nobody can seem to put their hands on one that we've ever done, so I don't know when one was ever done, but it certainly goes back at least 30 years, and Commissioner Teele, without your understanding of how the system works, and who the players are, and your commitment to help, we wouldn't be here today, and what we would be facing in downtown Miami today, if you hadn't have thought of this, we would be facing this huge development boom going on and giant backlash coming back against it, because people would be concerned that their neighborhoods are going to get harmed; that gridlock is going to ensue very shortly, and all of these things that we see coming that's dramatically increasing our tax base and creating new jobs are coming to a screeching halt, and my prediction is it could have come -- it could have -- that noise level could have started within -- could have started today, and the crescendo would have built over the course of the next few years, but thanks to your leadership and foresight, we're not there, so thank you very much. Vice Chairman Teele: Thank you. Chairman Winton: In January of 2000, this effort got kicked off, and I would like to really suggest to all of you -- and I'll introduce some folks in a minute who will give the formal presentation -- but this master transportation plan is -- it talks about transportation, but the fact of the matter is, this is about economic development. It's about increasing our tax base. It's about generating taxable revenues that support all of our neighborhoods, and without this plan, we would have a lot of trouble going forward in the future, and I think what you all are going to see is that because we have this plan, there has been a -- this plan has created a real focus on connecting neighborhoods, on making sure that the hub in the wheel reaches out very clearly into our neighborhoods, and we create a transportation system that makes it easy for folks who live in our surrounding neighborhoods, and ultimately beyond, makes it easy and convenient for them to get in and out of downtown Miami to jobs; makes it easy for people who are living in downtown Miami, and more people living in downtown Miami to get around without having to get in cars, so it's a pretty aggressive study, and with that, I will introduce a few of the key players. Frank Baron is senior member of the team of the Metropolitan Planning Organization, and was the key consultant from -- key consultant -- key staff person from the MPO who worked with us from 52 May 22, 2003 day one, and I think has done one heck of a job. Tim Plummer, sitting here in front of us, who is the key -- is the primary consultant, who put the whole thing together, and Lilia Medina, sitting right here in front of us, City of Miami staff, and Clark Turner also did a terrific job at keeping all of this stuff together, and I can't tell you how many public hearings they had; something in the neighborhood of 30, but it's a lot of work when you have that many public hearings to get the public involved, and we had an awful lot of volunteers from all the various organizations, from the Chamber to the Brickell Homeowners' Association, the Miami River Commission. We had everyone at the table helping us craft this blueprint for the next 20 years of transportation infrastructure improvements going on in the city. With that -- Frank Baron: Thank you, Commissioner. Chairman Winton: -- Mr. Baron. Mr. Baron: Thank you for your kind words for our team. My name is Frank Baron. I'm from the Miami Dade MPO. I'm a senior staff member over there. I am, as I'll echo Commissioner Winton's words, pleased to present the Miami Downtown Transportation Master Plan, and as far as we know, this is the first Transportation Master Plan that the City of Miami's put together as a real coordinated plan. It's a -- as the Commissioner noted, it's an unusual project, in that we have partners at all levels, the big four: the City, the County, the State, as well as the MPO. They joined together and funded our $600,000 study, our two-year study, which is unusual in the planning department, and we picked their pockets for their expertise at all their levels, and we really, really appreciate the input that we got from City staff, especially, so a special kudos to Clark, and Lilia, and their people. Chairman Winton: And, Frank, could I introduce you one more time? I was totally remiss in letting the public know that we had another partner in this entire affair, and that was Commissioner Bruno Barreiro, who was the co-chairman of this entire master planning effort, my counterpart at -- from the County Commission, and so Bruno, I know you're not watching; you're doing something else, but thank you for your help. Mr. Baron: Thank you, Commissioner. We did focus on the traditional downtown. As Commissioner Winton noted, we did extend beyond the traditional boundaries, down south Brickell to the McArthur Causeway, up north of the Omni and Park West/Southeast Overtown areas, up to 36th Street to make sure that we began to address these neighborhood connectivity issues, and we wanted to have extensions, for example, of transit to those areas, high-quality transit, not just merely a bus system, so we are looking at those areas as well. Again, we included a lot of stakeholders; virtually, all of them are across the area. We got businessmen and people from commercial enterprise, and owners, and residences, and the people who work downtown involved. On the Downtown Task Force, as was noted, Commissioner Teele was a member, Commissioner Barreiro, and Commissioner Winton were co-chairs so that we had both the County and City leadership there, and we thank all of the people on that Downtown Task Force for their help, input, and in attending the meetings, and giving us feedback. What's the premise? Well, the basic premise is that we don't put a transportation system out there just to put a transportation system out there. We put it out there to serve people's needs, and one thing we're finding is that the City of Miami's undergoing growth, and as a matter of fact, we expect 53 May 22, 2003 even more growth; increase in better development. We have two examples right here: conversion of an existing building to lofts, and the creation of the Miami One project in the DuPont Plaza area, to follow up on some conversions that have already occurred, so there is a movement towards repopulating downtown with residences, and not turning it into an overnight dead zone, where people leave, go home to work, lights turn out, and the place is just there, and the examples of downtown growth are bound Brickell, south Brickell, north Brickell. We have commercial and residences still going up, the work in downtown, more resurgence from the Omni area. We have the new high school. We've got to Lyric Theater over in the Overtown area and in the Overtown Historic District. The Parrot Jungle's going out to Watson Island. The Buena Vista Yard is being converted from an old rail yard into a new development mixed-use project, and one thing that we've come to conclude is the City cannot build its way out of congestion by putting more roads in, so our shift and emphasis is away from only serving the car, and on the transportation side, there's progress even as we speak. There is increased acceptance and recognition of good transit. If you provide good transit, lots of people will take it, but it can't be regular old transit. The People's Transportation Plan is passed. It's provided a wellspring of money for us to invest in our community, both the City and the County, over however long it takes to get a good system going. We have already seen the results of that with the increase of transit services, and circulated services, some of which are reaching out from downtown to other areas, and the Metromover is now free. The People's Transportation Plan will give the City of Miami somewhere between 10 and $11 million a year for them to make transportation improvements and transit improvements. We have in the People's Transportation Plan provisions for the tunnel that Commissioner Winton noted was the spark that set this whole process off, and we've got discussions, for example, with private side people at the corner of where the Brickell bridge comes around downtown to open up the other lane there by making some accommodations, so it's moving forward on all fronts. The Downtown Transportation Master Plan was developed to provide a guide to making and implementing transportation improvement decisions for the Miami downtown to support and enhance growth and development. It's that simple. The two work together. Commissioner Teele, you're an insider; your know this. You've known it for a long time. Commissioner Winton has come to know it and embrace it. I wish more politicians and leaders would understand that the two work together, and that you can't get out of step on one side or the other. The Downtown Master Plan hopes to address that, and with that, I'll turn it over to Tim Plummer, our leader on our consultant team. Thank you. Tim Plummer: If you'll give me just one minute to get set up here, we're ready to go. Good morning. Tim Plummer, with David Plummer & Associates, and I'm very pleased to be here this morning. As Commissioner Winton mentioned, this has been a very long process, a very involved process with the public, and I think we've got a nice product here to present to the City Commission this morning and to the MPO this afternoon. Well, downtown Miami is a predominantly daytime, business -oriented area. The City of Miami leadership and the stakeholders of downtown envision downtown as a vibrant, 24-hour urban center with a strong residential component, but transforming downtown presents challenges to the transportation system. The objective of this work was to develop a Downtown Transportation Master Plan that's going to guide future transportation improvements necessary to achieve that vision of a vibrant 24-hour downtown center for Miami. 54 May 22, 2003 This Transportation Master Plan isn't just about transportation; it's about quality of life. Do people want to live downtown? It's about community cohesion; different groups have to agree on the plan, and as Commissioner Winton mentioned earlier, it's about economic vitality. Do the improvements make downtown stronger? Our study area for the Transportation Master Plan is I- 95 on the west, the bay on the east; all the way up to 36th Street on the north, and down to 26th Road. We ended up breaking this area into three sub -areas because the Brickell area, the CBD (Commercial Business District), and the Omni Overtown/Park West area have their own unique transportation issues. Community outreach was a cornerstone of this project. Understanding the transportation needs of the stakeholders, the residents, and the people that live and work downtown, as well as the employees, help to shape the different components of this Transportation Master Plan. When we went out to the public, we heard different things, and I'm just going to summarize a few of them. The Brickell area had many different concerns, but they included things like protecting the residential streets from cut -through traffic. They were concerned about the daily traffic congestion caused by the Brickell bridge opening, and they'd like to see a tunnel underneath the Miami River to help better connect them to the CBD. The folks in the Central Business District, they wanted many things as well, including making downtown a much more pedestrian -friendly environment, and they want more use -- a more user-friendly roadway system. They find the roadway -- the one-way system very confusing, and would like to see the two-way system implemented. Folks in the Omni Overtown/Park West area, they feel like they're cut off to the CBD, and they want better connectivity, and they want things like extending the Metromover in this area, but let's make one thing clear -- and it's been alluded to already this morning -- transportation and development are linked together. Development's not going to occur without a solid transportation system, and our transportation system is at a critical juncture today. Without improvements, growth and development are going to be very hard to achieve in the downtown area. In order to develop the Downtown Transportation Master Plan, we had to go through a very extensive, future land use and density forecasting exercise. These developments scenarios you see on the screen here have increasing levels of development, and with the increasing levels of development, you get increasing levels of travel demand, and let me show you what I mean. Through this exercise, and our three different scenarios, the 20/20 base line is our most conservative estimate, and in that scenario, we're looking at 18,000 more employees in the downtown area. Well, our 20/20 visionary, our most aggressive gross scenario, looks at bringing nearly 50,000 more employees to downtown. For housing growth, when you look at the 20/20 base line, we're looking at 15,000 more dwelling units in the downtown area, and we even looked at our visionary scenario, up to nearly 34,000 more dwelling units. Chairman Winton: Could I interrupt you there? Mr. Plummer: Sure. Chairman Winton: I'd like to put this in perspective for all of you. The most conservative estimate here, by the year 20,000 [sic] -- that's from 1999 to 20,000 [sic] -- we would add 15,000 housing units in the whole greater down area. Vice Chairman Teele: Say that again, Johnny. 55 May 22, 2003 Chairman Winton: 15,000 housing units from 1999 to 2020. That was the most conservative estimate. We will have reached the 15,000 limit from 1999 through today most likely within -- something between two and a half to five years, unless we have a major economic downturn and the economy stops, but absent a real recession, this base line number is going to be surpassed real early on, and that's without us doing these transportation improvements, and if we do the transportation improvements, this visionary plan, frankly, is very realistic, and the number of jobs that leads to for people living in our surrounding areas and the impact on our tax base is dramatic, and we have a slide that shows the impact -- Mr. Plummer: That's correct. Chairman Winton: -- on tax base coming up. Mr. Plummer: And not only does all this additional employment and housing bring traffic, but it also brings some other things, and that's tax shield. The City of Miami is estimated, if we make it to those 20/20 visionary levels for the residential, could bring the City of Miami an additional $33 million a year in tax shield, and for the County, for their general fund, an additional $23 million, and what does this show? It shows that improving the transportation system is a good investment of public monies because of the job creation and the increased tax base. Well, after we had -- went through the future development scenario, we then went through a very intensive modeling exercise, and the first step was to use the County's 20/25 transportation model, and that is a very gross model that just tells us how many people would come in and out of downtown Miami on a daily basis with these increased development scenarios, but the County model only takes us so far, and we went on a worldwide search to determine which micro -simulation model would be best suited for downtown Miami. What a micro -simulation model does is it gives you minute -by -minute traffic information based on those development scenarios. We have a lot of things to contend with in downtown Miami. We needed to model, not only automobiles and busses, but we have Metrorail, we have Metromover, we have the Baylink that's going to be coming in, hopefully. We also have congestion caused by bridge openings, so we needed a very sophisticated model. We ended up selecting a European model, a model out of Scotland actually called Paramix, and we've created the largest Paramix network in the world, with over 360 intersections, and I'm going to show you a clip of that in just a few minutes. Well, what do we use this Paramix model for? Once we get the land use information in, and we need to start testing our different transportation improvements that we're proposing so we can, for instance, change the street systems in downtown Miami from one-way to two-way and see what that does to the congestion. We can put the tunnel in to see how that helps us with bridge openings. After we do that, we can evaluate how each of those transportation improvements help the system, and really even more importantly, it starts to tell us how much transit use we're going to need to deal with some of this congestion because as Frank alluded to earlier, in the downtown area, we're not going to be able to build our way out of congestion. Well, next, I'm going to show you the clip of the Paramix model, and it takes a little while to kind of build up the volumes here, but this is the midday hour that we're simulating here, and I'm going to show you a couple different components. If you look on the right side of your screen there, that is the Metromover going across the river. On the left, on the red line is actually the Metrorail, and you can see that going across your screen there in the middle is the Miami River, and we're able to simulate the ship movements to the river, through the river, and what it does with the bridge openings and so forth. 56 May 22, 2003 Chairman Winton: Would you explain the different vehicles, point out the different vehicles that Mr. Plummer: Yes, absolutely. Chairman Winton: -- show up here so they'll understand how sophisticated -- Mr. Plummer: I'll do that. Chairman Winton: -- this really is? Mr. Plummer: Yeah, absolutely. We're able to simulate not only regular automobile traffic you see there in red and white, but also trucks, and so forth. Here's a piece I really wanted to show you. Does this look familiar? Brickell Bridge is up; congestion both north and south of the river. That's one of the ways we're able to validate this model, is it did show excellent simulation from what's actually occurring out there. The last shot I'm going to show you is Biscayne Boulevard at midday here. This is over at Port Boulevard. With the different vehicles, you can see busses in different colors. They're the larger vehicles, and so forth. Very sophisticated model that was an excellent tool to help us with what we needed to do to set the framework for the transportation improvement. Chairman Winton: But it -- this model can identify -- you just plug in the data -- trucks, busses, cars, ships coming up the river, the Metrorail cars themselves, the Metromover cars themselves. I mean, it is -- Mr. Plummer: The bridge openings, everything. Chairman Winton: The bridge openings. I mean, it is a real life model that you just can't get anywhere else, and one of the more exciting things about this program is that at the end of the day, we're going to own the software. We're going to have to make sure, as a Commission, that we make sure the Manager allocates in his annual budget the amount of money to keep the software maintenance program in place. We could up -- we can create these master transportation plans anywhere in our city for small areas, large areas, anything we want with this modeling system here, and obviously, downtown is the most complex area, and we get out in our neighborhoods where we have problems, we go to this system, and we can plug in all kinds of assumptions, and it can deal with all of them, and we could update any plan we want, if we wanted to do it every two years, because we'll have the sophisticated software and resources available to do that. Sorry, Tim. Mr. Plummer: No, no problem. As we went through this process, there's three major points that surfaced. This is through talking with the public and their wants, going through the transportation analysis, and so forth, and the first issue is there's no doubt that we're going to need a balanced transportation system. It's not just about automobiles; it's got to include shuttles, it's got to include better Metrorail and Metromover service, and so forth, and I'll get into some of those issues. Also, the thing we heard constantly over and over was the folks want to see a better, 57 May 22, 2003 safer pedestrian environment; wider sidewalks, better lighting, better pedestrian furniture, and so forth, and then there's no doubt that if we're going to become a 24-hour vibrant city, like a New York, like a Chicago, like a London, that we're going to have to enhance our transportation and our transit service and become more reliant on transit, and I'll give you some -- little more information on that. The timing of the People's Transportation Plan could not be any better. As you can see from this slide, the transit use, if we get to those visionary levels of development for downtown Miami, is going to have to increase significantly. Metrorail service. Again, we may be looking at five-minute headways and increased capacities in those vehicles, much like you see in New York and Chicago. The Metromover service, we're down probably to one -minute headways. That means that Metrorail is going to be running constantly. By the way, one of the issues that came forward through this process is a free fare zone for transit in downtown Miami, and I saw the other day that the Metromover, since its become free, transit ridership on Metromover has increased 40 percent on the average weekday, and 80 percent on the average weekend day. We are starting to change the culture, and not only as Frank alluded to, this transit service need to be excellent, but having a free system is a big part of that as well, an important component of that. Our shuttle service and our Metro bus service, again, have to constantly improve. I think a component that you'll see throughout this master plan is shuttles, like the Brickell shuttle, like Coral Gables is doing; Hialeah has started, and so forth, but shuttles that better connect neighborhoods, areas like Little Havana, and Coconut Grove, and so forth into the downtown area. Our Transportation Master Plan has well over 50 improvements, and there's not time to go over each and every one of them, but let me just highlight a few. For the Brickell area, connecting other neighborhoods, like Little Havana and Coconut Grove with transit, as I mentioned; constructing a tunnel under the Miami River to relieve that traffic congestion during the bridge openings. For the CBD area, removing the I-95 distributor ramps, and creating a grand boulevard into the CBD, and converting one-way streets to two-way streets to make them much more user-friendly. The Omni Overtown/Park West area, things like extending Metromover further north into this area and west; depressing I-395 to better connect this area with the CBD and make it feel almost as one, and creating a pedestrian walkway along the bay from Pace Park all the way down to Bayside are just a few. With that, I'd like to thank Commissioner Winton, Commissioner Barreiro for their leadership throughout this process, as well as the City of Miami, Miami -Dade MPO, and the Florida Department of Transportation, as they all have been very, very integral in helping us through this process. Chairman Winton: Any questions, and I'm looking in my book -- and my apologies for -- you know, I just haven't gotten as organized since this leg -breaking thing as I was before. I'm sitting here looking for the resolution for adoption because there's a couple points I want to bring out, and I can't even find the thing, so -- Commissioner Sanchez: It's there, but before we do that, Mr. Vice -- Chairman Winton: OK. Thank you. Commissioner Sanchez: -- Mr. Chairman, could I be recognized? Chairman Winton: Yes, you may, sir. 58 May 22, 2003 Commissioner Sanchez: Thank you. You know, this is something that every citizen in the City of Miami, not only the citizens of Miami, but everyone who commutes to downtown to work should be very proud of I think that the City has taken significant steps to elevate the City of Miami to another level, and I think that this is a key step, because we recognize that the downtown area is very important to the City of Miami, and through your leadership, we have been able to focus on doing everything that we can until we turn downtown into a world-class downtown facility, which have suffered for so many years, and we've all heard people come, you know, with -- people from South America at the time when the economy was doing well down there, they used to come down there and shop, but still people come to Miami and they say, "Well, we anticipated a downtown like New York, and Chicago, and other cities throughout the United States," but you know, when we talk about the downtown area being improve improved, every district, every Commissioner here, his district will improve because when you create what is considered to be a joining urban core between the other cities, becomes more attractive to everyone, and I'm glad to see that basically you focus connecting the dots, and putting not only, you know, Allapattah, Flagami, Little Havana, everybody together to make sure that people could go to downtown, and you know, one of the things that I'm very glad that you focus on is becoming more pedestrian -friendly, and I think that we've focused on that and we've changed our tune in that aspect of it, even with the project that we have going on in Little Havana, the 3rd Street -- the 13th Avenue Linear Park; we're hoping to connect that to downtown because people could just walk down to Coral Way, get in a little bus, and go into downtown and do their shopping, so I commend each and every one of you for laboring so hard to put this great presentation together, and it's just great for the City of Miami. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I would like to move the item for discussion. Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second. Discussion. Mr. Vice Chairman. Vice Chairman Teele: Yeah. Is it Frank? Mr. Baron: Yes, sir. Vice Chairman Teele: Frank, as you well know that -- I think it was in 1964 when President Johnson created what is then called the Urban Mass Transportation Administration. It was established not in the Department of Transportation, but in the Department of Housing and Urban Affairs, and I think that's probably the most important statement that can be made that underscores your early points that you made, that downtown transportation and mobility is much more a function or a -- has much more of a common denominator with urban development than it does -- or as much as it does with transportation. In fact, all of the studies out of the bay area, where the BART (Bay Area Rapid Transit) System and the Muni System, and all of that, where you have a number of studies, and the time lapse pictures that show that the development in the 59 May 22, 2003 bay area followed the BART System. As it was built, the development came about. I think the MPO and the County are to be as commended as much as the City, with the exception of Commissioner Winton, who's in a commendable field of his own, because for the first time really, the MPO and Miami -Dade County came to the table as equal partners, and I think what needs to be said clearly is, it's not their fault that they weren't at the table before. You know, suppose the County were in here trying to design downtown Miami, or downtown Little Havana, or Little Haiti without being invited in? I mean, think how offended we'd be, and I think really, to the Manager and to the Mayor, it really is instructive. If you would go back and look over the last ten years at the amount of dollars that the MPO has given each city -- and there is a special program, and I don't -- I'm not lecturing, at all, Mr. MPO Member for the City, Mr. Mayor -- but having served on the MPO and having chaired the MPO, the thing that was just totally mind- blowing to me was the lack of engagement by the City of Miami, particularly in the Public Works Department, with the dynamic process and the funding opportunities, and I would challenge the Manager to go back and look for ten years, Frank, at the municipal funding of what cities got, and I raised hell about it. In the intercourse, the MPO director says, "Well, Mr. Chairman, that's fine, but we can't give them money if they don't apply," so I mean -- and so I want to start with the point that this process, as dynamic as it is, cannot take hold if it is not brought forward and maintained before the MPO. To Commissioner Winton, who challenges directly and indirectly the Manager to ensure that it is in the budget and the maintaining of the software, which I agree with, but I challenge the Manager to engage the MPO process, through the staff, to ensure that it's funded as a line item funding item because this software, as a component of this, is not just an asset of the City; it's an asset for everybody who's coming to this town, who's not even in this town. We saw in the paper today the somewhat mixed emotion news at the Everglades Hotel is going to give way to some of these 15,000 residential units that you're talking about. Those folks in Mexico, they have not even hired an architect, according to The Herald. They've not hired an architectural firm, and the important thing is that this type of information has got to be available to people looking into development, because Miami is truly an international city, and I think the website ought to be identified, Johnny. We ought to work with the MPO to get this, and maybe we ought to try to do it, not as a City project, but as a City/MPO project in terms of maintaining of the software database, but I think this study is meaningless if we don't have the courage -- and that means looking at a bunch of lobbyists, and it means looking at a bunch of developers, and it means looking at a bunch of engineers down the road to take the prudent steps that are necessary to ensure that we don't wind up with a Kendall syndrome and complex. You know, Kendall going -- coming from the western part of this county to downtown is totally impossible today, and it's because of the overbuilding and the underbuilding of the transportation infrastructure. I also think that we should challenge ourselves, Mr. Mayor -- and Commissioner Winton probably should not get too involved in this discussion -- but I think we should challenge ourselves, as we look at the parking surcharge, to create a challenge program, out of parking surcharge funds, for Metromover, Metrorail passes. The greatest thing that we could do for this city selfishly is to support Miami -Dade County's transit program in moving people from cars to transit, and Frank, I'm going to pause because I don't want to say something that's not correct, but I guess the way I would state this, in a more technical sense, is one of the positives byproducts, as we look at the 20/20 would be the more modes that we can move from car to public transportation would be of an asset, and would save capital dollars in the long run in terms of the need to build. Is that a fair statement or is that an overstatement? 60 May 22, 2003 Mr. Baron: It's a fair statement, Commissioner. What happens is that we were responsible for looking at the downtown area, and Commissioner Winton continually asked us, "Well, what about getting people here?" Well, that's beyond the purview of our study, and it's also beyond the purview of the City by itself, but within the context of the larger county, the City should work for transit to get people -- make it more easy for people to get here, more accessible via modes other than car, and that way you'll help ensure the continuing vitality of your city. Chairman Winton: And Commissioner Teele -- and Frank's technically correct there -- while it was outside the scope and purview of this study from an economic standpoint, I continued to press to make sure that it doesn't take rocket science to design a plan that makes sure that it's clear to see how those linkages move out into the gray area of the study, and that's what this has done, and you heard us talk early on about linkages. That was a key component of this entire plan, because downtown does not survive in a vacuum, nor alone, no more than our surrounding neighborhoods do. They're all linked -- we haven't been linked closely in the past. This plan is designed, by nature, to see to it that we maximize those linkages in the future, which as Commissioner Sanchez said, will create a much better whole city as opposed to any individual neighborhood or couple of neighbors. Vice Chairman Teele: And the point that I really wanted to make, Frank, is that I don't necessarily -- I appreciate you verifying, but I don't necessarily agree with the -- one of the comments, because the one word that continues to come up in your study is "pedestrian," making streets more pedestrian -friendly. The best way is to reduce the number of cars, and the more people that you get into the downtown area, other than through cars, the more pedestrian activity you're going to have. Chairman Winton: Absolutely. Vice Chairman Teele: You know, people who drive downtown, believe it or not, to go to the Government Center, if they're going to go down to the Omni, they're going to jump in their car if they drove in. If they came on the Metrorail, they're going to get the Metromover and go down. I mean, you -- so, you're -- it's much more than that, but the point that I wanted to make was this: I became totally supportive of this concept that Commissioner Winton has put forward when this Commission voted on the location of the Marlin's Stadium, and my sole objection to the Marlin's Stadium location was the lack of a transportation and mobility plan, and understanding an analysis, which we didn't have. When we voted, we had no knowledge of what it was going to do in terms of the queuing that your study does. I mean, I feel a lot better with this type of matrix and model that is before us. The two final points that I wanted to make is this: When the Heat presented their plan, the whole discussion on the Heat plan was how fast people could come in and get out. Chairman Winton: Right. Vice Chairman Teele: OK? That -- and Johnny, I'm -- I mean, I could not believe it. I could not believe it. The whole idea of the sheet flow of people coming in, I mean was just totally lost, and Commissioner Winton, again, we've got to hold developers, the architects, and the engineers 61 May 22, 2003 more accountable, and we've got to put more teeth in our MUSP (Major Use Special Permit) process, or somewhere -- Ana, if you -- in this process. If we're serious about this, we've got to put more teeth in this type of thinking and the results of this study into our planning process because otherwise, I'm telling you, it's just going to be words to -- that are important to us, but developers may or may not pay that much attention. Chairman Winton: Commissioner Teele -- Mr. Baron: Commissioner -- Chairman Winton: -- could I respond to that? You're absolutely right, the Heat maintained that posture for -- up until just very recently, and on the widening -- on the redo of Biscayne Boulevard from 5th to I-395 -- Vice Chairman Teele: Which I support. Chairman Winton: -- that was the position that they took early on. We took the position that that ain't happening, and ultimately -- and I will give the Heat full credit -- the Heat backed down from that position and recognized how important it is to create a real city, and our mission -- their need to get people in and out in a friendly fashion is crucial to them, and we respect that. There has to be a balance between the ability to get people in and out for events and our commitment to create a true livable city that will encourage some of their patrons to come in, park in the garage, get out of their car, and go to a restaurant, go to a shop before the game and after the game, and they ultimately agreed with our plan for the redo of Biscayne Boulevard, and back off this whole idea that it's got to be in and out, and so there's some credit to them, and I thank you for bringing that point up. Vice Chairman Teele: And the final point on that is this, is that the Performing Arts Center is, you know, the next major facility that's going in, and I really think that it would be important -- and I happen to be in several meetings talking about this whole mobility issue with Mr. Parker Thompson and others, and it's really important that we sit down with them, and the MPO work with the Performing Arts Center, in developing a mobility plan that includes both the inclement weather kinds of issues, and whether or not there's going to be sky bridges, which I understand, recently, Commissioner Winton, that you're against sky bridges, or whether there's going to be tunnels, pedestrian tunnels. Chairman Winton: Bingo. Vice Chairman Teele: Say again. Chairman Winton: No tunnels. In fact, a long conversation -- Mr. Baron: Only one tunnel. Chairman Winton: Yeah. No tunnels under Biscayne Boulevard connecting one piece of the Performing Arts Center to other. Any tunnels we have are going to be for moving real traffic, 62 May 22, 2003 but on their pedestrian bridge, what I have determined is that it really isn't designed to be a pedestrian bridge; it's designed to allow patrons to come out and kind of look over Biscayne Boulevard. There's no shelter on it. There's nothing that makes it really work as a real pedestrian bridge, and it was a design component, and so I wrote them a letter, in fact, expressing my displeasure at pedestrian bridges designed to keep people off the street, and I have their assurance that that is not the case, and frankly, the way it's designed really kind of works that way because as I said, there isn't -- there is no shelter over it, so it doesn't protect people from the elements, so it really is designed to get people out there, stand on, look at the magnificent downtown, and north on Biscayne Boulevard, so -- Vice Chairman Teele: Well, again, it's the Performing Arts Center type of major venues that we've really got to work to integrate these plans and to get this information before them. The final words is this the economic -- this is all about economic development, or land development, and it really needs to be closely integrated, and in that regard, I would urge the Commissioner Winton that maybe the DDA (Downtown Development Authority), or the City Commission could have a preliminary session and invite the architects, and engineers, the AIA (American Institute of Architects), et cetera, to a workshop, because I think the more information we get out among the professional planners, the more we're going to be able to institutional -- work architects and engineers and planners, the more we're going to be able to institutionalize it. I look forward, Commissioner Winton, to working with you, under your leadership, but again, I really do think that we need to put more teeth in it, and I would strongly urge the Mayor and you, as Chairman of the DDA, to consider creating incentives for people to -- for offices that buy bulk Metrorail, Metromover -- Metrorail passes to take some of our revenues and to induce that. I mean, I think we've got to be in the forefront of that, and I think we'll get -- more than get our money's worth if we can work with the MPO to pay for a lot of the studies, the software maintenance, et cetera, but I just am encouraged that the Mayor is serving on the MPO. I'm sure the Mayor's getting a fast lesson both in transportation and personalities that make up our MPO, and I would certainly encourage the support -- the aggressive support of this study in the MPO process, but more importantly, that we seek to make the MPO a partner in this process. Chairman Winton: Thank you, Commissioner Teele, and I -- not to oversell, but I want to bring your attention to this schedule again on annual tax shield. The only schedule we have in here deals with dwelling units and the impact on the City, so the 20/20 base line, which we will reach in the next few years, adds $15 million a year to our tax base. That's only from dwelling units. When you add 30,000, which is what the real number of people that comes with these 15,000 to the landscape, you're going to end up with new demand for office space, and you're going to end up with huge demand for retail services that has an impact kind of in a broader base around downtown, and that real estate impact isn't counted here, and none of the other fees that this City collects -- and Lord knows, we've all figured out that we've got a million of those -- none of that fee impact is counted in here, at all, so my guess is that this $15 million number is probably something between 60 and 70 percent, maybe 80 percent higher than this when you factor in new product that will be built, other real estate that will be built, and new businesses that will have to be created to support all of these new people living downtown, so the economic impact is huge, and I do thank you all for your support. Any -- anyone else? I want to recognize a lady, because we -- you have an amendment you want to make to this resolution in front of us, is that correct? 63 May 22, 2003 Lilia Medina: Lilia Medina: Correct, Commissioner. Lilia Medina for the record, City Manager's Office. You have a resolution before you for the adoption of the Downtown Master Plan for Transportation. There are two revisions that need to be considered. One is under Exhibit 8.2 in the Central Business District, and this is in the attached master plan, that is moving the phasing as stated in the plan -- Chairman Winton: Excuse me. You all don't have this in front of you. Do they have this in front of them? Ms. Medina: No. You do have the short version -- Chairman Winton: You see the book -- Ms. Medina: -- of the executive summary. Chairman Winton: -- you all will get as soon as we get this whole -- see, the book to the left there, Commissioner -- Commissioner Sanchez: All that we have is a resolution in front of us. Chairman Winton: Yeah, they only have the resolution, but she's going to reference the book that you all are going to get a copy of within another couple of days. Ms. Medina: Right. Chairman Winton: And so that's what she's referencing, and my apologies for not having that here today. I mean, I just blew it there. Ms. Medina: And the master plan does state that one of the recommendations in the CBD is to construct a new tunnel under the Miami River at Southwest 1st Avenue. That is listed as Phase II in the current plan, and the revision is to move it forward to Phase I, meaning that it will be implemented or began to be implemented by year 2010. Vice Chairman Teele: What's the other one? Chairman Winton: Lot sooner than that. Vice Chairman Teele: Let's just do both of them. Did you say there were two amendments? Ms. Medina: That is correct. The second amendment is in Exhibit 8.3, in the Omni Overtown/Park West area, and that is to depress I-395 to provide a grand boulevard; that is, to advance that recommendation from Phase III to again Phase I or year 2010. Vice Chairman Teele: I move the adoption of the two amendments. Commissioner Sanchez: Second. 64 May 22, 2003 Chairman Winton: So, we have a motion and a second on the amended resolution. Any further discussion? Vice Chairman Teele: No. That's a motion to add those two in into -- Chairman Winton: Oh, I'm sorry. Commissioner Sanchez: Right. Chairman Winton: So, we have a motion to -- Vice Chairman Teele: To amend. Chairman Winton: -- amend the primary motion. Vice Chairman Teele: Right. All in favor. Chairman Winton: But we're going to adopt all of this, right? Vice Chairman Teele: Uh-huh. All in favor. Chairman Winton: OK, so any further discussion? Being none, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-587 A MOTION ADOPTING THE FOLLOWING AMENDMENTS TO THE MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN: (1) EXHIBIT 8.2 -CBD AREA IMPROVEMENTS: ADVANCING FROM PHASE 2, IMPLEMENTATION BY YEAR 2015 TO PHASE 1, YEAR 2010 "CONSTRUCT A NEW TUNNEL UNDER THE MIAMI RIVER AT S.W. 1sT AVENUE;" AND (2) EXHIBIT 8.3-OMNI/OVERTOWN/PARK WEST AREA IMPROVEMENTS: ADVANCING FROM PHASE 3, IMPLEMENTATION BY YEAR 2020 TO PHASE 1, YEAR 2010, "DEPRESS I-395 TO PROVIDE A GRAND BOULEVARD." 65 May 22, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Teele: Now, the motion carries. It's amended now. You have the underlying motion on the floor now, on the whole ord -- on the whole resolution -- Ms. Medina: On the whole plan. Commissioner Sanchez: As -- Vice Chairman Teele: -- is that right? Chairman Winton: Six months -- Commissioner Sanchez: -- amended. Chairman Winton: (INAUDIBLE) after six months of doing this, I'd figure it out, you know. Vice Chairman Teele: Just say -- Chairman Winton: Yes, sir. We have a motion and a -- Commissioner Sanchez: Just say "all in favor." Chairman Winton: -- second. All in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 66 May 22, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-588 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADOPTING THE MIAMI DOWNTOWN TRANSPORTATION MASTER PLAN, ATTACHED AND INCORPORATED," TO PROVIDE TRANSPORTATION IMPROVEMENTS FOR THE FUTURE DEVELOPMENT AND PRESERVATION OF THE DOWNTOWN MIAMI ARENA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INITIATE THE PROCESS OF PLAN IMPLEMENTATION. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Chairman Winton: Thank you all, and thank you all, Commissioners, for your strong support in this effort. Commissioner Sanchez: No, thank you. Vice Chairman Teele: I assume the DDA is -- has been briefed on this -- Chairman Winton: Absolutely. Vice Chairman Teele: -- or will be briefed on this. Chairman Winton: Yeah, they were part of the original team, DD -- I mean, every single organization in the whole area was heavily involved, and -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: -- we are taking this to the MPO this afternoon. Vice Chairman Teele: Mr. Chairman, Frank, I just want to urge you to make sure that the Secretariat knows of the strong support in the City before you get there today -- 67 May 22, 2003 Mr. Baron: Sure. Vice Chairman Teele: -- Mr. Masa (phonetic), and to please try to communicate to the MPO members this City's desire to do a partnership on this to ensure that the information is widely available on a technical basis, please. Mr. Baron: We'll be -- Vice Chairman Teele: Thank you for coming. Mr. Baron: -- obligated to each and everybody. Chairman Winton: And thank you. Thank you all very much. Mr. Baron: Thank you. Chairman Winton: Tim, Frank, Lilia, thank you all very much for the help. 7. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE ACQUISITION OF UNIQUE SERVICE OF "OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRICAL DISTRIBUTION FACILITIES" FROM FLORIDA POWER AND LIGHT COMPANY (FPL), LOCATED AT 122 SOUTHWEST 3RD STREET, AND FOR ANY OTHER ELECTRICAL DISTRIBUTION FACILITIES WITHIN CITY THAT ARE OWNED OR MAINTAINED BY FPL, FOR CITY DEPARTMENT/OFFICE REQUIRING SUCH SERVICES. Chairman Winton: Mr. Manager, are you ready to do the personal appearance item? Joe Arriola (City Manager): Ten more minutes. Chairman Winton: Thought it was 15. OK, so that said -- Vice Chairman Teele: Move item number 6, requiring a 4/5th vote. Chairman Winton: We have a motion on item number 6; need a second. Commissioner Sanchez: Let me just get to it. Hold on. Commissioner Gonzalez: Second. Chairman Winton: Motion, second. Discussion? Need 4/5ths. Commissioner Sanchez: Wait, wait. Let --OK. Chairman Winton: Being none, all in favor, say "aye." 68 May 22, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed? Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-589 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF THE UNIQUE SERVICE OF "OVERHEAD TO UNDERGROUND CONVERSION OF ELECTRICAL DISTRIBUTION FACILITIES" FROM FLORIDA POWER AND LIGHT COMPANY ("FPL"), LOCATED AT 122 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, AND FOR ANY OTHER ELECTRICAL DISTRIBUTION FACILITIES WITHIN THE CITY OF MIAMI THAT ARE OWNED OR MAINTAINED BY FPL, THE SOLE SOURCE PROVIDER, FOR A TEN-YEAR PERIOD FOR A TOTAL AMOUNT TO BE DETERMINED FOR EACH SPECIFIC CIRCUMSTANCE AT THE TIME OF NEED, FOR THE CITY DEPARTMENT/OFFICE REQUIRING SUCH SERVICES, SUBJECT TO BUDGETARY APPROVAL. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 69 May 22, 2003 8. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE UTILIZATION OF SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING CITY'S WATERFRONT UTILIZING UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, SOLE SOURCE PROVIDER, $200,000, FOR DEPARTMENT OF MUNICIPAL SERVICES. (See #10). Vice Chairman Teele: Move item number 7. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second on 7. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-590 A MOTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING THE CITY'S WATERFRONT UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, THE SOLE SOURCE PROVIDER, FOR A TOTAL AMOUNT NOT TO EXCEED $200,000, FOR THE DEPARTMENT OF MUNICIPAL SERVICES. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 70 May 22, 2003 9. DECLARE CERTAIN CITY-OWNED REAL PROPERTY LOCATED AT 400-430 SOUTHWEST 8TH AVENUE AS SURPLUS REAL PROPERTY. Chairman Winton: Number 8. Vice Chairman Teele: Move item number 8. Commissioner Sanchez: Second. Chairman Winton: Got a -- Commissioner Gonzalez: Mr. Chairman. Chairman Winton: I'm sorry? Commissioner Gonzalez: Discussion. Chairman Winton: Yes, sir. We have a motion and a second. Discussion. Commissioner Gonzalez. Commissioner Gonzalez: I'm in agreement with the concept. The only problem that I see in this -- and I saw a picture of the boat that we're trying to buy -- Commissioner Sanchez: No, no, no, no, no. This -- Commissioner Gonzalez: Is this -- Commissioner Sanchez: No. Vice Chairman Teele: No, not this one. Commissioner Sanchez: This is declaring the Teatro Marti as surplus. Commissioner Gonzalez: Seven. You said 7. Chairman Winton: I said 8. Yeah, we're on 8. Commissioner Sanchez: We're on eight. Chairman Winton: We're -- it was seven that -- Commissioner Gonzalez: Did we approve seven? Vice Chairman Teele: Yeah. Chairman Winton: Yes. 71 May 22, 2003 Vice Chairman Teele: We can come back and reconsider it, if you'd like to? Chairman Winton: Yes, we could. Commissioner Gonzalez: Yeah, I would like to just bring it back for discussion. OK. Number 8, was it second? Commissioner Sanchez: Yes. Commissioner Gonzalez: OK. Chairman Winton: So, we'll come back -- let's finish eight, if you will -- Commissioner Gonzalez: Yes, sir, correct. Chairman Winton: -- and I do have a comment on eight. Mr. Manager, if you see this here, I put "no" on this item. I didn't put "no" because I'm opposed to it. I put "no" -- and this isn't -- you've only heard this twice now, but I've been on this theme forever. I don't know about you, but I can't tell a damn thing from this map. This map, it might tell me something if I sat here for 30 minutes and studied it, but I don't think I should have to do that. I've said this over and over again, over and over again: You need to put documentation in our books that we can figure out. Just because you guys know what it is, doesn't mean we do, and we don't have all, you know, four days to sit here and read every single word that's in these damn booklets. The idea is to have stuff in front of us so that we can look at it, so that -- we want to support you. We don't want to say no, but you've got to make our job clear, concise, right in front of us, and if we have questions about it, you've got the backup material that we can sit and read, if we want to read all that backup material. Commissioner Gonzalez: As a matter of fact, we should have had pictures of the building. Chairman Winton: Yeah. I mean, there's -- this is -- Commissioner Gonzalez: Anyway -- Commissioner Sanchez: Mr. Chairman, if I may. Chairman Winton: So, anyhow, I won't do "no." I'll -- Joe Arriola (City Manager): OK. Commissioner Sanchez: No. If I may, I mean, we -- this is a property that the City, at one time, had a tenant there for many years, who received loans from, at one time, Miami Capital Development. He's been there for God knows how many years. He has defaulted on the loans. He's basically been there -- the City got the property back, and he's been there free of rent. I mean -- 72 May 22, 2003 Chairman Winton: The subject is the right thing to say "yes" to. I'm only complaining about staff s -- Mr. Arriola: Yeah. Chairman Winton: -- book here. Glenn Marcos: And we'll -- Chairman Winton: I think the issue -- I would always vote "yes" on this. I was only going to be saying "no" on a temporary basis or (UNINTELLIGIBLE) that. I'm not going to do that because I've made my point. My point is, give us material in our damn books so we could figure -- Commissioner Sanchez: Point well -- Chairman Winton: -- out what's going on. Commissioner Sanchez: -- taken. Chairman Winton: That's my only point. OK, any further discussion on 8? Commissioner Gonzalez: No. Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed? The motion carries. 73 May 22, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-591 A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING CERTAIN CITY -OWNED REAL PROPERTY LOCATED AT 400-430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AS SURPLUS REAL PROPERTY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO SELL SAID CITY -OWNED REAL PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO: (1) ESTABLISH THE MINIMUM SALES PRICE FOR THE PROPERTY TAKING INTO CONSIDERATION THE APPRAISED VALUE OF THE PROPERTY AS ESTABLISHED BY THE RESULTS OF TWO INDEPENDENT APPRAISALS; (2) EMPLOY SUCH PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER OR CODE FOR PURPOSES OF DISPOSING OF THE PROPERTY; (3) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS; (4) NEGOTIATE A PURCHASE AND SALE AGREEMENT; AND (5) PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 74 May 22, 2003 10. RECONSIDER PREVIOUS VOTE ON PROPOSED MOTION 03-590 RATIFYING, APPROVING AND CONFIRMING MANAGER'S FINDING OF SOLE SOURCE AND APPROVING UTILIZATION OF SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING CITY'S WATERFRONT (See #8). RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WANE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE UTILIZATION OF SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING CITY'S WATERFRONT UTILIZING UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, SOLE SOURCE PROVIDER, $200,000, FOR DEPARTMENT OF MUNICIPAL SERVICES; ALLOCATE $50,000 FROM PUBLIC WORKS OPERATIONS BUDGET, $50,000 FROM GENERAL FUND — NON DEPARTMENTAL ACCOUNT; IN-KIND CONTRIBUTIONS, $75,000, FROM FLORIDA EXPORT FINANCE CORPORATION AND $25,000 FROM MIAMI RIVER COMMISSION, $100,000. Chairman Winton: Do we have to have a motion to reconsider 7? Vice Chairman Teele: Yeah. Commissioner Gonzalez: Yes. Chairman Winton: So, we need a motion to reconsider. Commissioner Sanchez: Motion -- well, Commissioner Teele, you made it; maybe you could -- Chairman Winton: No. You need to make the motion to reconsider 7. Commissioner Gonzalez: Motion to reconsider 8. Chairman Winton: Seven. Joe Arriola (City Manager): Seven. Commissioner Gonzalez: I'm sorry, 7. Chairman Winton: Need a second. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second to reconsider 7. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 75 May 22, 2003 The following motion was introduced by Commissioner Gonzalez, who moved for its adoption: MOTION NO. 03-592 A MOTION TO RECONSIDER PREVIOUS VOTE ON PROPOSED MOTION 03-590 RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING THE CITY'S WATERFRONT UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, THE SOLE SOURCE PROVIDER, FOR A TOTAL AMOUNT NOT TO EXCEED $200,000, FOR THE DEPARTMENT OF MUNICIPAL SERVICES. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: OK. My only concern is, is this boat going to be used to clean just the waterfront, and downtown, and Bayfront Park, and the Miami River, or is this boat going to be used to clean our canals? Chairman Winton: Commissioner Gonzalez, can I interrupt you? Do you have an item number 7? Commissioner Gonzalez: Yes, I do. Chairman Winton: Commissioner Teele doesn't seem to have a -- I don't have a 7. I can't figure out what we're -- Mr. Arriola: It's the Scavenger (UNINTELLIGIBLE) -- Chairman Winton: I thought it was just my book. 76 May 22, 2003 Commissioner Gonzalez: Yeah, it's the sole source -- Mr. Arriola: Scavenger 2000 Boat. Commissioner Gonzalez: -- finding for a -- Vice Chairman Teele: It's a sole source finding. Commissioner Gonzalez: -- Scavenger 2000 Demolition boat. Chairman Winton: OK, got it. Commissioner Gonzalez: Got it? Chairman Winton: Thank you. OK. I'm sorry to interrupt you. Go ahead. Commissioner Gonzalez: Mr. Manager, that is my question: How are we going to use this boat? Are we going to use this boat just to clean up the Bayfront Park area, and the Omni, and the Grove area, or are we going to use this boat to clean the canal -- also the canals? Glenn Marcos (Director, Purchasing Department): Commissioner Gonzalez. Mr. Arriola: We couldn't get away with that with you, sir. Commissioner Gonzalez: Pardon me? Mr. Arriola: We couldn't get away with that with you here, sir. You'll make sure that everything gets cleaned up, but let him answer. Chairman Winton: Need your name, please. Mr. Marcos: Glenn Marcos, Purchasing Director. I've discussed this actual item with the actual end user department. It is my understanding that the actual Scavenger 2000 boat is to utilized to clean up the Miami River and some of the shorelines of the actual city, but it's not going to be used for canals. Jorge Cano: Commissioner, Jorge Cano, Capital Improvements. Chairman Winton: Where are you? Mr. Cano: I'm behind the -- Chairman Winton: Well, could you come up here so we can see you. I -- that's not a good place to talk to us from. I thought you were being beamed in some way or another. Yes, sir. 77 May 22, 2003 Mr. Cano: Yes. Jorge Cano, Capital Improvements. The boat will be used to clean all navigable waterways and canals. Chairman Winton: That's the right answer. Mr. Cano: As with Comfort Canal, it will go as far as 27th Avenue, so -- Chairman Winton: But it has to be a navigable canal. Commissioner Gonzalez: Right. There -- Mr. Cano: -- it's got to be navigable. Commissioner Gonzalez: -- we have -- that's where we have a problem, because Commissioner Teele and I share Wagner Creek, and I have Comfort Canal, and there is no way, there is no way in life, unless this is a submarine, that you can get this boat under the bridges on 22nd Avenue and 27th Avenue on the canals. There is no way that you can get these boats under the bridges under Wagner Creek Canal. Chairman Winton: So, that means -- Commissioner Gonzalez: You know, and the idea of buying a boat -- I came up with the idea of buying a boat and do the clean-up ourselves because we were contracting this kind of work, and the kind of work that they were doing was -- you know, they were ripping it off. I felt that the City was being rip off by the people that were doing the clean-up, and I say, how much are we paying, you know, every month or every three months? Might as well buy a boat and we do it ourself at our convenience, or as, you know, the needs determine, but this boat with a cabin -- listen, in Hialeah, if you go to Hialeah and see what they use, they use one of those big flatbed type of boat, you know -- Chairman Winton: Mr. Manager. Commissioner Gonzalez: -- that go through all the canals. Now, if we're going to use it, just exclusively to clean up the waterfront in downtown, then you know, this is perfect. You can't even use a cruise line to clean up the -- Chairman Winton: Could I encourage you -- Commissioner Gonzalez: -- waterfront. Chairman Winton: -- Mr. Manager, to pull this item, and you all come back at the next Commission meeting, because I think Commission Gonzalez is absolutely right, and you know, what you use on Bayfront and on the Miami River may be a different vehicle than you would have to use on some of the other canals -- Mr. Marcos: Right. 78 May 22, 2003 Chairman Winton: -- or you may be able to get a different kind of boat that does it all, I don't know, but you all need to look at it. Commissioner Gonzalez: But Mr. Chairman -- Chairman Winton: Yes. Commissioner Gonzalez: -- I don't think that we need to buy two equipments. We should buy one equipment that can fit -- Chairman Winton: Well, that's what I asked -- Commissioner Gonzalez: -- you know, all means. Chairman Winton: -- him to figure out. I don't the -- Commissioner Sanchez: I think that's -- Chairman Winton: -- the answer to that. Mr. Marcos: Commissioner Gonzalez. Chairman Winton: I don't know if they have a -- Mr. Marcos: Can I just interrupt for a second? We're not buying the actual boat. What we're doing is we're acquiring the services for the Scavenger 2000, and that particular boat will be utilized to clean the Miami River and some of the actual navigable waters. Chairman Winton: OK. You got next. Unidentified Speaker: Give me a second. Commissioner Sanchez: Well, you need to make that statement. Albert Dominguez: It's Albert Dominguez, acting director for the Public Works. To address a couple of things, the origin of this is because we identified the need to clean some bayfront areas; the Miami River and some other navigable canals. We got the chance to double the City's money by being able to put in $100,000 worth of the City's money, and we get $100,000 worth of grant, so we actually get $200,000 worth of service with this particular boat, which increases. Now, this is a separate issue from the cleaning of the canals that are not navigable. We are increasing our level of service for cleaning all of the non -navigable canals, like the Comfort Canal, and the Wagner Canal, and so forth, but this, for example, would be able to clean the Sewell Canal that's right next to Sewell Park because that's navigable. It has a water canon that allows for -- 79 May 22, 2003 Chairman Winton: Well -- excuse me. Mr. Dominguez: Sure. Chairman Winton: I don't think that we need that piece of explanation. What we need is the explanation that's clear and concise that deals with Commissioner Gonzalez' principal concern, which is how do I get my canals cleaned. That's what he wants to know. Mr. Dominguez: OK. Commissioner Gonzalez: Also, we have Blue Lagoon. The Blue Lagoon, where we had the Maceo Park. Chairman Winton: Well, Blue Lagoon's navigable. Commissioner Gonzalez: You know, that lake hasn't been cleaned in I don't know how long, you know, and the issue is that -- Chairman Winton: The Blue Lagoon's navigable, though. They should be able to use this in Blue Lagoon. Commissioner Gonzalez: Well -- Mr. Dominguez: The Blue -- Chairman Winton: Answer it, please. Mr. Dominguez: They could use it. I don't believe that this particular boat is trailable. It's not - - it is trailable, so if it is trailable, you would be able to put it into a ramp and into Blue Lagoon. Blue Lagoon is navigable; Comfort Canal is not. It's got too many culverts. Chairman Winton: OK. Commissioner Gonzalez: But, Albert, let me tell you. You just said something that really upset me, OK. Is this coming from your department? Mr. Dominguez: Yes. We will be the end user administrator, yes, sir. Commissioner Gonzalez: OK, so you are recommending to acquire this equipment of these services and you don't even know if it is trailable or no? You have to ask -- who's the gentleman, is he the vendor? He's the vendor -- Mr. Dominguez: The -- Commissioner Gonzalez: -- so you all have to ask -- at the time that we have this discussion before the City Commission, you have to ask the specifications of this equipment. I don't think 80 May 22, 2003 that is the proper way to present an item before the City Commission for approval. You -- I believe it is your responsibility to know all the capabilities, and all the specifications of any equipment that you're proposing before this Commission for approval to be acquired, because we might say, "Yes, let's use it, and buy it, and do whatever it is, and spend the money," and then three months from now, you come back and say, "Oh, I'm sorry. You know, it's not working." Chairman Winton: Mr. Manager. Mr. Arriola: Let me explain something. This is to accept $100,000 in-kind and we're going to put 100,000. That has nothing to do with cleaning up your canal. We have other equipment that we're going to clean up the canal. Commissioner Gonzalez: No. Wait a minute. Wait a minute, Mr. Manager. Wait a minute, wait a minute. You just said something that I don't really like the way you said it, OK. Mr. Arriola: I'm sorry. Commissioner Gonzalez: They are not "my canals." Mr. Arriola: Oh, our canals. I'm sorry. Commissioner Gonzalez: They are the City of Miami residents' canals. Mr. Arriola: Forgive me, you're right. Commissioner Gonzalez: I don't own any -- Chairman Winton: Well -- Mr. Arriola: You're right. Commissioner Gonzalez: -- canals in the City of Miami. Mr. Arriola: You're right. I meant to say it, because you had said the canals in your district and Commissioner Teele's district. We are going to take care of those canals, I could assure you. This is an opportunity to double our money for something that we will use in 75 percent of our waterways. That does not mean that we are not going to clean the other 25 percent. This is just a vehicle to help us clean a great part of our waterways. We are not -- Chairman Winton: Which also needs cleaning. Mr. Arriola: -- excluding anybody from this, OK. Commissioner Gonzalez: My only concern is that whenever we have a need to clean up the Wagner Creek Canal in the area in my district that affect my residents, not me because I don't 81 May 22, 2003 live on a canal, and I don't have a canal. The closest canal closest to my house is about 15 blocks away, OK, that affects Commissioner Teele on the area of 7th Avenue, or whenever we have a problem in the canal, in the Comfort Canal, that runs from west to east across the entire City of Miami, and it's a -- it affects the entire City of Miami -- that we have the equipment, the proper equipment to clean it up, as to have the proper equipment to clean up Bayfront Park -- Mr. Arriola: Yes. Commissioner Gonzalez: -- Coconut Grove -- Chairman Winton: Right. Commissioner Gonzalez: -- and whatever waterway that we have to clean up. Chairman Winton: So -- Commissioner Gonzalez: That's my only concern. Chairman Winton: Right, and I agree with that concern. I've asked the question already once, and Mr. Manager, not to hold up this process, but I would like you to put on the agenda at the next Commission meeting a definitive response to how -- Mr. Arriola: Yes, sir. Chairman Winton: -- you're going to deal with this issue -- Mr. Arriola: Yes, sir. Chairman Winton: -- so that we can deal with it at the next Commission meeting, if you don't mind. Mr. Arriola: And I agree with you one hundred percent. Chairman Winton: Thank you. Mr. Arriola: I just wanted to separate one -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Mr. Arriola: -- from the other, but I will address that, and I'll bring it to the next Commission meeting, sir. Chairman Winton: Vice Chairman Teele. 82 May 22, 2003 Commissioner Gonzalez: Thank you, Mr. Chairman. Vice Chairman Teele: Mr. Chairman, I was going to commend Albert, the Public Works director, but since you stepped into it, I'll save my commendation, but I did want the record to note that you all did a lot of research in going to the city of Washington, DC, and several others and getting the references. I would -- since the matter has been held up, I'm going to inquire of the Purchasing Department to see, hasn't somebody purchased this service before, and if so, you know, rather than doing a sole source, you could probably do a piggyback? I mean, that's not the issue that Commissioner Gonzalez is raising, but I am totally in support of the issue that Commissioner Gonzalez raises, and I think the answer -- the short answer, Albert, is we're going to get a canoe for those canals because this boat, obviously, is not going to do it. I mean, he's 100 percent right. Chairman Winton: And Albert (INAUDIBLE). Vice Chairman Teele: But, obviously, you can't have a one -size -fits all. This is going to deal with some of it. I don't know why you would be cleaning up the Miami River right now with the Corp of Engineers about to spend $100 million, or 70 million, or whatever the -- how much is the clean-up? What's the clean-up of the -- Chairman Winton: David. Vice Chairman Teele: -- the total clean-up of the Miami River. David Miller: It's estimated -- Chairman Winton: Name and address. Vice Chairman Teele: Your name and address, for the record. Mr. Miller: David Miller, managing director with the Miami River Commission, address 4600 Rickenbacker Causeway. Currently, the estimated cost for the dredging project is somewhere between 60 and $70 million. They expect it to go lower. If I may comment on this, we are one of the funders that's contributing money for this clean-up vessel, and this vessel is designed specifically to clean outfalls, where the storm sewers come into the river. When they come in to the bay, a lot of trash comes in through there and piles up everywhere, especially in Bayside and different areas, and this vessel is designed not to clean smaller canals. You need flat -bottom, you know, hand -rake type of stuff for that. This is designed for a larger operation where they can clean the river, and not only does it pick up the trash, it actually cleans up oil spills, oxygenates water; does a lot of good environmental work for the project, and with the -- Vice Chairman Teele: Could we get it onto the Blue Lagoon or the Lagoon over -- Mr. Miller: Yes. Vice Chairman Teele: -- there and -- 83 May 22, 2003 Mr. Miller: It's in the con -- Vice Chairman Teele: -- oxidate [sic] that water in there and -- Mr. Miller: Absolutely. Vice Chairman Teele: -- make the fish happier? Mr. Miller: I believe so. I'm not sure about the fish being happier, but it can be done -- Vice Chairman Teele: OK. Mr. Miller: -- but that is in the contract. Blue Lagoon is covered in there, so the area -- Vice Chairman Teele: The Blue Lagoon is in the contract? Mr. Miller: The areas where this boat can get into is definitely where it's going to -- clean up for the whole City of Miami, including -- you know, the Miami River is our interest, but it also cleans the bay. There's, I believe, over 160 outfalls where storm water goes into the bay and the river that this vessel is designed to help clean up and remove some of that trash. Chairman Winton: Mr. Manager, it's all in the presentation. Mr. Arriola: I agree with you, sir. Chairman Winton: Thank you. OK. Do we -- Commissioner Gonzalez: OK. Chairman Winton: -- have any further discussion on this item? Commissioner Gonzalez: No. That's it. Chairman Winton: Need a motion and a second. Vice Chairman Teele: What's the motion? Chairman Winton: To approve Item 7. Commissioner Gonzalez: Move Item 7. Vice Chairman Teele: Second. Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, LL " aye. 84 May 22, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-593 A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING THE CITY'S WATERFRONT UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, THE SOLE SOURCE PROVIDER, FOR A TOTAL AMOUNT NOT TO EXCEED $200,000, FOR THE DEPARTMENT OF MUNICIPAL SERVICES; ALLOCATING FUNDS IN THE AMOUNTS OF $50,000 FROM THE PUBLIC WORKS OPERATIONS BUDGET ACCOUNT NUMBER 001000.311002.6.670 AND $50,000 FROM THE GENERAL FUND — NON DEPARTMENTAL ACCOUNT NUMBER 001000.921002.6.930; AND THE CITY WILL ALSO RECEIVE IN-KIND CONTRIBUTIONS IN THE AMOUNT OF $75,000 FROM THE FLORIDA EXPORT FINANCE CORPORATION AND $25,000 FROM THE MIAMI RIVER COMMISSION TOTALING $100,000.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: Thank you very much. 85 May 22, 2003 11. AUTHORIZE CITY ATTORNEY TO INITIATE ALL APPROPRIATE ACTIONS IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, ANY ACTION BEFORE ADMINISTRATIVE FORUMS TO EVICT ALL OCCUPANTS OF CITY -OWNED PROPERTY LOCATED AT 400-430 SOUTHWEST 8TH AVENUE AND TO RECOVER ANY OUTSTANDING OR UNPAID CHARGES OR AMOUNTS DUE TO CITY. Chairman Winton: I guess we go to 8A. Commissioner Gonzalez: Move 8A. Chairman Winton: Is that correct? Vice Chairman Teele: Second. Chairman Winton: Or did we do 8? Vice Chairman Teele: We did 8. Commissioner Gonzalez: Yeah, 8. Chairman Winton: Oh, yeah, this was 8, OK. 8A, got a motion and a second. I have one question. Why -- I don't understand why this items' even before us. Does the Commission have to take action on evicting tenants? Commissioner Gonzalez: This is City property. Alejandro Vilarello (City Attorney): Any affirmative litigation has to be authorized by the City Commission. Chairman Winton: Including evicting a tenant because they're not doing -- Commissioner Gonzalez: This is City property. Chairman Winton: Wow. That seems a bit much to me. I mean, that's a normal part of business. If people aren't paying rent, you evict them. I mean -- so, it seems to me that that's something that we ought to look at changing somehow. Commissioner Sanchez: But, Johnny, he hasn't paid rents for years. Chairman Winton: Well, that's my point, why -- Commissioner Sanchez: He owes the City more than half a million dollars -- Vice Chairman Teele: Yeah, but -- Commissioner Sanchez: -- he's operating a church in there. 86 May 22, 2003 Vice Chairman Teele: -- Commissioner Winton's point, though, is why is staff putting this on the Commission to do? Why not the Law Department, and it's a legitimate question, and I'm not -- Mr. Attorney, I wish you would answer Commissioner Winton's question directly. Is this something absolutely required for the Commission to approve? Mr. Vilarello: The City charter does not authorize the City Attorney to seek affirmative relief in the courts without the direction of the City Commission. If you wish to pass a resolution that authorizes the Manager to direct me to go forward on any evictions, that would be sufficient. Chairman Winton: Well, it seems to me that that's a motion we ought to entertain, because it's nuts that they have to come to us if people aren't paying their rent. That's -- Commissioner Gonzalez: To ask Commission to get evicted. Chairman Winton: Yeah, so if -- I would certainly entertain -- Mr. Vilarello: So, we'll bring -- Chairman Winton: Well, we're on 8A. Vice Chairman Teele: I (INAUDIBLE) that's going to wind up being a discussion, because I know when my colleague gets back -- he's not here. Chairman Winton: Yeah. Vice Chairman Teele: -- he's going to say, "Look, before somebody's evicted in my district, I want to know about it," and -- Chairman Winton: So -- Commissioner Gonzalez: Well, that is -- that's in Commissioner Sanchez -- Commissioner Sanchez: That's my district, but if -- you know, if we want to wait till Commission Regalado gets here -- Chairman Winton: Right, we'll wait till he comes back. Vice Chairman Teele: No, no, no, no, no, I'm not proposing that. Chairman Winton: Not on this issue. Vice Chairman Teele: I'm not about -- not this issue. I'm talking about policy. Chairman Winton: Yeah, on policy. 87 May 22, 2003 Commissioner Gonzalez: Oh, insurance (UNINTELLIGIBLE). Chairman Winton: So, we have a motion and a second on this item. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-594 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK AND INITIATE ANY AND ALL APPROPRIATE ACTIONS IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, ANY ACTION BEFORE ADMINISTRATIVE FORUMS TO EVICT ANY AND ALL OCCUPANTS OF THE CITY -OWNED PROPERTY LOCATED AT APPROXIMATELY 400-430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AND TO RECOVER ANY OUTSTANDING OR UNPAID CHARGES OR AMOUNTS DUE TO THE CITY Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Chairman Winton: But I would like to, if you all remind me, this afternoon when Commissioner Regalado is here, talk about the policy. 88 May 22, 2003 12. AUTHORIZE MANAGER TO ACCEPT CONVEYANCE OF PROPERTY LOCATED AT 1431 N.W. 17' STREET IN "AS IS" CONDITION, CONTAINING 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS FROM SECRETARY OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), BY HUD DEED, TO CITY FOR PURCHASE PRICE OF ONE DOLLAR ($1.00). Chairman Winton: Item 9. Commissioner Gonzalez: Move Item 9. Vice Chairman Teele: We ready for green leaves? Chairman Winton: We have a motion and a second on 9. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-595 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF THE PROPERTY LOCATED AT 1431 N.W. 17' STREET, MIAMI, FLORIDA, IN "AS IS" CONDITION, CONTAINING APPROXIMATELY 10,350 SQUARE FEET OF LAND WITH IMPROVEMENTS (THE "PROPERTY") AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, FROM THE SECRETARY OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), BY HUD DEED, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE CITY OF MIAMI FOR THE PURCHASE PRICE OF ONE DOLLAR ($1.00); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND ANY INCIDENTAL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY AND PROPER TO ACCEPT THE PROPERTY 89 May 22, 2003 Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 13. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11557, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR SPECIAL REVENUE FUND ENTITLED: "STOP VIOLENCE AGAINST WOMEN", TO INCREASE APPROPRIATIONS, $209,032, CONSISTING OF GRANT FROM FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, $156,774 AND IN-KIND SERVICES MATCH, $52,258. Chairman Winton: Item 10. Vice Chairman Teele: Mr. Chairman, a 3 p.m. -- Commissioner Gonzalez: OK. Vice Chairman Teele: -- time certain. Priscilla A. Thompson (City Clerk): Time certain. Chairman Winton: Oh, that's 3 p.m.? Vice Chairman Teele: That's a public notice. Chairman Winton: Oh. Commissioner Gonzalez: This is 3 p.m., right? Chairman Winton: Yeah. It says that right in front of me, but I can't read today. Item 11, grant. Vice Chairman Teele: So moved. Commissioner Gonzalez: Second. Chairman Winton: We have a motion and a second on 11. Discussion. Being none, all in favor, LL " aye. 90 May 22, 2003 The Commission (Collectively): Aye. Ms. Thompson: It's an -- I'm sorry. It's an ordinance. Chairman Winton: Oh, sorry. It's an ordinance accepting a grant. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11557, AS AMENDED, ADOPTED OCTOBER 14, 1997, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A SPECIAL REVENUE FUND ENTITLED: "STOP VIOLENCE AGAINST WOMEN", TO INCREASE APPROPRIATIONS, IN THE AMOUNT OF $209,032, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES IN THE AMOUNT OF $156,774 AND IN-KIND SERVICES MATCH IN THE AMOUNT OF $52,258; AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT SAID GRANT AND EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, (2) EXPEND MONIES FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE THE OPERATION OF THE PROGRAM; AND (3) AMEND EXISTING PROFESSIONAL SERVICES AGREEMENTS WITH INDIVIDUALS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROVISION OF VICTIM ADVOCATE SERVICES AND A VICTIM ADVOCATE ADMINISTRATOR, IN AN ANNUAL AMOUNT NOT TO EXCEED $149,100, AND TO FURTHER EXTEND SAID AGREEMENTS FOR A ONE-YEAR PERIOD; FURTHER ALLOCATING FUNDS IN THE AMOUNT OF $52,258 FROM THE POLICE GENERAL OPERATING BUDGET FOR THE REQUIRED IN- KIND MATCHING FUNDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 91 May 22, 2003 was introduced by Vice Chairman Teele and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Tomas Regalado Whereupon the Commission on motion of Vice Chairman Teele and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12365. Ms. Thompson: The ordinance is adopted as an emergency, 4/0. 14. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 12280, CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE PREVIOUSLY APPROVED CAPITAL PROJECT ENTITLED "KENNEDY PARK IMPROVEMENTS," CAPITAL PROJECT ENTITLED "VIRRICK COMMUNITY WATER SPORTS CENTER" AND CAPITAL PROJECT ENTITLED "WATSON ISLAND IMPROVEMENTS" BY APPROPRIATING $915,000 FROM UNALLOCATED GENERAL FUND CONTRIBUTION FUNDS AVAILABLE IN CAPITAL FUND. Chairman Winton: Capital project ordinance, number 12. Need a motion. Vice Chairman Teele: So move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. 92 May 22, 2003 Chairman Winton: Oh, this -- Priscilla A. Thompson (City Clerk): This is another ordinance. Chairman Winton: -- is an ordinance. Mr. City Attorney, read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled — AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12280, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, TO REVISE PREVIOUSLY APPROVED CAPITAL PROJECT NO. 333112 ENTITLED "KENNEDY PARK IMPROVEMENTS," CAPITAL PROJECT NO. 333124 ENTITLED "VIRRICK COMMUNITY WATER SPORTS CENTER" AND CAPITAL PROJECT NO. 333126 ENTITLED "WATSON ISLAND IMPROVEMENTS" BY APPROPRIATING $915,000 FROM UNALLOCATED GENERAL FUND CONTRIBUTION FUNDS AVAILABLE IN THE CAPITAL FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Vice Chairman Teele and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Tomas Regalado 93 May 22, 2003 Whereupon the Commission on motion of Vice Chairman Teele and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12366. Ms. Thompson: The ordinance is adopted as emergency measure, 4/0. Vice Chairman Teele: May I inquire -- Chairman Winton: Yes, sir. Vice Chairman Teele: -- now that this is over? What's going on here? Why is this an emergency, and why are we taking $900,000 of general fund? I'm not objecting, and I didn't talk to anybody, and I apologize, but somebody just explain to me, why are we doing this? Jorge Cano: Commissioner Teele, George Cano, Capital Improvements. There are three components there. The Watson Island, we're obligated, as part of a tri -party agreement between MSEA (Miami Sports & Exhibition Authority), the Aviation Center, to have -- identify the funds available for the undergrounding of facilities in Watson Island by June, and this is in association with construction of the Aviation Center -- Vice Chairman Teele: How much is going to Watson Island, and how much -- Chairman Winton: The others. Vice Chairman Teele: -- is going to Virrick Park -- Mr. Cano: OK. Vice Chairman Teele: -- and this goes back to the issue -- Chairman Winton: And Kennedy Park. Vice Chairman Teele: -- that Chairman Winton continues to talk about. It's almost like we're playing a game, and sometimes when I really get into this, you know, I'll do the research, but I just would like to know clearly how much are we putting in Virrick park, and how much are we putting in Watson Island, and how much money -- 94 May 22, 2003 Mr. Cano: The undergrounding of the Watson Island -- of the utilities is $315,000; the Virrick Park for the water sports is approximately $400,000. Originally, the Virrick Park -- Vice Chairman Teele: So, that's 300 and 400 is 700. Mr. Cano: Yes, sir. Vice Chairman Teele: Rounded off to 800. Where's the other hundred? Chairman Winton: Kennedy Park's 200, I see here, for the new parking. Mr. Cano: That was parking at Kennedy Park, sir. Vice Chairman Teele: Thank you. Mr. Cano: You're welcome. Chairman Winton: But -- I will jump in here, as well, and I think what Commissioner Teele is asking, and I think it is the appropriate question, and even though, you know, we do ask this question every single time. These items happen to be in my district. I don't consider the Watson Island mine, but certainly Kennedy Park, and the Virrick gym is, and I guess the real question is, why isn't this coming out of some -- out of our CIP (Capital Improvement Projects) budget somewhere, if not the bond issue, then the other 140 million, and why out of the general fund, and if this can come out of the general fund, then what else comes out of the general fund, and that's his question, and that's a legitimate question, and I'm not sure that question really is adequately answered yet. I don't understand it, and Commissioner Teele asked it, and he was very gracious here. Vice Chairman Teele: I didn't want to get into a discussion because these things always wind up seeming personal, but what -- Chairman Winton: But it's not. Vice Chairman Teele: -- but it's not. What bothers me is, I'm just trying to understand the rationale. At Hadley Park, as an example, they've got a major problem because the security system doesn't work, you know, and I don't know what -- you know, if there's an emergency, I don't know what's a bigger emergency than that. They've got drapes that they've been waiting for that -- for over a year that haven't been delivered. The people are saying the City won't make the payments, and you know, I don't want to get into who's an emergency or who's not an emergency, but security systems, a building not being locked up; somebody comes in there, rips the place off for 3 or $400,000, that, to me, is an emergency, so I'm just asking that we get some consideration, and I'd like to, you know, understand, privately, you know, how these are being allocated, because it just seems to me that these kinds of dollars should be used to maintain what we've got, as Commissioner Winton was alluding to -- 95 May 22, 2003 Chairman Winton: Yes. Vice Chairman Teele: -- the general fund, and then we've got to bond funds for parks, et cetera, for new projects and new activities, I thought, but you know, what I don't want to do is to see the existing park structure being overlooked by the new projects coming on board, and I'm really concerned about the lack of attention to some things that are really going to cost us a lot of money, and see, the problem I think is that Capital Improvement, you don't maintain the existing structures, do you? Mr. Cano: No, sir. Vice Chairman Teele: See, we've got to make sure that -- Chairman Winton: (UNINTELLIGIBLE). Vice Chairman Teele: -- the Public Works capital improvement stays balanced, and that this thing doesn't go -- I mean, I guess congratulations on you're being named "Acting," so now you've got to responsibility maybe -- Joe Arriola (City Manager): One of the problems we've run into, Commissioner, is precisely what you just said, and unfortunately, in our budget process, we don't have -- we didn't have a line item for maintenance. That's never going to happen again. We're going to make sure we have that -- Vice Chairman Teele: We've never had a line item. Mr. Arriola: -- but it's a killer, because you know, we're struggling constantly to find money for some very, very simple projects. I could assure you, in our next budget, I'm going to make sure that that doesn't happen, but it is a problem for us right now. Chairman Winton: Well, if I could make a comment, and it may be a suggestion. This -- the Kennedy Park thing, there's been a shortage of parking there forever, and I would consider the fact that if there's a real security issue that could result in us losing $350,000 worth of equipment, I would gladly -- you know, this parking situation can be dealt with six months from now in the next year's budget, and I appreciate the help, and I appreciate what you all were doing here, but I don't mind taking this out and moving it to somewhere where we can -- Vice Chairman Teele: Well, I don't want to -- I think that sends the wrong signal, when you take dollars -- Chairman Winton: I don't -- Vice Chairman Teele: -- from one and -- because -- Chairman Winton: But I don't mind. I mean, it's -- 96 May 22, 2003 Vice Chairman Teele: Yeah, but -- Chairman Winton: -- I agree with the kind of citywide priorities. Vice Chairman Teele: Let's ask the management to look into that and to come back at the next meeting. Chairman Winton: OK. Mr. Cano: OK. 15. FIRST READING ORDINANCE: AMEND CITY CODE ENTITLED "ALCOHOLIC BEVERAGES," BY REPEALING SECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS," AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," TO MODIFY AND CLARIFY DEFINITIONS, AND ESTABLISH HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; ADD NEW SECTION 4-14 ENTITLED "REQUIREMENTS FOR RESTAURANTS," TO REGULATE CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS. Chairman Winton: Item 13. Commissioner Sanchez: So move, Mr. Chairman. Chairman Winton: We have a motion -- Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Discussion. Being none -- Commissioner Sanchez: Discussion. Chairman Winton: -- it's an ordinance. Yes. Oh, I'm sorry. Commissioner Sanchez, you have a comment? Commissioner Sanchez: Well, discussion. Let me just -- you -- Mr. Chairman, you, as well as the entire Commission, knows about -- know about the problems that we're having with these small cafeterias that are basically -- are creating an atmosphere of illegal activities, in many ways. You know, they serve food till a certain amount, and then at night, they become illegal bars, and of course, we know the implementation [sic] that that has to the quality of life, and this is something that we're doing to try to tackle a lot of these, and I have a hundred -some cafeterias in my district, and I'm not saying all of them are violating the laws. Now, as it is, it's 50/50 with food, and beer and wine, and in many of these cases, people just walk in and they have a beer, and it becomes a bar, and in many ways, people are walking in, and you buy a beer, and then if you have a lady sit next to you, the beer is about $14, so that creates other issues, because you know, working people go there, and they spend -- 97 May 22, 2003 Chairman Winton: They bought more than beer. Commissioner Sanchez: -- their money, then they get home and their wife go, "Where were you at? I was at the bar" -- Chairman Winton: I was buying beers. Commissioner Sanchez: -- "and where's your check? Well, I spent it all," and then domestic violence, and other things that are coming into play, so this is a step in the -- Chairman Winton: Divorce. Commissioner Sanchez: -- right direction to try to tackle a lot of these criminal activities, not only in my district, but I assure you that Allapattah continues -- Chairman Winton: Absolutely. Commissioner Sanchez: -- to have that problem. Commissioner Gonzalez: A lot of them. Commissioner Sanchez: Flagami continues to have that problem, but I just want to make sure that, you know, we create these laws. I want to make sure that the law has the teeth, and we're going to go out there and we're going to enforce these laws, because what's the sense of passing laws that we don't enforce, so I would like to see later on the Police Department come back and basically give us reports of "Yes, we went to this bar; we did surveillance. There was legal activity as to legal drinking, gambling." There's a lot of gambling going on, and I will ask the Administration to also look at certain ordinance that Miami Hialeah passed -- Commissioner Gonzalez: (UNINTELLIGIBLE). Commissioner Sanchez: -- pertaining to the gambling machines, those -- what are they called? Alejandro Vilarello (City Attorney): Well, they're video machines that are used -- Commissioner Sanchez: Video -- Mr. Vilarello: -- for gambling. Commissioner Sanchez: Video machines, and you know, they're Pac-Mans, and then they flip them. They just have the cover of Pac-Man -- Chairman Winton: Wow. 98 May 22, 2003 Commissioner Sanchez: -- and then they flip them, and they become regular gambling machines Commissioner Gonzalez: Gambling machines. Commissioner Sanchez: -- so all these activities really have a negative impact, and I think we've worked very hard to improve the quality of life throughout the City, especially in our districts, so we need to tackle these issues, and I commend the Administration for bringing this legislation forward, which will improve the quality of life, and of course, reduce crime, so that's why it was my pleasure to make the motion to move. Joe Arriola (City Manager): Commissioner, you know that this is not the only one that we're bringing forward. I mean, as I've said to some of you privately, I -- we have four or five more coming in the next Commission meetings, because I really think quality of life issues are -- Chairman Winton: Huge. Mr. Arriola: -- huge in the City of Miami, and right now, we don't have the, like you said, teeth in some of these laws for us to do it properly, but I can -- Chairman Winton: Well, in the -- Mr. Arriola: -- assure you that that's what we're trying to get. Chairman Winton: For the first time in a long time in this City, we're beginning to truly hammer the bad guys and reward the good guys, so that the good people in neighborhoods can stand up and fight for the right cause, and they don't get trampled by the bad guys, and so this is a great thing. Commissioner Gonzalez: Once again, Mr. Chairman, this is also contributing to improve the quality of life -- Chairman Winton: Right. Commissioner Gonzalez: -- of our City and our neighborhoods. Chairman Winton: Would you read the ordinance, please, Mr. City Commissioner -- City Attorney? The Ordinance was read by title into the public record by the City Attorney. 99 May 22, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," BY REPEALING, IN THEIR ENTIRETY, SECTIONS 4-2 AND 4-3 AND SUBSTITUTING IN LIEU THEREOF NEW SECTIONS 4-2 AND 4-3, ENTITLED "DEFINITIONS," AND "HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES," RESPECTIVELY, TO MODIFY AND CLARIFY RELEVANT DEFINITIONS, AND ESTABLISH THE HOURS IN WHICH ALCOHOLIC BEVERAGES MAY BE SOLD; FURTHER ADDING NEW SECTION 4-14 ENTITLED "REQUIREMENTS FOR RESTAURANTS," TO REGULATE THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE PREMISES OF FOOD AND BEVERAGE RETAIL ESTABLISHMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 16. FIRST READING ORDINANCE: AMEND SECTION 54-342 OF CITY CODE, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO INCREASE NUMBER OF MEMBERS ON COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN MEMBERS TO INCLUDE REPRESENTATIVE OF COCONUT GROVE CHAMBER OF COMMERCE AS MEMBER OF COMMITTEE. Chairman Winton: Fourteen, this is a first reading ordinance on redoing the Coconut Grove Special Events and Marketing Committee, which Commissioner Regalado chairs, so need a motion. Commissioner Gonzalez: Move 14 Commissioner Sanchez: Second. 100 May 22, 2003 Vice Chairman Teele: Is he in support of this item? Chairman Winton: Yeah. Commissioner Sanchez: It's his. Chairman Winton: My under -- Vice Chairman Teele: This is his item? Chairman Winton: Yes. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: I knew -- excuse me one second before you go there. Isn't there a problem, though, if you have -- how do you break a tie if you've got ten members? Commissioner Gonzalez: You'll never break it. Vice Chairman Teele: Give the Chairman the vote -- give the Chairman the right to break a tie. Mr. Attorney. Commissioner Sanchez: That's the way it should be. Mr. Vilarello: Well, right now, the Chairman is a voting member, so he participates in a tie. Vice Chairman Teele: He's just an extraordinary vote. Commissioner Sanchez: Yeah, so he can -- Vice Chairman Teele: In cases of a tie -- Commissioner Sanchez: Tie, he votes. Vice Chairman Teele: -- he's going to have an -- Chairman Winton: An extraordinary vote. Vice Chairman Teele: -- additional -- extraordinary vote. Mr. Vilarello: OK. We'll amend that for second reading. Chairman Winton: OK, so you'll do that, you'll amend -- can we do the amendment now? Mr. Vilarello: Well, this is just first reading of the ordinance. 101 May 22, 2003 Commissioner Sanchez: But you don't need an amendment. Chairman Winton: OK. Commissioner Sanchez: You said he votes. Mr. Vilarello: He votes, but that would bring it to ten. Commissioner Sanchez: Oh. Mr. Vilarello: Now that Commission -- Vice Chairman Teele: That means, in the case of a tie, he has -- Mr. Vilarello: The suggestion has been -- exactly. Commissioner Sanchez: Oh, OK. Chairman Winton: He has an extraordinary vote, so OK. Roll call, please. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLES IX OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT", TO INCREASE THE NUMBER OF MEMBERS ON THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FROM NINE TO TEN MEMBERS TO INCLUDE A REPRESENTATIVE OF THE COCONUT GROVE CHAMBER OF COMMERCE AS A MEMBER OF THE COMMITTEE; MORE PARTICULARLY BY AMENDING SECTION 54- 342; CONTAINING A REPEALER PROVISION; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 102 May 22, 2003 Ms. Thompson: The ordinance is passed on first reading, 4/0. 17. FIRST READING ORDINANCE: CREATE NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2003 - 2004; APPROPRIATE FUNDS FOR ITS OPERATION, $344,114; AUTHORIZE MANAGER TO ENTER INTO TWO AGREEMENTS, $9,370 FROM STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND $334,744, FROM STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT TO FUND PROGRAMS FOR DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY PARKS AND RECREATION DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES. Chairman Winton: Fifteen is a grant. Need a motion. Vice Chairman Teele: So move. Commissioner Sanchez: Second. Chairman Winton: Got a motion and a second accepting a grant. It's an ordinance. Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION CREATING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2003 - 2004; APPROPRIATING FUNDS FOR ITS OPERATION IN THE ESTIMATED TOTAL AMOUNT OF $344,114; FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO AGREEMENTS, ONE IN AN ESTIMATED AMOUNT OF $9,370 FROM THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND ANOTHER IN THE ESTIMATED AMOUNT OF $334,744, FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT; SAID AGREEMENTS TO FUND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE PARKS AND RECREATION DEPARTMENT THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES DURING THE PERIOD OF JULY 1, 2003 THROUGH JUNE 30, 2004; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID AGREEMENTS. 103 May 22, 2003 was introduced by Vice Chairman Teele, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 18. AMEND PROPOSED ORDINANCE AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 OF CITY CODE, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO STIPULATE THAT WAIVER WILL REQUIRE UNANIMOUS VOTE OF ALL COMMISSIONERS FOR SECOND READING. FIRST READING ORDINANCE: AMEND CHAPTER 2, ARTICLE XI, DIVISION 2 OF CITY CODE, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", BY ADDING NEW SUBSECTION 2-885(c), TO ALLOW COMMISSION TO WAIVE, BY AFFIRMATIVE FOUR-FIFTHS VOTE, EIGHT YEAR CONSECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEES, AND COMMISSIONS. Commissioner Gonzalez: Move 16. Commissioner Sanchez: Second. Chairman Winton: Got a motion on -- and a second on 16. Discussion. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: I have one recommendation. Chairman Winton: Yes, sir. Vice Chairman Teele: I think it really doesn't speak well of our -- of the City, but no one has a more difficult time trying to fill some of these vacancies, but I really think this should be by unanimous consent. I mean, I think -- as opposed to four-fifths. If somebody's going to stay here -- what's the term of a Commissioner? 104 May 22, 2003 Chairman Winton: Eight years. Mr. Vilarello: Eight years? Vice Chairman Teele: Eight years. If somebody's going to stay here forever, I think it should be all five of us, or all five of the Commissioners agree, so I would only ask, for second reading, that this be by unanimous consent, that is, one Commissioner could say no. Chairman Winton: And I will -- what I will add to that -- and I wanted to add this little story, but I wanted to, you know, move this thing along. I sat on a board that I chaired at one point, where I was having a disagreement with one of the board members, and another board member sitting across the way looks over at the board member that I was having this disagreement with in the board meeting, and said to this person, "Don't worry; Commissioners come and go." I've been here for "X" number of years, and I will be here when that -- when the chairman leaves. I will never forget that, and that person knows who it is, and it's in public -- Vice Chairman Teele: So, you agree with me, huh? Chairman Winton: Yeah. I tell -- I thought -- that -- my blood boiled when I heard that, and I've struggled with this issue because we do have challenges getting good people, and you don't want to lose a good one when you get one, but there's also plenty of people on some of these boards that are real hangers-on, and we're so busy trying to get these slots filled -- Commissioner Gonzalez: Right. Chairman Winton: -- that we just automatically roll them over, and so I have some trepidation about this, and I think that Commissioner Teele's idea is a good one -- Unidentified Speaker: You alone. Chairman Winton: -- that gets us through that issue, where just one vote and they're gone, so I'm more comfortable, but I just wanted y'all to hear that little story line. Yes, sir, Commissioner Gonzalez. Commissioner Gonzalez: Yeah. The reason why I recommended that this be -- that the City Attorney change or come back with this resolution is the fact that we have people that really serve on the boards, and they have the eager and the willingness to serve on the board, and in many cases, we appoint people to boards that they don't show up, and then we're getting the complaints that we don't have a quorum. We can't have our meetings because people are not attending, so it's really contradicting that we have good people, and because we have term limits, we're getting them out of the boards, so you know, this gives us the opportunity to keep the good people, the people that are concerned, and that are dedicated to the boards and to serving the City voluntarily as they do, you know, to keep them on their seats, so -- but I'm willing to accept your amendment. 105 May 22, 2003 Vice Chairman Teele: All right, then, if you're willing to accept it, then I would move the amendment -- to amend it for unanimous consent. Commissioner Gonzalez: Yes, sir. No problem. Chairman Winton: So we have a motion to amend the ordinance -- Commissioner Sanchez: And a second, as amended. Chairman Winton: -- and a second. Vice Chairman Teele: Vote on the amendment. Chairman Winton: Yeah. All in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries on amending the ordinance. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-596 A MOTION TO AMEND PROPOSED ORDINANCE AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 OF THE CITY CODE, AS AMENDED, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO ALLOW THE CITY COMMISSION TO WAIVE, BY AN AFFIRMATIVE FOUR-FIFTHS VOTE, THE EIGHT YEAR CONSECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEES, AND COMMISSIONS, FOR ITS SECOND READING TO STIPULATE THAT SAID WAIVER WILL REQUIRE A UNANIMOUS VOTE OF ALL COMMISSIONERS. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 106 May 22, 2003 Vice Chairman Teele: And I'm very pleased that this is here, because there is a person that I want to appoint to the International Trade Board that has eight years, but -- Chairman Winton: He's (INAUDIBLE). Vice Chairman Teele: -- I can tell you this, if anybody here says "I don't think he should serve," I think that should be the signal that it's time to go, and I mean, I'm willing to subject, you know -- because I think -- Chairman Winton: That's a great -- Vice Chairman Teele: Say again. Chairman Winton: That's a great point. I mean, it's -- I like this idea. Vice Chairman Teele: On the ordinance, you want to read the ordinance? Chairman Winton: Yes, read the ordinance, please, or did you read it? OK. Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, BOARDS, COMMITTEES, COMMISSIONS, STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY", TO ALLOW THE CITY COMMISSION TO WANE, BY AN AFFIRMATIVE FOUR- FIFTHS VOTE, THE EIGHT YEAR CONSECUTIVE TERM LIMIT FOR INDIVIDUALS APPOINTED TO CITY BOARDS, COMMITTEES, AND COMMISSIONS; MORE PARTICULARLY BY ADDING NEW SUBSECTION 2-885(c) TO SAID CODE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 107 May 22, 2003 was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado Ms. Thompson: The ordinance is passed on first reading, 4/0. 19. MANAGER AND CHIEF OF POLICE TO INFORM CITY'S FEDERAL LOBBYISTS ABOUT FUNDS NEEDED TO PUT MORE POLICE OFFICERS IN CRITICAL LOCATIONS FOR PURPOSES OF NATIONAL SECURITY. Vice Chairman Teele: Mr. Chairman, it's 11:40. We still need to take up this issue. I note the presence of our Chief of Police, and I'd like to ask, just for a moment, if he can come forth and give us and the public a quick preview as to where we are on the elevated alert status. I saw him on CNN (Cable News Network), I think it was, the other night giving the world a briefing, and I did want to take this opportunity to commend the Chief on doing an outstanding job of representing the City on national television. It's real positive to see you there in such a positive light. Chief John Timoney (Chief of Police, City of Miami): Thank you, sir. Good morning, Commissioners. Commissioner Sanchez: Good morning. Chief Timoney: As you're all aware, the country has been elevated to a code orange, which means for the City of Miami, there are -- I don't want to mention the locations, but there are certain locations now that have police coverage 24 hours a day, seven days a week that didn't have that coverage just two days ago, and what we'll do now, particularly with the Memorial Day weekend, we'll continue that coverage up and then reassess it on Tuesday. There are other locations where it requires the equivalent of an hourly visit by a patrol officer that covers that geographical area, make the appropriate notifications. We're working close with the, as you're all aware, hotel industry. As you remember, some intelligence came out about two or three months ago, first time there was mention -- there's always mention of high-rise buildings, but in this case, they actually specifically mentioned hotels, and so that's become a real concern. Some of the hotels, of their own volition, have hired off-duty police officers, where the hotel pays the money, and that's very helpful. One other thing of note to Miami, there was a fellow, a New York City cab driver, back in March that made certain threats in New York City, and then took a train down to Miami, believe it or not, in the latter part of March, and we had gotten the information from the FBI (Federal Bureau of Investigations) on that. They tailed him down here. 108 May 22, 2003 He actually went around on a tourist bus, and went out on the boats visiting the port asking certain questions regarding how close can the boats pull up to certain locations, particularly bridges. They've followed this guy for the last two months and arrested him the day before yesterday in New York. Now, they haven't charged him with terrorism. They've charged him with some other things. It's -- the investigation is still ongoing. It's in today's papers in New York and on the AP (Associated Press) wires. It may turn out that -- well, who knows how it may turn out, but there's about three possibilities. He's the real deal, or he's the rooster that's been sent forward to see if he can smoke out investigators, or he's just somebody that's mentally disturbed, but who knows at this point. He has been arrested. He's held in federal court up in New York City, but it's interesting that he, in fact, did come to Miami -- Chairman Winton: Yeah. Chief Timoney: -- did do a tour of the ports and looking at the vulnerable locations, so -- but other than that, sir, nothing else to report. Thank you. Vice Chairman Teele: Chief, one of the hot debates -- Chief Timoney: Yes. Vice Chairman Teele: -- that's going on, raging in Washington, particularly in light of the President's budget that apparently has got $20 billion for state and local government -- Chief Timoney: Yes, sir. Vice Chairman Teele: -- is that many of the Congressmen and Senators are realizing that what Washington has been doing is taking care of themselves and not taking care of the first-line responders -- Chief Timoney: Right. Vice Chairman Teele: -- and there seems to be, particularly in the House of Representatives, a much more appreciation for the first responders. Do we have any handle on how much the elevated alert cost the City of Miami taxpayers to go, say, from the elevated to higher or -- Chief Timoney: We did. Yeah, we actually did that -- as Chief Fernandez is here -- we did that calculation probably about a month ago, and I forget the exact number. He has it, I know, in his folder, the exact number, because -- for example, those police officers that we put at those locations, there are obviously opportunity costs, but are real costs in terms of overtime ideally, because as you're well aware, this year, particularly for Miami, the normal attrition level for the City of Miami has been around 30 police officers per year. It looks like this year, for a whole variety of reasons, that the attrition level will be about 120, almost ten percent of the force -- Vice Chairman Teele: Full-time. 109 May 22, 2003 Chief Timoney: -- will be leaving this year. We're already up around, I think, it's 30 to 40 that we're down, and -- so when we put police officers at these other locations, they're coming from some neighborhood that -- to cover those locations, and so we need to be able to offset that with overtime. That money has been allocated by Washington, for whatever reason, and there are a lot of finger -pointing and blaming. Washington says it went to the State. The State says they haven't got it. I mean -- speaking of Chief Fernandez, here he is -- so supposedly, that money is forthcoming, and that would give us the ability, on those critical locations, to be able to put police officers there, but use them on overtime so you're not stealing them from the neighborhoods to cover those critical locations. Vice Chairman Teele: Well, my final point, Mr. Manager and Chief, would be, I think one of the things that we need to weigh in on is, at the conclusion or at some point, we need to weigh in for money for our City first responders, and we ought to try to get that, and pass a resolution, and instruct our Washington representatives -- Chairman Winton: Right. Vice Chairman Teele: -- to do what we can, because this thing has a multiplying effect. Let me say this, Chief. You weren't here. This City has sponsored and supported Roots and Culture every year for the last three or four years, and it's the only festival in the Haitian community that takes place in the Haitian community because they don't have a park. Chief Timoney: Right. Vice Chairman Teele: It takes place in a street. This year may be the first year we don't have it. It's very difficult to ask -- because the biggest cost is the cost of police. You know, you probably have something like 40 to 60 intersections, depending upon how long it goes, and you know, times two three shifts, and all that sort of stuff, so you know, by committing to this elevated security level, we can't very well ask you to stretch it again because that's -- you know, this is a question of national danger, but it really does begin to deteriorate the services that the Police Department is providing in the neighborhoods, and I just want the public to understand that this is a very difficult point in time, and I -- Chief Timoney: Yeah. Vice Chairman Teele: -- commend you and the Department for what you're doing to keep the City, particularly our hotels and commercial businesses, safe, and I want to be supportive of whatever -- Chief Timoney: I appreciate that. Vice Chairman Teele: -- it takes in doing this, but I really do think that we've got to try to get our money from the federal government. Mr. Manager. Joe Arriola (City Manager): Yeah. I absolutely agree with you. I just got a piece of -- and I'm going to turn it over to the Chief just to kind of emphasize some of the crazies in the world 110 May 22, 2003 today. Commissioner Gonzalez just received this in the mail and has passed it to me, and I'm going to read it. Forgive me for this. Vice Chairman Teele: It doesn't have any powder on it, does it? Mr. Arriola: No, I hope not. Commissioner Sanchez: (INAUDIBLE) try to touch it. Mr. Arriola: It says -- Chairman Winton: Well, if it does, make sure you keep it over there. Mr. Arriola: -- "Criminal Gonzalez, who the hell are you to be arguing and demanding apologies from Police Chief? You're just another slimy, free -loading chunk of Cuban excrement with a big cowardly mouth. Enraged, I'll give you something to be enraged about. Ship your (expletive deleted) to Fidel Castro's, so shut up, (expletive deleted). Shield Harper. I'm 43 years old. You coward are still running away." I mean, this is kind of -- when people talk about crazies and the things that we're facing with -- and I want to pass this -- give you this, Chief -- Chief Timoney: Of course. Mr. Arriola: -- because he's received it, and I think that this is -- Chief Timoney: We'll take it. Mr. Arriola: -- something -- Commissioner Gonzalez: Yeah. Mr. Arriola: --to -- Commissioner Sanchez: (UNINTELLIGIBLE). Mr. Arriola: -- look into it. Yeah. Ramos, it said, and you know, I'm not a police investigator, but -- Chief Timoney: Right. Commissioner Gonzalez: I'm just going to make a simple statement, and Commissioner Teele, over and over and over, you talk about racism in this City, and I take it as another example of very racism that continues to be in this City against Blacks and Hispanics, and I'm just going to answer because this coward, if he's so brave, what he should do -- and I'm going to address it. If he's watching TV (television), I can tell you that I'm ready to take you at any time, any day, anywhere, and any manner that you're ready. I'm ready for you, as a man, as a Cuban, and as a City Commissioner, so the ball is in your courtyard. If someone is a coward, it's you that don't 111 May 22, 2003 have the guts to come and stand here in front of me and tell me all the offenses that you have wrote in that letter. Thank you, Mr. Chairman. Chairman Winton: OK. Anything else on this issue? Chief Timoney: No. We will look into this. We'll get back to you with the figures on the costs, and Commissioner Gonzalez, we'll get back to you on this letter. Vice Chairman Teele: I move that -- Chairman Winton: Thank you. Vice Chairman Teele: -- Chief Timoney be named as seconds for Commissioner Gonzalez. Chief Timoney: With pleasure. Chairman Winton: OK. Commissioner Gonzalez: Thank you, Chief. 20. FIRST READING ORDINANCE: AMEND SECTION 11.5-28(c)(4)(c.) ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO EXEMPT CERTAIN MEMBERS OF CIVILIAN INVESTIGATIVE PANEL FROM REQUIREMENT TO COMPLETE CITIZENS POLICE ACADEMY TRAINING OR APPROVED TRAINING THROUGH NACOLE (NATIONAL ASSOCIATION OF CITIZENS' OVERSIGHT OF LAW ENFORCEMENT) OR EQUIVALENT PROGRAMS. Chairman Winton: Where are we, 16A. An ordinance -- Commissioner Gonzalez: Move 16 A. Chairman Winton: We got a motion -- Vice Chairman Teele: Second. Chairman Winton: -- and a second. Commissioner Sanchez: I just have -- Chairman Winton: Yes, sir. Commissioner Sanchez: -- one concern, because really, this was one of the requirements that we placed to assure that all the members here had an insight or an understanding of law enforcement, and my understanding here is that the Chief of Police has a right to appoint someone to that committee. If that person is a law enforcement officer, under Florida Statute, he has to be certified every four years, so he's under -- if he's under law enforcement certification, 112 May 22, 2003 I'm OK with it, or anyone who was a prior law enforcement officer, who isn't in law enforcement anymore and maybe now he's an attorney, and we do have some, as long as they have law enforcement or have been recertified law enforcement within a year, I'm OK with that. Now, Mr. City Attorney, maybe you can elaborate a little bit on that. Chairman Winton: Is it -- Commissioner Gonzalez: And I believe that is what it's all about. The Chief, for example, has an appointment, and he's probably going to appoint a law enforcement officer -- Commissioner Sanchez: Right. Commissioner Gonzalez: -- so why should we have a law enforcement officer go through the academy in order to be -- Commissioner Sanchez: I agree, but it wasn't -- maybe it wasn't -- my understanding that it was a law enforcement officer. Maybe it would -- Commissioner Gonzalez: Yeah. Commissioner Sanchez: -- or a City of Miami police officer. Maybe there was an attorney who was a law enforcement officer at one time, and I think we need to clarify that. As long as that individual is under the certification of the state of Florida as a law enforcement officer or anywhere in the United States as a law enforcement officer within a year, I think it's acceptable. Alejandro Vilarello (City Attorney): Mr. Chairman, the ordinance provided that all members of the Civilian Investigative Panel receive this training. This amendment to the ordinance, which was presented at the request of the Chairman of the Civilian Investigative Panel, simply exempts the Chiefs appointment if the Chiefs appointment is a former law enforcement officer, and it exempts any other member of the Civilian Investigative Panel who has gone through the Citizens' Oversight Law Enforcement training within a year of being appointed to the board. Commissioner Gonzalez: Right. Commissioner Sanchez: OK. John Timoney (Chief of Police, City of Miami): Right. Chairman Winton: So we're clear. Commissioner Sanchez: That's all cleared. Chief Timoney: OK. Chairman Winton: OK, read the ordinance, please. 113 May 22, 2003 Commissioner Sanchez: Thank you, Chief. Great presentation. Chief Timoney: Thank you. Mr. Vilarello: This is -- Chairman Winton: Read the ordinance, please. The Ordinance was read by title into the public record by the City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW" TO EXEMPT CERTAIN MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FROM THE REQUIREMENT TO COMPLETE CITIZENS POLICE ACADEMY TRAINING OR APPROVED TRAINING THROUGH NACOLE (NATIONAL ASSOCIATION OF CITIZENS' OVERSIGHT OF LAW ENFORCEMENT) OR EQUIVALENT PROGRAMS; MORE PARTICULARLY BY AMENDING SECTION 11.5- 28(c)(4)(c.) OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Vice Chairman Teele, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 4/0. Chairman Winton: Seventeen. 114 May 22, 2003 Mr. Arriola: Seventeen, I would like to withdraw. Chairman Winton: Withdraw 17. Do we need a motion? No. It's withdrawn. 21. AMEND RESOLUTION NO. 01-1029 TO NARROW BOUNDARIES OF LITTLE HAITI PARK PROJECT BY MAKING N.E. 64TH TERRACE NORTHERN BOUNDARY BETWEEN N.E. 2nd AVENUE AND N.E. 4TH AVENUE AND EXCLUDING AREA EAST OF N.E. 4th AVENUE TO FEC RAILROAD TRACKS BETWEEN NE 62nd STREET AND N.E. 67' STREET IN ORDER TO MINIMIZE POTENTIAL LOSS OF JOBS IN AREA; MANAGER NOT TO ACQUIRE PROPERTY THAT HAS BEEN HOMESTEAD EXEMPTED AS OF JANUARY 1, 2001 FOR PURPOSES OF ACQUIRING LAND FOR PARK PROJECT. Chairman Winton: Eighteen. Vice Chairman Teele: I so move. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion, second. Resolution. So, a motion, second. Discussion. Being none, all in favor "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, oppose. The motion carries. The following resolution was introduced by Vice Chairman Teele, who moved its adoption: RESOLUTION NO. 03-597 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 01-1029 TO NARROW THE BOUNDARIES OF THE LITTLE HAITI PARK PROJECT ("PARK PROJECT") BY CHANGING TO THE FOLLOWING BOUNDARIES: NORTHEAST 64TH TERRACE AS THE NORTHERN BOUNDARY BETWEEN NORTHEAST 2ND AVENUE AND 4TH AVENUES, AND EXCLUDING THE AREA EAST OF NORTHEAST 4TH AVENUE TO THE FLORIDA EAST COAST RAILROAD ("FEC") RAILROAD TRACKS BETWEEN NORTHEAST 62ND STREET AND 67TH STREETS, MIAMI, FLORIDA (SEE "EXHIBIT A"), TO MINIMIZE THE POTENTIAL LOSS OF JOBS IN THE AREA; AND FURTHER DIRECTING THE CITY MANAGER NOT TO ACQUIRE ANY PROPERTY THAT HAS BEEN HOMESTEAD EXEMPTED AS OF JANUARY 1, 2001, FOR THE PURPOSES OF ACQUIRING LAND FOR THE PARK PROJECT. 115 May 22, 2003 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 22. ACCEPT BIDS OF (1) FLORIDA POLICE PRODUCT FOR PROVISION OF DISPOSABLE RESTRAINTS, (2) CHIEF SUPPLY CORPORATION FOR PROVISION OF FLEX CUFFS AND (3) LYNN PEAVY COMPANY FOR PROVISION OF EVIDENCE TAPE, FOR DEPARTMENT OF POLICE; ALLOCATE FUNDS FOR FLORIDA POLICE PRODUCTS, $20,790, CHIEF SUPPLY CORPORATION, $3,300, AND LYNN PEAVY COMPANY, $9,919.50, TOTAL CONTRACT AMOUNT $102,028.50, FROM POLICE GENERAL OPERATING BUDGET. Commissioner Sanchez: So move 19. Chairman Winton: Nineteen, need a second. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. 116 May 22, 2003 The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-598 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS OF (1) FLORIDA POLICE PRODUCT FOR THE PROVISION OF DISPOSABLE RESTRAINTS, (2) CHIEF SUPPLY CORPORATION FOR THE PROVISION OF FLEX CUFFS AND (3) LYNN PEAVY COMPANY FOR THE PROVISION OF EVIDENCE TAPE, FOR THE DEPARTMENT OF POLICE, EACH FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FOR FLORIDA POLICE PRODUCTS, IN AN ANNUAL AMOUNT NOT TO EXCEED $20,790, CHIEF SUPPLY CORPORATION, IN AN ANNUAL AMOUNT NOT TO EXCEED $3,300, AND LYNN PEAVY COMPANY IN AN ANNUAL AMOUNT NOT TO EXCEED $9,919.50, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $34,009.50, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $102,028.50, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.719. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 23. APPOINT JOSE R. OLIVA AS MEMBER OF PARKS ADVISORY BOARD. Vice Chairman Teele: Twenty and 21 were deferred by a previous action. Commissioner Gonzalez: Right. Vice Chairman Teele: I think 20 was withdrawn. What happened on 20? Chairman Winton: Twenty was deferred. Commissioner Sanchez: Twenty-one, you wanted to -- Commissioner Gonzalez: Twenty was deferred. 117 May 22, 2003 Vice Chairman Teele: Deferred, and -- Commissioner Gonzalez: And 21 -- Vice Chairman Teele: -- 21 was -- Priscilla A. Thompson (City Clerk): Twenty-one was afternoon. Commissioner Sanchez: Twenty-one, Commissioner Gonzalez wanted to discuss. Ms. Thompson: Afternoon. Commissioner Gonzalez: 2 p.m. Vice Chairman Teele: Tomas wanted to discuss 21. Chairman Winton: So, we'll move this to afternoon? Commissioner Gonzalez: Twenty-two. Yes. Yes, sir. Vice Chairman Teele: I move the Mayor's blue page item, authorizing the use of -- Commissioner Sanchez: Second. Chairman Winton: Now, what happened to 22? Did y'all -- what did you say happen to 22? Vice Chairman Teele: Oh, I didn't have a -- Oh, 20 -- Chairman Winton: Twenty-two is an appointment thing, so -- Vice Chairman Teele: So move. Move 22. Chairman Winton: So -- Commissioner Gonzalez: Second. Chairman Winton: -- and it's four-fifths vote, so we got a motion and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 118 May 22, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-599 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 24. AUTHORIZE USE OF LOGO IN CONJUNCTION WITH OFFICIAL SEAL OF CITY ON STATIONARY FOR COMMUNICATIONS RELATED TO "MIAMI 2003 FREE TRADE AREA OF THE AMERICAS MINISTERIAL AND AMERICAS BUSINESS FORUM." Vice Chairman Teele: I move the Mayor's blue page, item number 8, which is authorizing the use of the official seal on the stationery related to -- Commissioner Sanchez: Second. Vice Chairman Teele: -- the Free Trade agreement. Chairman Winton: Got a motion -- Commissioner Sanchez: Second. Chairman Winton: -- and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 119 May 22, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-600 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING USE OF THE ATTACHED LOGO IN CONJUNCTION WITH THE OFFICIAL SEAL OF THE CITY OF MIAMI ON STATIONARY FOR COMMUNICATIONS RELATED TO THE "MIAMI 2003 FREE TRADE AREA OF THE AMERICAS MINISTERIAL AND AMERICAS BUSINESS FORUM." Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Tomas Regalado 25. AUTHORIZE MANAGER TO WAIVE FEES, $1,616.00, FOR EQUIPMENT RENTAL AND PERMIT FEES, FOR OPERATION GREEN LEAVES EVENT, SCHEDULED TO TAKE PLACE AT LEGION PARK ON JUNE 28, 2003 (See #5). Commissioner Gonzalez: We have a -- we're finished. Chairman Winton: Now, we can do some -- Commissioner Gonzalez: We have PZ (planning & zoning), right? Vice Chairman Teele: Well, we've got the citizen's presentation. Joe Arriola (City Manager): And 23, we're withdrawing 23. Chairman Winton: You're withdrawing 23, so 23 -- Commissioner Sanchez: What? Chairman Winton: -- is withdrawn. Now, we do have the citizens -- are y'all ready yet, Mr. Manager -- Mr. Arriola: Yeah. 120 May 22, 2003 Chairman Winton: -- so let's do those before we break for lunch; they've been here, so that is -- Item 2 is first, which is -- Mr. Manager, do you have your numbers ready because I'm going to bring -- Mr. Arriola: Yes, sir. Chairman Winton: -- people up? Mr. Arriola: Yes, sir. Commissioner Sanchez: Do you have money? Chairman Winton: Nadine, thank you for your patience. Please, your name and address for the record, again, please. Commissioner Sanchez: Any money in that account left? Mr. Arriola: We have the -- Chairman Winton: Hold on. Mr. Arriola: -- money man with no money, but we have him there. Chairman Winton: OK, name and address for the record. Nadine Patrice: OK. My name is Nadine Patrice. I'm the Executive Director of Operation Green Leaves, and my address is 221 Southwest 22nd Avenue, Suite 204 -- Chairman Winton: Thank you. Ms. Patrice: -- Miami, Florida. Chairman Winton: Thank you. Mr. Manager. Larry Spring: Mr. Chairman, Larry Spring, chief of Strategic Planning, Budgeting & Performance. We have reviewed our figures, and the forecast that you were provided is correct. Based on the expenditure to date and the appropriations that have already been made, we are forecasting that we will be in a deficit of $1,000. Chairman Winton: As of what point? Mr. Spring: As of right now. Chairman Winton: Before -- Mr. Spring: Before the end of the year. The forecast is for the end of the year. 121 May 22, 2003 Chairman Winton: I don't -- Mr. Spring: We are prepared, via a mid -year -- Chairman Winton: What is -- what -- I don't get it. The forecast right now, what -- and so what's the significance of the next five items as it relates to that issue? Mr. Spring: The significance -- Chairman Winton: Are you saying that -- Mr. Spring: -- of the next five items is that, at this time, we are prepared to approve any waivable fees, which would be permits and things of that nature, which are noncash items. Chairman Winton: OK. Mr. Spring: Any items -- any in-kind services for Police service, Fire, Rescue, Solid Waste would need to be deferred until a mid -year appropriation increase can be considered and approved by the Commission. Vice Chairman Teele: Where is the police budget now year-to-date? Mr. Spring: Expenditure wise? Commissioner Sanchez: The police budget? Lina Blanco (Special Events Coordinator): The police budget for this event is two thousand, eight hundred -- Vice Chairman Teele: No, no, no, no. Mr. Spring: The total. Vice Chairman Teele: Where is the City of Miami police budget year-to-date? Mr. Spring: I don't have that specific figure with me right now, but I can give you an update in about five minutes, if you'd like? Vice Chairman Teele: What's the date of your event? Ms. Patrice: June 28. I had to move it through June 28 from May 10. Vice Chairman Teele: What is waivable, Mr. Manager, on this event? Ms. Blanco: Lina Blanco, Special Events coordinator. Waivable is 1,616. 122 May 22, 2003 Commissioner Sanchez: Those are waivable fees? Ms. Blanco: Waivable fees. City services are 5,122, and that's what we were granting, a total of 6,797.50. Vice Chairman Teele: What are those City services, Police and -- Ms. Blanco: Police, Fire -Rescue, Solid Waste, and Parks and Recreation. The waivable fees are equipment rental, and permit fees, and parks for 1,550, and equipment rental of Solid Waste, and that is it. Vice Chairman Teele: Well, if you come back when Commissioner Regalado is here, he enjoys going to your Green Leaves festival. I know he's been every year that I've been here -- that's the August fest -- maybe you'll have little bit more support. I don't think I can -- Ms. Patrice: So -- Vice Chairman Teele: With these two hostile faces here. Ms. Patrice: -- there will be -- Commissioner Sanchez: There's no money. I mean, we're willing -- waivable fees, I'm willing to support, but there's an account -- Ms. Patrice: So, I guess -- Commissioner Sanchez: -- with zippo money. Ms. Patrice: Yeah, I guess I'm here at the wrong time. Operation Green Leaves, we've been providing services for 12 years, and that's for the first time I'm really coming to the Commission to ask for help. Twelve years providing services in Miami -Dade County and the City of Miami, and it is -- Roots and Culture is not the only festival in Little Haiti. We've had -- this is the 50 year that we're having this event, and this event is not just to have fun. This event is to educate. It's a multicultural event -- Vice Chairman Teele: Well -- Ms. Patrice: -- and it's -- Vice Chairman Teele: Nadine -- Ms. Patrice: Yes. Vice Chairman Teele: -- first of all, Roots and Culture has zero dollars, too. 123 May 22, 2003 Ms. Patrice: This year. Yes, I understand. Vice Chairman Teele: Yeah, and the point, you know, that I keep making is, you know, the City has some basic responsibilities. We get in a whole lot of things, but we have to provide Police, Fire, Parks, Solid Waste, and once you get past those basic municipal services -- there are other services -- you're into -- you know, we do a lot with the School Board, we do a lot with job development, we do a lot of business development, but those are outside of the portfolio of a municipal government in Municipal 100, you know, and my point of view is very simple. As long as this City has not provided a proper park and venue in the Little Haiti community, this City has got to figure out ways to make -- has got to figure out ways to accommodate the same things that could happen in the Hadley Park, or Kennedy park, or wherever, you know. You don't have a place to have this venue. You have to come to Legion Park, is that right? Ms. Patrice: Yes, I'm going to Legion Park. One of the reasons, because this is a multicultural event, the environment has no borders. There's no Hispanics, Haitians, or anything, so we're doing it for the whole community, because Biscayne Bay is also there, and to finish what I was saying is this event is not just to have fun and dance. This event is to educate the whole South Florida community about the environment, and 12 years I've been doing this. OK, yes, maybe this is the wrong time that I'm here, but for 12 years, it's amazing, and I have been trying to go through the process for the last three months. I was at the April 10 meeting; it was deferred to May 1 or May 8, and I'm just saying, I just don't understand it. I understand you have no money. Chairman Winton: Well, Nadine, let me help you. Timing is everything in life, period. You know that -- Ms. Patrice: Yes, I do. Chairman Winton: -- as well as I do. That's all -- everything we do is tied up in some timing issue at some point or another, and the -- what's the budget we've expended so far? Mr. Spring: Half a million dollars within the City. Chairman Winton: So, in waivable fees year-to-date, we've already spent $500,000 of the taxpayers' money. It ain't my money. It ain't his money. Vice Chairman Teele: That's not waivable fees. Chairman Winton: It's -- Vice Chairman Teele: That's -- Mr. Spring: No, that's -- Vice Chairman Teele: It's and grants. Chairman Winton: And -- 124 May 22, 2003 Mr. Spring: And grants. Chairman Winton: So -- Mr. Spring: Waivables and grants. Chairman Winton: -- but it still is -- Commissioner Sanchez: Mr. Chairman, I think the votes are here for the waivable fees. The bottom line is that there's no money in the account. I mean, she's here at the wrong time -- Vice Chairman Teele: Yeah, but I mean -- Commissioner Sanchez: -- great event -- Vice Chairman Teele: -- I'm willing to move the waivable fees, just as a start. Commissioner Sanchez: Second. Chairman Winton: And I'll -- Vice Chairman Teele: That's 1,200 -- 15 -- how much -- Chairman Winton: Right. Mr. Spring: Sixteen -- Vice Chairman Teele: Sixteen hundred dollars. Mr. Spring: -- hundred dollars Commissioner Sanchez: Second. Chairman Winton: We have a motion and a second on waivable fees. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries on waiving the waivable fees. 125 May 22, 2003 The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-601 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $1,616.00, FOR EQUIPMENT RENTAL AND PERMIT FEES, FOR THE OPERATION GREEN LEAVES EVENT, WHICH IS SCHEDULED TO TAKE PLACE AT LEGION PARK ON JUNE 28, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Tomas Regalado Ms. Patrice: Thank you. Vice Chairman Teele: Now, -- Commissioner Sanchez: Thank you, ma'am. Vice Chairman Teele: -- I'm going to ask Community Development -- Mr. Manager, I'm going to ask to meet with Community Development and see -- Nadine -- to see if you can meet with Ms. Rodriguez in Community Development, and to see -- because I've got to believe that a program that is an educational program to educate people about the environment has got to be eligible as a public service activity, and would you see if there's any way we can develop a scenario that, you know -- as she said, this is not about a party or a dance; this is about educating, and it reaching across -- so, I'm willing to work with you to see if we can come up with, you know, public service dollars for this event, even if it means taking money from an organization that's got money. I'm willing to go to an organization and see if we can get them to agree to give up money and dah, dah, dah, dah, dah, OK, if you could identify an organization within the District 5 that has some funds, maybe 4 to $5,000? Chairman Winton: OK. Barbara Gomez -Rodriguez (Director, Community Development): Forty-five hundred. Vice Chairman Teele: Forty-five hundred dollars. Four to $5,000; is that OK, Nadine? 126 May 22, 2003 Chairman Winton: So, that's going to be the same issue on 3, 4, and 5, is that not correct? Mr. Spring: That is correct, Mr. Chairman. 26. AUTHORIZE MANAGER TO WANE FEES, $103, FOR FIRE/RESCUE FEES, FOR C.A.S.A (COLOMBIAN AMERICAN SERVICE ASSOCIATION) CULTURAL EVENT SCHEDULED TO TAKE PLACE AT BAYFRONT PARK ON JUNE 1, 2003. Chairman Winton: So, could we go to 3? Commissioner Sanchez: What are the waivable fees on 3? Chairman Winton: What's the waivable fees on 3? Lina Blanco (Special Events Coordinator): A hundred and three dollars. This is -- Commissioner Sanchez: So move. Vice Chairman Teele: Second. Chairman Winton: Commissioner Teele. Vice Chairman Teele: I second. What's the total request? Ms. Blanco: Seven thousand, one hundred and thirty-three. They're only asking -- well, they're -- the event is at Bayfront Park, and they're asking for Police and Fire -Rescue. Commissioner Sanchez: Which event is that? Ms. Blanco: It's Columbian American Services Association, CASA. Commissioner Sanchez: Bayfront Park has already given them $5,000 because they're a 501(c), so you know, they find ways to tap into every resource, God bless them, I mean, but we're out of money here. Chairman Winton: We have a motion and a second on waivable fees, which is only $103. Do we have further discussion on the item? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 127 May 22, 2003 The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-602 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $103, FOR FIRE/RESCUE FEES, FOR THE C.A.S.A (COLOMBIAN AMERICAN SERVICE ASSOCIATION) CULTURAL EVENT WHICH IS SCHEDULED TO TAKE PLACE AT BAYFRONT PARK ON JUNE 1, 2003. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Tomas Regalado 27. AUTHORIZE MANAGER TO WANE FEES, $403, FOR POLICE AND FIRE/RESCUE FEES, FOR FOUNDATION FOR DEMOCRACY IN AFRICA AFRICANDO EVENT, SCHEDULED TO TAKE PLACE AT BAYFRONT PARK ON JULY 26, 2003. Chairman Winton: Item number 4. Lina Blanco (Special Events Coordinator): The waivable fees is $403. It's also Police and Fire at Bayfront Park. Commissioner Sanchez: Which event is this? Chairman Winton: And -- Unidentified Speaker: It's the Africando. Commissioner Sanchez: How much did Bayfront Park give you already? Five thousand. Thank you very much. Chairman Winton: And -- Commissioner Sanchez: So move the waivable fees. Chairman Winton: We have a motion and a sec -- we have -- no, we have a motion. Commissioner Teele. 128 May 22, 2003 Vice Chairman Teele: I second the motion. Chairman Winton: We have a second. Motion and a second on waivable fees of the $403. Any further discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-603 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $403, FOR POLICE AND FIRE/RESCUE FEES, FOR THE FOUNDATION FOR DEMOCRACY IN AFRICA AFRICANDO EVENT, WHICH IS SCHEDULED TO TAKE PLACE AT BAYFRONT PARK ON JULY 26, 2003. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Tomas Regalado Unidentified Speaker: Thank you. Chairman Winton: Thank you, sir. Commissioner Sanchez: We're out of cash. 129 May 22, 2003 28. AUTHORIZE MANAGER TO WAIVE FEES, $592, FOR POLICE FEES, FOR URBAN PLAY WORLD'S CELEBRITY BASKETBALL GAME. Chairman Winton: Item 5. Could -- would you bring Item 5 forward, please, Mr. Manager -- ma'am? Lina Blanco (Special Events Coordinator): Waivable fees is $592. Chairman Winton: And what's the other part? Ms. Blanco: That's it. They're just Police waivable fees. Chairman Winton: No, but what are they asking for? Ms. Blanco: The total budget of Police. Commissioner Sanchez: Yeah. I'm going to take (UNINTELLIGIBLE). Chairman Winton: You got a number, you know, that's all I'm asking? You get the number. Phil Fisher: I have that number, if -- Ms. Blanco: Forty-six ninety-six. Chairman Winton: OK, so waivable fees is -- Commissioner Sanchez: So move the waivable fees. Chairman Winton: -- 502. Commissioner Gonzalez: Second. Ms. Blanco: Five -- Chairman Winton: Got a motion and a second on waivable fees of 502. Discussion. I'll give you a moment to say whatever you like, but I think you've heard the facts. Yes, sir. Mr. Fisher: OK, thank you. Chairman Winton: Name and record for the record -- Mr. Fisher: Thank you, Commissioners. Chairman Winton: Name and address for the record, I'm sorry. 130 May 22, 2003 Mr. Fisher: Phil Fisher, 1521 Alton, Miami Beach. Thank you for giving us a moment. I recognize the issues at hand here, and certainly the larger issues of Police and so forth. I just would like to go on record as saying that this event is in its third year, and is a -- largely, a charitable event that gives $20,000 in the last year to five different not-for-profit organizations. This event is the only major event scheduled for Memorial Day weekend in the City Of Miami on an annual basis, and has developed a scholarship fund this year, and its mission is to give to inner city youth in the City of Miami, so we understand the issues, and would hope that in the future or -- if any other program could assist us. Our event happens to be in two days, and there certainly isn't time for us to come back to you. Chairman Winton: And I'd like to make a point to you all, specifically, and I think, you know, as you can see, everybody has a good cause. Today before the Commission, we have five requests, just today. Mr. Fisher: Yes. Chairman Winton: We have at least two or three requests at every single Commission meeting. I haven't heard a request yet that wasn't a good cause, but the point is, as far as I'm concerned -- and our Commission doesn't have total agreement on this whole issue yet. We all -- we struggle with this issue mightily, but my point is they're all good causes. The question is, how much should taxpayers pay by us five guys deciding to take the money out of the taxpayers' pocket and help all these good causes? We don't have an answer to that yet. We decided that this year, it's $500,000, so we'll continue to waive the waivable fees, but our $500,000 budget's been hit. Unless we have a mid -year adjustment that y'all were timing didn't fit, it may stay $500,000 for the year, but I just wanted you to understand the kind of pressures that we have to deal with in regards to this stuff, because we get an awful lot of requests. Mr. Fisher: Certainly, we recognize that, and thank you for the waivable fees. Unfortunately, in our case, the waivable fees are very miniscule. Chairman Winton: Yeah. Well, thanks for the good work, too. Appreciate you coming. Sorry to keep you sitting here so long for bad news. Mr. Fisher: Thank you. Chairman Winton: Thank you. Chairman Winton: OK, that concludes -- Priscilla A. Thompson (City Clerk): We need to vote on that. We have the motion -- Chairman Winton: Oh, we have a motion and a second. Commissioner Sanchez, you still here? Commissioner Sanchez: Yes, I'm here. Chairman Winton: Need -- all in favor, "aye." 131 May 22, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Commissioner Sanchez, who moved for its adoption: MOTION NO. 03-604 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES, IN AN AMOUNT NOT TO EXCEED $592, FOR POLICE FEES, FOR URBAN PLAY WORLD'S CELEBRITY BASKETBALL GAME. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Tomas Regalado Vice Chairman Teele: Mr. Manager, on the mid -year adjustment, could I meet with you on this? Joe Arriola (City Manager): Absolute, sir. Vice Chairman Teele: I want to meet with you on this item. This -- you know, we've got three or four things we've got to look at. We've got to look at -- let me take this up with you, Mr. Manager, because I'm really concerned, and somehow, we've got to come up with a calendar of events because it's not right for us to run out of money -- Mr. Arriola: Absolutely. Chairman Winton: Right, just because it's timing. Vice Chairman Teele: -- just because it's timing. On the other hand -- Well, I'll discuss it with you. Thank you. Mr. Arriola: Yeah. Chairman Winton: OK. Would y'all like to -- Commissioner Sanchez: Come back at 3. 132 May 22, 2003 Chairman Winton: Okeydoke. That answers my question, so adjourn. I mean -- Vice Chairman Teele: Anybody here -- Chairman Winton: -- retired, whatever -- what -- Alejandro Vilarello (City Attorney): In recess -- Chairman Winton: Recess. Mr. Vilarello: -- until 3 o'clock? Chairman Winton: Yes, 3 o'clock? Commissioner Sanchez: Is there any special appearance? Chairman Winton: Yeah, because I have to go to the MPO (Metropolitan Planning Organization) at 2, so I won't -- Vice Chairman Teele: Is there anybody here for a special appearance that was supposed to be heard? Commissioner Sanchez: Thank you. Chairman Winton: OK, and I can't be back before 3. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:10 PM AND RECONVENED AT 3:11 PM, WITH ALL MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONERS WINTON AND TEELE. 29. AUTHORIZE MANAGER TO WAIVE FIRST THREE MONTH'S RENT OF OFFICE SPACE AT MANUEL ARTIME CENTER TO HISPANIC AMERICAN DIABETES FOUNDATION. Commissioner Regalado: (INAUDIBLE) Vice Chairman Teele is on his way. They are both at the MPO (Metropolitan Planning Organization) meeting in downtown, at the County building. They will be here shortly. Since we have a quorum, there is an item that we couldn't do in the morning, which is one of the Commissioners' district pages, and we are going to try to do it now in order to expedite the process. Just for the information of the visitors here, PZ.5 will be done around -- after 5 o'clock. Commissioner Sanchez, whose district is this item, has requested that this will be done around 5 o'clock, so just (UNINTELLIGIBLE) Commissioner Sanchez: Mr. Chairman, if I may just -- for the purpose of clarifying that. I think it's important that everyone have an opportunity to come here. This is a very important issue, 133 May 22, 2003 although it's an issue that -- Planning and Zoning issue. Any issue that has any type of controversial -- and this has some controversial -- Commissioner Regalado: And we do it -- Commissioner Sanchez: -- should be heard after 5 o'clock, giving people ample time to come here, and of course, express their concerns on that matter. Commissioner Regalado: So -- absolutely, and we always are ready to accommodate the residents and everybody who wishes to speak on one item. Thank you, Mr. Manager. We're going to -- Chairman Winton and Vice Chairman Teele are on their way here, so I think we have one or two items on the blue pages, and I had asked Chairman Winton to do this in the afternoon, so might as well go ahead and do it, and then we can proceed with the other items. We have a request from the Hispanic American Diabetes Foundation regarding space at the Manuel Artime Center. This will be working alongside with LULAC (League of Latin American Citizens), and they have already seen an office at the Artime, and what they are requesting from the City Commission is in order to start to get funding, et cetera, they are asking for a three-month waiver in the rent. After the three month, they will be paying regular rent at the Artime. They have signed a long-term agreement, so -- Christina. Commissioner Sanchez: Somebody needs to turn it -- well, I guess -- Priscilla A. Thompson (City Clerk): It's on. Commissioner Sanchez: It's on? Ms. Thompson: Yes. Commissioner Sanchez: -- or the Chairman has it maybe turned off? You know, after all, he is the Chairman. Commissioner Regalado: No. Commissioner Sanchez: No. Christina Abrams: Christina Abrams, director of Public Facilities. Commissioner, your question -- you're asking -- I'm sorry, I didn't understand your question. Commissioner Regalado: It's not a question. It's a motion to waive the first three months of the regular rent that they have already decided, the administration of the Artime. Since this is a new organization and they have signed a long-term lease, the Hispanic American Diabetes Foundation, in part, they are going to be funded by LULAC, the national -- the League of Latin American Citizens, so my motion is the waiver for three month rent, and then they'll start pay. Commissioner Gonzalez: Second. 134 May 22, 2003 Commissioner Sanchez: Are they a new 501(c) [sic] or they've been -- Commissioner Regalado: Huh? Commissioner Sanchez: Are they new at that building? Commissioner Regalado: Yeah, they're new at that building. Commissioner Sanchez: They're new there, OK. Commissioner Regalado: They just went there; there was a space available, and they want a function in Little Havana. They haven't done any work in Little Havana, and they want to come in and help the people from the area. Commissioner Sanchez: So, it's a rental -- Commissioner Regalado: This -- Commissioner Sanchez: -- waiver for three months? Commissioner Regalado: Yeah. This is LULAC. It's one of LULAC's satellite groups. Commissioner Sanchez: All right. Are you -- you want me to Chair and you make the motion? Commissioner Regalado: Please. Commissioner Sanchez: OK. Is there a motion? Commissioner Regalado: Motion -- Commissioner Sanchez: There is -- Commissioner Regalado: -- for a three-month waiver. Commissioner Sanchez: -- a motion -- Commissioner Gonzalez: Second. Commissioner Sanchez: -- by Regalado and second by Gonzalez. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, having the same right, say "nay." Motion carries unanimously, 3/0. 135 May 22, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-605 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE THE FIRST THREE MONTH'S RENT OF OFFICE SPACE AT THE MANUEL ARTIME CENTER TO THE HISPANIC AMERICAN DIABETES FOUNDATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Regalado: Thank you. 30. DIRECT ADMINISTRATION TO ADDRESS VANDALISM PROBLEMS IN FLAGAMI AND HAVE STATUS REPORTS DURING EVERY COMMISSION MEETING ON THIS MATTER. Commissioner Regalado: Also, on the blue pages, we have an item regarding the increase in the number of acts of vandalism and homeless individual in the Flagami area. I see Commander Orosa over there, and -- Mr. Chairman, we were just doing some of the blue pages while you -- you want to do something else, or should we call Orosa in to -- Chairman Winton: Keep going. Commissioner Regalado: OK. Commander Orosa, if we -- he doesn't -- Unidentified Speaker: I'll get him, Commissioner. Commissioner Regalado: The reason that I place this is that there is a large increase of complaints in terms of vandalism, especially around Kinloch Middle School -- Elementary School, also around 58th Court, also in and around Robert King High Park, and I was wondering, Commander, if you have -- and especially the homeless, the homeless count in Flagami, so how do you see the situation there? What measures is the Flagami police taking to attack this kind of situation? Commander Manny Orosa: Commissioner, my name is Commander Manny Orosa, from the Flagami area. Basically, whenever I get a complaint, the first thing I do is I notify all my 136 May 22, 2003 employees, my sergeants and my officers of the complaint; have them spend as much time as possible trying to resolve the complaint. If it has to do with something other than regular police activities, such as drugs and stuff like that, I send it to the Crime Suppression Unit for them to come over and help us out; enforcement issues, motorcycles, et cetera. I try to put as much visibility in the area as possible. That's the first thing I do. The second thing I do is I try to contact whatever the complainant might be, and try to resolve their issue of fear so that that person might -- may know that we're in the area, and try to resolve it at that nature. Also, what we try to do is we try to set up something for the police officers to be aware of the situation, and try -- for -- create their mentality to be there for a long-term; try to go by there every day they're at work, and try to resolve -- put their -- the friendly face out in the community and try to resolve that issue. As it relates to the perception of the fear of the crime in the area, basically, for the first part of this year, we're at the same figures as last year, more or less. Last couple of months, we've had a drastic decrease a little bit. In specific, the Kinloch Park area, from the moment I got the complaint, I put police officers there from 5 o'clock till about 12 o' clock at night, which is part of the main complaint of the neighborhoods. I also had the NROs (Neighborhood Resource Officers) go by knocking door-to-door. We had a community out there -- community meeting out there, as you well know, and basically, as of this morning, my NROs went out there, and they only had one complaint and that was basically, there is a building at 4300 West Flagler where apparently some of the kids go on the second floor of the parking garage and they do their activities there. My sergeants will be made aware of that, so they can crack down on that. The other issue is also at Kinloch Park, other than the police officers, I put two decoy police cars there. We put one on 3rd Street and about 43rd Avenue, and the other one, where we held the community meeting, on 43rd Place and about 2nd Street. As my officers went knocking door-to- door, they basically said that the decoy cars helped a lot with the improvement of their concerns, and they were happy that we were made available to them, and made them aware of the intentions of the Police Department to ensure that their fears go away. Commissioner Regalado: According to the statistics that the Manager sent today, robbery has gone up 34 percent in the Flagami; that's April 2003 in comparison with 2002, and person crimes -- I don't know what that means -- has gone up 44 percent. How many officers do we have in the Flagami area now patrolling at any time during the day or during the night? Commander Orosa: We're staffed in the Flagami area for 30 police officers, plus two NROs, six sergeants, a lieutenant, and myself, that adds up to 40. On any given day on A -shift, we have four officers, sometimes five. Any given day on B -shift, we have up to six officers. Sometimes people take off and we might have four, we might have five, and on the midnight shift, we have four officers, which is the lower end of calls responding to calls. Commissioner Regalado: And in weekends? Commander Orosa: Same thing. Commissioner Regalado: During the night. Commander Orosa: During the night, the same thing. 137 May 22, 2003 Commissioner Regalado: OK. I think it's important -- I don't want to take more time on this because I've been communicating with the Manager on this, but it is important to tell the Manager that we do need resources in the Flagami area because, you know, when people are victims of a robbery or act of vandalism, there's no way that you can tell them that crime is down in the City of Miami, and what was promised to me several months ago has not been delivered in terms of more resources for the Flagami area, so I will be bringing this item at every Commission meeting to see what has resulted in terms of the police resources to that area. Commander Orosa: Commissioner, I want to assure you that whenever we receive a complaint, it will be held -- handled as expeditiously as possible, and we will try to put as much visibility in Flagami as possible. I'm out there, my NROs are out there, and I just want to make you feel comfortable to the point that we're trying the best we can to provide as much visibility to our neighbors and residents. I have personal friends of mine that live in the area, and we will try to do as -- whatever we have to do to make that perception go away, sir. Commissioner Regalado: Let me tell you, there is -- there are no words to thank the police officers in that area. When we were there the other day on 43rd Avenue, you were there, the NROs were there, but you'll see when the people came on. There are no words to thank the police officers on the street. I'm not talking about the chief or the entourage. Commissioner Gonzalez: He's talking about the troops. Commissioner Regalado: I want to be very clear on that, because these are the officers that are out there, and all of you heard and saw when the people were coming out of the houses, said "somebody broke into that house last week. Somebody did that." You saw it, and -- I mean, I was there; nobody told me, so -- and the people from the school were saying, "The gangs hang around here," so I am very concerned about this situation, and with that I would end, and thank you. Commander Orosa: Thank you, sir. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: I just have a couple of questions because it happens that Commander Orosa also covers a section of my district, which is -- actually, is Flagami and West Little Havana. When you say that we have -- at any time, we have four officers in Flagami, could you please enlighten us and let us know what the boundaries are of the area that is covered by four police officers? Commander Orosa: Thirty-seventh Avenue to the Palmetto; from the Trail to the city limits, which basically they angle out from -- Commissioner Gonzalez: How many miles are we talking about? 138 May 22, 2003 Commander Orosa: Well, Flagami, I believe is four point something square miles. Commissioner Gonzalez: OK, so actually, we have four officers to cover -- Commander Orosa: That's the -- Commissioner Gonzalez: -- that entire area -- Commander Orosa: -- minimum, sir. At many times, we have six. Commissioner Gonzalez: -- or usually we have -- Commander Orosa: Right, and -- Commissioner Gonzalez: You said we have four. Commander Orosa: -- and the support personnel, such as the K-9 motorcycles, that doesn't count. Chairman Winton: OK. I promised you all you wouldn't have to stay all night, so unless we have more comments, we're going to -- Commissioner Gonzalez: I have another question. Chairman Winton: One more, please. Commissioner Gonzalez: Yeah. I heard a rumor that the Police Department -- and this is directed to the assistant chief -- is considering consolidating East Little Havana and West Little Havana with one -- possible one -- only one NET (Neighborhood Enhancement Team) commander? Deputy Chief Frank Fernandez: We haven't divided the area as of yet. There is one commander in charge of both East and West Little Havana; although there are two lieutenants that are now specifically assigned under his command to watch one -- to watch West Little Havana and one to watch East Little Havana. That increases the accountability level and the leadership level in that area. Commissioner Gonzalez: All right. I also -- Mr. Chairman, I would like to commend the men and women of the Police Department that are out there in the field taking up this difficult, difficult battle that they are confronting, you know, fighting crime, and I'm aware of the lack of resources that these officers have out in the field, and Mr. Manager, I hope that we can look for ways to provide to these officers that are the ones that are really out there facing critical situations and facing crime face-to-face, that we can provide resources, like for example, computers in their cars. I know that years ago we bought a whole bunch of computers and they were put in the closet, and I believe they're -- now they're obsolete, and we can't even use them or whatever, and that is something that the officers need in order to be more efficient in doing 139 May 22, 2003 their work. You know, we demand a lot from the police officers out in the field, but if we don't provide them with the tools to do their job, you know -- I mean, what can we tell them, so there's some areas -- that's why I told you yesterday that I wanted to discuss the budget, you know, line - by -line because we're spending a lot of money on things that may not be as important as providing these men and women with the tools that they need in order to do an efficient job out in the field. Thank you. Deputy Chief Fernandez: You're welcome, sir. Chairman Winton: OK. Thank y'all very much. Priscilla A. Thompson (City Clerk): I'm sorry, Chairman Winton. I need the chief to state his name on the record. Chairman Winton: Chief. Deputy Chief Fernandez: My apologies. Frank Fernandez, deputy chief, Miami Police. Chairman Winton: Thank you, sir. Are we going to -- 31. APPROVE, WITH CONDITIONS, MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 4, 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR PLATINUM PROJECT, TO BE COMPRISED OF TWENTY-ONE STORY RESIDENTIAL BUILDING WITH UP TO 116 UNITS WITH ACCESSORY RECREATIONAL USES AND AMENITIES AND 195 PARKING SPACES AT 480 NE 30TH STREET (Applicant(s): AR Investments Group and Maysville, Inc.) Commissioner Regalado: I have other items, Mr. Chairman, but I will do it later on in order that Chairman Winton: Yeah, I think -- Commissioner Regalado: -- we can -- Chairman Winton: -- we'll go back to the regular agenda and finish up the 3 p.m. time certain, item number 10, CDBG (Community Development Block Grant) funding. Barbara. Barbara Rodriguez: Barbara Rodriguez, Department of Community Development. Item 10 does two things: Number one, we're looking for approval and confirming things that have been done in the past. On March 24, CD (Community Development) requested a legal advice regarding payments made on certain single-family rehab loans that were in excess of the mortgage that was recorded and/or the $40,000 limit. These payments add up to a million seventeen, six hundred and seventy-seven, with fifty-one cents. The Law Department, on April 15, advised that CD Director was not authorized to increase the funding, so we're looking for a retroactive approval, and we're also requesting that you do authorize future to the Manager or his designee, since we still have 20 cases that have not been reviewed, and that might need remediation. That's number 140 May 22, 2003 one of the resolution. We're also giving you an update on the program. We presently did go back to all of the family home buyers -- I'm sorry, rehab that we did, and we have in front of you also that we did visit 103 families; 59 has signed that they're totally in compliance with their work. There's 21 that are still in process -- Commissioner Gonzalez: Excuse me. Does Commissioner Teele have a copy of this report? Vice Chairman Teele: Yes. Ms. Rodriguez: Yes. Commissioner Regalado: He does now. Commissioner Gonzalez: I'm sorry. Ms. Rodriguez: -- and 22 that still have not been seen, so basically, we're doing two things: One, requesting approval on the past, and also giving you an update in the program. It is a public hearing. We did invite all of the home buy -- all of the homeowners that were involved in the program. Chairman Winton: So, if it's a public hearing, I'd like to open the public hearing. Anyone from the public would like to speak on item number 10? Anyone from the public would like to speak on item 10? If so, please -- Priscilla A. Thompson (City Clerk): That's her. Chairman Winton: -- come to the podium. Ms. Thompson: That's her. Chairman Winton: Ma'am, are -- and anyone else would like to speak on this item, please come forward to one or the other of the podiums. Yes, ma'am, please. We need your name and address for the record, please. Catherine Sej our: Catherine Sej our, 261 Northeast 47th Street, but I wasn't (UNINTELLIGIBLE) Commissioner was talking to me. I need someone to talking for me, please. Chairman Winton: Did we get her name? Ms. Sejour (as translated by official Creole interpreter Guylene Berry): I have a house, and my husband applied for a loan in order for them to fix the house. Yes, they did give me a loan for me to fix the house for three months, and it's been three years. The first contractor that was doing the job did not do a very good job. Instead of fixing the house, he mess up the work, and my husband got upset. He had a stroke and he passed away, and now I'm living alone, and I -- the first contractor came and I told him not to fix the house; I want another contractor to fix the 141 May 22, 2003 house, and we look for another contractor, and now the roof is -- have -- is leaking, has some problems, and we have a Florida Room, and we -- it's still not fixed. Chairman Winton: Can I interrupt you for a second? Would you tell her that, I want to interrupt her for a second. Barbara, are you familiar with this particular case? Ms. Rodriguez: I am. The issue that she has -- Chairman Winton: And hold -- you need to go slow enough so it can be translated for the lady, because I want her to hear as well. Ms. Rodriguez: Her issue was from the first contractor, which is correct, that is one of the contractors that we are looking into a legal action against them because they did do a lot of harm to a lot of people. Her house is right now being repaired. She does not have an issue with the contractor doing it now. Her issue is that the first contractor made her husband so sick and so bad that that's why she feels that he passed away. Chairman Winton: But we are fixing her house -- Ms. Rodriguez: Correct -- Chairman Winton: -- in its entirety? Ms. Rodriguez: -- and she is happy with what's going on right now. Chairman Winton: OK. Thank you. Yes, ma'am, so she can continue. Ms. Sejour (as translated by official Creole interpreter, Guylene Berry): The first contractor, I am angry with that contractor because he killed my husband, and it's because of him that my husband passed away, had a stroke and passed away. The second contractor, I'm happy with him, but there is no fund to pay him. Chairman Winton: Is that -- Ms. Rodriguez: She will not have any problems with the payments in this second contractor. This is part of the remedy, so she doesn't have no issue with the payment, and there's nothing that she should be worried about. Chairman Winton: Well, are we making the payment? Ms. Rodriguez: Correct, we are. Chairman Winton: OK, and we're making the payment to the contractor, and we're supervising the contractor. 142 May 22, 2003 Ms. Rodriguez: We are supervising it, and also the consultant that you authorized in February is also going out to making sure before the payment is made. Chairman Winton: OK, so we're supervising the contractor. We have another consultant that's making sure the work is done, and we're making the payments to the contractor, which should prevent her from having to deal with all those issues. Ms. Sejour (as translated by official Creole interpreter, Guylene Berry): Can I say something else -- Chairman Winton: Yes. Vice Chairman Teele: She needs to say it in the mike, not to you. Ms. Sejour (as translated by official Creole interpreter, Guylene Berry): -- and also, the house, we had an AC (air conditioner) there, and I asked to put a central air conditioning system. They did not do that, and my son installed it for me, but the Florida Room does not have any, and I ask for them to install one there and still we do not have that. The front door is not changed, the garage door is not changed, and also the bathroom is not fixed. Chairman Winton: Is that it? Ms. Sejour: Yeah. Chairman Winton: OK, thank you, and Barbara, you have to answer this question. I'm not sure that our program converts people's homes from window air conditioning to central air. I'm not sure the program's designed for that, is it? Ms. Rodriguez: We would go back to the work program that we agreed on, and we will sit with her. I will personally go and find out about what's happening with the air condition. I was not aware of the air conditioning issue, but I will go back and meet with her. Chairman Winton: Well, I would suggest, from a public policy standpoint -- and maybe the rest of the Commissioners disagree with me -- but I think we could find a lot better use for our money than helping people rehab homes than to converting from window units to central air. I mean, there's a million people in the City of Miami that would love to have central air and don't, so I'm not sure that's a good resource of public dollars at all, but that's a different issue. You'll sit with her, check on the original program plan, and deal with whatever issue she has. Ms. Rodriguez: Correct. Chairman Winton: Thank you. Thank you very much, ma'am. Anyone -- Ms. Sejour: One question, please. (Comments in Creole, not translated). I can't hold it. I can't do it. Nobody could do it for me, but I wonder who move it for me, please, because I cannot pull it up or pull it down. It's very heavy. 143 May 22, 2003 Chairman Winton: Talking about a garage door? Ms. Rodriguez: The hurricane shelter. Ms. Sejour: Shutter. Chairman Winton: Hurricane shutters. Ms. Sejour: Yeah. Ms. Rodriguez: Shutters. Ms. Sejour: I think I -- they give me -- I am tall -- Chairman Winton: I don't even have hurricane shutters. Ms. Sejour (as translated by Guylene Berry): -- and they are made of iron. I cannot lift them. They are very heavy. Chairman Winton: Excuse me. You need -- Ms. Sejour (as translated by guy lean better re): Please, (UNINTELLIGIBLE) Chairman Winton: -- she needs to understand this. There was a plan that was approved. Whatever that plan that was approved, she's going to meet with Barbara and discuss that plan. There isn't going to be new things done that are outside that plan, unless it happens to be things that the original contractor messed up -- Ms. Rodriguez: Correct. Chairman Winton: -- but we're not going to create a whole new plan that does things to her house that weren't a part of that plan, and she needs to meet with the director and iron those things out, but we're not going to add new dollars into doing new things that she may want done to her home that were not a part of that plan, unless of course, it was something the original contractor messed up, so thank you very much, ma'am. Anyone else from the public would like to come forward -- Ms. Sejour: OK, thank you. Chairman Winton: -- on Item 10? If not, we'll close the public hearing portion -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: -- of Item 10. Yes, sir, Commissioner Teele. 144 May 22, 2003 Vice Chairman Teele: I move the item, and I'd like to ask, is the advocate -- is the consultant, the advocate here? Ms. Rodriguez: He's here. Vice Chairman Teele: Because I'd like for them to at least get on the record and to acknowledge the statistics here that they -- that are before us, and while they're coming up, I want to say that the decision that this Commission made to bring in a public advocate, I think, was a right decision. The vast majority of the issues that we heard before -- and this has been here three times, Mr. Manager, and the second and third times were horror stories. I mean, we had 50, 60 people here with horror stories, and one of the clear issues with so many of the contractors were Hispanic, and so many of the beneficiaries were African-American. There was a language problem as one of the issues, among many other issues, and a decision to bring in an advocate in the form of the Allapattah Chamber was really the right decision, and has paid dividends. I've heard nothing but favorable statements and favorable comments, and it speaks to the diversity of where we can, you know, celebrate our diversity, and we can get some positive benefits, so I assume you're with the Allapattah Chamber, and if you just put on the record who you are and what you -- where you all are in this review process, because they, in effect, are checking on us, on behalf of the homeowners in this role. Eduardo Ramos: OK. My name is Eduardo Ramos. I'm working for Allapattah Chamber of Commerce. Chairman Winton: And we need your address, please. Address. Mr. Ramos: Sorry. 2621 Northwest and 24th Terrace. Chairman Winton: Thank you. Commissioner Gonzalez: Mr. Ramos. Ms. Rodriguez: He's talking to you. Commissioner Gonzalez: Mr. Ramos. Mr. Ramos: Yes. Commissioner Gonzalez: Are you a general contractor? Mr. Ramos: Yes, sir. Commissioner Gonzalez: Licensed by the state of Florida -- Mr. Ramos: Yes, sir. Commissioner Gonzalez: -- and certified, right? 145 May 22, 2003 Mr. Ramos: Yes, sir. Commissioner Gonzalez: Mr. Chairman. Chairman Winton: Please. Commissioner Gonzalez: Commissioner, would you yield, please? Vice Chairman Teele: Yes, please. Commissioner Gonzalez: Let me tell you, I have been very, very concerned with this program, and after the Commission made the decision to assign this work of inspecting these homes and getting to the bottom of what was going on in here, I made it a point to get a little bit more involved in the matter and analyze what was going on, and after looking at what happened, I can tell you all that we had been ripped off, literally ripped off by some of these contractors, and I want, Madam Director, that you tell me exactly how much money, in addition to the original money that this Commission approved for this rehab, how much money have we invested to correct the deficiencies and the problems that these contractors caused to the City of Miami and its residents -- Chairman Winton: And what we're doing to recover our money. Commissioner Gonzalez: -- and what are we doing? That was my next question. Ms. Rodriguez: A $1,017,677.51. Commissioner Gonzalez: OK, so my question now is, Mr. City Attorney, Mr. Manager, what are we going to do to make sure that these people are brought before the law and make sure that the City of Miami recoups this money? I mean, we need to do something. I mean, we cannot allow these people to come to the City, and rip off the City, and put these homeowners through the pain and suffering that they had to go through, and I look at the files, and I look -- Johnny, I look at the pictures, the actual photographs of the work that was supposed to have been done with the City money and the work that they did, and let me tell you, it was horrible. It was horrible, OK, so -- Chairman Winton: Madam Director, do you have an answer to that question? Ms. Rodriguez: Well, the dollars were paid by the SHIP (State Housing Initiative Partnership Program) program from the City. Chairman Winton: No, we understand that. The question is, what are we doing to make sure that those contractors are never working in the City of Miami -- fund City business again, number one, and number two, what are we doing to recover the money? 146 May 22, 2003 Ms. Rodriguez: OK, there's two things: One, a lot of them right now are in a state investigation, and I believe the Department of Police is here. They've been addressing that issue. We're also looking to start debarring procedures on it, and they will be transferred to the Law Department to sue them. Commissioner Gonzalez: On the same note, supposedly these contractors went to these homes; they did the work they were contracted to do, supposedly, OK, and then an inspector from our City was supposed to follow up and inspect this work and approve it. Was that the case? Ms. Rodriguez: Yes. Commissioner Gonzalez: And we had some inspectors that approved these payments, knowing that the work was not done according to the specifications and according to the log that was provided to the contractors that detail exactly the kind of work and the quality of work that we expected from them. What are we doing with those City personnel? That's another question that I have. Ms. Rodriguez: The inspectors that were part of the -- of this program, they're no longer with the City, with the exception of one that we did have -- he went through mediation and he was rehired. He is no longer in this program. He is hired by the City of Miami under the Department of Community Development. Commissioner Regalado: But you know, there is the Bureau of Professional Compliance in Tallahassee, where you can send complaints about these kind of unprofessional people, because I remember -- I mean, Mr. Manager, you weren't here, but these were really horror stories. There was a case in West Little Havana, and that contractor has not been debarred or anything, because I don't know -- Ms. Rodriguez: No. Commissioner Regalado: -- if any has been, but this guy forced this old lady to sign papers for a different type of construction material by -- that way, he made a lot of money, and that is -- I mean, that's a crime here, there, or whatever, and nothing has happened to that. Chairman Winton: Could I interrupt? Mr. Manager, so we don't have to -- you know, I think you understand the issue here. Would you bring a report back to us, maybe at the next Commission meeting, and outline the specific processes that you're going to follow to bring as much penalty to the bad guys as you can, and restitution to the City, and bring that plan back to us, please? Joe Arriola (City Manager): Consider it done. Chairman Winton: Thank you. OK. Anything else on this issue? Commissioner Sanchez: Johnny, just -- we -- 147 May 22, 2003 Chairman Winton: Yes, sir. Commissioner Sanchez: You've touched on the issue pertaining to the program being a failure since day one with all the things that happen on, but the resolution that's in front of us or the motion is approving and confirming the approval of certain single-family rehabilitation loans, which exceed program fundings, and I have a problem with that, and I'll tell you why I have a problem with that. It's similar to item number 1, which is something that, you know, it was done through an alleged emergency basis. It did not have City Commission approval, nor HUD (Department of Housing and Urban Development) approval, and now it's in front of us to approve, so you know, I'm very -- this concerns me, when I have to vote on an issue, which is brought to the Commission to correct either wrongdoing, or however you want to classify it, for us to vote, and it really concerns me, and Barbara, you need to emphasize on that, because I -- we could talk about the program being a failure since day one and pay for the sins of the past, but the resolution that's in front of us today is very clear, that the administration is asking us to approve those expenditures that exceeded the program limits. Ms. Rodriguez: Commissioner, this is dollars that have gone. They've been paid. They were paid in the year 2001/2002. No dollars have gone out, I can tell you that much, since I've been director. We need to clear it. The Law Department has basically said that there was a misunderstanding. The CD director did not have the authority to do it. These are not HUD dollars. These are State dollars. The State will reimburse us, as soon as I have a Commission approval. We will bill the State. The only thing that this does is that they're not tied to a house. This $1,000,000 only interprets that you gave a grant to each home buy -- homeowner in this list that you have attached to this resolution. Chairman Winton: (UNINTELLIGIBLE) fix the problem. Commissioner Gonzalez: So -- Chairman Winton: Yes. Commissioner Gonzalez: Mr. Chairman, so Mr. Manager, this is similar to the $19 million that we approved this morning, right? It's money that it has already been spent -- Ms. Rodriguez: Yes. Commissioner Sanchez: Pretty much -- Commissioner Gonzalez: --so -- Commissioner Sanchez: -- in the same -- Ms. Rodriguez: Yes. Commissioner Sanchez: -- sheet of music. 148 May 22, 2003 Commissioner Gonzalez: -- same thing. Mr. Arriola: This is kind of like clean up -- Ms. Rodriguez: Clean up. Chairman Winton: -- and the same (UNINTELLIGIBLE) -- Mr. Arriola: -- old (UNINTELLIGIBLE). Ms. Rodriguez: Right. Chairman Winton: -- apply as this morning. Ms. Rodriguez: Right. Commissioner Gonzalez: This isn't going to go away, so -- all right. I -- Chairman Winton: OK. Commissioner Gonzalez: -- think you have a motion by Commissioner Teele. Chairman Winton: We have a motion and a second. Commissioner Gonzalez: I second the motion. Chairman Winton: OK. Any other discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. Motion carries. The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-606 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING AND CONFIRMING THE APPROVAL OF CERTAIN SINGLE FAMILY REHABILITATION LOANS WHICH EXCEED PROGRAM LIMITS ESTABLISHED BY RESOLUTION NO. 00-867; AND FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE LOANS WHICH EXCEED PROGRAM LIMITS TO REMEDIATE OUTSTANDING ISSUES ON EXISTING SINGLE FAMILY REHABILITATION PROGRAM CASES 149 May 22, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Madam Clerk, do we have any other regular agenda items? Vice Chairman Teele: Other than blue pages. Chairman Winton: Yes, other than blue pages. Ms. Thompson: Item 21 was supposed to be brought back this afternoon. Vice Chairman Teele: Let's do that this evening. Commissioner Regalado: Yeah, because we have people here. Vice Chairman Teele: Look at all these people. Chairman Winton: Yeah. I'm ready. 32. APPROVE, WITH CONDITIONS, MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 4, 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR PLATINUM PROJECT, TO BE COMPRISED OF TWENTY-ONE STORY RESIDENTIAL BUILDING WITH UP TO 116 UNITS WITH ACCESSORY RECREATIONAL USES AND AMENITIES AND 195 PARKING SPACES AT 480 NE 30TH STREET (Applicant(s): AR Investments Group and Maysville, Inc.) Chairman Winton: So, could we go to the Planning and Zoning agenda? That's the next thing, so -- Commissioner Regalado: That's fine. Chairman Winton: Got to get my book. Commissioner Sanchez: Well -- Commissioner Gonzalez: What happened with 21? 150 May 22, 2003 Commissioner Sanchez: Mr. Chairman, you were not here. I respectfully requested that PZ.5 be heard at 5 o'clock, giving the residents ample time to be here for that item. Chairman Winton: Well, we don't have to do PZ.5 -- I mean, we'll do PZ.5 at 5. Do I have my book? Commissioner Sanchez: We both -- we have both the counsels laughing, having a good time. Did you come into an agreement or -- Commissioner Gonzalez: We're going to have PZ.1 now? Chairman Winton: Is this PZ.1 that y'all are -- Unidentified Speaker: Yes, sir. Commissioner Sanchez: There is a God. Chairman Winton: Would y'all like to step up then to the microphone, and we'll take up PZ. I? Commissioner Regalado: No, no, that's Ransom School. Chairman Winton: Oh, is it -- oh, yeah, we have to -- Madam Clerk, would you swear in all of the -- Priscilla A. Thompson (City Clerk): Good afternoon again. Chairman Winton: -- folks who want to testify. Ms. Thompson: If you are here on a PZ (planning & zoning) item, and you plan to speak before the Commission on this item and to give testimony, I need you to please stand and raise your right hand so that we can swear you in. Chairman Winton: Your other right hand. Ms. Thompson: I'm just waiting for the translator to say it in Spanish, as well -- Chairman Winton: Oh, OK. Ms. Thompson: -- and we have Creole, as well. Commissioner Regalado: There are some people sitting there waving their hands. I think that they're going to have to be told to stand. 151 May 22, 2003 Ms. Thompson (translated into Spanish by Ondina Suarez; translated into Creole by Guylene Berry): Once again, if you are here to testify on a PZ item, I need you to please stand and raise your right hand so we can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues, as translated in Spanish and Creole. Chairman Winton: PZ. 1, then, I guess it is. Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. For the record, Lourdes Slazyk, Planning and Zoning Department. PZ.1 is a Major Use Special Permit for the Platinum project located at 480 Northeast 30th Street. The project is being recommended for approval with conditions by the Planning Advis -- by the Planning and Zoning Department. It would allow residential building with up to 116 units, recreational amenities, and 195 parking spaces. The Planning Advisory Board had recommended denial of the project, based on a failure to get a majority affirmative votes. The vote was 4 to 4. What the Planning and Zoning Department would like to do today to address the concerns of the Planning Advisory Board and some of the concerns raised at that hearing is to recommend that the project be approved tonight anyway, but add two conditions into the Major Use Special Permit. The biggest concern from the neighbors and the Planning Advisory Board was that along the 30th Street side of the project, they had done some residential liner units along the parking garage to buffer the parking from adjacent residential, but they didn't carry it the full length of the project, so what we would like to do is add a condition on the record tonight that the parking garage frontage along 30th Street be lined with residential units similar to the rest of the block, and that whatever parking garage openings along 30th Street occur at the upper levels be covered with grills on the plans, to be substituted with metal louvers. The neighbors were concerned about noise spillover from the parking, and they wanted the residential lining to help protect them, so we believe with these two conditions, that we've addressed the PAB's (Planning Advisory Board's) concerns and the neighbors' concerns, and we would recommend approval with these two additional conditions. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at 25th Floor of the Wachovia Center. Those conditions are acceptable to the developer. This project, as you have heard from staff, has gone through the entire Major Use Special Permit process. It has approvals throughout, with a tie vote at the Planning Advisory Board. We have worked diligently with your staff to meet all of their design requirements, and we have worked diligently with the neighbors, addressing their concerns, and I'm happy to announce -- and Mr. Gibbs is representing them and he's here -- that we do have a settlement with the neighbors. I'll be happy to make a full presentation, if you wish? Chairman Winton: Would like to hear from the neighbors also. Tucker Gibbs: Good afternoon. My name is Tucker Gibbs, and I represent the Bayside Terrace Condominium Association, which is across the street from this project, and we are in support of this project. Our issues, as Lourdes said, we were focused with noise, and how it looked from 30th Street, and the fact they put those lofts along 30th Street, and their putting louvers on the 152 May 22, 2003 garage door openings was acceptable, and we were happy with that. One of the concern, though -- and I know that this issue came up at the PAB -- is as you are going to be approving a lot of these developments down the road that are going to be on parking pedestals, an issue for neighbors, whether they live in houses, duplexes, apartments, or condos, is these massive parking structures and the effect of the garages, and the PAB's issue was on the streetscape and discouraging pedestrians walking up and down, but the basic issue of noise, and to try to keep them as enclosed as possible, and we think these louvers have helped. We would have preferred a completely enclosed one, but we are happy with the louvers. Chairman Winton: Now, I have -- if you -- when you look at this rendering, this is a beautiful project. I mean, they've done a good job of design. It's -- and -- but I've got to tell you, what I'm concerned about, Lourdes, long-term is, when you look at this aerial photo -- and obviously, we all know the neighborhood is Edgewater -- Edgewater has all very narrow streets that go one way down to the bay, the equivalent of two to three blocks long. That's all it is. Really, two -block equivalent. They're very narrow, and it dead ends, so you have to turn back around and come out. There isn't any grid pattern that allows, well, I've got a little mess here, so I'll turn right or I'll turn left, and I'll go over here, and this project is running parallel to the street and taking a huge amount of that block, and you do two or three of those on adjoining blocks. I'm struggling to understand how this is going to work from a long-term standpoint, how we're going to get traffic in and out of these -- and I'm not talking about all our neighborhoods in Miami -Dade County. I'm talking about this neighborhood specifically. This is a very, very unique neighborhood because it does have those little narrow streets, and so how -- what are we really doing to pay attention -- we've all -- I've never seen a traffic study yet. We -- none of us have ever seen a traffic study that said, "traffic's bad." We've never seen one. We may never see one, but we know, without having to do the study, that there's certain arenas where traffic's going to be a real problem, and what are we doing about that as we move forward here? Ms. Slazyk: Yeah. The thing is, this is the established block sizes and pattern that you are -- you're right, this is unique in the City. It's really the only area where this type of narrow, long blocks exist. I think the key is going to be at looking -- at making sure we don't close any of these streets because if any get closed, it's just going to make it worse Now, through the FEC (Florida East Coast) Corridor Study and all that, the consultants are working right now. We just had the charrettes recently, and they looked at this Edgewater area, and they've put together some recommendations, but they're -- the final report hasn't come out yet. It's going to be interesting to see what comes out of there and what else we could do. In some other neighborhoods, we've required through -block connections if any blocks are too long, so if you have a block that goes 2, 300, 400 feet long, you could require a connection to be put in, but it would have to be codified, something that says you must have a connection if your block exceeds this -- Chairman Winton: Well, there are two other things you can do. One is, we can stop doing the bonuses. I mean, this project didn't have to have the bonuses, and so you would increase density by taking away the bonuses in a neighborhood like this, and that's at our discretion. I mean, we could change the Code so that you can do that in a neighborhood like this, and the other thing we can do -- and I thought we had this -- put this in place some time ago -- was to have an independent traffic analysis done to look at the true impact of traffic on these neighborhoods, and 153 May 22, 2003 I don't want to -- I'm not picking on this developer, because I think they've designed a really good project. This developer's project will not be as successful -- it's condos, so it's the people that buy it down the road, but their appreciation value that they're all looking for is going to drop dramatically, and you could have depreciation in these condo units in a neighborhood like this, if we don't figure out how we're going to deal with all that high-rise development there, and we need to do it today. We can't do it tomorrow, because we've got a whole bunch of other applications coming before us, so I don't think we can wait on whatever it is we're trying to do. I think the City needs to take aggressive steps today to make sure that the developers that are investing their money in those neighborhoods, and the people that are already there, that we do this in a fashion that does the best we can to protect that neighborhood. Now, I understand that the property owners themselves help screw this up because they're the ones that upzoned this area back in the early `80s, and I've told them and I've told lots of people, you've made my job extremely difficult because of your own decisions back in the early `80s to upzone this area and really mess up a quality neighborhood, but it still is our job, as public policy makers, to do everything we can to not allow that neighborhood to get probably more wrecked than it already is, and I think there are things we can do to allow quality development to come in there and not end up with just a total, total mess, but we need to do it today. Yes, ma'am, I'm sorry. Go ahead. Ms. Garcia -Toledo: Commissioner, one of the things that we have done on behalf of our clients is that part of the agreement we have executed calls for both of our clients to come together to work with the City and the County and get this evaluated, and get some changes of direction of some of these streets. Fortunately, in this particular -- Vice Chairman Teele: In what? Say that again. Ms. Garcia -Toledo: In these particular streets. Chairman Winton: Change direction, she said. Ms. Garcia -Toledo: Change directions, in some cases. If you look at the grid for this particular area, 30th Street connects through an alley and through 7th Avenue to 29th Terrace, and 29th Terrace connects to 29th Street through 6th Avenue, so one of the things we've discussed is that if we can change -- have two-way traffic on 30th, but then have 7th Avenue one-way towards 29th Terrace, and then to 29th Street where there is a traffic light into Biscayne Boulevard, it will facilitate the outgoing vehicles and neighbors from this area to access the Boulevard through a traffic light, so we are -- Chairman Winton: Good. Ms. Garcia -Toledo: -- looking at it. Chairman Winton: OK. Well, Lourdes, would you -- you need to look at all these things and really speed the process up so that we don't end up with a total mess that we're all going to have to -- we will have to deal with it, so -- OK. Anyone from -- this is a public hearing. Anyone from the public would like to comment on PZ.1? Anyone from the public would like to comment on PZ. P Is that -- sir, are you coming to comment on PZ. P 154 May 22, 2003 Oscar Velazquez: Well, just -- Ms. Thompson: Your name. Chairman Winton: Your name and address, please. Mr. Velasquez: My name is Oscar Velasquez. I live on 505 Northeast 30th Street. Chairman Winton: Um-hmm. Mr. Velasquez: I'm a owner of one of the units there, and I really appreciate the fact that they are building this across from my unit, and it will increase the value, and it will bring a lot of, what do you call -- I mean, it will enhance the living there in the area. Chairman Winton: Right. Thank you very much. Appreciate it. Anyone else from the public would like to comment on PZ. P Being none, we will close the public hearing. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: Would you like to yield? Chairman Winton: I'll move staff recommendation on PZ. 1. Joel Maxwell (Deputy City Attorney): As amended. Vice Chairman Teele: Is there a second? Ms. Slazyk: With the additional conditions. Mr. Maxwell: As amended. Chairman Winton: With the additional conditions. Vice Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Vice Chairman Teele: Mr. Chairman, did you want to make a statement before the vote? Chairman Winton: No. I think I've made my statement. I'm hoping staff will speed up the process so we can do some additional things to protect, as best we can, a mess that somebody created a long time ago. 155 May 22, 2003 Vice Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-607 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 4,5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE PLATINUM PROJECT, TO BE LOCATED AT APPROXIMATELY 480 NORTHEAST 30TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A TWENTY-ONE (21) STORY RESIDENTIAL BUILDING WITH UP TO 116 UNITS WITH ACCESSORY RECREATIONAL USES AND AMENITIES AND APPROXIMATELY 195 PARKING SPACES; 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. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Garcia -Toledo: Thank you. Chairman Winton: Thank you. 156 May 22, 2003 33. CONTINUE PROPOSED RESOLUTION TO APPROVE MASTER PLAN DEVELOPMENT STANDARDS FOR OVERTOWN/ARENA METRORAIL STATION PROJECT; AND PROPOSED CLOSURE OF PORTION OF N.W. 7 STREET BETWEEN N.W. 1 COURT AND METRORAIL RIGHT-OF-WAY. TO COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 26, 2003. Chairman Winton: PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2 and actually 3 is sort of related. Three is the actual official vacation and closure of the public right-of-way for the Overtown Metrorail Station, and PZ.2 was the approval of the Master Plan and Development Standards for the Overtown Metrorail Station Development. The Department has reviewed the standards, and has compared them to the project that is being proposed for the Overtown Station, and we have found that the proposed project is generally consistent with the originally adopted SADD, Station Area Design and Development plan for the Overtown Station, and it's providing a new high- density use to promote the station in the area location. Even though housing is not a component, it is still generally consistent with the plan. The proposed Master Plan Development Standards are also appropriate for the Overtown Station. However, the project that was being proposed for the station, when we compared it to those standards, we found that it wasn't quite meeting the standards in every aspect. Specifically, the standards called out for the project to be consistent with the County's Urban Design Manual, and that it be landscaped according to the Dade County Landscape Ordinance. We didn't find that those things were really being done with some of the treatment in the plan. Chairman Winton: Is Dade County Landscape Ordinance more or less generous than ours? Ms. Slazyk: Ours -- we don't have a new one adopted. Right now, we are following the Dade County Landscape Ordinance. Chairman Winton: OK. Ms. Slazyk We increased the standards on certain projects in certain areas, but ours is the same, so what we would do is we would recommend approval of the Master Plan Development Standards. That's what's before you today, but we would add a separate recommendation to the County, that they relook at this plan. Since we don't have approval rights over the plan for the station, we would like the County to receive a separate recommendation from us that additional landscape be provided at the station project, and that the final design be modified to comply with the County's Urban Design Manual. Vice Chairman Teele: Mr. Chairman. Ms. Slazyk Otherwise, we're OK. Chairman Winton: Yes, sir. Vice Chairman Teele: I want to understand one thing. Where is the street closure? 157 May 22, 2003 Ms. Slazyk: The street closure, which is PZ.3, is to close a portion -- Vice Chairman Teele: OK. I want that item to be deferred until the Manager comes and talks to me. Now, I met with the previous assistant manager, who resigned yesterday, and there are some substantial issues, and Commissioner Sanchez, I'm going to call your attention to the previous issue in your district, where -- Chairman Winton: Twenty-seventh. Vice Chairman Teele: What was that, the -- Chairman Winton: The 27th Street -- 27th -- Vice Chairman Teele: Metrorail thing. Chairman Winton: -- Avenue Metrorail. Vice Chairman Teele: This is very dangerous. What the City is doing right now is very dangerous. This item should not be approved until all issues around this have been resolved, and that's what the Manager told me he was going to get done, and they were going to get back to me. Now I realize the circumstances that the assistant manager has not gotten back, but I'm going to specifically ask that PZ.3 be resolved, and I'm going to tell you something else. Your recommendations on PZ.2 make no -- they make no sense, Madam Director, in this regard: Once we give them the green light, they can build anything they want to. Ms. Slazyk: That's why we -- Vice Chairman Teele: Once we give them the green lights -- so all of this stuff sounds good for the public -- Commissioner Sanchez: Yep. Vice Chairman Teele: -- but trust me -- you know, I know. This is a transit station deal, and once you give them the permission to close that street, you better get everything done before that street gets closed, if you close it, because once you close that street, you've just -- you've locked the barn, but all the cows are gone, so I'm going to move that, at the appropriate time, PZ.3 -- there are substantial number of issues, litigation issues. There's a whole series of things that we need to make sure are protected before this City moves forward on PZ.3. Commissioner Sanchez: Second on the deferral. Vice Chairman Teele: I recommend that we would defer PZ.2 and 3, just so that this thing stays together. 158 May 22, 2003 Chairman Winton: I'd like to put something on the record on behalf of the -- not on behalf of, but for the County. This issue on closing alleyways and -- we're not picking on the County uniquely here. We've decided, some time ago, that -- because we've learned that once you close an alleyway or once you close a right-of-way, as Commissioner Teele said, the horse is out of the barn and you can't do anything about it. We have a tremendous amount of leverage in terms of how a development could get done if we don't close that alleyway ahead of time, but once it's closed, we don't have any leverage whatsoever, and in this particular case -- and generally, when people are closing these alleyways, it's to create a bigger development, and we understand this is a Metrorail Station thing. We understand that y'all have all kinds of rights that we don't have any longer, except in one case here. When we have an opportunity, when you -- to build -- in order to build your product, you have to close our right-of-way, then suddenly we can get some of our rights back, which we're very interested in doing. Yes, ma'am. Judy Burke: For the record, my name is Judy Burke, practicing law with Shutts & Bowen, 201 Biscayne Boulevard, in Miami. I am not the representative of the County on item number 3. It's their application to close the street, but I do represent Overtown Partnership Limited, that is the developer of the project plan for the Overtown Metrorail Station site, and as to the street closure, this portion of Northwest 7th, this street was closed by the City Commission many years ago, but the problem was they never recorded the plat, so the street closure went away. It's been closed and it's right there in the middle of a parking lot. There is no street -- Chairman Winton: Thank goodness we did that then. Ms. Burke: -- so, there's not an existing street. It's shown as a street because it wasn't officially vacated, but it's in the parking lot. Chairman Winton: You're missing my point and Commissioner Teele's point. Our point is that years ago, for whatever reason, the City abdicated its responsibility by just granting cart blanche the County the right to develop anything they wanted to develop, any way they wanted to develop at all those Metrorail Stations within the City of Miami and everywhere else. That was ridiculous on the part of the City, and this is -- I don't care what it looks like. The fact of the matter is that in order to build, we have to grant that -- the closure of that right-of-way, and because we now have to grant it, we want to know what's going to go onto that site, what it's going to look like, what the density's going to be, and once we know that, we may be -- we're probably going to be very favorably impressed to do exactly that. Ms. Burke: That's what I'm here today to show you, what we would like to build on the site. Item number 2 is the approval of the standards, the Zoning Code, so to speak, for what's going to be built on the Metrorail Station site. The County also has an application that's been pending for a long, long time to close the road because they're responsible, as the owner of the property, to plat it and turn it over to the lessee to develop the property. We're talking about a 340,000 square foot office building that's going to go up on this site that is already leased, 100 percent leased to the County for their administrative offices. We're ready to go into the ground. We can start building in the fall, so it's very important that the standards, which have been approved by the County, pursuant to the procedure -- because this is RTZ zoned property -- were sent over from the County Manager to your Mayor with a recommendation for this Commission to 159 May 22, 2003 approve it. This is your bite at the apple to approve the standards that we cannot deviate from when we build the property. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: On the motion to defer, Mr. Attorney -- and I really think the City Attorney -- and this is exactly what I told the Manager. The City Attorney and the City Manager need to sit down together and get us a document that is binding. This document is not binding on the City, on the County Commission, nor is it binding on the court, where the lawsuits are, and what I have suggested, repeatedly, is that the Planning Director be involved in these discussions, and that we sit down and negotiate an agreement. I have sat on the other side of the table where they sit and laugh at the City for not being serious about these kind of matters. This document, although it's signed by the Manager, is not binding. It's certainly not binding on any of the 13 Commissioners to the extent that Joe Arriola can't bind me for my vote, or you for your vote, and it's just a naked sheet of paper that says we will recommend the litigation be withdrawn, et cetera. There's no vote. There's not even an acknowledgment by the County Attorney at a minimum, but I think this goes to a whole series of issues, and that's this -- and it's interesting, the last time I saw Mr. Enrique was when he was here on behalf of the Children's Museum on a Metrorail site there in Coconut Grove, I guess. Commissioner Sanchez: You have the mind of an elephant. Chairman Winton: It was in the Roads. Vice Chairman Teele: It's in the Roads area, but there are a whole series of issues, and it's more than what the developer is saying. Now, I mean, you know, the developer, I commend counsel, but this has nothing to do with this point with the developer. This has to do with the City Commission, in our limited roles, in our limited rights, in these various Metrorail stations as it relates to development, and it has to do with litigation, which these words "two years to develop" has a specific meaning of art. Have you seen this before, Mr. Attorney? Joel Maxwell (Deputy City Attorney): No, sir. That's it. That hasn't been submitted to us. Vice Chairman Teele: Well, it came to me two weeks ago with the Manager -- I sat down with him and said, sit down with the City Attorney, and let's be big boys about this thing, and let's all put on our thinking caps, and get with the Planning Department, and let's get all of these things that the director is recommending, because with all due respect, her recommendations are meaningless once this project goes forward because we have no ability to enforce, do we? Ms. Slazyk: No. All -- the entire permitting is with the County. Ms. Burke: Vice Chairman Teele, may I ask that if you go ahead and defer item number 3, which you will maintain control over the road closure, which is something you want, if we could move forward with our standards tonight, because we have a whole site plan review process. 160 May 22, 2003 Vice Chairman Teele: But Counsel, this is the problem. If you're prepared and the City Attorney are prepared to somehow proffer an acceptance and a covenant on all of the standards, then we can move forward, but her recommendations, and the City recommendations, and you saying here now "OK" are meaningless once we approve this project. Ms. Burke: But -- Vice Chairman Teele: Because the preemption on these Metrorail sites is we don't get any more approvals. Ms. Slazyk: Right. Ms. Burke: But I'm -- we -- you do know that my client, Overtown Partnership Limited, has absolutely nothing to do with the properties that are in litigation. That's between the City and -- Vice Chairman Teele: No, no, no. Chairman Winton: No, no, he's not talking about -- Ms. Burke: We -- Chairman Winton: Yeah. Vice Chairman Teele: Are you prepared to accept or to proffer a covenant accepting all of the City's staff s recommendations that are stated here today? Ms. Burke: I -- Chairman Winton: Judy -- Vice Chairman Teele: Although, I don't think this is the way to do it. Chairman Winton: No. Mr. Maxwell: No, sir. Vice Chairman Teele: I think -- Chairman Winton: Judy. Mr. Maxwell: I would recommend, Mr. Chairman, Commissioner -- Ms. Burke: I just wanted to say that -- Mr. Maxwell: -- that this item be deferred -- 161 May 22, 2003 Ms. Burke: -- we could -- we would do that. Mr. Maxwell: -- so that any document, any covenant between the City and the County obviously would have to be agreed by -- reviewed by the County Attorney's Office, as well. It's something that I would not recommend be done at this moment -- Chairman Winton: Well, when would you recommend it be done? Mr. Maxwell: -- and we would have to have the document. We need -- we'd have to have the document in front of us. Chairman Winton: Well -- yes. Mr. Vilarello: And Mr. Chairman, I can tell you that the Manager and I have met with the County Attorney, and the County Attorney's working on a draft, so this document that you all have, as recently as a week ago, I confirmed with the County Attorney's Office that they were not ready to go forward with a final recommendation with regard to resolution of all those issues, so -- Commissioner Sanchez: The best action -- Ms. Burke: But -- Commissioner Sanchez: -- to take here today -- Mr. Vilarello: -- that's as of a week ago. Commissioner Sanchez: -- is none. Chairman Winton: Well -- but -- and that may be, but here's what I want to make sure we get on a path to do. The fact of the matter is that the City of Miami and Miami -Dade County are working much closer today than we've -- Vice Chairman Teele: Very much. Chairman Winton: -- maybe worked in a long, long time. There's a lot of issues, and the fact that we don't have all the issues resolved just is -- that's the way it works, but there's a lot of things that we have resolved, and so I want to be careful today, even though you and I are agreeing philosophically on this whole thing, I want to make sure we take the appropriate steps that doesn't send the County the wrong signal; that we're trying to create another battle because we don't want that. We want this project built, but we want the kind of project built that will enhance that neighborhood, and enhance future development in that neighborhood, and we want to make sure that we can see it, so I'm a little confused how we can get that protection here, and maybe, Mr. Attorney, you can tell me what steps we need to take immediately so that we can get this project fast -tracked if we happen to defer Item 2 this evening. 162 May 22, 2003 Mr. Maxwell: Mr. Chairman, I would recommend that it be deferred so that we could prepare a proper document. I don't think we could get you a document today that would give you the level of comfort and protection that's necessary in a project of this magnitude with the parties that are participating in this. Chairman Winton: And Judy, what does deferral do? Ms. Burke: We -- it causes us endless problems. We're ready to start in the ground in the fall. We have the site plan here tonight, if you want to see it. We're not -- even though we're not required to give it to the City of Miami, we gave it to your Planning Department months ago for review. We have our architect here tonight to present it to you, so you can see how the standards show on the drawing board, and we understand if you're going to defer number 3 -- Ms. Slazyk: They're in your package. Chairman Winton: Three, right. Ms. Slazyk: They're in your package, too. Chairman Winton: And we have a tremen -- well, it wasn't in mine. Ms. Slazyk: In PZ.2, the drawings -- Chairman Winton: No. Ms. Slazyk: -- are in -- the 8%by 11 drawings. Ms. Burke: Would you like our architect to -- Chairman Winton: Oh, yeah, but I couldn't -- Ms. Burke: -- to come forward with the plans? Vice Chairman Teele: Mr. Chairman. Chairman Winton: These drawings -- Vice Chairman Teele: Mr. Chairman -- Chairman Winton: Yes, sir. Vice Chairman Teele: -- with all due respect, these discussions need to be held staff -to -staff. I mean, you know, we may have the authority, but we're not the technical people, and I don't think we want to start sending the signal that somebody's going to bypass staff and make a 163 May 22, 2003 presentation to us, because I don't even know the right questions to ask, to be honest with you, but I'm sure the Planning Director does, or some engineering -- Chairman Winton: I think staff has done what we're really wanting, and that was a part of Lourdes' original presentation, but I have a question about that. I want to understand, Lourdes, if -- in your analysis of their project, were you thinking about it as you would think about any project that comes before -- comes to the City of Miami, or were you thinking about it as a -- with the limitation that "I don't have all this authority over this anyhow, so I'm not going to question all the same kinds of things"? Ms. Slazyk: All right. What we looked at, their Master Plan Development Standards, what they write is like a mini Zoning Code for this property -- Chairman Winton: Um-hmm. Ms. Slazyk -- is actually well written. We're OK with that, but when we looked at how they implemented their project, according to those standards, we found it short. I don't believe that project meets all the standards that they, themselves, said they were going to meet, and that's where -- but I don't have any say over the no of the project. Chairman Winton: Did you put -- Ms. Slazyk Yes, I put that in here. Chairman Winton: -- those -- Ms. Slazyk: Yeah. Chairman Winton: So, your recommendation for approval includes an upgrade and the attention to all of the standards, is that correct? Ana Gelabert (Director, Planning & Zoning): It is correct, and what Lourdes -- Chairman Winton: Your name and address, please, or name and -- Ms. Gelabert: Ana Gelabert, director of the Planning and Zoning Department. The one condition that Lourdes stressed as to the urban design standards that the County has was in our limited power to be able to say, if they do this, they would be meeting the standards we would be reviewing if we had the power, design wise. Those are the urban design standards, the manual that the County has. Chairman Winton: So, you're -- well, I'm not sure I understood that. Ms. Gelabert: So, I guess it's the type of things we would be requiring from the project are part of the manual that the County has on urban design, if they're able to meet those standards. 164 May 22, 2003 Chairman Winton: Well, have they met them? Are they meeting -- are we putting those conditions -- Ms. Gelabert: No. Chairman Winton: -- in this approval? Ms. Gelabert: No, because on the -- what -- Chairman Winton: I don't -- I'm -- you know, just -- I'm sorry -- Mr. Maxwell: Mr. Chair -- Chairman Winton: -- Commissioner Gonzalez. Mr. Maxwell: Mr. Chairman, the Manager wanted to speak to you on something -- Chairman Winton: I understand -- Mr. Maxwell: -- then we do -- Chairman Winton: -- but I'm waiting for an answer here, you know, and I'm -- Mr. Maxwell: Are you asking the -- one of the concerns I have, Mr. Chairman, is that it appears that what you want to do is delegate some of your respons -- Chairman Winton: I'm not delegating anything. Mr. Maxwell: Did -- Chairman Winton: Mr. City, would you -- I'm not delegating anything. I'm asking her a simple question. I'm not delegating anything. It's a question. I'm asking her how she thought about a process. I haven't delegated anything to anybody, so could you answer that question for me, please? Ms. Gelabert: Commissioner, what we are required -- what we can do is look at the standards and read them, and if the -- without a project. If the standards read according to what the station would call, that's what we're looking at, so the answer to that would be those standards, yes. Our concern from the Planning Department was how are those standards going to be applied -- once they're applied into a project physically, what does the project look like, and those are the ones we -- since we don't get to review the project, we wanted to make sure that those standards were going to be in place, and that's why the recommendation, and that's what Lourdes stated, was make that the manual of the urban design would be put in place, because what we are here is recommending to you only the standards. That's the only role we have and authority we have, so it's -- 165 May 22, 2003 Commissioner Regalado: But -- Vice Chairman Teele: Johnny -- Chairman Winton: Mr. Attorney -- Ms. Gelabert: -- there's not a project. Ms. Burke: Can I -- Vice Chairman Teele: But Johnny -- Commissioner Regalado: Mr. Chairman. Vice Chairman Teele: -- this is the only point I want to make. Ms. Burke: Can I put -- Chairman Winton: Wait a minute. Hold on. Vice Chairman Teele: Just one point. Chairman Winton: (UNINTELLIGIBLE). Vice Chairman Teele: This is a project that I support, conceptually, the development at this station. I don't support the land graph that the County was trying to orchestrate on behalf of this developer by filing a lawsuit to get more land as a part of this, because the land that's in question is contiguous. That's not the issue. The issue is simply this: Is this structure in Overtown going to meet the same standards as all of the other buildings that the City is asking for, and if so, then let's let the developer make a proffer and bring the development under the same standards as otherwise? Chairman Winton: As PZ. 1. Vice Chairman Teele: As PZ. 1. I mean, there's nothing wrong with a developer, notwithstanding the so-called rights of the County, which was a public policy that I wrote in `81 that was a mistake, which is to give in Metrorail locations a superior right to intensify development. The reason for this policy, which was done, you know, in Washington, was that the City of Miami, in particular, was looking at some very esoteric times of development in the minds of the professional staff there, and they were limiting the magnitude of development. They had these standards about you had to have three cars for three bedrooms, and all that kind of stuff, so one of the decisions that was made was, which this was a federal grant land -- this was a federal grant, which I had the pleasure of approving, even though the inspector general investigated me, Mr. Knox, because you came to my office and asked for this, this extra land -- was to help -- as a City Attorney of Miami -- was to try to help intensify development, but the intent was never to try to get away from design standards, but to try to encourage greater use of 166 May 22, 2003 development along Metrorail, like in Atlanta. If you go to Atlanta, at every stop there's intensive housing, you know, and Miami didn't want to do that kind of stuff, so that's why we got there. Now, there's nothing wrong with this developer proffering that the design standards could come under the City. That becomes a contract, I would assume, if the Attorney would agree so that, or a compact between the developer and the City, and that's all that I'm saying, and let's don't get into the road closure. Chairman Winton: Mr. Manager, and -- Commissioner Regalado, then Mr. Manager. Commissioner Regalado: I think Lourdes and Ana were saying that they had some concerns, and you said that you didn't know exactly how is that going to be? Ms. Gelabert: We were concerned with the -- on the pedestrian side, we were concerned with some of the elevations, and again, I go back, so those were our concerns; again, the standards that they read, and if the project would follow the standards of design, then it would be fine. It would meet our standards. The recommendation that we placed has to follow, since we were unable to put ours, that the Dade County Urban Design Manual would be followed would satisfy us -- Ms. Burke: We agreed. Ms. Gelabert: -- but at this time -- Chairman Winton: It would satisfy us. Ms. Gelabert: It would. At this time, the project, we were concerned with some issues, if we would have had the design. Commissioner Regalado: But you did -- Chairman Winton: (INAUDIBLE) -- oh, I'm sorry. Commissioner Regalado: She said that you had the site plan and everything. Ms. Gelabert: That's right, and we did express those concerns. Again -- Commissioner Regalado: And what happened then? Ms. Gelabert: Well, it's that -- what -- the authority we have is to look at the standards. If you read the standards, it's the same type of things -- Commissioner Regalado: No, no. I understand. Ms. Gelabert: -- that we do -- take a look at. Commissioner Regalado: No, no, no. I understand. 167 May 22, 2003 Ms. Slazyk: They did make the changes. Commissioner Regalado: Because this letter that the County Manager send, it's about trust, because he wants us first to do that and to do this, and then he may recommend or he may not, and the Commission may vote or may not, so you said that you had some concerns -- Ms. Gelabert: We had some concerns on the -- Commissioner Regalado: -- and they didn't do anything. Ms. Gelabert: The plans -- Commissioner Regalado: OK. Ms. Gelabert: -- were submitted with the same -- Ms. Burke: May -- could I address that issue? Commissioner Regalado, I -- Chairman Winton: Hold on. Joe Arriola (City Manager): Excuse me. Chairman Winton: Excuse me. Mr. Arriola: Excuse me. Chairman Winton: Mr. Manager. Mr. Arriola: I would like to see if we could defer 2 and 3. It's obvious that the City Attorney and I tried to do kind of a global thing with the County, and it just didn't happen. We need to go back to them and just break these two items, and come back in 30 days and present it again, because it's kind of a little confusing. We're trying to do -- Chairman Winton: Commissioner Sanchez. Mr. Arriola: We try to do a little too much and it just backfired on us. I'd like to, you know -- Chairman Winton: OK. Mr. Arriola: -- defer this -- Chairman Winton: Commissioner. Mr. Arriola: -- in no more than 30 days, we'll come back -- 168 May 22, 2003 Chairman Winton: Commissioner Sanchez. Mr. Arriola: -- with a signed thing from the County. Commissioner Sanchez: Mr. Chairman -- Chairman Winton: OK. Commissioner Sanchez: -- let me just speak from experience with the Vizcatran. Once we vote Chairman Winton: With the what? Commissioner Sanchez: With the Vizcatran. That's exactly the issue that's -- it may not be similar or whatever, but let me just speak from experience. Once we vote on this issue and it goes to the County, we don't have a say in it any more, and I need -- we need to be very careful. I know it's an inconvenience to the County, and we apologize, but I think that we need -- Chairman Winton: And the developer. Commissioner Sanchez: -- to be very careful on this, and the appropriate thing to do here today is for a deferral; that within 30 days, to come back. Chairman Winton: OK. Judy -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: -- you get one more shot. Ms. Burke: I -- Chairman Winton: Yeah. Hold it, hold it. Ms. Burke: --did just -- Vice Chairman Teele: Before you -- Ms. Burke: I want -- Vice Chairman Teele: -- make your statement. Mr. Manager, let me say this, I'm very encouraged by this letter by the Manager, but there's two or three things -- and I mentioned this to Victor when I was being briefed on this -- one, we are in litigation with someone that the City gave the rights to develop. That litigation has gone on for four years to date. It may go on for an additional two to three to four years. I don't know, but we need two years to develop after the settlement of that litigation, because two years doesn't do anything for us, and secondly, I am 100 percent in support of the development of this station for a Metrorail, or a transit office, or 169 May 22, 2003 whatever they're going to do there. I think it makes a lot of sense to do it there. It's the next station up from the Government Center. It's sort of a no-brainer. Why the County didn't do it directly, that's their business, but the fact of the matter is they're going this way. I am 100 percent in support of the development. I do think, however, that in this particular case, we should try to get the County to let the developer enter into a covenant with us where our people can do the -- Chairman Winton: Planning review. Vice Chairman Teele: -- planning reviews and all of that, because we know what we're trying to create in Park West, and Overtown, and downtown, and it doesn't make sense, in my judgment, if everybody's playing by the -- with the same deck of cards to have a one or two in the laps, so the County should just go ahead and agree to let the City do the development reviews, and this will sort of be a no-brainer. I mean, it'll go through like zip, zip, zip. Chairman Winton: Judy -- Ms. Burke: OK. Chairman Winton: -- one last shot. Ms. Burke: I want to address three things that were said. Number one, my client has a lease on this property across from some parcels that the County and the City are in litigation over. They never had any involvement with those parcels, never had any interest in those parcels, and until the issue was brought up when the plat was before this Commission 90 days ago, never heard of those parcels, so we are totally outside of the issues relating to the County and the City. The reason that the development standards and the site plan are being looked at the way they're being brought before you is in the City Code, it says any property that is zoned RTZ, all zoning approval is with Dade County. That's what the City Code says. The only thing we're supposed to give you is a copy of the standards after they're approved by the County for the Commission to approve, and then we develop a site plan and we bring it to the County. Instead of just doing that, we submitted the site plan to your Planning Department in January to make sure that they looked at it and thought the plan worked. They gave us some suggestions, which we said to them, when we submit our site plan to the County for approval, as the process requires, we're going to incorporate everything that you suggested. Yes, we're going to go along with Urban Design Manual. We're going to do everything you asked about landscaping. We're going to incorporate it into the site plan. We can't bring our site plan to the County until this Commission approves the standards, and this is in accordance with your Code, so that is the reason that it comes in such a strange posture before you, but this is what your Code requires and what the County Code requires. It's not City -- Chairman Winton: So, Mr. Manager -- Ms. Burke: -- zoned property. 170 May 22, 2003 Chairman Winton: -- you've heard a part of the dilemma, and so we're counting on you sorting through all of this, and this comes back to us within -- at this very next Planning and Zoning meeting -- Mr. Arriola: The 26th. Chairman Winton: -- so that we can vote on these issues -- Mr. Arriola: June 26. Chairman Winton: -- so we need a motion. Vice Chairman Teele: We have a motion and a second. Ms. Thompson: Motion. You need a second. Chairman Winton: Oh, we do, to defer? Mr. Maxwell: Continue to June 26. Chairman Winton: Yes, so a motion, second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-608 A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING ITEMS TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR JUNE 26, 2003: �EVELOPMENT PROPOSED RESOLUTION TO APPROVE MASTER PLAN STANDARDS FOR THE OVERTOWN/ARENA METRORAIL STATION PROJECT; AND • PROPOSED CLOSURE OF PORTION OF N.W. 7 STREET BETWEEN N.W. 1 COURT AND METRORAIL RIGHT-OF-WAY; FURTHER DIRECTING THE CITY MANAGER TO MEET WITH VICE CHAIRMAN TEELE REGARDING PENDING ISSUES RELATED TO THIS MATTER; FURTHER DIRECTING THE MANAGER AND THE CITY ATTORNEY TO DRAFT A DOCUMENT WHICH IS BINDING ON THE PART OF THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE PORT OF MIAMI TO PROTECT THE CITY'S INTERESTS ON THIS MATTER. 171 May 22, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you, Judy. All right. Vice Chairman Teele: Mr. Chairman, and to help the developer, Mr. Manager, would you consider asking the County to convene a meeting with our Planning Department and their Planning Department, because this is the way this stuff should be. It shouldn't be going from here and then going there. It should be one stop. It's one project, and I mean, maybe that's a submittal ground, so that the developer doesn't lose 30 days. They can take it directly to the County, with the City saying we'll come over there and work together with them. Mr. Arriola: Will do. Chairman Winton: And that's a great suggestion because we don't want the developer to lose the 30 days. We would like him to get these back. 34. APPROVE MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANT, DECLARATION OF RESTRICTIONS, MODIFICATION OF DECLARATION OF RESTRICTIONS, IN ORDER TO AMEND PARAGRAPH THREE OF ZONING COVENANT TO MODIFY PREVIOUSLY APPROVED SITE PLAN AT 2960, 2980 AND 3014 SW 22ND STREET AND 2963, 2975, 3001, 3015 AND 3019 SW 22ND TERRACE (Applicant(s): Coral View, LC). Chairman Winton: So PZ.4. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is a request to amend a covenant running with the land for the property that is now the Coral View project, which is on Coral Way. I believe they changed the name to the Aston. Anyway, the request is in order to modify a covenant that was proffered with the zoning change for the property, where in the covenant they said that they would not have any vehicular ingress or egress off of 22nd Terrace into or out of the project. As some of you may recall, the project was approved with a tower on Coral Way and town house units on 22nd Terrace. The applicant is coming in to request a modification in order to allow those town house units to have parking spaces that are right in front of the town houses. They say they're having trouble selling those units because there's no direct parking in 172 May 22, 2003 front of the units, so the request before you is in order to modify the covenant so they can just have the parking spaces for the town houses. They would have no ingress or egress into the garage. It would just be to park in front of a house, just like any other home in the neighborhood. We're recommending approval with conditions; that additional landscaping be added to the planters that are depicted on the plans, and that it only be for the spaces shown in the site plan that was delivered to the Department. There was one change to the site plan from what's in your package to what you're going to act on tonight. The package that they submitted originally showed ten parking spaces, one for each of the town house units that backed into the street, just like any parking space backs out of a single-family residential driveway. The problem is with the C-1 zoning, they're not allowed to back out into the street, so they had to reconfigure the parking spaces so that they back up on their own property and forward out into the street; that cut ten down to eight, so the request before you is for eight parking spaces for the town houses that back on to 22nd Terrace. Chairman Winton: Well, it also cut out a big chunk of area that you could have landscaped. Ms. Slazyk: That was landscaped -- Chairman Winton: Created more pavement. Ms. Slazyk: -- in the original. Right, so what we wanted them to do is take whatever area -- planter areas were left and enhance the landscape greatly, and bring a plan back to our landscape architect to review in order to mitigate that effect, because they are losing landscape in this process. Chairman Winton: Adrienne. Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at Greenberg Traurig, 1221 Brickell Avenue. I'm here today on behalf of the Coral View LLC. With me today is Jovanna (phonetic) Alvarez and Carlos Aria, also with BAP Development. This project did obtain a Major Use Special Permit approximately two years ago for approval of 216 residential units, as well as 10 town homes in the rear along Southwest 22nd Terrace. The reason that we're before you today is there was a covenant given in the `80s that said that there could be no vehicular ingress or egress over the south property line from 22nd Terrace. The town homes were designed in the rear so that the homes fronting on Southwest 22nd Terrace would have the feel of low -- a low-rise building, and then the tower sets back much further. We met with the neighbors along Southwest 22nd Terrace last week. Mr. Wagner over at the Coral Way NET (Neighborhood Enhancement Team) Office was very generous in helping us set up this meeting, so we met with the neighbors at that time in order to explain to them exactly what we would be proposing before the Commission today, so we could hash out any of the questions that they may have regarding this item. We found that when we met with these neighbors, that their biggest concern is that they have a lot of people parking in front of their homes because of the businesses that are along 29th and 31st Avenues, and we discussed it with them. I then had -- what's happening is people are parking right in front of the swale area in front of their homes, so most of the discussion was how they would like to have improvements made, putting curbs in front of their homes, as well as landscaping in the swale area so that they wouldn't have this problem. I 173 May 22, 2003 then contacted Len Helmers over in the Public Works Department, and he told me that with the support of the neighbors along Southwest 22nd Terrace, we could submit a petition to the Public Works director, which would call for allocations of some of the impact fee monies in the capital improvement funds that the City has, and that comes before you back in October, so what we did is we got back with our neighbors, we explained this to them, and we've submitted into the record a -- there's two petitions actually. One is their request that they be able to have some monies allocated for their street for improvements to it, which we'll be addressing later, and we'll be working with them on that, and then the other one was we had seven neighbors directly across the street that said they had no objection to our proposed amendment in order to have these parking spaces. It's a very minor request, in that we're only asking for the parking spaces. There will be no ingress or egress into the building. The only way to get into this building is from Coral Way, and that will not be changed. It's just so that ten of -- actually, eight of the town homes will have a parking space in front, and actually, that will alleviate any of those people perhaps parking in other areas where they shouldn't, and they'll have their own direct parking space. Commissioner Sanchez: Mr. Chairman. Ms. Pardo: Do you have questions? Chairman Winton: Yes, sir. Commissioner Sanchez: I have a question. Does this form that you have here, which neighbors have signed request, is it support your request here today? Ms. Pardo: Yes, it does. There's two. There's two petitions. One is a petition signed by them requesting that funds be allocated, and I'm going to be submitting a letter later this week to the Public Works director, and then there's a separate petition that specifically says that they're in support of our amendment before you today. Commissioner Sanchez: Is there any opposition? Chairman Winton: We have a public hearing, so -- Commissioner Regalado: Mr. Chairman. Chairman Winton: Yes. Commissioner Regalado: That is, of course, part of District 4, and 22nd Terrace, on that block, does not have sidewalks or curbs, not on the side of the building. I think that the major concern of the residents was that there would be egress from the towers -- Ms. Pardo: Correct. Commissioner Regalado: -- and the stores -- 174 May 22, 2003 Ms. Slazyk: Correct. Commissioner Regalado: -- through 22nd Terrace, which now is being used by many people in order to avoid Coral Way, and it's really a very messy situation, and the second issue that they had is exactly that, that the people that work -- the employees that work on Coral Way, especially in the cafeteria, they park -- they are told to park in front of their houses. I would really support that change if it is possible that the developer can help Public Works to work on that block in order to sort of avoid the chaotic situation that you know is there because of the parking, and blocking driveways, and all that, so Mr. Chairman, I'm ready to -- Chairman Winton: We have a public hearing, though, so -- Commissioner Regalado: Sure, no problem. Chairman Winton: -- this is a public hearing. Anyone from the public would like to speak on PZA? It seems like I have three people who -- are these three people, Madam Clerk, the ones that want to speak on this item? Priscilla A. Thompson (City Clerk): That is correct, three people signed up. Chairman Winton: Sylvia and Ramiro, I think it's, Vargas, and Dalia Diaz, did y'all want to speak on this item? Vice Chairman Teele: Are they for it or against? Chairman Winton: I don't know. I haven't figured that out. Ms. Pardo: There were some neighbors here earlier that had actually signed in support, but they weren't sure if they were going to wait for -- Chairman Winton: OK. It's a public hearing. Anyone from the public would like to speak on PZA? Anyone from the public would like to speak on PZA? Apparently, there is no one. We'll close the public hearing. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I move that this will be approved, the modification to a covenant, and that the developer will report to the Commission the deal with the neighbors in terms of money that would be provided to Public Works -- Mr. Maxwell: Excuse me. Commissioner Regalado: -- to work with them. Mr. Maxwell: Mr. Chairman, I -- Chairman Winton: Yes, sir. 175 May 22, 2003 Mr. Maxwell: -- would suggest, Commissioner, that you not put that condition in there. Commissioner Regalado: Well, she said that she would. Ms. Pardo: You want me to proffer it -- Mr. Maxwell: That should not be -- Ms. Pardo: -- on the record? Would that be better? Mr. Maxwell: No. That's -- the deal with -- any deal with the neighbors is not relevant to these proceedings. Commissioner Regalado: OK. Well, that they -- that we will be informed of the enhancing of Southwest 22nd Terrace. Mr. Maxwell: It should not be part of the vote, Commissioner. If, after you've voted -- Commissioner Regalado: OK. Mr. Maxwell: -- the applicant indicates that they will keep you -- Commissioner Regalado: Good. Mr. Maxwell: -- informed, fine, but -- Commissioner Regalado: No problem. Mr. Maxwell: -- it's not a condition of the vote. Commissioner Regalado: I move that the modification to the covenant be approved. Commissioner Sanchez: I'll second it -- Vice Chairman Teele: Second. Commissioner Sanchez: -- as long as though statements are scratched off the record. Chairman Winton: OK. Ms. Slazyk: Let me just add that that would be with the condition that the site plan be modified for the eight parking space plan, not the ten -space plan -- Commissioner Regalado: Correct. Ms. Slazyk -- in order to meet zoning. 176 May 22, 2003 Chairman Winton: And I have one last question. What did you say, Lourdes, about -- the worry that I have with this plan, and we see it all over the city, where, you know, two years goes by and suddenly that landscaped area is paved over and then you have just nothing but pavement everywhere. That's my concern, and what are we doing to protect against that? Ms. Slazyk: Well, that was the second condition, that -- or the first one, that they had to bring a plan to us with the additional landscaping. Once that plan is approved, they have to maintain that plan. If they -- Chairman Winton: Oh, good. Ms. Slazyk: -- remove any of that landscaping, they're in violation. Chairman Winton: OK, good. Commissioner Sanchez: All right. Chairman Winton: OK. We have a motion and a second. Any other discussion? Commissioner Sanchez: Call the question. Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 177 May 22, 2003 The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-609 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED MARCH 2, 1988 DECLARATION OF RESTRICTIONS SIGNED BU NOT RECORDED IN THE PUBLIC RECORDS, THE AUGUST 26, 1998 MODIFICATION OF DECLARATION OF RESTRICTIONS, RECORDED IN OFFICIAL RECORDS BOOK 19264, PAGE 2326, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AS FURTHER AMENDED PURSUANT TO RESOLUTION NO. 00-1136, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2960, 2980 AND 3014 SOUTHWEST 22 STREET AND 2963, 2975, 3001, 3015 AND 3019 SOUTHWEST 22 TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," IN ORDER TO AMEND PARAGRAPH THREE OF THE ZONING COVENANT TO MODIFY THE PREVIOUSLY APPROVED SITE PLAN; SUBJECT TO THE PROPERTY OWNER RECORDING THE MODIFICATION IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Regalado: OK. Now, Mr. Chairman, I would ask Adrienne to give us a report on the different steps that you will be taking to work with the neighbors to enhance Southwest 22nd Terrace. Ms. Pardo: I'd be happy to. Would you like me to schedule it some time in the future as a personal appearance? Commissioner Regalado: Yes, because since we have -- you see, we have quality of life money from the bonds, and we need to do something on 22nd Terrace. The street, it's horrible there, and we wouldn't want to do something, CIP (Capital Improvement Project) and Public Works, 178 May 22, 2003 and then you come on board and do something else, so might as well do the whole thing at the same time, you know. Ms. Pardo: Right. No -- Commissioner Regalado: Whatever. Ms. Pardo: -- the neighbors will be thrilled, and I'll get in touch with them so they know as well. Commissioner Regalado: OK. Ms. Pardo: Thank you. Commissioner Regalado: I'm done. 35. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "RESTRICTED COMMERCIAL" TO "DUPLEX RESIDENTIAL" AT 4230 NW 3RD STREET (Applicant(s): Land (1) One, LTD. Vice Chairman Teele: Do we have some (UNINTELLIGIBLE)? Chairman Winton: Yes. Well, Commissioner Sanchez, PZ.5 is in his district, and he's asked that, which I thought he had said at the beginning -- and my apologies to all of you if I didn't make that clear. I mean, I understood it and I thought y'all did -- that he wanted to make sure that PZ.5 was not taken up until 5 p.m. when -- Commissioner Sanchez: And I apologize for the delay -- Chairman Winton: -- the neighbors were here. Commissioner Sanchez: -- but I think, in all fairness, we need to have everyone here for the meeting. Vice Chairman Teele: Do we have some noncontroversial items that we can do? Chairman Winton: Yeah, we're going to go to PZ.6, second reading. PZ.6. Commissioner Sanchez: Although, it was properly advertised at 3. Chairman Winton: Though what? Commissioner Regalado: PZ.6 -- Chairman Winton: Oh. 179 May 22, 2003 Commissioner Regalado: -- is in my district, too, and -- Chairman Winton: What's -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Yeah, PZ.6, 7, and 8 -- Chairman Winton: Second reading. Ms. Slazyk: -- are actually companion items. These are the second readings from -- this is the actual down zoning for that three-foot strip. Chairman Winton: Right. Ms. Slazyk: Six and seven are the second readings for the land use and zoning change, and PZ.8 is the companion final plat. Chairman Winton: PZ.6 is a public hearing also, right, Mr. Attorney? Ms. Slazyk: Yes. Joel Maxwell (Deputy City Attorney): Yes, it is. Chairman Winton: OK. PZ.6, it's a public hearing. Anyone from the public would like to speak on PZ.6? Apparently, no one would like -- wants to speak on PZ.6. We'll close the public hearing. Commissioner Regalado. Commissioner Regalado: Mr. Chairman, I move on the second reading the ordinance. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second on PZ.6. Is this -- Mr. Maxwell: It's an ordinance. Chairman Winton: It's an ordinance? Mr. Maxwell: Yes. Chairman Winton: Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. 180 May 22, 2003 An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF PART OF THE PROPERTY LOCATED AT APPROXIMATELY 4230 NORTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "DUPLEX RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of May 1, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12367 Ms. Thompson: The ordinance is passed -- I'm sorry, adopted on second reading, 3/0. 36. SECOND READING ORDINANCE: AMEND PAGE NO. 32 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM C-1 RESTRICTED COMMERCIAL TO R-2 TWO FAMILY RESIDENTIAL AT 4230 NW 3RD STREET (Applicant(s): Land (1) One, LTD. Chairman Winton: PZ. 7, second reading. Lourdes Slazyk (Assistant Director, Planning & Zoning): It's a companion. Chairman Winton: Companion item to 6. Ms. Slazyk: We recommend approval. 181 May 22, 2003 Chairman Winton: Public hearing. Anyone from the public would like to speak on PZ.7? Anyone from the public would like to speak on PZ.7? Apparently, being no one, we'll close the public hearing. Commissioner Regalado. Commissioner Regalado: Yes, sir, Mr. Chairman. I move, on a second reading, the ordinance. Vice Chairman Teele: Second. Chairman Winton: Got a motion and a second. This is an ordinance also. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32 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 TO R-2 TWO-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 4230 NORTHWEST 3RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 182 May 22, 2003 was passed on its first reading, by title, at the meeting of May 1, 2003, was taken up for its second and final reading, by title and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12368 Ms. Thompson: The ordinance is adopted on second reading, 3/0. 37. ACCEPT PLAT ENTITLED, VALLE SUBDIVISION AT 4230 NW 3RD STREET (Applicant(s): Land (1) One, LTD. Chairman Winton: And PZ. 8. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.8 is a resolution accepting the final plat for those properties. Vice Chairman Teele: Tomas. Chairman Winton: Now, by the way, why is this in PZ (planning & zoning) and not -- we do all other plats in our regular agenda? Ms. Slazyk: Yeah. Let me explain. This one had to be done as a companion item to the zoning and land use change. This was -- I explained it first reading. It was a funny chicken and egg situation. Chairman Winton: OK, fine. I -- fine. Commissioner Regalado: I'll move it, Mr. Chairman. Vice Chairman Teele: Second. Chairman Winton: Is this a public hearing -- Joel Maxwell (Deputy City Attorney): Yes, sir. 183 May 22, 2003 Chairman Winton: -- on the plat approval? Vice Chairman Teele: No, no. Chairman Winton: Plat approval is a public hearing? Mr. Maxwell: It's a public hearing. Chairman Winton: OK, public hearing. PZ.8 is a public hearing. We'll open the public hearing. Anyone would like to speak on PZ.8 from the public? Apparently, no one wants to speak on it. We'll close the public hearing. We have a motion and a second. Further discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following resolution was introduced by Commissioner Regalado, who moved for its adoption: RESOLUTION NO. 03-610 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "VALLE SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Upon being seconded by Vice Chairman Teele, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Angel Gonzalez Commissioner Joe Sanchez 184 May 22, 2003 38. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544 OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY AMENDING FUTURE LAND USE MAP FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL" AT 1415 NW 7TH COURT AND 735 NW 14TH STREET (Applicant(s): Alvaro Cosculluela, Construction Manager, III). Chairman Winton: PZ.9. Vice Chairman Teele: PZ.9 and 10 are somewhat controverse -- I mean, somewhat -- Chairman Winton: They are, so let's go to -- we'll hold off on PZ.9 and 10. Vice Chairman Teele: PZ. 11, you got a split recommendation; the Planning recommends denial and -- Chairman Winton: Yeah, so it's -- Vice Chairman Teele: -- the Planning Board recommend approval. Chairman Winton: How about -- Lourdes Slazyk (Assistant Director, Planning & Zoning): Right. Chairman Winton: -- PZ. 13? Vice Chairman Teele: Seems to be noncontroversial. Chairman Winton: PZ. 13. Ms. Slazyk: PZ. 13 and 14 are the companion land use and zoning change items for Miami -Dade County for the properties at 1415 Northwest 7th Court and 735 Northwest 14th Street, from duplex residential to general commercial. This had been recommended approval to the City Commission by the Planning Advisory Board and approval to the City Commission by the Zoning Board for the companion zoning change. Vice Chairman Teele: So moved, Mr. Chairman. I mean -- I'm sorry. Chairman Winton: Yeah. Vice Chairman Teele: Public hearing. Chairman Winton: Public hearing, so anyone from the public would like to speak on PZ. 13? Vice Chairman Teele: Anybody here from the County? 185 May 22, 2003 Chairman Winton: Anyone would like to speak on PZ. 13? Being none, we'll close the public hearing. Vice Chairman Teele: Move PZ. 13. Chairman Winton: Need a second. Commissioner Regalado: Second. Chairman Winton: We have a motion and a second. Is this an ordinance? Joel Maxwell (Deputy City Attorney): Yes, it is. Chairman Winton: Yes, sir. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Thank you. Hold on, Madam Clerk. Mr. Manager, one of your staff people handed me this note some time ago, and I said remind me when we get there, and it said "PZ. 13 and 14, the applicant ask that this be continued." Is -- were they concerned that this should be continued out of concerned that we might not approve it, or they don't want to do this any longer? Ms. Slazyk: As you may recall, PZ. 13 and 14, these are the changes -- Chairman Winton: Right, we recall. Ms. Slazyk -- for the parking for the Women's Detention Center. There was talk about proffering a covenant at first reading. They haven't brought anything else in, and I think they were -- maybe they wanted a continuance to keep -- the only thing I could think of is that they wanted to think about what the covenant they wanted to proffer. Vice Chairman Teele: But why couldn't we accept a covenant on second reading? Mr. Maxwell: You can. Ms. Slazyk: You can. Chairman Winton: Yeah. Ms. Slazyk You can. The Law Department would just need time to review it. Chairman Winton: OK, so we have a motion and a second. Do we have further discussion on this item? Madam Clerk, call the roll, please. Vice Chairman Teele: No, no. He needs to read it. 186 May 22, 2003 Chairman Winton: He read it. Vice Chairman Teele: Oh, he did it? Chairman Winton: Yeah, I interrupted right after he read it, so it's been read. Call the roll, please, on PZ. 13. Priscilla A. Thompson (City Clerk): Roll call. Ms. Thompson: This -- An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 7TH COURT AND 735 NORTHWEST 14TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Regalado, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 187 May 22, 2003 39. FIRST READING ORDINANCE: AMEND PAGE NO. 24 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS FROM R-2 TWO FAMILY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL AT 1415 NW 7TH COURT AND 735 NW 14TH STREET (Applicant(s): Alvaro Cosculluela, Construction Manager, III. Vice Chairman Teele: Move PZ. 14. Ms. Thompson: The ordinance is passed on -- Commissioner Gonzalez: Second. Ms. Thompson: -- first reading, 5/0. Chairman Winton: Got a motion and a second on PZ. 14, companion to 13, and it's a public hearing. Anyone from the public would like to speak on PZ. 14? Being -- Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Now, since this Commission before anything went to the County spoke so much, I don't send this to the County, too. I don't know how much tax we getting back from that -- from all those County prisons and jails and all that we got in Overtown and Allapattah, you know, and we service all those buildings. They could build some of these outside in the County, in Coral Gables, in other places, you know, and spread the burden, that's what I say. Chairman Winton: Thank you very much. Anyone else from the public would like to speak on PZ. 14? Being no one else, we'll close the public hearing. Read the ordinance, please. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Winton: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. 188 May 22, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24 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 C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 7TH COURT AND 735 NORTHWEST 14TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Teele, seconded by Commissioner Gonzalez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance is passed on first reading, 5/0. 40. APPROVE MODIFICATION TO DECLARATION OF RESTRICTIVE COVENANT IN ORDER TO AMEND PARAGRAPH THREE OF ZONING COVENANT TO MODIFY PREVIOUSLY APPROVED SITE PLAN AT 3150 & 3250 SW 3RD AVENUE (Applicant(s): United Way of Miami -Dade County, Inc. Chairman Winton: OK. We don't have any other items that are likely to go quickly. Commissioner Sanchez, it is 5 of 5, and we have a lot of people here, and we're either going to keep -- Commissioner Sanchez: PZ.5, Mr. Chairman. Chairman Winton: OK, PZ.5 it is. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a request for a modification to a covenant for United Way of Miami -Dade. As you may -- let me go through a little bit of history on this. There was a covenant that was proffered in 1970 by the applicant -- it was 189 May 22, 2003 recorded -- that required these properties to have surface parking only. The applicant came before the City Commission in March of 2002 to get a modification to that covenant in order to allow structures of certain heights. At that time, the City Commission approved a modification to the covenant that would allow a taller structure for the proposed facility along the 12th Avenue frontage of the property, and the shorter structure on Coral Way. That was something that now the request before you tonight is to flip it. Commissioner Sanchez: Flip it. Ms. Slazyk: The Planning and Zoning Department is recommending approval because the taller structure really is what belongs on Coral Way. If you look at the aerial photographs that are in your package, you'll see that this property is already straddled on both sides by taller structures on Coral Way. The -- we felt that the taller structures on 12th Avenue triangular portion of the property was going to be imposing on the residential area, right across the street, across Southwest 32nd Road, and that the lower building should be on that property with the taller building on Coral Way. The applicant then filed for a special exception, which went to the Zoning Board in March, and it was approved by the Zoning Board, in order to have the Center for Excellence, a child care facility for over 20 children, required the special exception. The Zoning Board approved that, subject to the covenant being modified by the City Commission, because the plans that the Zoning Board approved had the shorter building in -- out -- and the triangular parcel and the taller building up on Coral Way, which means that the covenant that you approved a year ago would need to be switched in order to allow for this site plan so the taller building would remain on Coral Way. Again, based on impact to the neighborhood and the least amount of impact and mitigating that, we recommend approval of the modified site plan that has the taller building on Coral Way. Joel Maxwell (Deputy City Attorney): Pardon me, Mr. Chairman. Chairman Winton: Yes, sir. Mr. Maxwell: Could I ask a question of Ms. Pardo -- Chairman Winton: Please. Mr. Maxwell: -- for a moment, please? Chairman Winton: Why certainly. Mr. Maxwell: Quick question. Ms. Pardo, as attorney for the applicant here, this document that was just passed out to the Commission, Center for Excellence in Early Education, this document here -- Ms. Adrienne Pardo: Yes. Mr. Maxwell: -- is this new information, or is this information that is currently already in the record? 190 May 22, 2003 Ms. Pardo: Some you have and some is new. Mr. Maxwell: Well, have you passed out copies of this document to the opponents, as well? Ms. Pardo: We have extra copies. Mr. Maxwell: I think you need to -- Ms. Pardo: We will. Mr. Maxwell: -- make sure that they -- this is a quasi-judicial hearing. You need to make sure they have a copy as well. Ms. Pardo: We do have extra copies, for that reason. Chairman Winton: Adrienne, have I been mispronouncing your last name all along? Is it Pardo or Pardo? Ms. Pardo: It's Pardo. Commissioner Sanchez: It all depends. Ms. Pardo: My mom thinks it's Pardo, but it's really not. Chairman Winton: OK. Thank you. Ms. Pardo: My husband thinks it's Pardo. Chairman Winton: You're on. Vice Chairman Teele: Your mom is right. Mr. Maxwell: Is there anybody in -- Ms. Pardo: I do, if anybody wants to see it. We did bring extra copies -- Mr. Maxwell: I need you -- Ms. Pardo: --so -- Mr. Maxwell: I need the record to reflect the fact that they have it. Ms. Pardo: I will put it over here. Mr. Maxwell: Thank you. 191 May 22, 2003 Ms. Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue, Greenberg Traurig. I'm here today on behalf of the United Way. The property is located at 3150 and 3250 Southwest 3rd Avenue. With me here today -- we have a lot of people; I'm going to go through it quickly -- is Adolfo Henriques, chairman of the United Way, Mr. Harve Mogue, president and CEO (Chief Executive Officer) of the United Way, Cesar Alvarez, my boss and incoming chairman of the United Way, as well as Mr. George Knox and Mr. Richard Fain with the Royal Caribbean. There are many other people here as well, and they'll be speaking later throughout this presentation. We also have a traffic expert with us, Juan Espinosa, with David Plummer & Associates, and Mr. Michael Canon with Integral Realty Resources, who's an appraiser. I just want to give you a little background history. I will be brief. I know we have a lot of people who want to speak, but it's a very important issue, and there are a lot of items that you need to be aware of The United Way building is located at the subject property. It's the Ansin building. When this building was built back in the 1970s, there was -- there were certain variances that were granted, and at the time, a covenant was given, and attached to the covenant was a site plan. It didn't say that you can only have surface parking lots. It just said this is the site plan, and we're attaching it to the covenant, so for that reason, we needed to come before the City Commission in order to amend this site plan so that we could put other structures on the property. All of the land -- and it's very important, is that all of this land is zoned "Office," and there are many uses within the office designation that are allowed as of right, such as, if we wanted to have a post secondary private or public educational facilities, that is allowed in an office district. Also, office buildings themselves are permitted as of right, as well as high-rise residential buildings. In this particular case -- and this item may look familiar to you is because a year ago, in March of 2002, we came before this Commission requesting an amendment to the covenant. This is a copy of the parking structure that was originally located on Southwest 32nd Road, right behind the Ansin building, so originally, we had the six -story parking structure that was located on 32nd across from several of the single-family homes, and we had the Center for Excellence, which is the child care facility, which was to be located on Coral Way, and it was only a four-story building. At that meeting there was a lot of discussion. Several neighbors from the neighborhoods came out and they spoke about it, and there were a lot of objections as far as having this parking structure right on 32nd Road. This Commission approved the item at that time, but you said to United Way, "You have neighbors out there who are not happy with this; we want you to work with them," and at the time, we still needed to go before the Zoning Board and get a special exception approval for the child care facility, so after that meeting, the United Way looked at that plans, and although they had this Commission's approval, they said, "You know what? We want to be good neighbors. We want to work with our neighbors." Let's -- they met with the architects, and they scrapped the old plan, and they said, "Let's start over from scratch. Let's put the parking structure" -- which is the taller building, and it also has offices on top -- "and let's move it to Coral Way, where there are other high-rise buildings," what you see in this aerial photograph, "and let's put the Center for Excellence," which was originally a four- story structure, "let's lower it to only 35 feet," which is the same height that a single-family house could be built, so it's only a two-story structure now with a maximum height of 35 feet, the same that can be allowed for a single-family home, "and let's put that on 32nd Road, so that the neighbors won't look out to a parking structure, but that they will see a two-story structure." We've had many, many, many meetings, over ten meetings with various, three different homeowners associations, with many individual property owners, a lot of property owners on 192 May 22, 2003 32nd Road, as well as 31st, property owners in other parts of the community, because this is a facility that's going to be used by everybody within this community, so we've had many meetings. We have a lot of support for this project. A lot of people in this community think this is going to be an excellent, excellent project. We still have certain neighbors that are not in favor of it, and we still want to work with those neighbors. We've come up with many solutions as different items that we could do, and we're willing to -- we will continue to work with them in trying to solve issues that where they think there were certain problems, and come up with solutions so that we can address any of those issues. At this point in time -- I don't want to take up any more of your time. I'm going to reserve some time in case I need to address some other issues, but I'm going to call Adolfo Henriques up. He's going to go through the item with you, and I forgot one last thing, one very important note. Back in March of this year, we went before the Zoning Board for this special exception. A special exception for more than 20 children in the office district only requires approval by the Zoning Board. At that meeting, the Zoning Board approved the project for up to 140 children, and that item was not appealed, so the special exception approval for the 140 children has been approved and is final at this particular time. At this point, I'll turn the floor over to Adolfo. Adolfo Henriques: Adrienne, thank you very much. Adolfo Henriques, with offices at 2800 Ponce de Leon Boulevard, in Coral Gables. Thank you very much for this opportunity and for this time. I think that Adrienne already reminded you, I've been here before, and Commissioner, that was actually the last time that I was here, and I think I was wearing my same $100 suit. Joe Arriola (City Manager): Oh, yeah. Oh, yeah. Chairman Winton: Yeah. Does that mean we're not supposed to believe anything else you say today? Mr. Henriques: I want to start first by telling you that we heard what you all said to us the last time, so we left here and got together and said, you know, we really ought to rethink where this project is, how we have it situated, where we have the buildings placed, the way that the buildings look, and I want to thank Ana Gelabert and all of her associates at the City because, quite frankly, they were very helpful to us in giving us guidance and making sure that what we came up with was something that would be acceptable and that looked good within the neighborhood. The booklets that are in front of you actually speak a great deal about the Center for Excellence, and I'm just going to touch very briefly on the highlights of them. The Center for Excellence is really a vision that we have for the future of our children in this community. There are tremendous voids in terms of quality -accredited early childhood education facilities here in Miami -Dade. Only six and a half percent of our 1,400 child care centers here in Miami are actually accredited, and research of course is convincingly clear, children who attend higher quality early childhood learning programs achieve much greater success in school, and quite frankly, that is the foundation for their future success. This center is going to be a state-of-the- art early care in education facility that's going to provide opportunities for learning, training, and research to educators, to parents, and to child care professionals throughout the entire community, and then it's also going to provide developmentally appropriate early care in education for up to 140 children. The other structure is a parking garage with some offices on top, and that's going to be fronting on Coral Way. We do care. This is a United Way. We care 193 May 22, 2003 about being good neighbors and we understand the issues. Everything that we have done, we have attempted to do with that forefront in our minds. We've attempted to alleviate street parking, which we heard was a major concern. We wanted to have a neighborhood feel. We wanted to provide more green space. We wanted to offer the highest quality of early childhood education for kids within that neighborhood. We wanted to bring infant care to the immediate neighborhood. We're giving preference to the children of the neighborhood and of the City of Miami, and we want to help create a stronger county for all neighborhoods by elevating the quality of early childhood education in Miami. I think Adrienne already explained some of the changes that we have actually done to make this more palatable, but let me go through them one more time. The six -story structure, which was really like almost five stories, was really sitting in front of the houses. We've moved that structure to Coral Way. We have actually placed a two- story structure now on that site. It is the same height as the maximum allowed for a two-story house within that neighborhood. The parking garage originally looked like a parking garage. Well, now, it looks like -- much more like a residential feel because of the facade that we have given to it. The cost of that, I will share with you, is over three quarters of a million dollars because we also added some additional parking spaces in order to make sure that we don't have any street parking. To address concerns about construction, we're overlapping the construction of the two buildings. That, hopefully, will reduce the construction time, of course, and also any disruptions to the neighborhood, and we're also putting in 24/7 security, and we will be traffic monitoring during peek hours. In response to the street congestion concerns -- well, the reality is that in a high-quality facility of this type, people are not allowed to just drop their kids off. They actually have to bring them inside, so they have to go park and bring the kids inside, and that is going to be part of the contract that we require them to sign in order to bring their kids there. We've had, as Adrienne said, numerous groups, meetings with groups of neighbors and then with individual neighbors, and let me just address some of the things that we heard from them. The first question was that there's no such need for this type of a center in this neighborhood. Well, within our NET area, there are 3,000 children, or more, ages zero to five; there's only 902 existing child care slots. That leaves a lot of kids out of there. Of the nearly 11 early childhood learning centers in our NET area, only two are accredited; nine of them do have infant care, but all of them have waiting lists, and 82 percent of the children in our NET area are either on free or reduced meal programs in public elementary schools. They've expressed a great deal of concern about the lineup of cars on 32nd, and I think that I've already addressed that. People are going to have to park and bring the kids in. There will be no lineup of cars. We did a traffic study -- and I heard your comments on a traffic study a little earlier on -- but quite frankly, this study was based on going to a whole bunch of different child care facilities throughout the entire county, and we counted the number of cars that actually came in during specific time slots, and that is included in your package, but the most severe time is the 15 -minute interval between 8:30 and 8:45, and there's only 26 kids being dropped off during that period of time. There are more than enough spaces inside the parking garage for the parents to drop -- park their cars in there and go drop the kids off, and in 15 minutes, that is not going to present any kind of a problem. We also heard that the Center for Excellence is a school. Well, it's not a school. You're not going to have yellow buses out there. It is really an early learning facility for kids who are six weeks to five years of age. Nobody else. There's not going to be, as I said, that line of parents. There's not going to be a line of buses. This is also not a center that's exclusively for either special needs or underprivileged kids. The center is open to all kids, and the Roads residents are actually going to be given preference and priority; other children from the City of Miami will be given second 194 May 22, 2003 priority. Parents are going to be paying for their kids to attend, and fees are going to be on a sliding scale basis. Construction. As I noted earlier, we're going to build them both at the same time. We have arranged for parking offsite for all of our staff and for the construction workers, and they will be shuttled there, and that's going to happen during the entire construction period. We hired the firm of David Plummer & Associates for traffic engineering to assess the impact. The report that we have that's in front of you, as well, is clearly stating that it is not going to have a negative impact. This is only the addition of another 140 children who are going to be dropped off. This is no more than what we've got there today. Mr. Espinosa, from David Plummer & Associates, is with us here this evening, and he can answer any questions that you have specifically on that. With regards to the other issue that I heard a great deal of was property values, and you know, we had Integral Realty Resources do a neighborhood and home value comparison analysis. That report's also included in your packages. Mr. Canon's report indicates that there is no evidence that there is going to be any type of devaluation of properties. The Miami Roads neighborhood is a stable, mature, urban neighborhood. The value of single-family homes that are located proximate to both Beth David preschool and elementary school, and the Saints Peter and Paul schools are comparable to the single-family homes that are less proximate, quite frankly, to these schools. Property values on these homes have been maintained; they've not increased, and they have increased in tandem with homes that are not proximate to those schools. Michael Canon is also here with us, if you have any direct questions that you would ask of him. Again, I want to reiterate that what we did was exactly what you asked us to do. We went out, we met with the neighbors, we asked them what they needed, we attempted to address all of their needs. Unfortunately, sometimes we find ourselves in a situation where it doesn't matter what you do; some people just say we just don't want it built there. We've tried. We've gone to a huge amount of expense. Believe me, you know what it cost to draft these things. Nobody's doing this for free for us. We have spent an incredible amount of money to get here. We're spending a lot more money to make this the most neighborhood -friendly that we possibly can. I want to again thank you all for the time to be here in front of you and to present this. I think that you all will agree that this Center for Excellence is going to be a real powerful vehicle of change for improving the lives of the children -- of our children here in Miami -Dade County, and I'm asking for your approval of this, and with that, I'm going to call, very briefly, if I may, on three or four of my associates, all of whom have been sworn in right now, and maybe we could start, Richard, with you? Richard Fain: Thank you, Adolfo. Commissioners, my name is Richard Fain, chairman/chief executive officer of Royal Caribbean Cruises Limited. Our offices are at 1050 Caribbean Way, Miami 33132. I'd like to just speak on behalf of this. You've heard Adolfo. You've heard our comments on the very thorough way, I believe, everybody has approached this to try and make sure that we answer all the questions. I'd like to explain why this, I believe, is so important, not just that we've answered all the questions, but why this is so important to our community, and frankly, I'm here wearing sort of three hats. I'm here wearing a hat, obviously, as an individual. I'm wearing a hat as a member of the board of the United Way, but I'd really like to speak on behalf of Royal Caribbean, and why a company would look at something like this and say that this is not only something that we should support, but something that's important to our community. Our -- everybody knows our future is in our children, and we all talk about that. We all do give it a lot of lip service, but the fact is our children in this community have serious problems getting to the kind of childhood education and development opportunities that will be 195 May 22, 2003 key to their success in the future. We have 1,400 day care centers or childhood education centers in Miami -Dade County. Of the 1,400, only about 100 are gold seal accredited, and that's really important in order to make them more than simply places to hold our children, places to look after them, but places to help them develop. This Center for Excellence is not just another learning center. This Center for Excellence is also a key exemplar so that we can use this to help espouse the need for the kind of quality childhood education that will be key to our children's success in the future. I think you've gotten a sense of our commitment to it as a community, from all the recommendations that you've seen. I think they'll be -- Harve will be talking about that in a few minutes. I would just like to reemphasize the importance of this role, not only for the children that it directly serves, but for all the other children that hopefully will benefit from people using this center as an example to be followed. I'd also like to point out that The United Way has been very careful to make sure that it's not only listened to, but it's been responsive to all of the points. You've seen the professional pieces that have gone in, aesthetically, physically, the major change to the structure. In fact, when we went before the Zoning Board, the chairperson of the Zoning Board commented that it was very rare to see an organization exercise such diligence in trying to answer the concerns of the neighbors. I hope you would take all that into account, and I would certainly ask that you support this strongly. Thank you. Chairman Winton: We apparently are in the public hearing portion of this, Mr. Henriques, so -- no, no, go ahead, but I would like to let everyone know that there is a two -minute speaking limit to everyone in the public hearing portion, so those in opposition, we will give you an opportunity, the first couple of people, to speak more than two minutes, as we have the group on the pro side, but I would like to limit the rest of the comments to two minutes, if we could. Unidentified Speaker: We'll make sure -- Chairman Winton: Yes, Commissioner -- I mean, Vice Chairman Teele. Vice Chairman Teele: Mr. Chairman, (INAUDIBLE) a bunch of court reporters here, let me make sure we are saying the same thing. Normally, the opponents are afforded the same amount of block time, without regard to time restrictions, as the proponents, and I just -- in that the attorney -- Chairman Winton: (UNINTELLIGIBLE) question. Vice Chairman Teele: -- has proffered, Mr. Henriques and his -- as a part of their presentation, I think we need to be very careful that we don't limit anyone who wants to speak in opposition until the time has been elapsed that the proponents have had; is that, Mr. Attorney, the way you - Joel Maxwell (Deputy City Attorney): What we normally do, Commissioner, is that we allow the opponents and the applicants to have equal amount of time to present their cases -- Vice Chairman Teele: That's what I meant, equal amount. 196 May 22, 2003 Mr. Maxwell: -- in chief, and then individuals that want to speak subsequent to that are usually the ones that are limited to two minutes in time, so the opponents would have -- the principal opponent, the one speaking on behalf of the other opponents, would have equal amount of time as the applicant had had. Vice Chairman Teele: No. My point is, counsel was very brilliant in ensuring that the people that are speaking now are speaking under her supervision as a part of her case in chief, and I just wanted to make sure that we didn't communicate to anybody that may be here in opposition that their time -- I mean, you know, we got all these court reporters here and I just want to make sure the record is straight. Mr. Maxwell: They're entitled to equal time. Commissioner Sanchez: All right. Unidentified Speaker: If I may -- Chairman Winton: Yes, sir. Unidentified Speaker: George. Unidentified Speaker: Two minutes is impossible. George Knox: I was about to say it. Vice Chairman Teele: (INAUDIBLE) two minutes to say good evening. Mr. Knox: It's wise to remind me. Mr. Chairman and members of the Commission, my name is George Knox. I reside at 3863 Southwest Douglas Road. I appear as a common citizen on behalf of the application. I think it's fair to inform you that I have resided and worked in the City of Miami for more than 30 years. I am embedded in my professional location within the City of Miami's District 2. It was my privilege also to be employed as a professional by the City of Miami for five years, ten months and twelve days, and the beauty of my experience with the City of Miami is that I came to appreciate that the City of Miami has always quested for greatness in the Jeffersonian sense. It was Thomas Jefferson who said that great cities are culture -- are centers for culture, and commerce, and recreation, transportation in later days, and education, and this represents an opportunity, once again, for the City of Miami to be the place where there is a new focus upon high-quality education in a facility that can become a landmark, not only by its location, but by its mission, and we encourage the City Commission to encourage those neighbors who may have well-founded and perhaps not so well-founded fears that they should forbear and appreciate the vision that they are being given an opportunity to share, and we would hope that those who would oppose it would find it in their collective hearts and consciousness to be aware that an effort by one to become a good neighbor should and we hope will be reciprocated so that all of us contribute to the greatness of the City of Miami. Thank you so much, and there are two seconds to spare. 197 May 22, 2003 Unidentified Speaker: Thank you. Chairman Winton: And that's the truth. Commissioner Sanchez: What an elegant speaker. Cesar Alvarez: Thank you. My name is Cesar Alvarez. I have an office at 1221 Brickell Avenue, and I am the CEO (Chief Executive Officer) and president of Greenberg Traurig, Miami. Just to clarify the record, I'm clearly not Adrienne Pardo's boss, I can tell you that for sure. I'm here just basically to be very supportive of this matter, and I will just express it to you slightly different but very much what George Knox said. The reason I became involved in the United Way, the reason I get involved, giving back to the community is like I, like many of you here in this Commission and this audience, came to this country and used facilities, used things that were here, that were built, that were paid for, that were developed by others, and we were really blessed that we had that opportunity, and I think a part of what we have to do is to give back and to create other facilities and other opportunities for those who come after us, to know that we were here and we made an impact. That's the reason I feel so strongly about success (UNINTELLIGIBLE) because I don't know of anything that we could do in our society that would impact more our society than to make sure that children before the age of six got the best chance at life possible, and I think this is what will do, so I'm here very simply to ask not only you and the Commission, but the fellows neighbors to make that extra sacrifice, and do the right thing for that community, and rebuild that community, so that's my appeal to you, but I -- aside from that, the most important part is that if we don't get this done by June 30, when Adolfo leaves, it becomes my issue, and I would really strongly urge you not to allow that to happen. Thank you. Chairman Winton: Thank you. Harve Mogue: Good evening. Harve Mogue, president/CEO of The United Way, doing business at 3250 Southwest 3rd Avenue. In your booklets, there are 128 letters, some from neighborhood associations, most from individuals. I have no intentions of reading them all to you. I would like to highlight two of them, however, and commend all of them to you later, because I think it would be important, but letter one is from a gentleman, Daniel LaBow. Daniel is a Roads resident. He's a member of the board of directors of the Miami Roads Neighborhood Association. He says, "Dear Mr. Mogue, just a note to let you know that it's been my pleasure working with you and The United Way team in a joint effort to reach the most accommodating solutions to our neighbors' concerns and desires. To United Way's credit, the tireless efforts and amply demonstrated good faith extended to the Roads neighborhood community could not have been given more to welcome constructive input and workable solutions for the benefit of all concerned. As a life-long resident of the Roads neighborhood, Miami -Dade County public school teacher, board director, and past president of the Miami Roads Neighborhood Civic Association, I offer my continued support," et cetera. One other letter from Janet Bass. Janet is the director of the Beth David congregation day care -- child care center. It's about half-dozen blocks down Coral Way from where we intend to build. I will not read all of this to you, but she says, "Due to my work at the Gordon School, ECC, I'm familiar with the education needs of the Roads neighborhood, and I'm confident that the proposed United Way Center for Excellence will 198 May 22, 2003 help to address the unmet demand for quality educational institutions in the area. As a result of the revitalization of the Roads, there's been significant increase in the number of young families living in the area. Unfortunately, there has not been a concurrent increase in the number of capacity of existing quality educational facilities. Consequently, many young children in the neighborhood are not receiving the sort of quality preschool education, which their parents wish to provide them with in which recent studies have confirmed is of critical importance," and she goes on. I will tell you that Dave Lawrence and several others were just in Denver, Colorado, where people from around this nation were applauding Miami and our county for its early childhood initiatives, including the recent creation of the Children's Trust, your early childhood initiatives, Healthy Start, and many others. You need to know that presently all of those entities, including the Children's Trust, are all housed here with The United Way. We have gotten past turf issues. We have our volunteers and staff working together, and we have created and will create something that is nationally unique that will serve our neighborhood and our community with absolute excellence. Thank you very much. Juan Espinosa: My name is Juan Espinosa, 1750 Ponce de Leon Boulevard. I'm with David Plummer & Associates. I did the traffic analysis for this project, and I just want to make a brief statement that we look at the level of service for this project and they're within acceptable level for the City of Miami. Vice Chairman Teele: What's the level of service for Coral Gables -- I mean, for Coral -- Mr. Espinosa: I believe it's level service D, I believe. Chairman Winton: We probably don't have anything in the City of Miami that's better than "D." OK. Any other -- Commissioner Sanchez: Mr. Chairman, I'll reserve all my questions until after both sides -- Chairman Winton: Great. Commissioner Sanchez: -- have stated their case. Chairman Winton: Thank you. Michael Canon: My name is Michael Canon. I'm managing director of Integral Realty Resources, and we were asked by Adrienne Pardo to perform a housing study and demographic analysis of the neighborhoods surrounding the caption property. The report was prepared on a pro bono basis on behalf of The United Way. We reviewed Beth David Preschool Elementary and Saints Peter and Paul Elementary School, and within a total one -mile radius of each one of the facilities and the proposed Center for Excellence, a preschool, there's 5,511 children between the ages of zero and four, according to the latest census. All three neighborhoods are viewed very similar. They're probably one of the most stable neighborhoods that I have seen in the urban area of Miami. For over the last ten years, only 300 homes sold. Most of the properties are upgraded, well maintained, and of moderate price class, ranging in the low 100s to the mid 200, 250,000 price point. Population demographics of the households are very similar in all 199 May 22, 2003 three neighborhoods. I inspected the properties, and the report that you have before you took various photographs and aerials, as well as ground photographs so you can see the similarity of the properties there. As far as the compatibility of a day school and its location, we found no negative impact of homes that are proximate to the day care school at Beth David Preschool Elementary, nor at Saints Peter and Paul. That meaning that the homes are that are across the street from these facilities have not -- do not show any deterioration, no for sale signs, and are very -- are -- that appear to be comparable. In conclusion, our report does conclude that this is an amenity that will probably assist and appreciate the homes in the neighborhood for there is that -- such demand, and it's considered a complimentary use and amenity to the surrounding neighborhoods up all three. Thank you very much. Chairman Winton: Thank you. Mr. Canon: I'll be happy to answer any questions. Chairman Winton: Adrienne, anyone else? Ms. Pardo: No. I'd just like to state on the record that I did put an extra copy of Mr. Canon's report over here, so if anybody from the public would like to read it, it is available. At this point in time, I would just like to reserve time for rebuttal, and I can just address any of the issues that may be brought up or any questions that you may have. Chairman Winton: OK, so opposition to this application. Is there counsel for the opposition, or is it just neighborhood opposition? Ms. Pardo: I think it's just neighborhood. I don't know. Chairman Winton: Well, it doesn't appear to be counsel coming up, so if there is not counsel coming forward in opposition to this, Mr. City Attorney, what's the process then? Mr. Maxwell: Anyone who would like -- who would want to speak in opposition to it. Chairman Winton: So a public hearing? Mr. Maxwell: Yes, sir. Chairman Winton: OK. Ms. Pardo: Could we also just add anybody who would also like to speak in favor as well -- Chairman Winton: Well, we're going to have a public hearing -- Ms. Pardo: -- that were not part of my case, but -- Chairman Winton: -- so you -- 200 May 22, 2003 Ms. Pardo: -- they may be people from the public here, as well. Mr. Maxwell: I think the -- Chairman Winton: Yes. Mr. Maxwell: -- Chair already asked if anyone else wanted to speak in favor. Chairman Winton: No. Actually, I did not. Mr. Maxwell: No. Chairman Winton: -- because this was all testimony that was directed by counsel, and so we didn't have the public hearing portion. I was about to open the public -- Mr. Maxwell: OK. Chairman Winton: -- hearing portion -- Mr. Maxwell: I stand corrected, sir. Chairman Winton: -- so that we could hear both sides. Ms. Pardo: And I just like to say, we're not going to have everybody speak, but we have a lot of people here wearing the gold buttons in support of The United Way. We will not ask them all to stand up and speak -- Chairman Winton: That would be great. Ms. Pardo: -- but they did come out, and they are in support, and we just wanted to recognize them and thank them very much. Chairman Winton: OK, thank you. We're opening the public hearing portion of this, and we will limit all comments to -- I am allowed to do that now, is that not correct, Mr. City Attorney, so all speakers, we would like you to limit your comments to two minutes, number one, and number two, there's a lot of other agenda items we have to get through, so we would appreciate it if we didn't have a lot of repetition. Mariano Cruz: Yeah. Chairman Winton: You're on. Mr. Cruz: I wanted two minutes. Mariano Cruz, 1227 Northwest 26th Street. I am not either for or against. Actually, I worked under The United Way in the `70 s when I was working in the Little Havana Activity Centers, and I contribute to (UNINTELLIGIBLE) federal campaign, so I contribute to The United Way, but I am here as a taxpayer of the City, and I see more and more 201 May 22, 2003 and more institutions (UNINTELLIGIBLE) coming to the City and all that, and I know United Way and the building will be paying electricity and water, but will they be paying for the municipal service they receive? No. That's what I want to remind you, because everyday we see an increase of the amount of the percentage of property that's not paying tax in the City, and people live way out there and they work in the City, and I don't know if that also -- that surtax or the parking garage is on the (UNINTELLIGIBLE), but we need money, but that's why I am for One Miami because I -- the only thing in downtown Miami the few years back, besides federal courts, I don't pay any taxes that's going to pay taxes to the City. Thank you. Chairman Winton: Thank you. Anyone else from the public would like to speak on PZ.5? If you're interested in speaking on PZ.5, would you all please come to either podium? Those of you who want to speak, come to the pod -- both podiums, line up, and we'll pick you up one at a time, so feel free. Don't sit in your seats. Everyone who wants to speak on PZ.5, please come forward and get in line at one or the other of these podiums. Sir, you were first. Luis Herrera: My name is Luis Herrera. I live in 1181 Southwest 22nd Terrace. I represent the Vizcaya Homeowners Association and the neighborhood. First of all, I want to ask you, all the Commission here, what is the right of the owner they have to protect their own property? I want an answer. What kind of right we have? Chairman Winton: I don't understand the question, but it's -- Mr. Herrera: OK. Chairman Winton: -- but you have an opportunity to speak for two minutes, and it's the public hearing portion. I don't think we're going to get into a debate about these issues until everyone from the public has spoken their two minutes. Mr. Herrera: OK. We have two minutes, and you limit this gentleman here more time than two minutes to speak, so I -- at least, I think I have the same opportunity the same way. Chairman Winton: Well -- but we're not going to have -- Commissioner Sanchez: Sir, you're entitled to it. Chairman Winton: -- a debate. Mr. Herrera: OK. Chairman Winton: We're not asking questions. We're getting -- Mr. Herrera: OK. Chairman Winton: You can make -- Mr. Herrera: All right. 202 May 22, 2003 Chairman Winton: -- whatever comment you want. Mr. Herrera: All right. I go to the point then. All right. Ms. Pardo or Mr. Pardo, the suspended hearing -- zoning hearing in 2/24, February 24, and then today, I read in the agenda, and she have March 24, going to the Zoning Board -- Zoning Board hearing, and they say approving the project, and they never telling the owners to go to this meeting, and everybody go to the meeting, so they suspended -- they never -- in the second one, they never sent nothing to us, so I like to have an investigation why they do that. It's something wrong here that I don't like it, and I think that everybody, they're supposed to have the right to speak in a Zoning Board, and they already approve, right here. Another thing, right away, I like to give it to you, a letter that this Commission approved by conserve the neighborhood (UNINTELLIGIBLE) -- Chairman Winton: Joe, hand -- Mr. Herrera: -- and the signatures. Chairman Winton: Joe, give yours to the City Attorney, would you? Mr. Herrera: -- and the signatures of the people. Mr. Maxwell: Sir, your comments have to be on the microphone. Chairman Winton: He's not making any comments, yet. Mr. Maxwell: Make sure you give a copy to Ms. Pardo. Ms. Pardo: Thank you. Mr. Herrera: In this conserving district, I write it down in there by -- mark it down, and they trying to protect our neighborhood, conserve it like a residential, and they come to build some buildings that we don't want it, and you have a letter in the back, what we protesting, and you got all the signatures the neighborhood that they don't want that. We don't have against nothing of the project about the kids. What he doing to the kid is wonderful. What we want to is the construction, they can put it in Watson Island; there is good place in there. They can build whatever they want, office, whatever, but in this area, it's too small, and we going to lose the value of the property. Who going to pay for? They say they never -- the value will change. The value change a lot, so we need the support of you people, the Commissioners. We don't have no lawyers right now, right here, and we support -- we work for you people. We agree to you supporting the owners' houses, and that's why we vote for you, and you sit down in there because we vote for you, and like Mr. Sanchez, and you propaganda when you go there, they say for the community, right here, and that's what we need from you people for the community. We are the community. Thank you very much. Chairman Winton: Thank you. Yes, sir. 203 May 22, 2003 Julian Serrano: Good afternoon. My name is Dr. Julian Serrano. My mother used to -- sorry. I used to -- Chairman Winton: Address. Mr. Serrano: -- live on 321 Southwest 32nd Road, in front of United Way Building. I am an expert in early childhood education. I work for the National Credential program, and I do have a concern. Chairman Winton: What is your address now, sir? Mr. Serrano: 2601 57th Avenue. Chairman Winton: Thank you. Mr. Serrano: We just moved there. It is a traffic party. We're going to have 143 cars coming in, coming out in front of our neighborhoods, plus the teachers, plus educators, plus the visitors. Imagine you, in front of your house, having over 200 cars in the morning and in the afternoon coming in and out. The study is fine, and I am not questioning United Way, not even child care needs; that's beyond the point. The point is, how many of us would like to have those people in front of your house every single day? I'm totally opposed on having that entrance in that area. Thank you. Chairman Winton: Thank you. Yes, ma'am. Carolina Perez: My name is Carolina Perez. I live at 520 Southwest 29th Road, and I real am concerned with this project because for sure, it's going to bring problems to our neighborhood. First, this is not the first time that things like this are happening. For the last 15 year, Adrienne Pardo has been working in this project against our neighborhood, our interest. That's nothing new, and I talk to her a few year -- a few weeks ago in a meeting that we had at United Way. They have had many meetings, and they have had meetings with other association and we -- people who live away and that are going to get benefit from that, either for work, for job, or for whatever. The thing is that the principal importance of this school should be for the children, and there are too many areas in Miami that should need improvement, and this is not a good idea to destroy a good neighborhood that had been maintained through the years that is the oldest in Miami, or if not the oldest, one of the older one, should be kept assist with something that give benefit, not destroy the neighborhood. About the price that they -- that one of the person is spoke about the houses in the neighborhood that said that the price range from 100,000 to 200,000. This might be in his idea, because the house across my house that was sold -- recently was sold by 650,000, more or less, and have been -- there had been putting more money on improvement to the house, so this is not correct. Something else. We were present at the meeting in the Manuel Artime Theater for the planning Commission on February 21. It was cancelled because there were too many people opposing the agenda item, and now they made another one on March 24. We were not informed of that, so they are cooking something out without us because they know that we had the opposition from the neighborhood. We all are not here because it's impossible to come at this time with children, with jobs, and with everything, but there are a lot 204 May 22, 2003 of people here that are against the project, and also, in a recent meeting that they have at United Way, people who does not belong to the Miami Road Association are not admitted for consideration. We were admitted once, but then we were told that if we are not member, we are not admitted, and by the way, we are not member because they are never in favor with us. They are always opposing our desires. Commissioner Sanchez: Who is that? Ms. Perez: The Miami Roads Association, Joe Wilkins is there, so I am talking something that it happen. Something else. For everybody's known -- because I read that in the paper -- that Mr. Arriola is a benefactor of United Way. They are very confident that they are going to have an approval— Chairman Winton: Or he doesn't -- Ms. Perez: -- because the United Way is a good project. I said that it's a good idea -- Chairman Winton: He doesn't -- Ms. Perez: -- but I think that it doesn't belong in the neighborhood. Chairman Winton: He doesn't get a vote. Ms. Perez: Well, I don't know. Chairman Winton: Joe Arriola does not -- Ms. Perez: I think that they have a lot of money, while we don't have that much money. Chairman Winton: Well, I'm just telling you, the City Manager does not get a vote. This Commission -- Ms. Perez: No, no. I know. I am not talking about that. I mean that they have a lot of money because -- well, anyway, the thing is that this thing had been happening in the neighborhood for many years with the Vizcatran project, with the Museum, with the station that they want to put a Burger King in the corner of the Five Points, many things that we have been opposing because it really doesn't reflect in the best benefit for the neighbors, and I would suggest that you make a study. Instead of approving whatever now, find out why they had the meeting on March 24 without notifying anybody. I think that this is something illegal. Chairman Winton: Thank you. Ms. Perez: Thank you. Chairman Winton: Thank you. Yes, sir. 205 May 22, 2003 Ross Graham: My name is Ross Varsity Graham. I live at 335 Southwest 31st Road, within 500 feet of the area. I approve wholeheartedly of having wonderful day care centers and education for children in the City of Miami. We need this. There's no question about it, and I think that if the -- I think that the results of the study sounds wonderful, but I think that -- the results of the studies versus reality are not always the same thing, and I can tell you that in my -- on my block, on 31st Road, it's a different kind of part of the Roads neighborhood. I don't think that it should be considered the same as the areas of Saints Peter and Paul, the parish where I'm active, and -- or Beth David because the roads in that area -- in those areas are wider, wider roads, OK. They've -- they have medians, and our blocks, they're very, very narrow. We also have a lot of traffic stopping right down at the Five Points, which is at the intersection with 12th Avenue. When the light turns red in the evening rush hour, traffic immediately stops three blocks. I mean, that's the way it is. I know. I walk my dog every evening, and if you're out in the Roads, you've seen me there doing it. We cannot afford one more car, and as it is right now, people that are going into The United Way, or it -- maybe they're not working there. Maybe they're going in to do business, they're vendors; I don't know what, but I see people parking in front of my house and in front of all of -- on the street all around our -- the adjacent blocks, so I just don't believe that this day care center will not have impact on traffic. That's my biggest concern. The other things that come along with it scare me as well. Commissioner Sanchez: Sir, I'm sorry. Mr. Graham: Yes. Commissioner Sanchez: It will or it will not? Mr. Graham: I believe that it will. Commissioner Sanchez: It will. Mr. Graham: It will -- I don't believe that the studies -- how the studies say that they will not be impact on our traffic, that's what I meant to say. Chairman Winton: Madam -- Mr. Graham: All right. Chairman Winton: Your -- sir, your two minutes are up. Mr. Graham: OK. May I just -- Chairman Winton: In fact, well up. Mr. Graham: -- say one more thing, please? Chairman Winton: Yes. 206 May 22, 2003 Mr. Graham: I just also -- I, and I know our neighbors -- I believe I can speak for them -- we recent being made to feel like we're not doing the right thing because we're not supporting this. We approve of this, but just please, we don't have the space. Thank you very much. Chairman Winton: Yes. Mr. Ross, hold on. Mr. Graham: Yes. Vice Chairman Teele: What time do you walk your dog? Mr. Graham: I walk my dog at 5 o'clock. Vice Chairman Teele: In the afternoon? Mr. Graham: Yes. Vice Chairman Teele: What kind of dog? Mr. Graham: I have two dogs actually; one is a -- they're both mutts really, yeah. Chairman Winton: Thank you. Madam Clerk -- Mr. Graham: Thank you. Chairman Winton: OK. Would you guys -- who is running the clock? Get some assistance. Commissioner Sanchez: (UNINTELLIGIBLE). Chairman Winton: I know, but it doesn't -- it's not consistent, so get help, please. Ms. Thompson: Since they were running over two minutes, I have it counting now, beginning -- Chairman Winton: OK -- Ms. Thompson: -- zero and up. Chairman Winton: -- and we're going to -- the two -minute limit is going to be enforced, so I will interrupt you from this point on with -- at the two minutes. Yes, ma'am. Lourdes de la Pena: Hi. Chairman Winton: Hi. Ms. de la Pena: How are you? Thank you so much for your time. I just want to let you know, I'm a mother of three. I've got a three-year-old, a year and a half, and I have a four -month-old baby, and as a mother of three living in the Roads area, I believe that we need schools like this. 207 May 22, 2003 When I was looking around for schools, the only school that was fit for my daughters to go to school, which I'm very big on education, was Beth David. The list in Beth David to get accepted into school is tremendous. I had to register my daughter when she was three months old. I think that the City is responsible to provide good schools to children. You're approving lots of development in the area. There are going to be many parents, like myself, concerned about their children's education, and we need good schools. First thing I asked is, what kind of school, who's backing this up? I find myself to know a little bit more than I did when I was not a parent about the education, and I think this is going to be a wonderful school. I'm only sad to know that it might not be up in time for my children to be able to benefit from it, so I would ask that you all please approve this for future parents, so that they have an option of where to send their children. They don't have to worry when their child is three months old to register them in a school. Chairman Winton: Thank you. Ms. De la Pena: You're welcome. Chairman Winton: Yes, ma'am. Erne Serrano (as translated by official Spanish interpreter Ondina Suarez): My name is Erme Serrano. I live at 321 Southwest -- Chairman Winton: Where's the other mike? Ms. Serrano: -- 32nd Road, Miami, Florida. OK, and I'm here to oppose the project for the people for Better Way [sic], not exactly to what they're going to be doing between Coral Way and 31st and 32nd Road. That's their land. In there, they can do whatever they like to do, or whatever the law allows them to do there, but I believe that right across from my house they want to build their project to two schools. I believe that's a little bit too much. They're not going to leave us even room for oxygen. The streets are very narrow, and that's going to create a lot of traffic. I'm very sorry about this because I know the people from Better Way [sic] are the kind of people that help a lot of people in a lot of ways, and I know this, but unfortunately, my belief, they're at the wrong place at this time. I oppose it. I will oppose it, along with my neighbors, as long as it is possible. Thank you. Chairman Winton: Thank you. Anyone else from the public would like to speak -- Commissioner Sanchez: Rebuttal of the -- Chairman Winton: -- on this item? Anyone else? We will then close the public hearing. Mr. City Attorney, counsel reserved time to -- Commissioner Sanchez: Rebuttal. Chairman Winton: Is this thing working? Mr. Maxwell: And did she -- that's what I was about to -- 208 May 22, 2003 Chairman Winton: -- but isn't that generally reserved for the professional opponent? I mean, there was know professional opponent here -- Mr. Maxwell: There was no case in chief at this particular point. Chairman Winton: --so -- Mr. Maxwell: There's nothing to rebut. Well, no, that's not true. She can rebut statements of the general public because they can be found to be -- to constitute competent evidence, so I would suggest to you that you allow her, if she desires to, short rebuttal. Chairman Winton: Short. Mr. Maxwell: Yes, sir. Ms. Pardo: I would just like to say that the new structure will alleviate the parking. That's the purpose that United Way wanted to build a parking structure, so that they could have a place for a lot more of their cars to be parked. Also, with regards to the property values, we had submitted testimony, and we looked at other schools within the area, and there has been no decrease in property values because you have other schools, and most importantly, everywhere in the City of Miami -- and it's under tab, I want to say -- tab five in your book -- there's a list of various zoning atlas maps, and it shows you that all the schools in the City, the majority of them, are actually located in single-family neighborhoods. This is where schools and a child care facility would be. In this case, we're not even in a single-family; we're in an area that is zoned office, and it's extremely important. It's on the fringe. It's on a major arterial road, and also if you'd like to hear for rebuttal, Mr. Espinosa can speak to the fact that if an office building was built there, which it's entitled as of right under the "office," it would generate more traffic, and lastly, I would just like to point out that with regards to The United Way's existing building and their parking lot, all the traffic right now goes down 32nd Road, but with the proposed building, there will be an entrance from 31 st so that the cars can come right in from Coral Way, go into the parking garage, and then go out. Chairman Winton: Is that it? Ms. Pardo: Yes. Could I do -- Chairman Winton: Yes. Ms. Pardo: One last thing. With regards to the Zoning Board meeting, there had been a request from the Roads Association that we ask for a deferral from the February meeting because they wanted more time to meet with us, which we agreed to and we did, and at that meeting, the Zoning Board continued it until March 24 -- Commissioner Sanchez: Mr. Chairman. 209 May 22, 2003 Ms. Pardo: -- the proper procedure, like they always do. Commissioner Sanchez: There are quite a few questions that need to be answered for the record, and that was one, because it was something that was brought up by the residents. Chairman Winton: Well, let me finish the public hearing part, unless you have a direct question for her, OK? Commissioner Sanchez: No, I -- go ahead, and then I'll reserve five minutes. Chairman Winton: Are you finished now, (UNINTELLIGIBLE) -- Ms. Pardo: Yes. Chairman Winton: -- and he can ask you questions yet, so -- Ms. Pardo: Absolutely. Chairman Winton: -- do we have anyone else from the public who wants to speak on this issue? If not, we'll close the public hearing portion, and that's a rebuttal, and I guess Commissioner Sanchez, it's yours. Commissioner Sanchez: Thank you, Mr. Chairman. That was one of the questions that needed to be answered. Some of the residents have concerns with the parking, and I think we need to be very concerned. They're very concerned with that, and we need to address that, so on the parking issue, parents are required to park to drop off their children. Will there be sufficient parking to make sure that people aren't parking on the streets, violating right-of-ways, or parking in people's driveway, which is an ongoing problem throughout the entire city, especially with the school, so you know, we need to address all those issues because it's something that continues to come up, and we need to answer that. Mr. Mogue: United Way is committing a lot of money to build a very large garage that will be -- that's free on the first two floors for people to park in; will not be used for the average parker, so that we will have more than ample number of spots for people to park in, both in the morning, in the evening. We will also have a guard to ensure that people do park in the garage, and parents will sign a contract when they enter their child. If they're unwilling to abide by the contract, they will not have their child in the center. It's as simple as that. Commissioner Sanchez: And that is paramount here, that there are no drop-offs. In other words, you cannot park on 32nd, or you can't park on 31st, or you can park across the street on 12th Avenue, on any of these side roads to drop off your child and walk them across -- Mr. Mogue: Use the parking garage. Mr. Maxwell: Your name again, for the record. 210 May 22, 2003 Mr. Mogue: Harve Mogue, president of The United Way. Commissioner Sanchez: -- so, we need to have that on the record, that's correct, there will be none of that. Ms. Pardo: Correct, and there's also a security guard, 24-hour, who will be placed out there during drop-off times, so if anybody violates it, he will be able to tell them they need to go to the garage, and he'd also be able to mark it down so that appropriate action could be taken. Commissioner Sanchez: One important issue that was discussed the last time that you were in front of this legislative body was the priority given to "A," the Roads residents, "B," residents of the City of Miami to participate in the Center for Excellence -- Mr. Mogue: That's correct. Commissioner Sanchez: -- is that -- and that is in writing -- Ms. Pardo: That's correct. Commissioner Sanchez: -- and will be in writing? Mr. Mogue: Absolutely. Ms. Pardo: Actually, it's in your book. I'll find you the page. Commissioner Sanchez: And the other issue that was asked that was very valid and a concern was, would the property values decrease? You stated and you brought an expert to testify saying that it would not. Ms. Pardo: Correct. Mr. Maxwell: Excuse me. Commissioner, I'm sorry, sir. When you answered the Commissioner's first question a moment ago, you nodded your head. Mr. Mogue: I'm sorry. Mr. Maxwell: Would you please answer verbally. That was a question -- Mr. Mogue: Which -- Mr. Maxwell: -- regarding the students. There was a two-part question; one you answered, and the first part, you just nodded your head to. Mr. Mogue: About the students -- Mr. Maxwell: The priority given to students. 211 May 22, 2003 Mr. Mogue: Yes, there will be a priority given to students from the Roads area first, the City of Miami second. Commissioner Sanchez: And another question that was brought that alarmed me was, the lady who lives on 32nd Avenue stated that there are two schools. We need to address that issue, that there's only one school, so she needs to understand that. Ms. Pardo: One school. Mr. Mogue: There's only one center, and it's actually not really a school, at all. Commissioner Sanchez: OK. One of the concerns that was also expressed was that, you know, we have -- across the street there's "Liga Contra el Cancer," which also generates traffic. Across the street you have the Opera House; that also generates some traffic. Your parking lot that you're building -- and I also want to get to that because it's very important to state that and I'll get to that. The parking that you are building or developing on Coral Way has sufficient parking for all your staff. In other words, people will not be parking on side roads, and blocking driveway, on people's yards. Ms. Pardo: It has additional parking than that which is required. It's required to have 255 parking spaces, and there will be 279, and I'd just like to add, too, that some of those parking spaces were based on the new building and the number of staff that would be required per square foot, and there's actually existing staff people in the Ansin building that would be working there, so it wouldn't be creating as many additional people, but we will have more parking than what is required by Code, and currently, the property has less parking because it was built so many years ago. It was built under a different zoning ordinance. Commissioner Sanchez: The buffer from the school onto 32nd Avenue, would they have sufficient buffer for noise pertaining to the children playing outside in your -- Mr. Mogue: The predominant playground area is actually to the 12th Street side of the building - Commissioner Sanchez: OK -- Mr. Mogue: -- 12th Avenue side of the building. Commissioner Sanchez: -- but they'll be sufficient buffer to alleviate -- Ms. Pardo: Right. Commissioner Sanchez: -- the noise of children playing and stuff? Ms. Pardo: There's no playground off of 32nd Road. 212 May 22, 2003 Commissioner Sanchez: OK. Now, in this modification to the declaration of restriction, which is the covenant, which is basically you're modifying the site plan. Ms. Pardo: Correct, just the site plan. Commissioner Sanchez: I want to make this very clear to the residents, this modification benefits the residents along 32nd Road, and I'll tell you why it benefits you. One is, if you look at Coral Way, the site that the parking lot exist now, you could have another Masarot (phonetic) built there that would generate more traffic, that would generate more problems for the area, if we did not modify this. You would have on 32nd and 12th there, you would have the parking lot, which is a seven -story -- how big is the parking lot? Ms. Pardo: The proposed parking lot on Coral Way is eight stories. Commissioner Sanchez: Right, eight stories along that residential area there, so that would have more of a negative impact than the school, which is only two, and all the concerns that the neighbors have, I really respect them for it because they're looking out for their property. You know, they're looking out for their neighborhood, but no -- everybody knows here that The United Way doesn't want to come into a neighborhood and bring a service and be the skunk at the family picnic. They want to be able to get along with everybody and have a service that could be used by everyone, so I think that you -- The United Way has acted in very good faith, meeting with all the residents. I don't know exactly how some of the concerns have been brought because people have tried to contact me and the first thing I say that, under the Jennings Rule, we cannot talk about the issue, and that's very important, and some people get offended. When they come talk to you about the issue and you go, "Well, I really can't talk to you about it because we're protected under the Jennings Rule, and both sides -- neither sides can approach me and talk about the issue, but if you look at this, a modification of plan, it really benefits the area as to the other impact that it could have, and if you look at -- you know, I'm in a position where, yes, I'm elected by the residents of the Roads in a district that I love very dearly, but I think that times you have to do what's leadership correct and not politically correct, and this institution, which is a great institution, provides a service, and we've been able to work out conditions where I think the entire City of Miami will benefit from these conditions that we've set forth, so I know that some people are going to say, "Well, we don't want them there;" that's my right or my position to take, and there's other that support it, but at the end of the day, I think that this project will have the least impact to the area, and we're going to have an institution providing a great service to the entire residents of the City of Miami, so I just wanted to make that clear, because you know, we're in a position where we vote, and in many cases, it's 50/50, and you've got to do what's right for this community, so I am prepared -- and you know, I'll probably be criticized for it, but that's the beauty of democracy -- to make the motion to accept the covenant. Chairman Winton: We have a motion. Need a second. Commissioner Gonzalez: I'll second the motion. Chairman Winton: We have a motion and a second. Discussion. Any other discussion on this item? Is this a resolution? 213 May 22, 2003 Commissioner Gonzalez: And if you allow me, Mr. Chairman. Chairman Winton: Yes, sir. Commissioner Gonzalez: This is a typical case, you know. United Way is providing a great service to our community for many, many, many years, and people praise United Way, but it's the same thing over and over and over: "They do a great job, they're very good, they're very nice, I love them, but I don't want them in my neighborhood," and that is the same case with Camillus House, you know: "They're great, they're doing a hell of a j ob, and they're helping a lot of people, and they do a lot for the poor homeless, but please don't bring them to my neighborhood." You know, they just put them in Gonzalez neighborhood, so you know -- so -- Chairman Winton: Well put. Commissioner Gonzalez: -- but I'm proud to second the motion, and I know -- and I believe that the statement that was done in reference to the City Manager was kind of improper. Commissioner Sanchez: Mr. Chairman, the motion is to modify the covenant. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I, too, join in the statement by Commissioner Gonzalez, and I want to associate myself with the statement of Commissioner Sanchez, who said there are sometimes you have to do what is right for the City and not necessarily what is politically right, and I'm happy that I'm not given the speech that was given to me by Commissioner Sanchez, when he said, "I don't know why you're doing it in your district, Teele; I'd never do it in mine." The fact of the matter is, this is the right thing to do, and the subject matter of that discussion was the Camillus House, but one of the things that I don't want to just put maybe as a pregnant statement to Mr. Mogue, or Harve Mogue, whom I have the greatest regard for -- let me back up just one minute. This -- the statistics of six and a half percent of the early education facility being fully gold seal or -- that's a staggering statistic, and I would hope that the County, that has responsibility for certifying and monitoring day cares -- because it really does get to one of the issues I know that our Manager, our administrator has been dealing with, and that's the whole education issue, and this thing starts right with these early facilities. That's a staggering and alarming statistic, but in developing a center of excellence -- and I note the beautiful -- although, I don't think any women spoke from the community. I know you had (UNINTELLIGIBLE) -- but I do note the beautiful diversity that The United Way represents, and you have with us in this audience today, and I commend you on the diversity, both of racial and gender. We need to be careful that we don't create an elitist standard, and all the things that you're saying to get the community support, I swallowed very hard because I'm thinking about that mother who uses the transit system, and how does she get her child in this system. I'm thinking about people who don't have cars. There's almost a concept -- I mean, it sounds beautiful to bring your child in, and you've got to sign a covenant, and that, but I would urge you to consider an affirmative way to make 214 May 22, 2003 provisions for the poorest of the poor in this community who need this service most, and who these centers of excellence will benefit, because many parents cannot sign an agreement to bring the child in as we would hope because of the circumstances of their work. Adolfo, if you'd like to just briefly respond to that, I'd welcome it, because I don't want to leave something on the record that's unchallenged? Mr. Henriques: Yeah, if I may. What I was actually referring -- Chairman Winton: We need your -- Mr. Henriques: Adolfo Henriques, 2800 Ponce de Leon Boulevard. Pardon? Chairman Winton: Where (INAUDIBLE) -- Ponce de Leon Boulevard where? Mr. Henriques: Coral Gables. Chairman Winton: OK. He used to be in the City of Miami until he abandoned us. Mr. Henriques: I still have many offices in the City of Miami -- Vice Chairman Teele: Still pay a lot of taxes here. Mr. Henriques: -- and pay a lot of taxes. Chairman Winton: Not merely the same amount. Commissioner Sanchez: That's all that matters. Mr. Henriques: What I was really referring to is that there was a statement that had been made that all we were going to do there was provide child care for indigents. That was not -- that's not the case, but that doesn't mean that we will not provide child care for everyone. We will provide child care for everyone. The other part of it is that you don't have to own a car. It is that you cannot drive by in a car and drop the child off. You actually would have -- if you come in a car, you have to get off, but if you come in a bus, you get off the bus and you bring the child inside, or if you get there by any other means of public transportation, you bring them inside. Commissioner, we are -- this is not about being elitist, at all. This is about providing the best possible service to everyone in our community, and to train people who are going to be providing it in other areas, not just of this community. Hopefully, this will become a national model. Vice Chairman Teele: I'm glad I gave you an opportunity to clarify that on the record -- Mr. Henriques: Thank you. Vice Chairman Teele: -- but I, too, am very concerned about the concerns that the neighbor said -- have expressed today, and I think this plan is a lot better than the previous plan, and I'm 215 May 22, 2003 encouraged. I would -- in voting in support of the motion, I would encourage you to continue your good neighbor outreach, as you've shown, and maybe an annual community coming together would be a nice thing, but I think it's going to take some time, and I would certainly hope that you would comply with all of the -- with the conditions, because if the matter comes back before the Commission, I will not be in support -- Commissioner Sanchez: He better. Vice Chairman Teele: Sir? Commissioner Sanchez: He better. Vice Chairman Teele: -- because I think it's very important that we keep face with the neighbors because the neighbors have raised some questions. I just think the project that is before us today is so much more improved. I'm noting specifically reducing from four stories to two stories, and all the things that are in the record, and I just want to encourage the neighbors to maintain an open dialogue with you all, and try to work this out as we go down. Thank you. Mr. Henriques: Thank you. Chairman Winton: Commissioner Regalado, anything you want to say? Commissioner Regalado: I just have a question because I know the area, and of course, it's very well represented by Commissioner Sanchez, and there is a lot of gridlock there on the Five Corners, but my question is more about the numbers of children. Where are they coming from? Are they coming from -- Ms. Pardo: Where are the children coming from? Commissioner Regalado: -- the City of Miami itself or anywhere? Ms. Pardo: The center will be opened -- first preference will be given to the Roads neighborhood children, second preference will be given to City of Miami children, and then it will also be open to other children within this community, and as Adolfo had mentioned, that the Center for Excellence will be -- certain people will be paying. It won't be a free preschool or center for excellence, but there will be a sliding scale, and so people with pay to attend -- for their children to attend. Mr. Henriques: But Commissioner, the need that exists with the number of residents and the number of children that there are in that community is huge. Already within that community, quite frankly, my expectation is that we were going to immediately have a waiting list for that facility, but in order for it to really be a true center for excellence, a teaching center for excellence, because it's about teaching professionals how to do this, how to care for kids in other facilities; they will be coming there to observe what we're doing. We cannot go beyond 140 children. We have got to maintain it at that number. 216 May 22, 2003 Commissioner Regalado: No, but I -- the question is, where are they coming from? Mr. Henriques: Primary -- my expectation is that primarily they will be coming from the local neighborhood, and then from the City of Miami. If you -- if -- the number of kids in the City of Miami that already have -- are on waiting lists for day care facilities is enormous. Chairman Winton: Yeah, they're not coming from anywhere yet, because they're not open until - Commissioner Regalado: So -- Mr. Henriques: There you -- Commissioner Regalado: -- saying is that you can absorb the waiting list of any other agency who has a waiting list? Mr. Henriques: No, no. My -- we probably cannot. Commissioner Regalado: Why not? Mr. Henriques: Because there are such huge waiting lists already in place. Commissioner Regalado: But my question is, where are they coming from, that waiting list that you have, is it from Miami? Mr. Henriques: The two waiting lists that I -- no, we don't have a waiting list. Commissioner Regalado: You don't have a waiting list -- Mr. Henriques: I'm saying that there are facilities -- Commissioner Regalado: -- so we can send you a waiting list. For instance, Centro Mater, example, can send you their waiting list. Mr. Henriques: Absolutely. Chairman Winton: That's City of Miami, so that -- it has to be -- Commissioner Regalado: That's what I'm saying. Chairman Winton: -- I guess that's consistent. Commissioner Regalado: I'm saying about City of Miami, because you see -- Mr. Henriques: I will tell you, though -- and I'm very familiar with the Centro Mater because we volunteer there, my kids volunteer there -- 217 May 22, 2003 Commissioner Regalado: That's an example. Just an example, as many -- Mr. Henriques: -- and many of the kids who are served at Centro Mater come from way outside of the City of Miami. Chairman Winton: Anything else? Commissioner Regalado: No, I don't have -- Chairman Winton: Time is moving. OK. We have a motion and a second. Do we have further discussion on this item? Being none, all in favor, "aye." Commissioner Regalado: No. Chairman Winton: Like -- Commissioner Regalado: One no. Chairman Winton: One no, so it's -- so we have four yeses, one no. Mr. Maxwell: Commissioner, Mr. Chairman. Chairman Winton: Yes. Mr. Maxwell: There was a division. I would suggest a roll call vote, please. Commissioner Sanchez: Roll call vote. Chairman Winton: Didn't we just vote? Commissioner Sanchez: Madam Clerk. Chairman Winton: I mean, did -- Mr. Maxwell: Because of the division. Chairman Winton: Madam Clerk, would you call the roll, please? Ms. Thompson: Sure. Commissioner Teele? Vice Chairman Teele: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes, ma'am. 218 May 22, 2003 Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Chairman Winton: (UNINTELLIGIBLE) this all the time and don't have a roll call. Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: The reason I voted no is because I still -- I'm not clear on the City of Miami children, and I know of waiting lists in many, many areas, and since -- this is just symbolic because it's been approved, but I think that the City has given the land for the Children's Museum; has done a lot of for many important entities, and we should demand more because, after all, we have many people that are in need, and we should be taking care of the poorest of the poor, which, by the way, are in the City of Miami, so this is why I'm voting no. Chairman Winton: OK. Ms. Thompson: And Chairman Winton? Chairman Winton: Yes. Ms. Thompson: Thank you. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-611 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED APRIL 17, 1970, AND RECORDED IN OFFICIAL RECORDS BOOK 6867, PAGE 438, 447, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA AS AMENDED PURSUANT TO RESOLUTION NO. 02-240, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3150 AND 3250 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," IN ORDER TO AMEND PARAGRAPH THREE OF THE ZONING COVENANT TO MODIFY THE PREVIOUSLY APPROVED SITE PLAN; SUBJECT TO THE PROPERTY OWNER RECORDING THE MODIFICATION IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 219 May 22, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: Commissioner Tomas Regalado ABSENT: None. 41. DENY PROPOSED APPLICATION ON BEHALF OF NAGS CORPORATION (JOAN C. BROOKS FOR MIAMI GROUP HEALTH AND LIFE INSURANCE) TO AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN TO CHANGE LAND USE DESIGNATION AT 544 N.E. 78 STREET FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL." DENY PROPOSED APPLICATION ON BEHALF OF NAGS CORPORATION (JOAN C. BROOKS FOR MIAMI GROUP HEALTH AND LIFE INSURANCE) TO AMEND ZONING ORDINANCE NO. 11000 TO CHANGE CLASSIFICATION AT 544 N.E. 78 STREET FROM "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" TO "C-1 RESTRICTED COMMERCIAL." DIRECT MANAGER TO INSTRUCT CITY'S LOBBYISTS IN WASHINGTON, D.C., TO REQUEST OUR U.S. CONGRESSIONAL LEGISLATORS TO FIND RELIEF FOR DEGRADATION OF CITY NEIGHBORHOODS AROUND LOCAL IMMIGRATION AND NATURALIZATION SERVICES (INS) OFFICE BUILDINGS DUE TO TRAFFIC AND CROWDS. Chairman Winton: OK, PZ.9. Adrienne Pardo: Thank you very much. Chairman Winton: PZ.9. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (planning & zoning) -- Vice Chairman Teele: Mr. Attorney, what rules of procedure do we use? Joel Maxwell (Deputy City Attorney): Masons Rules of parliamentary procedure. Vice Chairman Teele: I have never heard of the parliamentarian challenging the Chair's authority to call a vote. 220 May 22, 2003 Mr. Maxwell: Oh, I didn't challenge the Chair's authority. Vice Chairman Teele: In fact, under Reed's Rules of Order, Mr. Reed could vote for someone who doesn't open his mouth, so -- Mr. Maxwell: I assure you -- Vice Chairman Teele: -- be careful when you -- Mr. Maxwell: -- I was not challenging the Chair. Vice Chairman Teele: Any member has a right to call for a vote, but -- Mr. Maxwell: On a division, the -- what happened, it was -- there was a division. Chairman Winton: We have divisions all the time. Vice Chairman Teele: Any member -- Chairman Winton: -- all the time. Vice Chairman Teele: -- has the right, but I don't think the parliamentarian does, but let's read it. Let me know. Mr. Maxwell: OK. Chairman Winton: OK. Ms. Slazyk: PZ.9 and 10 are first reading ordinance. It's a companion land use and zoning change. The property is located at 554 Northeast 78th Street. This item was heard by the City Commission on May 1 and continued for today. The Department recommended approval. It was recommended for denial by the Planning Advisory Board and denial by the Zoning Board. Chairman Winton: Mr. City Attorney, since we heard it last month, we heard all the testimony last month, and we suggested both sides just go meet for 30 days and come back to us, what are we required to do here again? Mr. Maxwell: It is a public hearing, and anyone that wants to speak on it can, but what you should do is incorporate the testimony from the previous hearings into the record from this one, then -- Chairman Winton: And we -- Mr. Maxwell: -- you don't have to hear it again, but -- Chairman Winton: OK, and how do we -- 221 May 22, 2003 Mr. Maxwell: -- if anybody wants to speak, they have the opportunity -- they have the right. Chairman Winton: -- incorporate it into the record then? Ms. Slazyk: Just say it. Chairman Winton: Just say it. Mr. Maxwell: You do it as Chair -- Chairman Winton: We do it as Chair, so we -- Mr. Maxwell: -- and I would suggest also that the applicant -- attorneys for the applicant make that motion, as well -- suggestion. That would be -- Chairman Winton: PZ.9. No, no, this is that -- if you look at the map in here, that piece behind - - yeah, off of 79th Street -- Commissioner Gonzalez: Oh, yeah. Chairman Winton: -- west of Biscayne Boulevard. Mr. Maxwell: OK. This was an item that was on -- oh, I see, yeah. Mr. Chairman, you may want to make that motion. Chairman Winton: OK, so -- a motion or just -- Mr. Maxwell: No, no, a direction. Chairman Winton: Yeah. We would like to -- Mr. Ambassador, we would like to -- Simon Ferro: Yes, sir. Chairman Winton: -- enter the previous hearing's testimony into the record now so that we don't -- you're not required to repeat all of that, and we're not required to hear all of it once again, so with that -- Mr. Ferro: We would certainly accept that. I do have a bit more information. I will not repeat what I said before, but we do have some new information we would like to introduce on the record. Chairman Winton: OK. Proceed, please. Mr. Ferro: Thank you. Well, when we were here last time -- 222 May 22, 2003 Priscilla A. Thompson (City Clerk): I'm sorry, I didn't get a name. Mr. Ferro: I'm sorry. Simon Ferro, Greenberg Traurig, 1221 Brickell. As you recall, this property is right behind the INS (Immigration and Naturalization Services) building, and it is separated from the residential areas to the south of us by a canal that must be at least 100 feet wide. The -- we showed you last time pictures of the severe impacts that our property suffers because we're right across the street from the INS building. There's people milling around. I think Commissioner Regalado had even asked that, I believe, the NET (Neighborhood Enhancement Team) Office go do a site visit because he had gone out in the early morning and found people already milling around at 2 and 3 o'clock in the morning because that's the time they get there to stand in line. Commissioner Regalado: Did they go? Mr. Ferro: I'm not sure, Commissioner, if that was done, but I do recall that you who were worried because you had been out there -- Commissioner Regalado: I've been -- Mr. Ferro: -- at the early morning hours and you had seen the -- what goes around -- what goes on on the north side of the canal. When -- after we were deferred, we went around some of the neighborhoods, some of the streets south of us, and I'm happy to say that we got the signatures of 26 residents of the properties immediately south of us, which I would like to introduce for the record. Very importantly, I would like to point out that the properties you see in yellow, which are the ones directly across the canal from our property, signed our petition, so the properties that are right across the canal from our property signed the petition in support of our application. We would also, as a means of improving the City influence over this application and the control over any other development that might be there under the very limited C-1 conditions that we've imposed -- because we have submitted a covenant running with the land that eliminate, I would say, at least 90 percent of all C-1 uses that we can do on the property. The specific use we want to do on the property is just parking, and so we -- what we would like to do is extend the SD -9 Overlay District that immediately abuts us to the east over our property. That's going to ensure that any development on this property would require a Class 11 permit; it would require notices to the surrounding homeowners, and would have -- would give more control to the City and to the neighborhood of any development that could be placed on this property. We also went around the property to the south of us, and we found very severe parking impacts, because what happens is since there is such a shortage of parking around the INS building, which is what we want to alleviate, there's an overflow of parking onto the properties south of the canal, onto the residential area, so what you see here, for example, is Northeast 76th Street, which is two blocks south of where we are, and you can see the parking all the way down the street. This is all INS related parking. This is Northeast 77th Street. Again, all these cars, very few belong to the residents. Most of these cars belong to overflow business or parking that is generated by the INS building right across from where we are, and one of the main problems that the residents have, which is why so many of them signed our petition, is that many of these cars block their driveways, so the property south of us are all impacted to a much lesser degree than we are by the activities going on at the INS building. We certainly are the ones most severely impacted, so 223 May 22, 2003 to recap our application, we are asking for C-1. We would welcome the extension of the SD -9 Overlay District on our property, which would impose site plan controls and require a Class 11 permit on anything we do there, including parking, and we have limited, severely limited, the C- 1 uses that would be normal under the C-1 district to only a handful of them, no retail. At most, we could have parking and some very low intense businesses, such as antique stores, and that kind of low intense activity, and we feel that we have, by going to the neighbors, getting the petition signed, and showing that there is neighborhood support for this application; by willing to extend the SD -9 Overlay District onto our property -- we abut the property. It is right -- it is -- the Overlay District, it is right next to us, at the nightclub property, that that would ensure a much greater degree of control by the City over any development on the property. We also have some people who'd like to speak on behalf of the application, and there's a couple of homeowners who actually were here and had to leave because it was getting late. We also have - - and I will submit for the record -- a list of almost 50 immigration attorneys who don't live in the area, but who use the INS building on a daily basis, and they attest to the fact that our property is severely impacted, and that putting some additional parking on our property would help the area immensely. Chairman Winton: Is that it, counselor? Mr. Ferro: Yes, sir. There are some people who would like to speak -- Chairman Winton: Right. Mr. Ferro: -- on behalf of the application, and I -- if I could reserve two minutes for rebuttal after the -- some of the neighbors speak, I'd appreciate it. Chairman Winton: Two minutes. We will open the public hearing portion of this, so those of you who want to speak on this issue, please come forward to both microphones. I have this list here. I'm not going to go from the list. I can't read half the names, so y'all who want to speak, just come forward and line up. We will limit each speaker to two minutes, and I would hope that we don't have repetition in your comments, so please be cognizant of what those in front of you have said, and -- oh, and -- yes, ma'am, Madam Clerk, you want to swear some new people in. Ms. Thompson: Chairman, I don't think that all of these people were here when we -- Chairman Winton: Right. Ms. Thompson: -- had them sworn in before, so we will need -- if anyone is here now and you were not sworn in before, and you are going to speak on an issue, a remaining issue, before the Commission, I need -- Chairman Winton: On any of the remaining P&Z items, not just this one. If you're going to testify -- Ms. Thompson: Right. 224 May 22, 2003 Chairman Winton: -- on any of the future ones. Ms. Thompson: I need you to please stand and raise your right hand so we can swear you in. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chairman Winton: Those of you who are going to testify, and regardless of which PZ item you all stood up on, I want everyone to understand right now, there's a lot of people in here. We are not going to stay here all night, and I will limit the conversation, the comment from each person to two minutes, and I will cut you off if you're not finished in two minutes, so please be concise. We get it pretty quickly, and so we can move this along. Yes, sir, you're on. Oscar Levin: My name's Oscar Levin. I'm a shareholder at the law firm of Greenberg and Traurig. I'm an immigration lawyer, and I'm speaking here -- Chairman Winton: What's your address? Mr. Levin: 1221 Brickell Avenue. I'm speaking here in my individual capacity today. My first comment is, I compliment this Commission because having practiced in the federal arena for many years, I can only say that for all the agencies I deal with were as responsive to the community and allow the communication that you all take place in the exchange, maybe some of the issues that take place in our community with the federal government wouldn't necessarily take place. I'm here in support of this application. Chairman Winton: Excuse me. You're going to get some extra time. Madam Clerk, we didn't start the clock, please. We need to -- oh, it's counting up. No wonder I couldn't figure this out. OK, I'm sorry. Go ahead. Mr. Levin: I'm here in support of this application, and I'm mostly here in support of Manny, who's one of the principal movers behind the application, the individual. I think the fact that you see almost 50 signatures of immigration attorneys shows the respect that we have for him. I've known him for five years, and he's the type of individual that think that you all should encourage to participate as a businessman in this community. He's going to be a substantial taxpayer in the City of Miami, given the opportunity to run the businesses that he's looking for to run. I've known him for five years. He's a very hard-working individual. He's gotten to the building area 2 in the morning, 4 in the morning, all times of the day. He's very respectful of people in the community, and I just hope that -- the technicalities of the application are with the individuals here and yourselves, but as an individual person, I wholeheartedly support him. I know he's a person of great integrity, and I hope you give him the opportunity to be able to develop a business. I believe this is their first purchase, and I believe that as the time goes on, he will continue to do good things for the City. 225 May 22, 2003 Chairman Winton: Thank you, and just so -- I don't know if there's anyone else, but just so you understand the point of this, we're not here seeking testimony of the credibility of the developer. This is about planning and zoning issues, and it is about the impact on neighborhood, so -- and we recognize that the developer's a good guy. We met -- our decisions, though, are made on the planning and zoning part of this, and what the impact on neighborhood is, but thank you. Mr. Levin: There's a shortage of parking in the community that we -- Chairman Winton: Thank you. OK, next. Step -- y'all step -- come to both microphones, and I'm going to flip back and forth. Vice Chairman Teele: Are there any (UNINTELLIGIBLE) immigration lawyers here? Chairman Winton: Shane, you're up -- Shane Graber: Thank you. Chairman Winton: -- and sir, you'll be up. Mr. Graber: Good evening. My name is Shane Graber, 1001 Northeast 72nd Street, in Miami. am not an immigration attorney, thank you. I am on the Upper Eastside Miami Council as director, and I'm the president -- Chairman Winton: Shane, keep going. Mr. Graber: -- of the Bayside Residents Association. I'm here to speak on behalf of the Upper Eastside Miami Council tonight. We request that you not approve the requested zoning change on this property, and I'm going to give you a couple of reasons why. First of all, this currently residentially -zoned property abuts, as mentioned, an adjoining residential community called Palm Grove, right across the river. It's not a 100 -foot dividing line, by the way. It's much closer. The owners in (UNINTELLIGIBLE), they have been prancing about the neighborhood with a group of people getting petitions. Most of the people that they have had sign those petitions have been renters mostly unaware of what they're signing, but they're not property holders, and I think it's important to note. What they're telling people are three things: One, that there is a substantial need for parking in the area because of the INS building. Number two, that the proposed parking lot will alleviate this perceived on -street parking problem right now in Palm Grove, and then number three, that their parking lot will reduce trash on the streets, so I'd like to discuss those three claims. Number one, yes, there is a need for parking because of the INS building; agreed. Number two, is there a parking problem in Palm Grove because of INS and will they alleviate that problem? The answer is no, there is not a major parking problem. The pictures they showed you were in front of a church during a church ceremony, so of course there are cars in front of the church. If people have the option of paying for parking as they do now, or parking for free on the public streets, they will continue to park free on the public streets. They will continue not to want to park in a lot where they're going to be charged, and number three, will their parking garage reduce trash in the neighborhood? I highly doubt it. In fact, it will probably lead to more trash and pollutants going into the river nearby, and most importantly, it will disturb the nearby 226 May 22, 2003 residential neighbor of the neighborhoods. Two other things I'd like to mention. One, INS may be relocating somewhere else throughout Miami. Chairman Winton: Excuse me. Mr. Graber: We've heard about the Doral area a lot. Chairman Winton: Shane, excuse me. Shane, two minutes are up. Mr. Graber: OK. Chairman Winton: Two minutes, eight seconds -- ten seconds, so thank you very much. Mr. Graber: OK, please -- my last comment is, we do not want to set up the precedent anywhere up in the Upper Eastside that within a residential district, we can then change to encroach -- Chairman Winton: We got it. Thank you. Mr. Graber: -- into. Chairman Winton: Next. Yes, sir. Ken Ray Louenhempt: My name is Ken Ray Louenhempt, 7765 Southwest 87th Avenue. I am an immigration attorney. I've been going to INS for the last 15 years. I don't know what he's talking about. I've never found a parking spot for free, and I fought and I looked for 15 years. I've been ticketed 20 times. My car has been vandalized 14 times. My -- I have -- they towed away my car away three times because I look for a parking spot. Finally, finally, it's a bright idea coming and offer us parking. We have to be there everyday almost. That's the lifeline of our work. This is a one-time opportunity for this neighborhood, very short spot to be developed, because nobody practically live there anymore. Fifteen years, I've been seeing less and less people, and this is the only opportunity, I think, on my conception, that would help us, because I'm reading in the paper there's 61,000 people every year coming; 30 percent of them go to immigration. Where are we going to put those people? Every morning, from 2 in the morning, I come in at 6 and I have 50 people in front of me, and I don't have to line up. There's a thousand per day. Where do you park the car? On the street; there's no place else, or to take a chance in the shopping mall and be towed away from $190 a day. I think there's time that the City or the U.S. Government or the federal government do something about the parking spot. Chairman Winton: Yeah, you guys -- Mr. Louenhempt: Think about it. Chairman Winton: -- ought to be talking to the federal government; they're the ones that have created the problem, by the way -- Mr. Louenhempt: Well, they're -- 227 May 22, 2003 Ms. Slazyk: Precisely. Mr. Louenhempt: I'm not going to (INAUDIBLE) -- Chairman Winton: -- so you ought to be marching up there. You immigration attorneys ought to be marching to Washington and getting this stuff resolved. Mr. Louenhempt: We will, if we have to. Chairman Winton: We have to deal with it. Mr. Louenhempt: OK, but if they don't want to do it, you -- that's your City, that's my City, that's our City; let's do something about it. Let's create parking spot. Let's alleviate the blocking, and the police all the time -- half the time give tickets. There's lot of money spending in there. At night, there's nobody live there, and so it's a heaven for the homeless. During the day, it's a jungle for immigration. Chairman Winton: Your two minutes are up. Mr. Louenhempt: Thank you very much. Chairman Winton: Thank you. Next. Judy Clark: Hi. Judy Clark, 5930 North Bayshore Drive. You have to give me four minutes because Carol King's not here. Chairman Winton: No, I don't. Ms. Clark: She sent a letter. Chairman Winton: I'm giving you two minutes. Ms. Clark: Would you give Carol two minutes? Chairman Winton: No. Carol isn't here. Two minutes, so would you please start the clock over, Madam Clerk, so you have 15, 18 extra seconds there. Ms. Clark: I'm Judy Clark, Bayshore Drive. I wanted to tell you that I also own property in this area. I happen to actually own a house on 76th Street. The parking is somewhat of a problem, but it has never been a big problem that I've ever noticed on 76th and 77th Street. In working in that neighborhood, there has been a real -- over the last five years, since I've been in that neighborhood, a serious need for affordable housing. This is a -- this is what your argument is, affordable housing or parking. I think we've spent a lot of time -- almost all of us who live in the neighborhood have spent a lot of time cleaning up, planting trees, educating new people in the neighborhood about how it works here in this City. The main thing to me, an education for all 228 May 22, 2003 the people in that neighborhood, as well as you, is the environment, and you have a very precious asset and that's the Little River. Don't put a parking lot on it. Chairman Winton: Thank you. Yes, sir. Theodore Bulloch: My name is Theodore Bulloch. I live at 424 Northeast -- I'm too loud? Chairman Winton: No, you're doing fine. Thank you. Mr. Bulloch: OK -- 75th Street. I've been here for like 12 years. On a daily basis, residents are complaining about people coming in, leaving their cars, walking away, blocking entrance, and they fed up with it; cars on both side of the street. They block the driveways, they make it impossible for people to get in and out their driveways in their cars. These people just come, and they park, they -- you know, they just -- like they live there. They don't -- have no manners. If you say something to them, they yell at you and -- you can't get into no physical confrontations with nobody, so we need a parking space, you understand? It'll be better for immigration, better for the residents. The parking problem will be taking care of, the neighbors will be better off, and -- that's all I have to say. Vice Chairman Teele: I need to understand -- thank you for your testimony. Are you supporting this land use or this change? Mr. Bulloch: I'm supporting the parking, yes, the parking lot. Vice Chairman Teele: What's your understanding of how many cars are going to be able to park there? Mr. Bulloch: How many cars is going to be parked in the parking lot? I exactly don't know how many is going to be parking there. It was -- it's so many -- well, it depends what they do -- how much space is provided. Vice Chairman Teele: Thank you very much. Mr. Bulloch: OK. Chairman Winton: Thank you. Yes, sir. Alex Rodriguez: Good evening, Commissioners. Alex Rodriguez, 469 Northeast 76th Street, exactly where they took the pictures. We have a church at the end of this street. It's very possible that they took it while church services were going on. They go on in the evening, during the day. The president of Palm Grove Association, and what I want to point out is that I was recently contacted by an attorney of a nationwide parking firm, and to alleviate the parking situation that INS has, what they're proposing is to put parking on -- at the Biscayne plaza, where there already is a parking lot, an existing parking lot, and all they're going to need is a special exception to be able to run the business there. They're going to validate parking for patrons of the plaza, and that's going to also bring business to the plaza, where it belongs, in the commercial 229 May 22, 2003 side, where it's already commercial. No development needed. Nothing needs to be changed. Everything stays the same. That Palm Grove area, it's not part of Palm Grove right now, but it's part of -- it abuts our neighborhood. That's a very charming street and it has a lot of potential, as did Palm Grove, and as you could tell, Palm Grove has changed, and it's changing, and will continue to change, and property values are going up. By putting commercial on the other side, we're going to set a precedent, and therefore, everything else is going to just probably change to commercial right on the other side of the river, so let's keep it at residential, please. Chairman Winton: Thank you. Mr. Rodriguez: Thank you. Chairman Winton: Yes, sir. Muneshwar Maharas: Hi. Good evening. My name is Muneshwar Maharas, better known as Manny, and I'm co-owner of the parking lot that's located at 548 Northeast Street. Chairman Winton: What's your address, please? Mr. Maharas: 1321 Flamingo Way, Miami Beach. We did -- you know, we did spent a lot of time there going around that neighborhood. I personally spent a lot of time going around that neighborhood, 1 o'clock in the morning. I mean, 6 o'clock that afternoon. We spent a lot of time there, and what we see is that sometimes you have elderly people that goes to this place and they park far away, and they would come back and they would ask, I don't know where I park. They lost a sense of direction. That's just one issue. Another issue, as the gentleman said, that Biscayne plaza, I mean, that plaza is -- they have a lot of businesses there, and they would use their spaces for their business, and I think that issue wouldn't be approved, because if you go into that shopping area, there's a heavy congestion in that area. Another issue is that as far as the church goes, there are no ceremonies during the week in that church because I've been there five days for the past week, and there were no ceremonies during that church, and that church -- actually, the church is -- I can't remember the name right now, but there's a church, and right on the church, there's a Florida International Academy school. I spoke with the principal of the school and she had many issues to bring forward. Unfortunately, she could not been here today. Her name is Sonya Mitchell, and one of the issues was the children there; their school buses can't get inside the entrance because it's being blocked, and another thing is that -- I mean, if I have an appointment at Immigration, I'll be speeding through that to get to that appointment. I'm not concerned with children. I mean, I have witnessed a lot of cars driving through that neighborhood, you know, very fast, and that area, all those cars, all these pictures you have seen here, I attest, and I attest that these cars are immigration patrons and immigration employees. Chairman Winton: Your two minutes are up. Mr. Maharas: OK. Thank you, Commissioners. I appreciate -- Chairman Winton: Thank you. 230 May 22, 2003 Mr. Maharas: -- your time. Chairman Winton: Yes, sir. Gordon Willitts: My name is Gordon Willitts. I live at 411 Northeast 52nd Street, in Morningside, and I would just like to ask you to consider that today is the last day of the charrette for the boulevard corridor, and this is going to set a precedent, OK. All of the commercial- and office -zoned buildings are up against a residential area, and you're going to have more and more people come back and want to infringe on the residential areas, and in this charrette, parking has been addressed and they are finding ways to deal with it, and I do not think this is an appropriate use, and it does set a bad precedent. Thank you. Chairman Winton: Thank you. Next. Ulrich Michel: My name is Ulrich Michel. I live at 577 Northeast 73rd Street. I hope that you will preserve the residential character of Palm Grove, and also in the future, the Little River canal is going to be an asset for the whole neighborhood. We should keep an eye out to keep it residential and to keep it pedestrian -friendly. The matter of parking with the INS is really a business issue. Here is the INS allowed to do business in the City of Miami. They're only providing parking for their own employees, and customers are locked out of their own parking garage, so therefore, you have a business that allows parking for their own employees, and customers are forced to fend for themselves in the street. If this was not a government agency doing business at that corner, they would have been shut down, I believe, because people line -- people having to line up on the sidewalk all night long, this would not be tolerated from a normal business, I don't think so. I hope you're supporting our residential character. Thank you. Chairman Winton: Next. Earle Loomis: Good evening. My name is Earle Loomis. I live at 7715 Northeast 5th Avenue. I'm on the south side of the waterway, directly opposite the area that the -- is under consideration. A couple of issues. First of all, I want to call the project what it is, it's a get -rich - quick -buck scheme. The property in question adjoins or is in -- directly in back of a theater, which, many years ago, was rezoned from a family theater to an adult theater; mistake number one. You're living with that today. The precedent that you may set for rezoning this would set a domino effect for the future. The property is commercial; the next one should be commercial. I'm commercial; the guy next to me should be commercial. This property has an existing six - unit, art -deco -style apartment building on it. The idea is bulldoze the property, bulldoze the existing structure on it, make as many parking spaces as you can, charge ten bucks a car, turn the number of spaces over four, five, six times a day, get 5, 6, $700 a day, and in two years, if immigration changes and the parking lot is no longer viable, it's going to be an empty commercial lot ready for whatever they want to put on it. I don't think it's the way to go. It sets a real bad precedent. Also, the petitions that were circulated in the neighborhood. I have a duplex. My tenant was approached. He was told -- and he actually signed the petition. He was told, "Oh, this is an ordinance that's going to keep the people from parking on this side of the canal. That's what it's going to do." Great. I would have signed if that was the truth, but he was 231 May 22, 2003 misled, as I believe many other were misled, so I don't think those signatures are valid. Thank you very much. Chairman Winton: Thank you. Next. Eileen Bottari: My name is Eileen Bottari. I reside at 505 Northeast 76th Street, in the Palm Grove neighborhood. I would like to first say, I've lived in -- on 76th Street for 20 years, and we do not have a parking problem. We have normal parking on the street. There is no problem parking in my neighborhood. No driveways are being blocked or anything like that. What we're here today to talk about is protecting the integrity of the residential neighborhood. That's what we're here to talk about. The Little River Waterway is a natural resource that runs through Commissioner Winton's district and also through Commissioner Teele's district. It's 95 percent residential and it needs to stay that way. We need to protect our natural resources, and we need to protect our residential neighborhood. This was brought up in October before Planning, and it was denied 5 to 2. It was brought up in November before Zoning, and it was denied 7 to 2, and I've been coming to five Commission meetings because this is an important issue for my neighborhood. We cannot allow our residential properties to be rezoned commercial. We're only two blocks wide. We need to protect our neighborhood. It's a beautiful neighborhood and every year it gets better. The last ten years, we have worked very, very hard to make our neighborhood into the neighborhood it is; beautification, code enforcement, planting trees. Our neighborhood association was started to work with the City to improve our neighborhood, so we ask that you protect our neighborhood and do the right thing and vote for a denial. Vice Chairman Teele: Do you recall the name of that church on the corner? Ms. Bottari: I think it's Canon Baptist Church. They have a day care there, too, and they have parking in the back, so most of the cars park in the parking lot in the back, and there's a few cars that spill over on the street, but 76th Street is a very wide street, and we have on -street parking and it's fine. I've never had any problems. I've lived there for 20 years. Vice Chairman Teele: I was sorry to note that the long-time pastor of that church for over 20 years, who had turned it over to another pastor about four or five years ago -- Ms. Bottari: He passed away. Vice Chairman Teele: -- passed last week, Reverend -- Ms. Bottari: I knew him. Yes. Vice Chairman Teele: -- (UNINTELLIGIBLE) Johnson. Ms. Bottari: Yes. Vice Chairman Teele: Great. OK. Chairman Winton: Thank you. 232 May 22, 2003 Ms. Bottari: Thank you. Chairman Winton: Anyone else from the -- Vice Chairman Teele: Let me -- Mr. Chairman -- Chairman Winton: I'm sorry. Yes, sir. Vice Chairman Teele: -- let me just -- in your map that the gentleman has been kind enough to hold for you here -- Ms. Bottari: Yes. Vice Chairman Teele: Hold it. Let me get counsel from the other side to -- what does the -- the green is the canal, is that correct? Ms. Bottari: The blue is the Little River Canal, and the green is all -- Vice Chairman Teele: Is that blue or green? Ms. Bottari: -- of the residential properties, and the pink is the property that they're trying to rezone commercial. Vice Chairman Teele: Are all of the yellows right next to that, are all those residential now? Unidentified Speaker: Yes. Ms. Bottari: Yes. Vice Chairman Teele: Where is the gas station in that area? Unidentified Speaker: This is -- Vice Chairman Teele: No, no. Ma'am, no, no. Sir, you don't have a mike, so you can't speak. If you want to get a mike -- Ms. Bottari: There is no gas station on that street. On 78th Street, there is no gas -- Vice Chairman Teele: Show me the INS office. Chairman Winton: No, no. No, it's -- no, the INS office is not on that map, at all. The INS -- Ms. Bottari: Yes, it's right there where Michel's pointing his finger, that's the INS office. It's across the street. 233 May 22, 2003 Vice Chairman Teele: OK. Now -- Chairman Winton: No, it's across 79th Street. He's -- Vice Chairman Teele: No, no, no, no. Ms. Bottari: No. It's on the -- Vice Chairman Teele: It's on the -- Ms. Bottari: -- south side of 79th Street. Vice Chairman Teele: -- the south side -- Chairman Winton: Right, right. Vice Chairman Teele: Put the map on here, sir, where we can -- Chairman Winton: I (INAUDIBLE) to move it. Sorry. Vice Chairman Teele: It should have been on the north side. That would have solved a lot of -- Ms. Bottari: Yes, it would have. Vice Chairman Teele: Now, the INS area is in that area directly across from 78th Street, right about where that one is, that whole area in there, right? Ms. Bottari: Right. Right next to the pink square is Carol King's property, and there's pictures of her -- all those pictures down there are pictures of the apartment buildings on 78th Street. That's a totally residential neighborhood, and we want to keep it that way. All the people that live on the south side of the Little River Waterway are in single-family homes, and if that -- if you start rezoning those properties commercial, that whole block's going to end up going commercial, and all those apartment buildings will be torn down. We need to keep that residential, and it's low- income housing, and it's needed for that neighborhood, and it's kept -- Vice Chairman Teele: You see the number 2 up there, north of -- isn't that a gas station? Unidentified Speaker: Yes. Vice Chairman Teele: Huh? Unidentified Speaker: Yes. Vice Chairman Teele: OK. I -- that's what I -- I was just trying to get the understanding as to where that gas station was. OK. 234 May 22, 2003 Chairman Winton: OK. Any other -- Vice Chairman Teele: Thank you very much for your presentation. Ms. Bottari: Thank you. Chairman Winton: OK. Anyone else from the public would like to speak on -- what is this, PZ.9? Anyone else from the public would like to speak on PZ.9? If not, we will close the public hearing. Mr. Ferro: I have one minute for rebuttal. Chairman Winton: One minute. You may have it, sir. Mr. Ferro: Thank you. First of all, I'd like to just put things in maybe a proper perspective here. We've never said we're going to solve the parking issue that INS has created. What we're saying is we've got a piece of property that's severely impacted by INS and all the activities that go on there. We are not a part -- there's a very clear line of demarcation between the properties south of us, south of the canal, and this little strip of R-3 that is right in front of the INS building, number one. We're completely of a different character. We're apartment buildings. The properties south of the canal are single-family homes, so to say that we are a part of that same neighborhood, which -- a neighborhood is normally characterized by sharing a number of elements and factors, including impacts. Well, if that's the case, we are a -- we're miles away and miles apart from the properties south of the canal because those properties certainly don't suffer in any way the kinds of impacts that we suffer. We showed before -- and we've got the pictures here to show -- how the people line up in the very early morning hours right across our property and mill around our property at 2 o'clock in the morning. That doesn't happen south of the canal. They get the overflow parking; we get every other impact that really makes this property not suitable for residential development. We're six units. You take away six units from the general pool of affordable housing, I don't think that's going to really cause a severe impact in this area. We're also, as I understand it, not a part of the charrette. We don't -- our property does not fall within the boundaries of the proposed charrette, so we don't affect the charrette. We're completely apart from what is going to be studied on -- with a charrette, so what we're telling you is, Commissioners, take a look at this property and really consider whether this is a viable residential development, a residential place to live, a place where people can actually have peace and quiet, not only at 4 o'clock in the afternoon, but at 3 o'clock in the morning, and if you take a hard look at this property, which is right next to the nightclub -- and we're only 50 feet wide. We are the narrowest and smallest piece of property in this whole area. We've got the least amount of buffering of any of those properties, and what we're saying is, we're not going to solve the parking issue, but we raise the issue of parking because we want to let you know that what we're going to do there is going to help the community and is going to help the neighborhood below us, and we're willing to extend the SD -9 Overlay District to give the City and the neighbors more control over what we do there. Even for parking, we would have to go through the SD -9 criteria, so what we would ask you to do is approve this application. It's got support of staff. We submitted a covenant that deletes 90 percent of the uses under C-1, and therefore -- 235 May 22, 2003 Chairman Winton: Counselor. Mr. Ferro: -- therefore, will not set a precedent for the rest, and I appreciate the more than one minute you gave me, and I would respectfully request you consider approval of the application. Thank you very much. Chairman Winton: Thank you. Vice Chairman Teele: Mr. Chairman, I assume it's in your district. Would you like to yield? Commissioner Regalado: Mr. Chairman, I just have some comments, which is, I think it's not related directly to the zoning issue, but let me tell you something. There was a report by the Census Bureau that says that Miami's number one -- Miami -Dade County number one in the influx of new residents. We surpass New York and, a surprise, Los Angeles. The problems that this neighborhood has, immediate neighborhood to the INS building, is not going to go away. It's going to be worse because every time that there is a new rule requirement by the new Department of Homeland Defense, who now runs INS, people have to go there more often and often and often. I remember that we had dozens and dozens of complaints when it was decided by the state of Florida that those people who were not residents would only be able to get their driver's license at the driver's license station in West Little Havana by the Flagler Dog Track. At that time, the surrounding residential streets were flooded with cars, people parking on the driveways, and you know, that's the way it is. It's an unfortunate that this City is hostage of U.S. Foreign policy, and I -- it's a crisis that the -- only the federal government can help, but it seems they don't want to or they don't care, but I -- to me, and I was there only once at 1 a.m. -- to me, that's -- it's hell to pay for the residents in that area, and it's not going to be solved, and yes, there is no parking there. That's what I've seen, and that's what people tell me that I speak to regarding when they need to do something in INS building, so I -- that was my only comment on this issue. Chairman Winton: Commissioner Teele, I'm not sure, I think you were ill last time when this -- this was before us -- Vice Chairman Teele: It came before us and I was very unclear. I asked that it be deferred at the end, and maybe it came back when I was ill. Chairman Winton: Yeah, it was, because we had a full hearing the last time. Vice Chairman Teele: But this has always been a very complicated -- Chairman Winton: And I'll tell you, I have -- and even though -- Gary Reshefsky used to work for me. I consider the ambassador a friend, and so when you look at those kinds of things, you think, wow, jeez, you know, maybe -- but when you look at the land use -- I'm going to say the same thing essentially that I said the last time they were here. Yes, this is a very difficult situation, but I think we really acerbate the situation by caving in to this changing land use, and you all know, I'm not sure I've ever voted once, since I've been here, to, except in a very extreme circumstance, change a residential zoning to commercial, and it only happens as a part of a 236 May 22, 2003 broader picture of where the City was cleaning up zoning maps and changing, things like that. If you -- I think with this issue -- a number of points. If you're going to change the zoning on one, by the bay, you need to change them all, but there's a huge potential problem with that concept, and that is that if you look at the aerial or you look at the zoning map here, you notice that you do have single-family homes directly across the river. I have a lot of waterfront stuff in my district, and you don't know how many calls -- the new Parrot Jungle. I've got this big battle going on with the residents who are directly across the water because there's zero noise buffer, period, and that noise comes roaring across. The logical thing, because of the INS problem -- as Commissioner Regalado points out, isn't going to go away -- the most logical thing, then, if you fell into that trap of solving that parking problem, is to rezone all this commercial and it all becomes a giant parking lot, which is going to be an absolute nightmare for the people across the Little River, which we all recognize as one of our great assets. I think that this area of residential zoning does a fabulous job of doing what zoning is supposed to do, and that is creating buffers from commercial to higher density residential to low-density residential, and while it's unfortunate that the INS is screwing up our neighborhood here, I believe very strongly that a move to solve the parking problem coming this direction will create a much bigger problem for us long-term, and will be a huge detriment to the neighborhood across the street, which is going to add to our problems down the road, and we have all worked very hard, every one of you up here, we've all worked very hard to do everything in our power to make our neighborhoods better places in which people can live, and I will tell you, if I thought for a minute that rezoning this to a parking lot would make -- create -- begin a process to create a better neighborhood, because this is a challenging location here, I would vote for that, but I don't see that at all. I see this starting a domino effect that will be a big negative influence for that whole area up there and I think one that we don't want to deal with, so as a consequence, I'm going to introduce a motion to deny the application to rezone this site. That's what I want to do, right, Mr. City Attorney? I want to make sure I get that right. Mr. Maxwell: Yes, sir. Chairman Winton: Thank you. Vice Chairman Teele: All right. Is there a second? All right. Seconded, and -- Mr. Maxwell: The item before you right now is an amendment to the comp. plan, so this will be a motion to deny the application to amend the Comprehensive Plan. Chairman Winton: Thank you. Mr. Maxwell: The companion item -- Chairman Winton: That's my motion, then. Mr. Maxwell: -- is the zoning. Commissioner Gonzalez: Second. 237 May 22, 2003 Vice Chairman Teele: All right. It was moved and second. Now, let's be very honest about this. Johnny, I think this is absolutely a flip of a coin, in my mind. I strongly support more parking particularly in the poor neighborhoods. This however is not one of the poorer neighborhoods. This however is an area that has impacted by a, as Commissioner Regalado has said, federal decision, and everybody -- anybody who has ever driven down Biscayne Boulevard knows that there is traffic, and parking, and not only is there a parking problem, it's what the gentleman said. I thought he was going to speak against it; he wound up speaking in front of it, because most of the people down there are frustrated and mad, including the lawyers, because of just the whole aggravation. In a different era, at a different time, and maybe it's not too late, this City would have been aggressive in working with the federal government, Mr. CIP (Capital Improvement Projects) director and Planning Director, in trying to make sense of this, because you know, we've sort of left the citizens, the neighbors, the neighborhood association on their own. Chairman Winton: Correct. Vice Chairman Teele: I mean, you know, for 25 years nobody's done anything, honestly, and we need to be the advocates for the neighborhood in dealing with the federal government. Unfortunately, they came to me at one point and wanted to put the INS building right where we were discussing this morning -- this afternoon the transit development. They wanted to put it at the Overtown Station, so again, it's one of those things everybody wants to protect the immigrants, but nobody is -- none of the Commissioners are going to stand up and say put it in my district, unless I'm wrong. Nobody's going to say bring the INS to my district. Chairman Winton: All of this stuff s already in my district. Everything already is in my district, so -- Vice Chairman Teele: So, I mean, this thing is really unfair to the residents. It's unfair to the neighborhood. It's unfair to the community. The problem is is that I have historically, and I continue to support SD -- special districts that are abutting commercial property, that are abutting commercial property, and Madam Planning Director, is that the only way -- or Madam Planning Guru, is -- the only way you can do an SD -- one of these SD -8s, or 9s, or whatever it is -- Ms. Slazyk: The 12. Vice Chairman Teele: -- SD -12 is it has to be abutting a commercial area, right? Ms. Slazyk: Yeah. Vice Chairman Teele: In other words, to me it's very logical, if there is a commercial building abutting a parcel of land, to allow that abutting parcel to have an SD overlay, which does not change the zoning. In other words, if it's residential, it stays residential. Ms. Slazyk: Absolutely. Vice Chairman Teele: But it has an SD overlay in which the land next to it could be parking, but as Commissioner Winton has just said, if you do it in this case -- this is absolutely a domino -- 238 May 22, 2003 it'll -- the whole thing will be SD. You know why? Because everybody here is talking about the parking. By the way, Mr. Ferro, you never put on the record how many parking spaces, legally, will this -- or Madam Planning Director, do you know how many -- Ms. Slazyk: Well, he said it's only 50 feet wide, so I don't see it being able to take that many spaces because you need the back up -- Vice Chairman Teele: But that many is -- that many being 200 or that many being 20? Ms. Slazyk Oh, no. Mr. Ferro: No, no, no. Ms. Slazyk: No. More like 20. Mr. Ferro: Be like 20, 24, Commissioner. Ms. Slazyk: Yeah. Vice Chairman Teele: Problem hi more like 15, 18, if you do it legally. Chairman Winton: After landscaping and -- Vice Chairman Teele: After landscaping and setbacks -- Ms. Slazyk Absolutely correct. Vice Chairman Teele: -- and dah, dah, dah, dah, dah, dah, dah. Chairman Winton: Not going to get any (INAUDIBLE). Vice Chairman Teele: So, you know, I think it's important, especially for those in the community who testified, that this is going to be a part of our solution to know that we're talking about a net of somewhere between 15 and 20 spaces, or let's say 15 and 25 spaces, which is really not going to change the nature and the character of the problem, so I cannot support it in this particular instance, because I really don't think we're doing -- we're solving the problem. Now, if this were a part of a comprehensive plan to put an overlay or to provide a special district for parking -- see, really, what should have happened 20 years ago -- and I know I'm the last guy that should say this, after the Little Haiti Park discussions -- but the City should have come in and come in with a solution to protect the neighborhoods, and use the canal, I think, as a break line, but again, protecting the waterfront, and the view corridors, and the noise corridors, and how do you do that with parking? I don't know. I mean, I don't have the answer to it, but I do think that Commissioner Winton has made -- for a different reason, has come up with a right analysis because it's the domino effect. If there were some way I could support putting a parking structure here that was a part of a comprehensive solution, I would be all for it, but to put in 20 parking spaces and then to create this kind of, what I perceive to be, a downward spiral of a 239 May 22, 2003 residential neighborhood, I just can't do it, but it does raise a question in -- and Mr. CIP director, if you could get the Public Works director to come out. Once this is cleared up, I'd like to make a companion motion, so -- Chairman Winton: You're the Chair. Vice Chairman Teele: -- I suppose that it was moved by Commissioner Winton. Who's on record as seconding it, you, Commissioner Regalado? Chairman Winton: Commissioner Gonzalez. Commissioner Regalado: Gonzalez (UNINTELLIGIBLE). Chairman Winton: Commissioner Gonzalez Vice Chairman Teele: All right. Commissioner Gonzalez: Yeah, I second it. Vice Chairman Teele: All right. Is there further discussion? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? It's a 4/0 vote. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-612 A MOTION TO DENY PROPOSED APPLICATION ON BEHALF OF NAGS CORPORATION (JOAN C. BROOKS FOR MIAMI GROUP HEALTH AND LIFE INSURANCE) TO AMEND ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, TO CHANGE LAND USE DESIGNATION AT APPROXIMATELY 544 N.E. 78 STREET FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL." 240 May 22, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Teele: The -- Ms. Slazyk: Is that -- Vice Chairman Teele: -- appeal is denied, and the Planning Board and all of those -- Ms. Slazyk PZ.10, I guess then -- Vice Chairman Teele: -- proceedings boards are -- Ms. Slazyk: -- becomes moot because -- Mr. Maxwell: This was a -- it was -- Vice Chairman Teele: --and PZ.10 then is withdrawn? Mr. Maxwell: Yeah. No, no, no. You need -- Chairman Winton: No, it's a companion. Mr. Maxwell: -- to vote on it. Chairman Winton: We have to vote on it -- Ms. Slazyk Have to vote, OK. Chairman Winton: -- but before we go to PZ.10 -- and Commissioner Teele, I think you were going to hit on it. Mr. Maxwell: You don't -- Chairman Winton: Maybe it's something a little lit different, but -- 241 May 22, 2003 Mr. Maxwell: PZ -- I'm sorry. PZ.10 is a companion item. You may want to handle it right now off. Chairman Winton: What? Mr. Maxwell: It's a companion item. Ms. Slazyk: This is the companion zoning item. Chairman Winton: That's what I just said. Vice Chairman Teele: Do we want to withdraw it? Mr. Maxwell: Yeah. Chairman Winton: No. You have to -- we have to vote on it, I think -- Mr. Maxwell: No, no. Go ahead and move to deny it -- Chairman Winton: -- so -- Mr. Maxwell: -- so that it be consistent. Vice Chairman Teele: Move by Commissioner Winton to deny. Commissioner Gonzalez: Second. Vice Chairman Teele: By Commissioner Gonzalez. Chairman Winton: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-613 A MOTION TO DENY PROPOSED APPLICATION ON BEHALF OF NAGS CORPORATION (JOAN C. BROOKS FOR MIAMI GROUP HEALTH AND LIFE INSURANCE) TO AMEND ZONING ORDINANCE NO. 11000 TO CHANGE CLASSIFICATION AT APPROXIMATELY 544 N.E. 78 STREET FROM "R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL" TO "C-1 RESTRICTED COMMERCIAL." 242 May 22, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Teele: Now, Commissioner Winton. Chairman Winton: Now, I think -- and you probably are going to add something or have something -- maybe a better idea, but I think we do need to -- if you get that whole aerial, we need to direct staff -- Vice Chairman Teele: Right. Chairman Winton: -- to begin working on a comprehensive plan to solve the big problem up there, and I would take that whole 79th Street and Biscayne Boulevard intersection and move -- go in all four directions there. That needs special attention because of INS, and because of what Commissioner Regalado said, and we need to look at this in a comprehensive fashion, and part of the solution may require that we get our lobbyists in Washington to start dealing with the -- with our congressmen to help bring a real solution to degrading our neighborhood by their failure to take care of their customers, which we welcome into our city, so do we need a motion to direct -- Vice Chairman Teele: I think there should be a motion, Commissioner Winton. Chairman Winton: So moved. Commissioner Gonzalez: Second. Vice Chairman Teele: Moved and seconded. Is there objection? All those in favor -- let me also see if we could do this. Would you accept an amendment? Is the CIP director -- Chairman Winton: Yes, I would. Vice Chairman Teele: -- here? I think -- and -- Chairman Winton: You always have good suggestions, so absolutely. Vice Chairman Teele: -- I think there is an issue -- the homeowner association president testified -- where is he? I think one of the things that we should look at is the area right south of the canal. Based upon the testimony that we've heard, we need to get the Public Works director and 243 May 22, 2003 the Planning director to go in there and have a meeting, and we need to protect those homes from the kind of testimony that we heard about, people just parking their cars, leaving them, being abusive. I'm talking now, not on that one street there -- Chairman Winton: Right. Vice Chairman Teele: -- but particularly on the south side -- Chairman Winton: Of the river. Vice Chairman Teele: -- of the canal, because there are several things, Mr. Director, we can do. We can create, if they -- if the homeowners association wants to, we can create a special parking designation during the day. We've done that over at the Jackson complex area. I got a ticket the other day and I live there, but you know, the people are doing their job, and so, I believe that if we meet with the homeowner association, there are things that we can do to help to protect them, other than just -- you know, in addition, and so I would amend -- request to amend it to ask that the Planning director and Public Works director or the management meet with the homeowner association and see if we can develop a residential parking designation that -- you know, give everybody little stickers, and if you're in that area, you get towed out or whatever, if that's acceptable to the maker of the motion? Chairman Winton: Absolutely. Vice Chairman Teele: All those in favor of the motion, as amended, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following motion was introduced by Chairman Winton, who moved for its adoption: MOTION NO. 03-614 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE CITY OF MIAMI'S LOBBYISTS IN WASHINGTON, D.C., TO REQUEST OUR U.S. CONGRESSIONAL LEGISLATORS TO FIND RELIEF FOR THE DEGRADATION OF CITY NEIGHBORHOODS AROUND THE LOCAL IMMIGRATION AND NATURALIZATION SERVICES (INS) OFFICE BUILDINGS DUE TO TRAFFIC AND CROWDS; FURTHER DIRECTING THE MANAGER TO INSTRUCT THE PUBLIC WORKS AND PLANNING DIRECTORS TO MEET WITH THE AFFECTED HOMEOWNERS ASSOCIATION(S) AND VISIT THE INS BUILDING TO DEVELOP A PLAN TO PROTECT THE AREA HOMES FROM SAID PROBLEMS. 244 May 22, 2003 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado NAYS: None. ABSENT: Commissioner Joe Sanchez Vice Chairman Teele: Thank you all very much, Mr. Chairman. Unidentified Speaker: Thank you, Commissioners. Chairman Winton: OK. Thank you. 42. APPROVE WITH CONDITIONS, MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR GROVENOR PROJECT, TO BE COMPRISED OF RESIDENTIAL TOWER, WITH NOT MORE THAN 151 UNITS WITH ACCESSORY RECREATIONAL SPACE AND 409 PARKING SPACES AT 2610 TIGERTAIL AVENUE (Applicant(s): Grovenor House, LLC). Chairman Winton: I guess we had a time certain that I missed. My apologies to all of you because I just skipped right over it, but that was PZ -15, was time certain for only 5:30. Vice Chairman Teele: Well -- Chairman Winton: So we're pretty close. Commissioner Regalado: It's only 7:30. Vice Chairman Teele: You only took one item out -- I mean -- Chairman Winton: Yeah, so -- Vice Chairman Teele: This is the last PZ (Planning & Zoning) item, right? Commissioner Regalado: No. Chairman Winton: No. I think there's two more, right? Commissioner Gonzalez: No. We have PZ -11 and PZ -12, and I think that it was time certain for six p.m., I believe. 245 May 22, 2003 Chairman Winton: So, I guess -- Commissioner Gonzalez: And the attorneys have been here for -- Chairman Winton: Five -thirty comes before six, so -- Commissioner Gonzalez: Whatever. Chairman Winton: Mr. Attorney, am I allowed to incorporate all of the testimony from the prior meetings into this? Joel Maxwell (Deputy City Attorney): Yes, sir, you are. Chairman Winton: Good, and tell me when I'm allowed to do that. Mr. Maxwell: You could do that as soon as -- Chairman Winton: As they're ready. Mr. Maxwell: -- they're ready to start a presentation. Chairman Winton: OK. Mr. Maxwell: Of course, they should be allowed, if they want to, to add any new testimony. Chairman Winton: I understand. I figured that out last time. Lourdes Slazyk (Assistant Director, Planning & Zoning): OK. Just for the record, PZ -15 is a Major Use Special Permit for the Grovenor Project, located at 2610 Tigertail Avenue. It's a residential complex with 151 residential units, accessory recreational space, and 409 parking spaces. Chairman Winton: And I would like to put on the record that the testimony from the prior hearings will be entered into the record as a part of this hearing, and, therefore, we don't need to, nor want to, hear it again. You can add anything new that you would like to add. Lucia Dougherty: Thank you -- Chairman Winton: This is all yours. Ms. Dougherty: -- Mr. Chairman, members of the Commission. My name is Lucia Dougherty with offices at 1221 Brickell Avenue. I'm here -- I'm joined this evening by my partner Adrienne Pardo, and colleague, Gary Reshefsky. Also with me with evening is the owner and the applicant, Ugo Colombo, his colleague, Art Murphy, and another principal, Bruce Weiner. At the last meeting, Commissioner Winton, you challenged us to go out in the community, meet with various neighborhood associations, and try to see if we could get a consensus on the project. 246 May 22, 2003 Since that period of time, I'm very proud to say that we met with and received the support of the Coconut Grove Village West Homeowners and Tenants Association. Their president, first vice president, and second vice president are here this evening and are supportive of the project, and I do have a resolution that was passed by their association. The Chamber of Commerce also endorsed the project, and I believe somebody is here to speak on behalf of the Chamber of Commerce, and last evening, the Center Grove Neighborhood Association recommended that you approve this project, and I believe that Mark Sarnoff, the president of that association, is here this evening with a resolution supporting the project. We've also met with Grovites United to Survive. We've met with the -- they are supporting the project. We've met twice with the Coral Park Homeowners Association, and, to my knowledge, they did not take a vote on the matter. We also met with the Village Council, which reviewed the project. They liked the actual building but they resolved to ask you to downzone the property and participated no further in any other negotiations or discussions. The Civic Club, we've met with and we now have an agreement, as of this afternoon, with the Civic Club, and Tucker Gibbs is here this evening to speak about it. We've also met with our immediate neighbors again. We've met with the Grove Hill Condo Association, and its president, Bill Rosenberg, is here, as well as Buddy Payne, one of its homeowners, as well as Rosario Kennedy, who's also a zoning consultant with us. She's here this evening and lives in that building and has circulated a sizeable petition in support. Also, with us this evening is the owner of our other neighbor SBS (Spanish Broadcasting System) Tower, who's also in support, so, you see, Commissioner Winton, we have done quite a bit of work in trying to gather this community consensus, and to the extent that -- Chairman Winton: And we like that. Ms. Dougherty: OK. Well, I'm glad to hear that. I want to go and just remind you about some of the benefits of this project versus some others that could be built, as of right, on this property. Vice Chairman Teele: You've already done that. Chairman Winton: I was just going to say -- we're not here to hear what we heard the last time. That's already been entered into the record, and we're pretty good -- have -- you know, maybe memories are fading a bit, but it's the old stuff that we forgot. Commissioner Regalado: I remember. Chairman Winton: Me, too, so -- Ms. Dougherty: Let me just say this to you. If it looks like you all need more testimony, I would like to reserve the right to come back after we hear any opposition. If you -- (INAUDIBLE). Oh, we did make some changes, however, that we need to -- Chairman Winton: OK, so that would -- Ms. Dougherty: -- talk about. Chairman Winton: -- be appropriate. 247 May 22, 2003 Ms. Dougherty: We have redesigned the garage to be able to preserve some -- I mean, preserve some trees on the Tigertail side. We have also agreed to preserve certain trees on the Tigertail side. We've redesigned the building and the driveways in the front, preserved trees. We've also agreed to move trees that were, otherwise, going to be removed altogether. We've decided to relocate, on site, some additional trees. We've increased the setbacks on the Grove Hill side to twice that which is required, either under this zoning district, or under the SD -17 zoning district, so they are now 20 feet on the Grove Hill side and an additional -- and still remains at 10 feet on the SBF side. We've also reduced the height. I'm going to just ask you to review the elevation, which is on the right, and then we have a 3-D model on the left of this. This shadow area here is the reduction in the height of the building that we've made since we've met with you in the last meeting, so it's a reduction of, literally, two levels. This gray on the sides indicates an increase in 10 feet, but in fact, we are going to put all of it on the Grove Hill side. This elevation is a 3-D model of the building, which you didn't see before, but it does show the building in perspective, and nobody has ever said they didn't like the design of the building, or the fact that we had only 150 units. The issue has always been how -- whether it was too high or too wide, and I have testimony here from Mike Cannon I would like to put on the record because what he'll tell you is that this is 150 units. This is the least amount of units that a luxury condominium can have on this site. Any less -- because this -- an average selling price has to be $1.1 million. To reduce the number of units, in other words, to reduce the height or to reduce the setbacks on either side, or increase the setbacks on either side means a reduction in the number of units. He said this luxury condominium, which is something that has a depressed parking garage, so it's only 18 feet tall in the rear, and we have 350 set -- 350 -feet setbacks in the rear from Tigertail. We can't build that kind of product any longer, if you have less than 150 units, because you can't sell them in the Grove for one hundred -- I mean, excuse me -- a million and a half per unit, or sizes are greater than 2800 square feet, which is the average size for this one, so he's here to tell you that if you increase the -- or decrease the number of units, you really -- you're out of the market at this product, so really, what we're going to talk about next is more units, smaller units, and a parking garage that pops out with 400 -- I mean, you know, 800 units -- 800 parking spaces in the rear, much like the other one, so in order to maintain this luxury condominium product, we're going to have to have at least 150 units, and I'd just like -- very briefly because you understand the Commissioner's admonition not to speak very long -- just to give your conclusion. Michael Cannon: We did perform a study, which I'll be happy to submit. Chairman Winton: Name and address for the record, please. Mr. Cannon: My name is Michael Cannon. I'm Managing Director of Integra Realty Resources. We're market analyst/appraisers. My offices are in Dadeland Towers on -- in south -- in Kendall area. However, I do live in Coconut Grove at 3251 Coacoochee, and I formerly served as an elected official of the Village Council many years ago. I was asked by Lucia Dougherty to initially prepare a compatible use and economic benefit and analysis, which is the study that we're presenting to you, and it was determined from that study that, at minimum, 150 units is the feasible price point, which would conclude at about one point one million dollars ($1,100,000) average per unit. Only 12 units in Coconut Grove of all the other high-rise buildings have sold over one million dollars, so any price point above that level would probably find market 248 May 22, 2003 resistance. In connection with the architectural features of it and its style, we took a series of photographs of the existing high-rise buildings and compared them to the proposed development, and as far as the view corridors are concerned, we took photos from the bay and from the west side, looking east towards the bay, and it does not have the obstruction that was perceived to be by others. In reference to the evaluation of the property by an assessment basis, if an alternative use building was put there, which could have a maximum density of 490 units, the building could look something like this, which was a building that I did not recommend to be built at 22nd Avenue and US -1, and this is what that building looks like, which is probably what could be affordable on that site, which isn't very favorable for the gateway to Coconut Grove at 22nd Avenue and US -1. In conclusion, the tax benefit to the City by having this product built versus an alternative one would be two point four million dollars ($2,400,000) greater in tax revenue to the City of Miami and to the County. Three point eight million versus one point four million on a differential basis would be the assessment of the property differential. I'll be happy to answer any questions, if need be. Ms. Dougherty: And that tax -- Chairman Winton: Thank you. Ms. Dougherty: -- differential is on a 350 -unit condominium or a 350 -unit rental apartment. In either case, it's -- Chairman Winton: You went off there. Ms. Dougherty: It's anywhere from a million, one to two million dollar difference, and there's only one last thing that I want to tell you that the developer has agreed to do. The developer has agreed to create a foundation to support Coconut Grove 501C -3s and make improvements to Coconut Grove, and that foundation's in the amount of $600,000, and with that, we'd urge your support and approval of this Major Use Special Permit. Chairman Winton: Mr. City Attorney, I need to put something on the record here. It was brought to my attention earlier this afternoon that I was quoted in the Miami Today, and it's right here on the front page, stating that, "Commissioner Chairman Johnny Winton, who represents this area, has said he will vote against the project because of neighbors' objections." I did talk to a Miami Today reporter and I told the Miami Today reporter exactly what I said on the public record at the last meeting, and I said nothing to this reporter about anything relative to this meeting, and so, I wanted to put that on the record, and you tell me what we need to do next. Mr. Maxwell: I think you've done all you need to do, Commissioner. Chairman Winton: Thank you. Are you concluded, Lucia? Ms. Dougherty: Yes, but I do reserve some time for rebuttal. Chairman Winton: Thank you. Counsel for opposition. No counsel for opposition? No? OK. 249 May 22, 2003 Jim McMaster: Well, I'm just here representing the Grove Treeman Trust. Are you asking for the opposition to speak now? Chairman Winton: No. I'm going to go to the -- I wanted to find out if there -- if the opposition has counsel, and if not, then we'll open up the public hearing in just a second, so there's no -- so I guess we will open up the public hearing portion of this, so anyone from the public who wants to speak, please come forward, and I would like all of those who would like to speak on this issue to line up. Don't stand in the back. Come to the front. Stand in front of the podium so that I can hit you -- Vice Chairman Teele: Mr. Chairman. Chairman Winton: -- one at a time. Yes, sir. Vice Chairman Teele: I recommend that you let the people who want to speak in opposition to be sure they come forward and speak, and give both sides equal time. Chairman Winton: Absolutely, and -- Vice Chairman Teele: Something like that. Chairman Winton: And -- you mean relative -- like -- if you're going to speak, come forward, please. Line up at the podium, not in the back, please, and I'm going to give you all equal time. Each person who's speaking is going to get two minutes, so -- and I will cut you off. It's been a long day. We've heard this whole round once, so, please, also be mindful of what the person before you has said. We would appreciate not hearing lots of repeats, and hope you can bring a new, original information to the table, and with that, Ron. Ron Nelson: Hello. My name is Ron Nelson, 2535 Inagua Avenue, President of the Coconut Grove Civic Club. I might take a hair more than two minutes, since I was the principal objector to this project, and we have reached an agreement. In the agreement, I am not speaking in support of the project, but I am not challenging the project. Why I'm here to speak is more to address the City in the way this issue was handled. I think this is a good example of some things that need to be changed within our City. Unfortunately, this project started forward, to my knowledge, with no tree survey at all, and we got involved and had a tree survey done and it started a lot of changes. I don't think that this City should do things like that. It's kind of left to the residents to negotiate, which I think is unfortunate, as well. Also, this project became a project when our zoning administrator, at the time, gave an opinion that said it could be built as a GI (Government Institutional) -zoned property, and I think an awful lot of people disagree with that, and the system this City currently has allows the zoning administrator to give a ruling, and then it's quiet. Nobody knows he gave a ruling, except for the person who asked for it, and after a certain amount of time goes by, you can't appeal it, and that's wrong because we would have certainly appealed the GI decision that the zoning administrator gave, if we had known that the Zoning administrator gave that decision, but there's no notice of a decision like that, so we feel that needs to be changed. There's some real things that, if you're going to work with the residents and provide good, responsible development, that need to be changed. The -- you know, 250 May 22, 2003 we have a heritage preservation officer who needs to be accountable for some things and needs to do that. Chairman Winton: Ron, your two minutes are up. You said something -- I'm going to hold the clock here, but what was your rationale, why you should get more than two minutes? I think you said something about it at the beginning. I was -- Mr. Nelson: Because I'm the President of the Coconut Grove Civic Club and we are the group that spearheaded the challenge to this project, and probably the reason that you -- Chairman Winton: Hold on. Mr. Nelson: -- -- told them to go to this community. Chairman Winton: Mr. City Attorney, if -- would I be out of line and/or create a precedent about hearing every one else if I recognize that the Civic Club is, in fact, the -- was the principal opposition? So they're really speaking as the opposition here. Mr. Maxwell: That's a discretionary call and you certainly -- Chairman Winton: Great. Mr. Maxwell: -- have the right to do it. Chairman Winton: You're recognized as that, so you can continue. Mr. Nelson: Thank you. Because, really, the rest of the people wouldn't be here unless we had challenged it, so -- Chairman Winton: I just gave -- go. Mr. Nelson: All I want to say now -- because this is an opportunity for people to hear what has happened. The people will be watching Net 9 and they'll watch the replay of this over the weekend. Those are the reasons we challenged this project. We didn't challenge them because we don't want development or anything like that. The developer builds beautiful projects. We challenged it because we felt the zoning administrator gave a wrong ruling. We felt that the heritage preservation officer did not try to preserve the trees, and we didn't feel as though a project should be allowed to go forward without, at least, a tree survey, so we challenged all of those things. We're just a small group. We did the best we can. We reached a settlement. We've managed to save a lot of the trees, some of the trees that we're not going to save, we will mitigate. There will be trees planted for it. That would not have happened before. If we hadn't challenged it, there would be a hole in the ground right now and we wouldn't be here. I want to make it clear for one thing, that the Civic Club -- because this has gone around and I want people to hear it, and I want the Commission to hear it -- the Civic Club has accepted no money for settlement. We are not taking or have not accepted a single penny -- and we will not -- or accept a single penny. We did this to make the project better for the community. The Grove Hill 251 May 22, 2003 residents, who had an agreement before, should say "thank you" to us for getting you an extra 10 feet of setback on your side. This is all things for the residents that we tried to accomplish, so it's a better project because we challenged it. It's not as good as we'd like to have seen, and I certainly hope that you, Commissioners, see what needs to be done on the City's side to help prevent things like this from happening again. We have staff that we felt really let the community down and we hope you recognize that. Thank you. Chairman Winton: Thank you. OK. Rosario Kennedy: Good evening. I'm Rosario Kennedy at 2645 South Bayshore -- Chairman Winton: Now, we're back to the real public hearing portion, which is two minutes, so, thank you. Ms. Kennedy: Right. No, I'll take much less than that. Chairman Winton: Great. Ms. Kennedy: Been there, done that. Even though I'm a consultant for the developer, I'm here today as a resident of the Grove Hill Condominium, where the vast majority of the people most affected by this development live. As the ones with the most to gain or lose by this development, we held numerous meetings with the developer. We asked for many, many concessions and he gave them to us, and so, I have collected -- based on the design, the revised changes -- a list of changes that I'd like to introduce as -- to the City Clerk as record, and I would like to introduce the president of the Condominium Association, William Rosenberg. Vice Chairman Teele: How many signatures? About how many signatures? Ms. Kennedy: About -- it's about 30 of -- no, because 35 people were out. Chairman Winton: Well -- Ms. Kennedy: (INAUDIBLE) units but, yeah, the vast majority signed. Chairman Winton: Thank you. Was she -- I think we're going to switch back and forth, if you don't mind, so, yes, ma'am. Dolly MacIntyre: My name is Dolly MacIntyre. I live at 1835 South Bayshore Drive. There are two new components of the present plan. One is this foundation, and the second, as I understand it, is there is an agreement that the developer will put up some funds to pursue -- Mr. Maxwell: I'm sorry, Mr. Chairman. Chairman Winton: Yes, sir, please. 252 May 22, 2003 Mr. Maxwell: As we have advised on many occasions, agreements between the developer and neighborhood associations, and other parties are not relevant to the proceedings before you. They should not be introduced into the record, so I would ask that the speakers not do that, and advise the Commission that you shouldn't consider or allow it. Ms. MacIntyre: That being the case, these are two items that are critical to the acceptance by the community. Before this foundation came up, I'm not sure how many of these people would be lined up, and I think it's relevant that we make sure that this comes to be and that it's done as it's promised, and, frankly, I don't trust anybody here -- Chairman Winton: Well -- Ms. MacIntyre: -- and it needs to be on the record, and I don't know how we do that. Chairman Winton: I don't think you can because -- Mr. Maxwell: No -- Chairman Winton: -- when -- and this isn't new testimony from him. We've been -- Ms. MacIntyre: Foundation just -- Chairman Winton: OK. Ms. MacIntyre: -- came up. It wasn't in the last one. Chairman Winton: Excuse me. I'm not talking about this issue. I'm talking about other issues that have come before us. Our City Attorney has said over and over again that deals struck on the side between homeowners association and the developers shouldn't be a part of the public record, and he's been consistent in that, and so, we count on the fact that the developer and the community have their own document in their hand, which is some sort of document that's enforceable, and they move on on their own path relative to that, but it doesn't have an impact on how we hear testimony. Mr. Maxwell: Or it's no basis for your decision, as well. The fact that there are agreements out there is not the basis for the Commission approving or not approving an application before them. Their opinion is -- or their decision is based solely on the record as it relates to the criterion, standards necessary or relating to the application before them, not on any agreements between the neighbors and the developers. Ms. MacIntyre: Then, in that case, I think maybe we should ask this audience of -- those who are opposed to the project to signify by standing. Mr. Maxwell: No, ma'am. 253 May 22, 2003 Chairman Winton: No, no, no. We're -- they're -- everybody has a chance to come and state their position on the public record. That's totally acceptable. I mean, we're not saying that you can't say you're for or against. It's just that the introduction of whatever the agreement people have out there is not acceptable here, but everyone's welcome to come up and say, "I'm absolutely opposed to this" or "I love it." I mean, whatever they want to say. Next. Leonard Rosenberg: Mr. Chairman, Commissioners, my name is Leonard Rosenberg. I live at 2645 South Bayshore, which is the Grove Hill Condominium. I'm also President of the Grove Hill Association. It's a pleasure to be here again in this new surroundings. It's -- did a great job. Our association has voted in favor of this project, and that was before we had some additional improvements in the project, and we thank Ron and others for assisting in obtaining those additional improvements. I am personally for this because of the factor of certainty. I think it's better to be certain we're going to have 150 units rather than 190 units. It's lower density. It's better for the neighborhood, better for the neighbors. We're going to have 29 stories instead of 31 or 35, or 40. We've got 20 -foot setback now on our side of the building, rather than the 10 - foot setback. We've got 129 feet from South Bayshore, and it's allowed for 20 feet, so I think certainty in that regard -- it helps keep the flow of South Bayshore, and the Tigertail setback is rather extensive. As you've heard, the developer has redesigned the project to save trees and move trees. I think the certainty of having this developer, Ugo Colombo, who has an excellent reputation for putting up quality projects, all of these are reasons for the Commission to vote for this project. Thank you. Chairman Winton: Thank you. Next. Debra Scarpa -Castro: Good evening. My name is Debra Scarpa -Castro. I live at 3683 Hibiscus Street, and my business is at 2398 South Dixie Highway. I do approve this project, as a resident of this immediate community, for two primary reasons. One, that we want to -- my husband is also here to speak -- we want to endorse people who are visually responsible, especially for Coconut Grove. We see so many developments with architecture that is mediocre, at best, building materials that are embarrassing. I have clients that visit me from all over the world, and also, the caliber of individuals who will be living in these residences, not only could they be potential clients for myself or my husband, but also participate in our community. We need people like this, who are active in the arts and the theater here, and, you know, I think it's very, very important for us. I never come and speak at Commission meetings, but I do think this will be a very important project for our community. Thank you. Chairman Winton: Thank you. Ma'am. Kashia Orlando: My name is Kashia Orlando. I live at 3701 El Prado Boulevard. I'm in support of the project for three reasons. Obviously, for the increase in property value that it'll bring to Coconut Grove. Ugo Colombo is one of the most reputable developers in South Florida. His design, his integrity in his building is -- surpasses most developers, and I also think that it'll bring an increase in business around the City because of the qualified residents. I'm in support of the building. Thank you. Chairman Winton: Thank you. Pete. 254 May 22, 2003 Pete Van Wyk: Johnny. My name is Pete Van Wyk. I live at 2583 Trapp Avenue in Coconut Grove. I finance projects by trade, but I'm not here -- I don't have anything to do with this project, and I don't have anything to do with this developer. I'm here as a resident. I live about two blocks behind the project. I've never been to a zoning meeting before. They, frankly, don't look like much fun on TV (television), so I commend you guys for your patience. Chairman Winton: Well, they're not much fun up here, either, so -- Mr. Van Wyk: The reason I'm speaking is, I've seen in the paper some pretty vocal opposition to this project, but I've also been in Miami for 15 years. I've seen a lot of development, and I think the bottom line is it's a very valuable vacant piece of land between two high-rise buildings. One day there will be a high-rise on this site, and I would welcome a development such as the caliber that this group puts out, 150 luxury units well-maintained, rather than what we could end up with, which is a 400 -unit, parking on both streets, loud, traffic and everything that goes with it, so I would recommend voting for the project. Chairman Winton: Thank you. Mr. Van Wyk: Thank you. Vice Chairman Teele: Did you say you live two blocks behind the proposed -- Mr. Van Wyk: Yes, I do. Chairman Winton: Yes, ma'am. Cathy Strafaci: Hi. I'm Cathy Strafaci and I live at 3820 Braganza Avenue, and I support the project for all the reasons that you hear other people support it, so I don't want to be redundant. I think it's the right project for the Grove. It's not going to -- it's the minimum impact, and it's going to be a beautiful project and add to the quality of our life. Chairman Winton: And I want to thank you for recognizing the redundancy and not falling into that, so thank you very much. Will. Will Johnson: Good evening. Will Johnson. I'm President of the Coconut Grove Village West Homeowners and Tenants Association. My address is 3342 Thomas Avenue in Coconut Grove. I'm hereto support the project. One of the reasons is because the developer and the development group has been inclusive. A lot of times projects go on in the upper Grove, they don't include the West Grove or Village West, as if it does not affect us, and we all know that in the upper village, when you get a sneezing attack, we get pneumonia down there, and I tell you that when traffic backs up on a holiday, weekends, or special events, it backs up into our living rooms, but none of those cars stop, get out, buy a soda or a sandwich in any shops in the Village West. Therefore -- Chairman Winton: Until we're finished, right? 255 May 22, 2003 Mr. Johnson: Until we're finished, that's going to change. We want that to happen very soon, so I am here in support and because they were inclusive, and when it came to our decision to support, almost unanimously, for -- cause of common sense reasons. We asked common sense questions: Is the developer breaking any laws? Is he following the Code? Has he tried to work with the neighborhood and the neighbors? And those questions were answered in the positive, so we voted in the positive. Thank you. Chairman Winton: Thank you. Yes, sir. Buddy Payne: Thank you. I'm Buddy Payne, R. W. Payne, Jr., Attorney, if you will, and I'm the Vice President of Grove Hill Condominium. I live across the street, 2645 South Bayshore Drive. I live in -- it's not important, except I live in Apartment 1503, and that is between -- the next thing to me is Terremark building, so this building goes right next to my apartment, and I'm here to speak in favor of this project. I'm wholly in favor of it. I've been a trial lawyer for 40 years in this community. I've lived here and in the City of Coral Gables, but I wanted to mention just one -- Chairman Winton: You lived where? Mr. Payne: In some place called Coral Gables. Chairman Winton: OK. Just wanted to make sure I understood that. Mr. Payne: It's out there. Chairman Winton: Yeah. Mr. Payne: In any event, my wife and I, and our family have been very involved in Coconut Grove, and my wife and Arva Parks founded Coconut Grove Cares years ago. My five children went to Grove Elementary, went to Gables Elementary, went to big Carter, and so on. We've been involved in the Grove. My partners and I built the building up here, and excuse one of the speakers saying that he couldn't -- had a Problem with the trees. We built Grove Professional Building -- it's the brick building on 27' Avenue -- in 1985, and we made it in an L shape because we had to build around an Oak Tree, and so, this Commission was protecting its trees and its foliage at that time, and has all this time. Most importantly, I've owned a boat for many years and I've kept it right across the street, and I just don't want to move anywhere from where my boat might be. I'm here on a positive basis. The zoning and -- Chairman Winton: Your time is up, sir. Mr. Payne: All right. Thank you very much. I'll close on a positive basis. Chairman Winton: Thank you very much. Yes, ma'am, Yvonne. 256 May 22, 2003 Yvonne McDonald: Good evening. Yvonne McDonald. My address is 3411 Oak Avenue. I'm here on behalf of the Coconut Grove Village West Homeowners and Tenants Association. Mr. Will Johnson spoke, and we have our first Vice President, Ms. Lottie Pearson, here tonight, and I'm to speak in support of the project. I want to make a statement that this is, you know, one community, and what affects the east Grove affects the west Grove, south Grove, and north Grove, and the residents of the west Grove are very, very concerned about what happens in other parts of Coconut Grove, and we voted because we felt that this was a project that was in the best interest of all of Coconut Grove, for no other reason. Our meeting that was held on May the 12th was conducted very, very professionally. We listened to all sides of the issue, and we came to a conclusion that we felt that the community where we live will be supportive of and that this would be the least impact on the residents of all of Coconut Grove, so I'm here tonight just to ask that the Commission consider voting to support this project, and that it's the best project right now for Coconut Grove. Chairman Winton: Thank you. Ms. McDonald: Thank you. Chairman Winton: Yes, sir. Bruce Lazar: My name is Bruce Lazar. I live at 2843 South Bayshore Drive, which is Grove Towers. I'm the immediate past president of the Grove Towers Condominium Association. I'm currently a director, although I'm here speaking for myself. I'm wholly in support of this project for all of the reasons that have been mentioned. We have a quality developer bringing a quality project, aesthetic project to a -- probably the most important vacant piece of property on Bayshore today. We have a low density project. I'll trade 150 high quality units for 400 units any day of the week, but, yet, we're getting a very high taxing value, and most importantingly [sic], it has neighborhood support, both immediate neighborhood support and generalized support, so, for all those reasons, I support it. Thank you. Chairman Winton: Yes, sir. Chris Brunk: Hi. My name is Chris Brunk. I'm at 2545 Lincoln Avenue. I've been a resident of the Grove and homeowner since 1987. I've raised my kids here. I don't know the procedure, but I talked to a few of my immediate neighbors and we signed a little statement supporting the project so I would like to introduce this into the -- Chairman Winton: Actually, we don't accept -- Mr. Maxwell: Normally, you don't accept petitions. Chairman Winton: That -- that's what I'm saying. Mr. Maxwell: There have been several introduced, though. Chairman Winton: But this is a petition, isn't it? 257 May 22, 2003 Mr. Brunk: Is that what that is? Chairman Winton: Well -- Mr. Maxwell: It is. Mr. Brunk: It's in support of the -- Mr. Maxwell: It's in support. There are -- several have been entered into the record already, so I would say yes. Chairman Winton: OK. Fine, so -- Mr. Brunk: Obviously, I support the project for all the reasons that have been detailed prior to me, and I don't want to be redundant, but I do -- would like to make a point that 500 units compared to 150 is great, so I'm in support. Chairman Winton: Thank you. Yes, sir. John Cooney: Hi. I'm John Cooney, CBA. I'm a pioneer. I was born here in Miami. My mother was born here in Miami. I've been a resident of Coconut Grove for 25 years. I think it's a quality project, quality developer, and I urge your support. Chairman Winton: Thank you. Mariano Cruz: Mariano Cruz, 1227 Northwest -- Chairman Winton: Did you -- you didn't have to work today, huh, Mariano? Mr. Cruz: -- 2e -- I work -- you get your mail today. Don't you worry about that. You'll get it. Chairman Winton: Took the day off. He's been up here -- this is the fifth time. Mr. Cruz: No. See, I come here -- Commissioner Gonzalez: Excuse me. You know what. He's practicing because he's planning on being the next Commissioner sitting over here so -- Mr. Cruz: I sit over there on the Civil Service. Chairman Winton: Luckily, I'll be gone by then. Mr. Cruz: No, but, you know, I come here as a City taxpayer because people -- I've seen recently people going in front of the Commission trying -- saying you what we need in our neighborhood. In (INAUDIBLE) attitude, oh, you need this institution there and your parks will 258 May 22, 2003 have this or that, and they tell me, oh, I say that because I am a City taxpayer, a City resident, the whole City, so I come here, as a City taxpayer, to talk about the Grove, and I know probably most of the Grove the people that live there because I deliver the mail here. (INAUDIBLE) Pharmacy, the Dinner Key Lodge, Tigertail (INAUDIBLE), the whole thing I knew. (INAUDIBLE) what they got there? And the Naval Reserves was there. The Naval Reserves, you know, when that was declared surplus property. The homeless kept 100 points to get that property from the federal government, but the City Commission, (INAUDIBLE) before Plummer, the City was get ten thousand dollars ($10,000) to the residents not to have the homeless here, maybe to put them some place, maybe Allapattah, who knows, but that's it, and I see -- I like to see that there because I am 100 percent for property that brings tax revenue to the City. To subsidize all those other properties that don't pay any taxes and we have to service them, but I see what they have done with the Santa Maria there. Mr. Colombo, the former Ferre estate, that's increased a lot of property value on there and the tax revenue of the City, so I learned 100 percent. Even if I don't reside in Coconut Grove, I reside in the City of Miami. Thank you. Chairman Winton: Thank you. (APPLAUSE) Chairman Winton: Yes, sir. Henry. Vice Chairman Teele: That encourages (INAUDIBLE) -- Henry Lee Givens: Chairman Winton, members of the Commission, my name is Henry Lee Givens. I live at 10500 Southwest 149th Street. I'm president of the Coconut Grove Chamber of Commerce, but for their position, I will ask the president-elect, Seth Gordon, to give the Chamber's position. I'm speaking on behalf of Grovites United to Survive. We're supporting this project for many reasons, but two of the most important reasons, I think, is what the developer has brought to the party, and the manner in which he has embraced a total community. I'm very proud of that and very pleased with that, and, also, I'm supporting this project because of what could be if this developer does not develop that parcel of land. I think that we have to count our blessings and be grateful that we have a developer of this stature wanting to come to our community, and would have to put up with all types of opposition, which he has, in order to do this particular project. Again, I thank you, and I encourage you to vote favorable for this development. Thank you. Chairman Winton: Thanks, Henry, and congratulations on your year with the Chamber. Mr. Givens: Thank you, sir. Seth Gordon: Thank you. Commissioners, my name is Seth Gordon. I live at 3563 Royal Palm Avenue in Coconut Grove. I'm here mainly so Henry doesn't have to wear too many hats. I am the president-elect. Henry is our president. We considered this matter, as was mentioned earlier, we considered this matter several weeks ago and endorsed the project unanimously, and the resolutions were declared. Thank you. 259 May 22, 2003 Chairman Winton: Thank you. Richard Krinzman: Good evening. My name is Richard Krinzman. I'm an attorney who lives at 2645 South Bayshore Drive. I live in the unit that is directly impacted by this -- the building to - - the proposed building, and just wanted to come here -- not to be redundant -- but just to say I support this building for all the reasons that have been stated before. Thank you. Chairman Winton: Thank you very much. Yes, ma'am. Felice Dubin: Hi. My name is Felice Dubin. I live at 2645 South Bayshore Drive. Actually, 1403, which is below Buddy Payne who spoke, so everybody said everything already, so I just want to let you know I support the project. I've supported it from the beginning, and now, even more because they made it smaller and lower, so I hope you decide for the project as well. Chairman Winton: Thank you. Ms. Dubin: Thank you. Chairman Winton: Marc. Marc Sainoff: Good evening, Commissioners. Marc Sarnoff on behalf of the Center Grove Neighborhood Association at 3000 Shipping Avenue. I'm proud to say that we followed the lead of the Village West, and last night approved this particular project. We approved it exclusively on its merits, nothing else. This project is what the Grove needs. It could provide a good clientele, so to speak, for the Grove, and we hope this Commission endorses it. Thank you. Chairman Winton: Thank you. Santiago. Santiago Echemendia: Good evening, Mr. Chairman. Santiago Echemendia, 201 South Biscayne Boulevard, on behalf of Irradio, the owners of the SBS Tower. We are supportive. We entered into a settlement agreement with the developer. They acceded to all of our demands, and so we are supportive of the application. Thank you. Chairman Winton: Thank you. Elena. Elena Carpenter: Good afternoon. Elena Carpenter, with my residency at 2575 South Bayshore Drive, one door down from the proposed Grovenor. I would be redundant, so I appear just to let you know that I support the project. I support the fact that Ugo Colombo is going to be building that project, and I have over 50 percent of my building authorizing me to speak on their behalf today so that you know that it's not just myself personally, but over 50 percent, and only that because it was about two days ago that we decided to show up and speak, and we didn't have quite a lot of time to do that. I also would like to add one thing that could never be redundant. This project is better today because the Civic Club worked with the developer and got the developer to agree to many modifications that have made it a nicer, more Coconut Grove project, where trees are being saved, and view corridors are being saved, and setbacks have been 260 May 22, 2003 extended, and this community cannot forget that there's people out there who toll away on our behalf, without getting paid, to make this place a better place, so I thank you, and I guess I should give these to the Clerk? Chairman Winton: To the Clerk, yes, ma'am. Ms. Carpenter: Thank you very much. Chairman Winton: Thank you. Anyone else from the public would like to speak on this item? Mr. McMaster: Yes, sir, Commissioner. Jim McMaster, 2940 Southwest 30th Court. We're the other group that has been working on this for six or nine months, and we'd like to talk specifically about the trees and the property, not about the structure, and I do have Lisa Hammer here, who's our tree expert, and I would like to pass out her report as she's giving it. I've been speaking to Lourdes about the process here and she's clarified a lot about how the process works, and I think we could expedite it if you could ask her to explain what she's explained to me, and also, could we have -- Chairman Winton: Sure. Mr. McMaster: -- just a few more minutes, since we're the other group -- Chairman Winton: Yes. Mr. McMaster: Thank you. Chairman Winton: Sure. Ms. Slazyk: Basically, what Jim was asking me that I -- I guess he wanted me to put on the record is, since some changes were made to the plans, as opposed to what's in your package, what I would ask you to do is -- I told him if the Commission is going to approve them, what I would ask them to do is add conditions into this Major Use Special Permit that what was offered tonight on the record, as far as reductions in height and setback and landscape plan modifications, be added as conditions to their approval. The development order, as written, pretty much says that the plans will be approved as per plans on file, as presented in the application, and the only changes that can be made to them are changes that are required pursuant to conditions by this Commission, so I would ask you to approve the project, subject to the elimination of two of the levels, that the setback be increased by 10 feet, and that the landscape plan be modified to preserve more trees -- relocate trees, rather than remove trees, and then leave that up to the Planning Director for final review and approval of the landscape plan. The next question that Jim asked me was, even though a landscape plan is being approved by the Commission tonight and will be a part of the file, that does not remove the obligation from the applicant to get a tree removal permit for the trees that are ultimately going to be removed, just like it doesn't relieve them of obligations to get a building permit. All building permits, including tree removal permits, still have to be obtained before anything can be built. 261 May 22, 2003 Mr. Maxwell: Excuse me. What is the Planning Department's recommendation to the Commission? Ms. Slazyk: Our recommendation to the modifications are for approval. Chairman Winton: Jim, do you have more? OK. Lisa Hammer: Good evening. My name's Lisa Hammer. I'm a horticultural consultant, P.O. Box 1551, Homestead. I am a Miami native and have spent a lot of time in Coconut Grove, and do a lot of business in Coconut Grove, even though I live far south at this point. I was before you at the Commission meeting on March 27th, and at that time, I presented to you my initial findings of tree evaluations I did on the site. We have met out there -- Jim and I, other people from Grove Treeman Trust, the developers and their representatives -- we have all met out there and taken a look at the trees of concern. We discussed a number of potential alternatives for preserving the trees that I had originally recommended preservation for. I still came away from that meeting with some concerns. There are two very large live oaks that we'd like to preserve in the front, which they are calling for preservation; however, the ramp -- driveway that goes up in the porte cochere adjacent to that would require significant canopy pruning on one of those trees, particularly, so much so that, in my opinion, it would be what the County Code -- the tree Code would define as effective destruction, so I don't think that that's a viable alternative for preservation for that particular tree. Also, there's a very large, lofty fig, commonly referred to as a banyan, up in the front area. One is being preserved, and there's another one that we talked about preserving. We talked about bringing -- building walls very close to that tree, but we did talk about some fairly viable options for that, and it's now my understanding that they're talking about removing that tree, but I would like to see that one preserved. There are also a number of live oaks in the rear part of the property, one of which is right in the proposed wall of the garage. During that meeting, we had talked about saving that tree by doing some cutouts in the garage wall. Now I understand that that's not an option, that that tree is slated for removal, as are two right behind it, for which I see no reason to remove, if they're out of the way of the building. In addition, tree number 51 is a live oak, which I had recommended retention, rather than preservation under covenant, because it does have some old lightning damage on it, but if it was possible to retain that tree anyway, it would certainly be a benefit to the community to do so. Part of my reasons for recommending preservation, also on those big live oaks and the big, lofty figs, is that they are highly visible from Bayshore Drive, which is a designated scenic corridor, and I think they contribute to that scenic corridor significantly, so, in conclusion, I had originally recommended nine trees for preservation. The current plans that I'm aware of call for a removal of four of those nine, preservation of five, but that preservation includes the one that I described as being effectively destroyed if they prune it as they would need to do, and also, tree number 51 is not going to be retained, which I did recommend for retention. Thank you. Vice Chairman Teele: May I ask a question? Ms. Hammer: Sure. Chairman Winton: Yes, sir. 262 May 22, 2003 Vice Chairman Teele: You're Ms. Hammer? Ms. Hammer: Yes. Vice Chairman Teele: It's an interesting report. Thank you. Is tree number 51 your main concern? Ms. Hammer: Tree number 51 is one of my concerns. It actually is one that I did not recommend for preservation under covenant because of its condition, but it is very large. It is a native live oak. It is highly visible from Bayshore Drive. I would like to see it retained, although, not necessarily under a covenant. Vice Chairman Teele: But they are retaining five of the nine that you're concerned about; is that right? Ms. Hammer: Five of the nine, but one of those five is the live oak that would be -- have to be cut back severely. Vice Chairman Teele: That's not the one that was hit by lightning? Ms. Hammer: No. That's a different one, and it is one that I did recommend preservation under covenant. Vice Chairman Teele: And Counsel has stipulated that you are -- this is what you do for a living. Ms. Hammer: This is what I do for a living. I'm in private practice as an independent consultant. Been in private practice for 16 years, all here in Dade County. Vice Chairman Teele: What kind of consultant would that be? Landscape or -- Ms. Hammer: Horticultural consulting. I'm a registered consulting arborist. I'm a certified arborist. I am a certified pest control operator, although I don't do pest control as a business, but I am trained in that, and diagnose and work in that. Vice Chairman Teele: This is getting more and more complicated. I think this is the first time I've had the pleasure of hearing your testimony and hearing -- Ms. Hammer: Thank you. I do a lot of work in the Grove, and I'm basically -- I'm at the Historic and Environmental Preservation Board meetings almost every month on tree -related issues. Vice Chairman Teele: Are you a member of the board? Or you testify before the board, primarily? Ms. Hammer: I testify before the board. I have clients who are developers, and homeowners, and Grove Treeman Trust, so I have a variety of clients. 263 May 22, 2003 Vice Chairman Teele: Thank you very much. Mr. McMaster: I'll be very brief, but we did want to put it on the record since you will be, apparently, approving tonight the landscape plan, which, when they do come in for tree removal, -- will impact, obviously, staff's recommendation. On the back of Lisa's letter -- and I have cut and pasted this, so this is not the original analysis -- but your own Planning Department has stated that they -- the two major oaks within the driveway -- and Ms. Hammer was talking about the one which will be effectively destroyed -- that your Planning Department, with their expertise, said should be retained. They are 60 -- I'm sorry, 57, 56 on the first sheet here, and if the Commission is going to pass a resolution accepting a landscape plan -- and, apparently, we really don't know what it is because they've changed it -- but if you could, in your resolution, direct the Planning Director when they review the landscape plan, in order to give it a final approval, that they be required to save 56, 57 in the front, and also, in the back, there are two trees, 16 and 17, which are 10 feet away from the parking structure, and I've never really understood why, when they're 10 feet away from the parking structure, they need to be removed. Eighteen, which is just inside the wall, is larger, so 16 and 17 both lean away from the parking structure. Vice Chairman Teele: But, you do agree that 18 is within where they're going to build the parking structure? Mr. McMaster: Right. We would prefer -- we think that they could cut out the parking garage. It would be up to you to decide if you think they could cut out the parking garage, but, certainly, 16 and 17 are 10 feet away from an 18 -foot high parking structure. The limbs all go the other way. They wouldn't have to trim a limb off either tree. Vice Chairman Teele: The roots go the other way, too? Mr. McMaster: The roots go the other way, too, yes. Thank you, sir. Thank you very much. Chairman Winton: Thank you, Jim. Any other -- yes, please. Very brief. Ms. Hammer: Just to clarify the root issue, yes, that tree number 18 apparently had been growing adjacent to a wall, and so you can see where the roots are stopped in a linear fashion right up against where there once was a wall, so yes, they are in the other direction. Chairman Winton: See, he answered your question truthfully. Wasn't a -- OK. Anyone else from the public want to testify? If not, we'll close the public hearing portion on this, and -- Vice Chairman Teele: Mr. Chairman, do you want to -- Chairman Winton: Yes, I would like to, so if you will chair -- Vice Chairman Teele: The Chair is recognized -- 264 May 22, 2003 Chairman Winton: Thank you. Vice Chairman Teele: -- for discussion and motion. Chairman Winton: You were all -- well, hold on. Just hold on. I'm coming. Ms. Dougherty: Mr. Chairman, I'd like to talk about the tree issue. Vice Chairman Teele: Well, hold on. It's closed now, so -- Ms. Dougherty: I asked for reservation to speak. I mean, I think I can help you with the tree issues -- Chairman Winton: I think we're going to help us with the tree issue. Ms. Dougherty: -- because we've agreed to preserve many of the ones that they were talking about. Chairman Winton: OK. Well, I hope it's in the affirmative. Ms. Dougherty: Yes. Chairman Winton: OK. Ms. Dougherty: Absolutely. We have agreed to save oak trees number 18, 19 and 20. They'll either be removed or relocated on site. Chairman Winton: I thought it was 16 and 17. Vice Chairman Teele: I thought it -- Ms. Dougherty: We are going to save 16 and 17. Chairman Winton: I'm sorry? Ms. Dougherty: They're going to remain on site. We're going -- Chairman Winton: Sixteen and 17 remain on site? Ms. Dougherty: Yes, and 56 -- Vice Chairman Teele: Eighteen is the one that was --which one was in the parking structure? Ms. Dougherty: Eighteen. Chairman Winton: OK, so I'm -- but 16 and 17, you're saving? 265 May 22, 2003 Ms. Dougherty: Yes. Chairman Winton: And -- Ms. Dougherty: And also, 56 and 57. Chairman Winton: You are saving 56 and 57? Ms. Dougherty: That's right. Chairman Winton: OK, so that was the -- Ms. Dougherty: And -- Chairman Winton: OK. Ms. Dougherty: Three trees, number 18, 19 and 20 will be removed and/or relocated on site at the owner's option. If the trees are not relocated, they shall be replaced as set forth in paragraph B, which -- I'm now reading from our agreement, but that means that we'd have to replace it in accordance with the Dade County Tree Canopy ordinance. Chairman Winton: Well, I don't know how good that is. I mean, the Grove -- and what you have to understand, Lucia, and you know this, I mean, the canopy issue in the Grove is a huge deal, and I can tell you, I hear this issue ever single day out there. The Grove's losing its canopy. The Grove -- I hear it constantly, so people are passionate about this issue and for good reason. Ms. Dougherty: It's double the specimen tree. Chairman Winton: I'm sorry? Ms. Dougherty: It's double the specimen tree canopy requirement. Chairman Winton: Double the specimen tree. I don't know what the means. Ms. Dougherty: Two times. Chairman Winton: Two times the size of the tree that's there? Ms. Dougherty: The highest quality tree, double the canopy. Chairman Winton: I still don't get it. Ms. Dougherty: That's what the County Code requires. Whatever you take out, you have to double the County Code. 266 May 22, 2003 Chairman Winton: Is it as big as the tree that's there? Ms. Dougherty: Twice. Vice Chairman Teele: Mr. Chairman. Chairman Winton: Bigger, OK. Ms. Dougherty: Two times. Chairman Winton: That's what I wanted to understand. Thank you, and I think the public would like to -- so, if you take those out, you're required to replace them with two trees that are bigger than what's there? Ms. Dougherty: Correct. Chairman Winton: OK. Not junk trees either, though, right? Ms. Dougherty: No. They have to have a canopy that's twice as big. Chairman Winton: OK, but not junk trees? Ms. Dougherty: No. Chairman Winton: You know, it's not good for your project anyway. Ms. Slazyk: They could mean -- to replace double the canopy, it could mean four trees for one, or six trees for one. Chairman Winton: At the last Commission meeting -- thank you. Do you have anything else? Ms. Dougherty: No. Chairman Winton: OK. Thank you. At the last meeting, which took much longer than this, and I put on record that I thought, personally, that this was a project that made sense for the community, but the community spoke loudly, about as loudly as this community could speak, in opposition to it, and I felt an obligation to, initially, vote not in favor of this project because my constituents had said, with a unified voice, no to this project, and, even though, personally, I felt that this was a whole lot better than all of the options I could think of, I felt it was important that I vote the way all of the constituents wanted me to vote. Tonight's been -- so, instead of rejecting it, we sent all the parties back to the table again. We've done that many times here in the three and a half years that I've been here, and I think every single time we've done it, we've had success at the end of the day. It appears as though we've had success again. I want to thank the community. I want to thank the developer and his team because I think we've ended up where we need to end. I'm going to make a motion here, but I also want to, following that motion, introduce another resolution to deal with a couple of the issues that Ron was talking 267 May 22, 2003 about, because I think those are very real issues, and even though our zoning administrator doesn't think they are, I think we need to get some real clarification to this. Because I don't think we want to have to deal with this kind of issue again, where you go from Government Institutional to whatever this went to automatically, and where the zoning administrator could do it in some backroom, nice and quietly, and no one could -- no one would know it's going on, and, therefore, couldn't appeal that decision, but I won't talk about that now, so, therefore, I'm moving to accept recommendation of staff on this, including -- Commissioner Sanchez: With conditions. Chairman Winton: With all the conditions that were put on the record, and including saving the trees that were just described two minutes ago by the developer. Commissioner Sanchez: Second. Vice Chairman Teele: There's a motion and a second. Is there a discussion? Madam Clerk, call the roll. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-615 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9,13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE GROVENOR PROJECT, TO BE LOCATED AT APPROXIMATELY 2610 TIGERTAIL AVENUE, MIAMI, FLORIDA, TO BE COMPRISED OF A RESIDENTIAL TOWER, WITH NOT MORE THAN 151 UNITS, WITH ACCESSORY RECREATIONAL SPACE AND APPROXIMATELY 409 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 268 May 22, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Angel Gonzalez Vice Chairman Teele: The item passes four to zero. Commissioner Sanchez: Congratulations. Chairman Winton: Could we -- Vice Chairman Teele: Are there -- is there another motion on this matter -- Chairman Winton: Yes. Vice Chairman Teele: -- or something? Chairman Winton: Well, one that I would -- it is -- there's no companion. Vice Chairman Teele: I want to -- but I want to inquire about one thing, Madam Director, Mr. Manager. Is there a landscaping plan that was alluded to? Ms. Slazyk: The plans in the Major Use Special Permit book have a landscape plan. That landscape plan is going to change, as a result of the proffer tonight, to save more trees, so the condition that I had just put into the record a little bit earlier was that they -- a revised landscape plan that shows the trees to be saved have to be submitted to the Planning and Zoning Department for approval so we can ensure that the preserved trees are going to be preserved in the final plan. Vice Chairman Teele: But the proffer by counsel is a part of the record, right? Ms. Slazyk: Yes, yes. Vice Chairman Teele: And so, it seems that the consultant and the -- Mr. Grove Tree got pretty much what they were concerned about, and I just wanted to make sure that that's on the record. Ms. Slazyk: Yeah. I guess, for the record, I should -- it's the conditions that are in your file, plus the additional conditions that I said earlier, which is that the site plan be allowed to be 269 May 22, 2003 amended for the setback to be increased by 10 feet on one side, the height to be reduced by two levels, as proffered here tonight, and the landscape plan to be modified to allow -- to show the trees that are going to be relocated and preserved, instead of removed. Vice Chairman Teele: And consistent with the proffer of counsel. Ms. Slazyk: And con -- that's right. That's right. Vice Chairman Teele: All right. Commissioner Sanchez: Mr. Chairman, if I could just take the opportunity to just say that sometimes these processes get complicated and dragged out, and it's really an inconvenience for both sides. I want to take the opportunity to thank both sides for their professionalism, including the developer, who has been a professional in this. They've modified their project God knows how many times, to try to please the community. At the end, there's a positive result and everybody's happy about it. Well, not everyone because that's impossible to do, but once again, I want to take this opportunity to thank both sides for their professionalism and the beauty of democracy. Thank you. Vice Chairman Teele: Could I just -- as a matter of record, could I ask the architect and developer to put their name on the record, please? Chairman Winton: You -- Luis, you can get up there. No, I think there's one or two more. Luis Revuelta: My name is Luis Revuelta with Revuelta Vega Leon Architects, and with offices at 2560 Southwest 27th Avenue, and we're the architects for the project. Thank you very much. Ugo Colombo: Hi. My name is Ugo Colombo. My offices are at 701 Brickell Avenue, Miami, and I'm the developer. Thank you. Vice Chairman Teele: Commissioner Winton, I don't know either of the gentlemen personally, but I want to just say one thing commensurate with what you and Commissioner Sanchez are saying, and whenever I talk to architects, especially, I try to tell them, you know, if you keep an open mind and don't fall in love with your first product, you can frequently work these matters out, and I particularly want to commend the architect, because, obviously, in working this, you have to change your original plans, and it really helps when you have professional architects who are listening to their client, but also listening to the community, so, I, too, want to commend you, sir. Chairman Winton: But I bet he didn't really want to listen. Vice Chairman Teele: Huh? Thank you, Mr. Chairman. Chairman Winton: OK. Thank you, but -- Madam, tell me -- Ron had a real good point about this whole zoning issue on -- and it only relates to GI. Their whole issue isn't about all of our other Code. It relates to GI and how that can suddenly become something else. Now, I don't 270 May 22, 2003 pretend to understand the nuances that they were talking about, but I do -- I am smart enough to figure out that this is an issue. I mean, it just smells like an issue, so what do we need to do to correct this -- Ms. Slazyk: Well -- Chairman Winton: -- deficiency here? Ms. Slazyk: -- I'll tell you what the concern is. The zoning administrator and the zoning division make interpretations daily, every time they look at a set of plans and interpret -- Chairman Winton: Right. Ms. Slazyk -- whether something meets or it doesn't meet the Code. In this particular case, sometimes the zoning administrator is asked for a written interpretation of something, even though it's been interpreted many, many times before, somebody wants it in writing. Chairman Winton: Let me interrupt you. Everybody here is tired. Can you and I meet some time later? You can explain this to me on my own time, and we'll bring something back at a later date to -- Tucker Gibbs: I would be happy to do that. Chairman Winton: -- deal with this issue. Thank you, Tucker. Mr. Gibbs: Very happy. Thank you. Chairman Winton: Because I'm -- it's going to go over my head now. 43. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" AND "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL" AT 536, 602, 608 AND 690 N.W. 57TH AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57TH COURT (Applicant(s): Florida Union Land Corporation and Sime Corporation. Chairman Winton: OK. Next issue. What's our next Planning and Zoning Item? Lourdes Slazyk (Assistant Director, Planning and Zoning): PZ -11 and 12. Chairman Winton: PZ -11. Thank you all very much for your time and patience, and we're going to the next item. Hot in here. Ms. Slazyk: PZ -11 and 12 are a first reading ordinance for a change of land use and zoning. This is for the property at 57th Avenue and 7th Street. Let me read the addresses into the record. 536, 602, 608 and 690 Northwest 57th Avenue, and 601, 605, 611, 631 and 641 Northwest 57th 271 May 22, 2003 Court. This was continued from the Commission meeting of March 27th. The applicant has proffered a covenant, which the Commission listened to some of those details at the last Commission meeting. Since that time, the applicant has submitted the covenant to the City for the Planning and Zoning Department review, and for Law Department review. The Planning and Zoning Department is satisfied with the proffers in the covenant. The Law Department still had several comments of some cleanup language that needed to be done, but basically, what the applicant has proffered to do, you can see in the -- you can see in the package before you that the applicant has proffered all of the sorts of appropriate buffers that we would consider to be necessary between this commercial zoning and the adjacent residential, so we're satisfied with it. Ben Fernandez: Good evening, members of the Commission. For the record, Ben Fernandez, law offices of Bercow and Radell, 200 South Biscayne Boulevard. I'm here this evening on behalf of the property owners, Florida Union Land Corporation and Sime Corporation. With me are Mr. Scott Sime; Mr. Manny Barella, the construction manager for Eckerd's; Mr. Mark Wallace of Wallace and Perdomo, project coordinator; Mr. Jack Luft of Luft Consulting; Mr. Jeffrey Brandon of the Brandon Companies and my partner, Jeff Bercow. To briefly review, the purpose of this application is to bring a new Eckerd's Store to the intersection of Northwest 7th Street and Northwest 57th Avenue. You will recall that on March 27th, this application was deferred by the Commission, in order to give us time to do three things, essentially: One, to meet with staff and address staff's concerns, and we've attempted to do that. That's in the covenant that you have before you, essentially, our agreement with staff, and I'll go over that in a few moments. Also, you've asked us to obtain additional neighborhood support, and we've done that, as well. We are going to circulate a petition, signed by approximately 115 neighbors, in support of this application. Third thing that you asked us to do, or rather, Commissioner Gonzalez asked us to do was to address the issue with respect to the potential that this would create a domino effect of zoning along Northwest 7th Street, and to recap that issue -- (INAUDIBLE COMMENTS) Mr. Fernandez: Thank you. To recap that issue, the westernmost portion of the property are substandard half lots that are zoned R1. What we have done, in order to prevent the potential for a domino effect along 7th Street is that we have reduced the size of the property that we are asking to be rezoned, so that a five-foot buffer is left along 57th Court of residentially zoned land. That would prohibit -- over here, I'm sorry -- that would prohibit any adjacent property owner to apply for a rezoning to commercial, based on being contiguous to the -- Commissioner Gonzalez: That up there is 57th Court, right? Mr. Fernandez: 57th Court, correct. Commissioner Gonzalez: And to your right is 57th Avenue and -- Mr. Fernandez: 57th Avenue is here, and Northwest 7th Street is here Commissioner Gonzalez: OK. All right. 272 May 22, 2003 Mr. Fernandez: The -- to talk about the -- go back to the covenant a moment, our agreement with staff. On the 27th, we did proffer a covenant to you. That covenant indicated that the owners would agree to remove the billboard sign that is on the property, on Lot 25, upon the issuance of a building permit for this project. It also indicated that we would provide a 20 -foot landscape buffer along the western portion of the property along 57th Court, and that we would build an eight -foot wall to buffer the use from the residential area to the west. Since then, we've met with staff, and we've -- staff asked us to add some additional conditions to the covenant, and we've gone back to the owners. The owners are willing to comply with those conditions, and those are that the shade trees that are provided within the buffer be 14 feet tall at time of planting; that any change of use on this property would be required to go back to the department for site plan review and that certain uses would be restricted on the property -- would be prohibited, rather, from the property, which would be used car sales, community-based residential facilities, unenclosed storage of wrecked vehicles, ambulance service businesses, hiring halls and rescue missions. All those things are in the covenant to be prohibited uses. We also would like to assure you this evening that if this application is approved, the property would be immediately cleaned up, and would be maintained, up to the time that a building permit would be issued for the demolition of the existing structures on the site, so we believe that we've complied with the department's requests, and we've done our best to work with the neighborhood, as well. There was one particular neighbor -- not really a neighbor, but a tenant that was in the shopping center. Commissioner Teele, you may remember Ms. Sabattini in the Italian restaurant. I didn't have the pleasure of dining at her facility, but we did speak to her earlier. We reviewed the lease with Ms. Sabattini, and we find that what it has is a 90 -day termination provision. It is a five-year lease, but it has a 90 -day termination provision which we believe is -- governs in this case, and we have told her that we -- or that the owners will allow her to remain on the property for as long as it takes to get the demolition permits and the building permits, which should be at least six months, so more than the 90 -day period that she has by virtue of the lease, and that's all I have to say. I'll preserve some time for rebuttal, if necessary, and I thank you all for your time. Vice Chairman Teele: Is there anyone here in opposition to this item? If so, please come forward. Is Ms. Sabattini here? Mr. Fernandez: I believe she is, but opposition -- we have one supporter I failed to mention, in addition to the petition who's here. Joel Maxwell (Assistant City Attorney): Mr. Chairman. Herbert Garcia: Good evening, Commissioners. My name is Herbert Garcia. Mr. Maxwell: Could I -- Mr. Garcia: 532 -- Mr. Maxwell: Could I ask Mr. Fernandez to step back to the microphone for a moment, please? In reviewing the covenant, Commissioners, there was one additional matter that I spoke to Mr. Fernandez about, and that's Section 2-A, the provision of the covenant dealing with the billboard 273 May 22, 2003 that he spoke about. It waives any and all rights under Bert. J. Harris, and I think that that should be expanded to include Chapter 479 and taking issues related -- they're constitutional issues, so we want to cover the whole panoply of rights that may be affected. He has agreed to that, so when this comes back -- if this should come back to the Commission on second reading, this covenant would include that. Is that correct, Mr. Fernandez? Mr. Fernandez: I have discussed that with one of the property owners that has to sign the covenant. I have not discussed that with the other property owner. However, I do not believe that it's going to present a problem. I believe that -- Mr. Maxwell: That would be a requirement of the Law Department. Mr. Fernandez: OK. I believe that it's something we can work out prior to second reading. Vice Chairman Teele: All right. Mr. Garcia: OK. My name is Herbert, Herbert D. Garcia, 532 Northwest 57th Court. I'm here many times before, because we was discussing for -- since 1980 the problem we have with that property. That property was in very bad conditions. The owner never took care of cleaning the area, and we suffering with a lot of people there parking, selling cars, miserable condition in that area. Remember, we are across the street, less than 25 foot distance from the new development. Because of that, the conditions, we are very happy to have a new neighbor, like Eckerd's, with a lot of strong guidance on quality of buildings. Before, wasn't that kind of developers. Now, the point we want to -- Vice Chairman Teele: All right. Sir, your time is about up. You want to wind up? You're afforded two minutes. Mr. Garcia: OK, OK. Vice Chairman Teele: I'm sorry. Mr. Garcia: Well, what we want is the -- keep what says the specifications, eight -foot high wall. That wall has to be built before any changes, any digging the floor, or the concrete, or move anything, because very noisy, a lot of dust and a lot of problems can be happen, the wall first. The second point is we need -- is the court between the paved street, 57th Court and the grass, and the sidewalk, because trucks are coming from nowhere over there, and nobody take care of, parking behind, and they using the whole entire length of the property for trucks, truck mixture, big trailers and everything. We need your protection, and the last issue with concern to us is in case -- in case of Eckerd's fail, the business there, or something happens, to come back here and reissue, who is going to be the next neighbor? Because we don't want any bar, or any go-go girls, or any garbage they have all over the town. We need is protection, because we are too close to the property. 274 May 22, 2003 Vice Chairman Teele: All right. Hold on. Mr. Attorney, is that -- that third request, that if Eckerd's -- I think he says if they fail -- maybe you know something we don't know -- that's part of -- Mr. Fernandez: I believe, Commissioner Teele, that he's addressing a change of use on the property. Vice Chairman Teele: No, that's not what he said. Mr. Fernandez: OK. Vice Chairman Teele: He said if Eckerd's goes out of business or something -- I know you've indicated certain restrictions, but I just want to be sure that the Attorney understands the gentleman's concern, and I don't want to mislead him, because there were a series of covenants or restrictions that the property could never be used for that runs with the land that was read into the record, but that -- you know, he listed job care centers, or mission homes, or not -for -profits, this and that, all those things. Is that what you want? Have you read that covenant, and does that meet your concerns? Mr. Garcia: Yes, sir. Vice Chairman Teele: OK. Mr. Garcia: OK, thank you very much. Vice Chairman Teele: Thank you. All right. Is there anyone in opposition to this item, please? Yes, ma'am. Jennifer Sabattini: Hi. My name is Jennifer Sabattini, and I'm the tenant at 606 Northwest 57th Avenue. I have the Italian restaurant. I was here in the last meeting. I strongly oppose this whole rezoning. I have another neighbor who has a business. He was -- he waited for hours to be at this meeting. He had to leave, because he had no one to close his business, and as you can see, there's nobody else here. Why? Because we were not notified, again. I'm here because I know -- OK? -- because I was here last meeting. Nobody still knows what's going on. Those petitions that were signed, those are the residents. What about the commercial tenants on 57th Avenue? OK? And the lawyer never approached me, like it was -- like they said in the last meeting, that they were supposed to approach all the tenants and figure out how they can resolve this situation with our leases, et cetera. He came to me today in the lobby, because I was here. That's why he approached me today and told me, all we can do is, you know, give you six months to stay there, and then you have to leave, and you lose -- and I lose my business. Why? Because I have a clause that's unconscionable in my lease, and I've been there three years, and I have a term for five years, but I have an unconscionable clause. I wonder why. Chairman Winton: Well, you signed the lease, didn't you? 275 May 22, 2003 Ms. Sabattini: Yes, but I didn't have an attorney. If -- and today, I found out that Eckerd's has been trying to do this for the last four years, and I've been there three years, so why would the City allow me to open up a restaurant and make such a big investment if this was going on a year prior to my arrival? Vice Chairman Teele: Wait, wait, Ms. Sabattini. I've been very supportive of your issue, but you can't hold the City responsible for a lease that you signed and -- Ms. Sabattini: No, no, no. Vice Chairman Teele: I mean, there's -- you know, as soon as we got the application, we made notice of it, and these hearings are published. We -- they're in the -- on Net 9. They're published in the newspaper, this item, and I think it's most -- Chairman Winton: (UNINTELLIGIBLE) from the last Commission meeting because we -- Vice Chairman Teele: Yeah, and I -- but I do think it's most unfortunate Mr. Fernandez didn't talk to you, and he sort of led me to believe that he did everything but had Italian spaghetti dinner there, but -- Ms. Sabattini: And one more -- Vice Chairman Teele: You're saying that he didn't talk to you until today? Ms. Sabattini: No. Because I was here in person, he had no choice. Another business owner was going to come here, but his mother is in the hospital. Vice Chairman Teele: The interesting part is, for one thing -- Do you have five additional years on your lease, or do you have a five-year lease? Carmine Iacono: No. We just -- we're in our -- Vice Chairman Teele: Just your name and address for the record. Mr. Iacono: My name is Carmine Iacono. It's the business at 606 Northwest 57th Avenue. It's in its five-year term. It was a two plus five. We're in the fifth part of the term, six, seven months into it. Vice Chairman Teele: But you do acknowledge it's -- Well, let me ask you. Is the lawyer correct? Is counsel correct when he said that your lease has a -- Mr. Iacono: Well, we went through a -- Vice Chairman Teele: May I ask the question before you -- that you have a 90 -day cancellation or clause that allows the lessor to terminate after 90 -day notice? 276 May 22, 2003 Ms. Sabattini: Unfortunately, that's a clause that's part of an amendment that took place maybe about four years ago before I took over the lease. Commissioner Sanchez: There's not really much that we could do. Vice Chairman Teele: But again, I just think -- Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: That's the only point I want to make, is I don't think you should hold the City Commission at all -- We have no knowledge or -- Leases are signed every day. Ms. Sabattini: That's -- I know. That's not what I meant to say. What I meant to say is, why was I approved for my license and everything if -- Chairman Winton: Because they don't ask for copies of your lease. Vice Chairman Teele: We don't approve leases or -- Mr. Iacono: No. I think the point she's trying to make is, why was -- why was the landlord willing to give a lease, knowing that the property would be eventually sold, or demolished and put a -- Chairman Winton: Well, let me -- I think the question is wrong. The question is, why would you sign a lease where you're putting capital improvements in that has a lousy landlord to throw you out on a 90 -day notice? That's your issue, not ours. Mr. Iacono: Well, we understand that, and we've talked to several lawyers, and that clause is unconscionable, anyway, and that's something -- we'll deal with that -- Chairman Winton: It is unconscionable. It -- Vice Chairman Teele: All right. Hold on, before we get this out of control. You all have had much more than two minutes. Is there anything else that you need to put on the record? Ms. Sabattini: I mean, we strongly oppose this for the obvious reasons. Chairman Winton: You know, I feel -- I know you're in pain, and it feels awful, and I feel badly for you, but this isn't anything government can deal with. This is a private matter between two private parties that we can do nothing about. Commissioner Sanchez: And your only protection would have been if in your lease, you would have had a five-year lease. Then someone would have to buy your lease out, but if you don't have it in your lease, then there's really not much this body can do for you. Chairman Winton: And next time, hire a lawyer to review your lease before you sign it. 277 May 22, 2003 Vice Chairman Teele: Right. Ms. Sabattini: But the other tenants are in the same situation, and they don't even know about it. Commissioner Sanchez: Are they on a month-to-month? Vice Chairman Teele: All right. Well -- Chairman Winton: Irrelevant. Vice Chairman Teele: -- we're going to have to -- Commissioner Sanchez: Yes. Vice Chairman Teele: We've heard this -- Commissioner Gonzalez: Mr. Chairman. Vice Chairman Teele: -- and we've heard it before. I think there's five people up here that's very sympathetic to what you're saying and -- but the problem that you're presenting is not the issue at hand. The issue at hand is the underlying land use decision that we have to make, and you know, I'm just very sorry, but it's not a matter that the City Commission or the panel can hear in the zoning decision, so is there anyone else that would like to be heard in opposition? Mr. Fernandez: We'd just like to say one thing for the record, Commissioner Teele. Vice Chairman Teele: In opposition? Mr. Fernandez: No, in -- Vice Chairman Teele: Hold on just for a minute. Is there anyone else who would like to be heard in opposition to this? If not, the public hearing is closed. You're recognized for a brief rebuttal. Mr. Fernandez: Thank you, Commissioner Teele. I just want to clarify that I did not meet with Ms. Sabattini until today, because we reviewed the lease. We verified that, indeed, it was a 90 - day termination provision, and we decided that we would give her twice that amount of time, because we knew that it would take us at least that long to get demolition permits, so we're going over and above what the lease requires, a lease that she didn't -- she never signed, actually. This was an assignment of a lease, so she never actually negotiated it herself. I just wanted to clarify that for the record. Vice Chairman Teele: OK. 278 May 22, 2003 Commissioner Gonzalez: OK, Mr. Chairman. I had a -- well, this has been going on for, I believe, almost three months, and I have a series of concerns. One, the original one was the encroachment of the commercial into the residential area, and that is something that we have been debating, and listening to residents, case after case after case on all the different zoning cases that have been discussed today, and that was a very important issue to me, because exactly what it was said here before in another case, I didn't want -- I didn't want to create a domino effect, you know, that we re -zone this area for commercial, and then we go down another two lots, and then go down another two lots, and then we go across the street and -- you know, and this is a -- this is a neighborhood that is a real nice neighborhood. These are moderate, moderate income people, but they kept their houses very neat, very clean. Their gardens are taken care of, their lawns, their house painted, you know. It's a real nice area, and that was one thing that I was afraid of Another thing that I was afraid of and I had some concerns with -- and I discussed this with Ms. Ana Gelabert yesterday, as a matter of fact. I met with her and I said, have you been able to work with the developer on the issues that they had? Remember that from the beginning, Planning and Zoning were on denial of this application, and I said, well, you know, let's -- as we usually do here -- go back, sit down, discuss it, you know. All the time, they have to discuss it and try to come to an agreement, so everybody be satisfied. One thing that also concerned me was the traffic on 57th Court, because we're going to have an entire block that is residential, and I was concerned about kids crossing the street, and this traffic coming down on 7th Street into the business, so that has been taken care of. The entrance and the exit to the store, I understand, based on my conversation with Ms. Gelabert -- is Ms. Gelabert here? -- that the -- if I remember correctly, and I took some notes yesterday while we were talking -- that the entrance is going to be through 50 -- through 7th Street and the exit is going to be out on 57th Avenue. Ana Gelabert-Sanchez (Director, Planning & Zoning): That's right. The applicant is not allowing any commercial traffic on the residential area. Commissioner Gonzalez: OK. One issue, one issue that at one point was an issue of discussion was the location of the building, itself, if the building was going to be built next to the sidewalk, or if it was going to be built in the middle of the lot or on the back, and the parking lot was going to be in the front. I know for a fact that there is an Eckerd's Store -- and this is in the pretension that Eckerd's Store is what is going to be built there. There is an Eckerd's Store on Coral Way -- and that's in your district, Commissioner Regalado -- that is right on the sidewalk. There is another Eckerd's Store that was just built on Northwest 7th Street and 57th Avenue, and what they did is they built the parking lot on the front of the building, OK? I don't know, Johnny. To be honest with you, I'm not an expert on building commercial, you know. What I would like to see is a consistency on what we're going to do, as far as building these businesses. I wouldn't like to see Eckerd's -- as a matter of fact, or anybody else, you know. I say Eckerd's, because we're talking about Eckerd's -- build a building there, employ maybe 20, 25 people, and then six months later, go bankrupt, because the City forced them to build the building in a way that actually was not convenient to the people that was going to go into, you know, into the store, so I don't know if that is still -- if that is still an issue. I mean -- Ms. Gelabert-Sanchez: No. They are going to build where they had proposed and what we -- So the parking is up front, the building is in back, and what we have asked is for landscape around. 279 May 22, 2003 Commissioner Gonzalez: Now that you said it -- let me tell you, now that you said it, I agreed 100 percent with that concept, because when you have parking behind the buildings -- OK? -- especially at night, when the building is closed or the business is closed, you don't know what's going on in the parking lot, you know. A million things can happen in the parking lot. When you are driving on 57th Avenue, on 7th Street, and you go by that parking lot, if anything wrong is going on there -- I don't know -- 100 people will see it, 1,000 people will see it, so I'd rather see parking in front, so, you know, cars are visible, ladies going into the store or coming out of the store with their bags, you know, are visible, than having the parking on the rear, so I'm glad that you made that decision, and I -- One thing that I was going to do is I was going to ask you, Commissioner Regalado, if you have gotten any feedback on, you know, on which of the two Eckerd's have functioned better, the one that was built next to the sidewalk or the one that was built all the way in the back, but now, you know, that Ms. Gelabert said that they're going to be building the way they wanted, all the way in the back and the parking lot in the front, that's an issue that has been taken care of. Commissioner Regalado: But, Angel, the one on 27th and Coral Way was built before our time, before anybody of us were here. Commissioner Gonzalez: Yeah, I know that. Commissioner Regalado: Now, the one on Northwest 7th and 27th, it was her department -- Commissioner Gonzalez: That recommended -- Commissioner Regalado: -- who recommended that they will change the way that they were going to do it, because they were going to do it fronting the street, and it was a recommendation, I remember, and they changed it and it's -- Actually, it's open, although the grand opening has not been done, but people seems to be OK with that. The residents are fine, because of the landscaping, and the fence and all that, so -- but the -- it came from the Planning Department. Commissioner Gonzalez: So, you know, we had two standards. I mean, you know, the way I look at it, at one point was we had two standards. We built this store with the parking lot in front, and now, we're asking that this other store in 57th Avenue be built differently, so that had me kind of confused, and I didn't want to go in favor of a planning action that will affect the end result of the business, which is to make sure that we retain the business and that we retain the jobs that are created there, so I'm glad that that's taken care of. Another concern that I have -- and I said it at the last meeting, and I don't know if you remember. I know -- and that is for the residents that are looking at Channel 9 now. I know for a fact that that place is an eyesore. I know, for a fact that we need to do something positive in that corner, that we need to do some type of development that improves the neighborhood and the look of that entire corner there, but I wanted to make sure that we did something that was, you know, in accordance with the neighbors, that the neighbors felt safety, that the neighbors felt that they didn't have any problems with the site. As the gentleman says, I wanted to have an assurance that if tomorrow, Eckerd's says, well, you know, I'm -- I decided I'm not going to build this store, I'm going to sell the lot, and then I may end up with who knows what, as it happened in the middle of my 280 May 22, 2003 district, where they put a drug rehab center, and now, I have 200 or 300 neighbors calling me and complaining of the disorder and the problems that are going in there, so that was also a concern, but you proffered that and you told me yesterday that, supposedly, if they're going to change use, they have to come back to the City for approval. Ms. Gel ab ert- Sanchez: That's part. As part of the covenant, they have added that if they change the use that they presently are getting approved, it would go back to the Planning Department for design review. Commissioner Gonzalez: Great. Fantastic. One thing that I -- and I believe that I mentioned it to you yesterday. On the Eckerd's that was built on 7th Street and 27th Avenue, I don't know why they installed some benches all along the sidewalk, like bus benches, and I don't know, Mr. City Attorney, if it is proper for me to object to those benches, for those benches to be -- Is that a proper— Mr. Maxwell: I don't think that's a proper discussion for this particular item. Commissioner Gonzalez: That's not a proper discussion? Mr. Maxwell: No. It has nothing to do with this. Commissioner Gonzalez: Fine, OK. For later. I just want you to take into consideration that those benches have been used by people at night to sleep. People that get drunk, they just go on those benches and go to sleep, homeless, the whole nine yards. OK? So that is something that -- take into consideration for the future, and, Ms. Gelabert, yesterday, you told me that almost everything was taken care of, but still, you were recommending not to be approved. Ms. Gelabert-Sanchez: That is -- Commissioner Gonzalez: Why was that? Ms. Gelabert-Sanchez: The reason was the Planning Department doesn't have the authority to approve a covenant; only the City Commission, so even though we get to review the covenant, and if you are asking us, did you review the covenant, how do you-- you know, what do you recommend? If the covenant is approved by the City Commission, then we would recommend approval, but we don't -- we don't have the authority. The only thing we're looking at, us, is the change of use and the change of zoning. That is why we were recommending denial. Commissioner Gonzalez: All right. Another problem that I had at the last meeting was the same problem that the lady referred to, that they were not notified, but they were here at the last meeting, and they knew that there was going to be another meeting, and they're here today so -- And unfortunately, there isn't anything that we can do in your case, because that's -- you know, that's a civil issue between the landlord and yourself, and the type of lease that you signed when rented the place, so there is nothing we can do there. Anyway, so they have met all your requirements? 281 May 22, 2003 Ms. Gelabert-Sanchez: Yes, the covenant has met all the requirements of the concerns -- Commissioner Gonzalez: So do you recommend approval? Or you -- Ms. Gel ab ert- Sanchez: With the Commission accepting the covenant, the Planning Department would not have a problem and would recommend approval. Commissioner Gonzalez: OK, but I haven't read the covenant, so why don't we do this: Can I -- this needs to have two readings, right? Mr. Maxwell: Yes, sir. Commissioner Gonzalez: OK. Can we -- can I move to approve this on first reading until you, Mr. City Attorney, have a chance to revise the covenant, and sit down with me, and explain it to me and explain me -- Mr. Maxwell: Yes, sir. Commissioner Gonzalez: OK. Mr. Maxwell: I was waiting for you to finish your presentation. There are a couple of comments I wanted to make, so if you allow me now -- Commissioner Gonzalez: OK, sir. Mr. Maxwell: First of all, as you pointed out that this is first reading, and it's first reading of a comprehensive plan change, and its companion item is a zoning change. Even though there has been much discussion about how the property will be used in this particular case -- and I imagine they're talking about a drugstore. What -- the application, though, is for a change in the comprehensive plan designation. That means that a person can use that property for anything under the law, permitted under that designation, if you approve it, and the same would be true of the zoning. They could come in and ask -- say they're going to put a drugstore there, and then put something else, as you are well aware, and they have addressed that issue by proffering covenants, voluntarily, to address your concerns. The Planning Department is now saying that their objections to the use that they saw incompatible with the neighborhood, using their standards, have been addressed, if, in fact, this covenant was agreed to, accepted by you, and they couldn't use it for any of those other uses, so that's proper, so you can approve this on first reading, you approve it on second reading without any reference at all to the covenant, and I would suggest you do that, just based straight on -- I'm sorry -- yes, to the covenant and the Planning Department's recommendation, and we will review it. We have reviewed it as it is right now, and we will happily sit down with you to go over it line by line with you, if you so desire. Commissioner Gonzalez: OK, so, Mr. Chairman, I move to approve on first reading -- Commissioner Sanchez: Second. 282 May 22, 2003 Commissioner Gonzalez: -- pending the covenant, right? Ms. Slazyk: The covenant would actually -- the covenant would go with PZ -12, with the next item of zoning. Commissioner Gonzalez: OK. All right. Ms. Slazyk So 11 is just approval. Commissioner Gonzalez: All right. Chairman Winton: So we have a motion and a second. Discussion? Commissioner Sanchez: None. Chairman Winton: None. All in favor, "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): It's an ordinance. Mr. Maxwell: An ordinance. Chairman Winton: Oh. Oh, geez. Now I have to wait for you to read it. Ms. Slazyk Oh, excuse me, excuse me, one more thing for the record. One of the things the applicant proffered tonight was removing a strip of land from the application for land use and zoning change to prevent that domino effect, so I would request that the City Commission approve it with a revised legal description to be provided by the applicant, which removes those five feet around the property. Commissioner Gonzalez: Great. Chairman Winton: Good. Commissioner Gonzalez: Great. Chairman Winton: So that's the motion and a second. It is an ordinance, so, Mr. City Attorney, would you please read the ordinance? Note for the Record: The Assistant City Attorney read the pending ordinance into the public record by title only. Chairman Winton: Roll call. 283 May 22, 2003 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 536, 602, 608, AND 690 NORTHWEST 57TH AVENUE, AND 601, 605, 611, 631, AND 641 NORTHWEST 57TH COURT, MIAMI, FLORIDA, FROM SINGLE-FAMILY RESIDENTIAL AND GENERAL COMMERCIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS, DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE, AS AMENDED. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez Chairman Johnny L. Winton NAYS: None ABSENT: Vice Chairman Arthur Teele., Jr. Ms. Thompson: The ordinance is passed on first reading, four/zero. 44. FIRST READING ORDINANCE: AMEND PAGE NO. 30 OF ZONING ATLAS OF ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL AT 536, 602, 608 AND 690 N.W. 57TH AVENUE AND 601, 605, 611, 631 AND 641 N.W. 57TH COURT (Applicant(s): Florida Union Land Corporation and Sime Corporation). Chairman Winton: PZ -12, companion to PZ -11. Commissioner Gonzalez: It's a public hearing, right? Chairman Winton: It is a public hearing. Anyone from the public like to speak to PZ -12? Being no one, we'll close the public hearing. Commissioner Gonzalez: Move PZ -12, Mr. Chairman, with the revised legal description. 284 May 22, 2003 Commissioner Sanchez: Second. Lourdes Slazyk (Assistant Director, Planning and Zoning): And accepting the covenant. Chairman Winton: And accepting all the covenants. Commissioner Sanchez: And accepting the covenant. Commissioner Gonzalez: And accepting the covenant, right. Chairman Winton: So there's a motion and a second. Discussion. Read the ordinance, please. Note for the Record: The Assistant City Attorney read the pending ordinance into the public record by title only. Chairman Winton: Roll call, please. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 30 OF THE ZONING ATLAS OF ZONING 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-2 LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 536,602-608,690 NORTHWEST 57TH AVENUE, AND 601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED AND ATTACHED AS EXHIBIT 8, AS AMENDED; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Commissioner Gonzalez, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None ABSENT: Vice Chairman Arthur E. Teele, Jr. Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. 285 May 22, 2003 Ben Fernandez: Thank you very much. Chairman Winton: Thank you. 45. RESCIND RESOLUTION NO. 02-1039; DIRECT MANAGER TO: (1) IDENTIFY SITE FOR RELOCATION OF CORAL WAY NET OFFICE; (2) PROVIDE FOR CUBAN MUSEUM'S AND NET OFFICE'S SHARED OCCUPANCY OF FACILITY; AND (3) NEGOTIATE AGREEMENT FOR OCCUPANCY OF CUBAN MUSEUM AT 1300 SOUTHWEST 12 AVENUE. Commissioner Sanchez: All right. Pocket items. Chairman Winton: Blue sheets, pocket items, whichever you'd like, we've got both, so -- Commissioner Gonzalez: Pocket items. Commissioner Sanchez: Blue sheets? Chairman Winton: Yeah, we've got blue sheets, yeah. Commissioner Sanchez: All right. You're the Chairman. Chairman Winton: I don't think a lot, but -- Commissioner Sanchez: Whatever you want to do. Chairman Winton: You got a pocket item, run with one. Commissioner Sanchez: I have a pocket item. It's a resolution rescinding Resolution 02-1035 of September 26, 2000, which directed the City Manager to, one, identify a site for the relocation -- Chairman Winton: Can I interrupt you for a second? Commissioner Sanchez: Sure. Chairman Winton: It looks to me like I'm reading it, but mine says 1039, and it says as of September 25 -- Commissioner Regalado: 2002. Chairman Winton: -- so am I reading the -- Commissioner Sanchez: Well, it's -- 286 May 22, 2003 Chairman Winton: Is this identifying a site for relocation of Coral Way NET (Neighborhood Enhancement Team) Office? Commissioner Sanchez: Yeah, it's that resolution that I'm rescinding. I mean, it may -- I hope you have the right date and the right resolution. Chairman Winton: Yeah. Commissioner Sanchez: Which one do you have? Chairman Winton: I don't know. I have one that says 039, September 25. Commissioner Sanchez: OK. Chairman Winton: May 22 date. Commissioner Sanchez: Well, there's a mistake on the date. The date is September 26, so let's amend that. Commissioner Regalado: September 20 -- Commissioner Sanchez: 26. OK, it's a -- Commissioner Regalado: 2002. Commissioner Sanchez: 2002, yes. Chairman Winton: OK, and what's the resolution number? Is it 0 -- 1030 -- Commissioner Sanchez: And the resolution is 02-1039, that's what you should have. Chairman Winton: Three nine, you said? Commissioner Sanchez: Yes. Chairman Winton: OK, I got that. Commissioner Sanchez: All right. It's directing the City Manager to, one, identify a site for the relocation of the Coral Way NET Office; provide for the Cuban Museum and NET Office shared occupancy of the facility; negotiate an agreement for the occupancy of the Cuban Memorial at 1300 Southwest 12th Avenue, and this is -- once again, this is a resolution rescinding that resolution, so move. Commissioner Gonzalez: Second. Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, "aye." 287 May 22, 2003 The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion -- The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-616 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 02-1039, ADOPTED SEPTEMBER 26, 2002, IN ITS ENTIRETY, WHICH RESOLUTION DIRECTED THE CITY MANAGER TO (1) IDENTIFY A SITE FOR THE RELOCATION OF THE CORAL WAY NET (NEIGHBORHOOD ENHANCEMENT TEAM) OFFICE FROM THE FACILITY LOCATED AT 1300 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA (THE "FACILITY"); (2) PROVIDE FOR THE CUBAN MUSEUM'S AND NET OFFICE'S SHARED OCCUPANCY OF THE FACILITY UNTIL SUCH TIME AS A RELOCATION SITE FOR THE NET OFFICE HAS BEEN DETERMINED; AND (3) NEGOTIATE AN AGREEMENT FOR THE OCCUPANCY OF THE CUBAN MUSEUM AT 1300 SOUTHWEST 12 AVENUE AND PRESENT THE AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Sanchez: And Mr. Chairman, just a little background on this. I will be revisiting the issue of finding a home in the City of Miami in for the Cuban Memorial, but I would rather do that through a blue page item at the next Commission agenda, and once again, the Coral Way NET Office is staying put exactly where it's at. It's one of our finest NET Office. We have other City properties that we could possibly find a home for the Cuban Museum and any other cultural facility interested in relocating to the City of Miami. Just wanted to state that for the record. Chairman Winton: Thank you. 288 May 22, 2003 46. AUTHORIZE MANAGER TO WAIVE FEES FOR STREET CLOSURE ON TEMPORARY BASIS DURING SCHOOL HOURS ASSOCIATED WITH SHADOWLAWN ELEMENTARY SCHOOL LOCATED AT 149 N.W. 49 STREET, AND ADA MERRITT ELEMENTARY SCHOOL LOCATED AT 660 S.W. 3 STREET, TO ASSIST IN PROVIDING SAFETY CORRIDOR FOR CHILDREN TO USE RECREATIONAL FACILITIES ACROSS STREET. Chairman Winton: Any other pocket items? Commissioner Teele, do you have a pocket item? Vice Chairman Teele: A resolution authorizing the City Manager to waive fees for street closure, on a temporary basis, during school hours associated with the Shadowlawn Elementary School, located on 49th Street. Whatever the devil all this other stuff is, I don't know, but -- Chairman Winton: So moved. Vice Chairman Teele: So moved, Mr. Chairman. Chairman Winton: Got a motion and -- Commissioner Regalado: Second. Chairman Winton: -- a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-617 A MOTION AUTHORIZING THE CITY MANAGER TO WAIVE FEES FOR A STREET CLOSURE ON A TEMPORARY BASIS DURING SCHOOL HOURS ASSOCIATED WITH THE SHADOWLAWN ELEMENTARY SCHOOL LOCATED AT 149 N.W. 49 STREET, AND ADA MERRITT ELEMENTARY SCHOOL LOCATED AT 660 S.W. 3 STREET, TO ASSIST IN PROVIDING A SAFETY CORRIDOR FOR THE CHILDREN TO USE THE RECREATIONAL FACILITIES ACROSS THE STREET. 289 May 22, 2003 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 47. GRANT WAIVER OF 120 DAY NOTICE TO PROPERTY OWNERS, REQUIREMENT SET FORTH IN RESOLUTION NO. 54341, TO MIAMI BAHAMAS GOOMBAY FESTIVAL TO BE HELD ON JUNE 7 AND 8, 2003 AND PERMIT NOTICE TO BE GIVEN WITHIN 50 DAYS OF SPECIAL EVENT. Chairman Winton: Do you have another one, Commissioner Teele? Commissioner Regalado: I -- Chairman Winton: OK, you're on, Commissioner Regalado. Commissioner Regalado: Goombay. Chairman Winton: Goombay. Commissioner Regalado: Goombay. Let me see. A motion that the City of Miami Commission grant a waiver of the 120 -day notice to property owners requirements set forth in Resolution 54- 341 to the Miami Bahamas Goombay Festival, to be held on June 7 and 8, and the permitting, the notice to be given within 50 days of the special event, and -- Vice Chairman Teele: Second. Commissioner Regalado: -- this is about -- Vice Chairman Teele: Second the motion. Vice Chairman Teele: -- being tardy and all that. Chairman Winton: We got a motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. 290 May 22, 2003 The following motion was introduced by Commissioner Regalado, who moved for its adoption: MOTION NO. 03-618 A MOTION GRANTING A WAIVER OF THE 120 DAY NOTICE TO PROPERTY OWNERS, REQUIREMENT SET FORTH IN RESOLUTION NO. 54-341, TO THE MIAMI BAHAMAS GOOMBAY FESTIVAL TO BE HELD ON JUNE 7 AND 8, 2003 AND PERMITTING THE NOTICE TO BE GIVEN WITHIN 50 DAYS OF THE SPECIAL EVENT. Upon being seconded by Vice Chairman Teele, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 48. AUTHORIZE MANAGER TO EXECUTE AMENDMENT TO LEASE AGREEMENT BETWEEN CITY AND GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC, TO PROVIDE THAT PAYMENT AND PERFORMANCE BOND MAY BE PROVIDED BY GENERAL CONTRACTOR(S) IN AMOUNT ACCEPTABLE TO CITY WITH RESPECT TO WORK TO BE PERFORMED BY GENERAL CONTRACTOR(S) AND SUCH PERFORMANCE BONDS OF SUBCONTRACTORS AS SHALL BE REQUIRED BY CITY, IN LIEU OF LESSEE PROVIDING SAME AS PRINCIPAL. Chairman Winton: I have -- Vice Chairman Teele: You have a pocket item? Chairman Winton: Yes, I have a pocket item. Vice Chairman Teele: You're recognized, Mr. Chairman. Chairman Winton: Thank you. I don't know where the resolution went. Where did it go? Commissioner Sanchez: I got it. Chairman Winton: OK, y'all will get a copy. This is a technical issue that I would just assume the Manager speak to, relative to Grove Harbour and the financing that they finally have in place. 291 May 22, 2003 The project's ready to go, but there's a technical issue that has to be dealt with that I would rather them describe. Laura Billberry (Acting Director, Economic Development): OK. Lori Billberry, Economic Development. Yes, the developer yesterday closed on their loan in escrow, but the performance bond that is being provided, the contractor is the principal and this is typical in the industry, that the contractor provides it, so this is to amend the lease in order to provide for this. Chairman Winton: So moved. Commissioner Sanchez: Second. Chairman Winton: Motion and a second. Oops, I'm sorry. Commissioner Sanchez: Could you have -- Johnny -- Vice Chairman Teele: Motion and a second. Commissioner Sanchez: Johnny, could you have the Attorney read the resolution into the record? Vice Chairman Teele: Madam Attorney, would you read the resolution title? The Ordinance was read by title into the public record by the Assistant City Attorney. Chairman Winton: So moved. Commissioner Gonzalez: Second. Vice Chairman Teele: It's been moved and second. Chairman Winton: So move. Vice Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All those opposed have -- Chairman Winton: So moved again. Vice Chairman Teele: -- the same right. 292 May 22, 2003 The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-619 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC (THE "LESSEE"), DATED MARCH 12, 1999 AS AMENDED (THE "LEASE"), TO PROVIDE THAT THE PAYMENT AND PERFORMANCE BOND MAY BE PROVIDED BY THE GENERAL CONTRACTOR(S), IN AN AMOUNT ACCEPTABLE TO THE CITY, WITH RESPECT TO THE WORK TO BE PERFORMED BY THE GENERAL CONTRACTOR(S), AND SUCH PERFORMANCE BONDS OF THE SUBCONTRACTORS AS SHALL BE REQUIRED BY THE CITY, IN LIEU OF THE LESSEE PROVIDING SAME AS PRINCIPAL. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: Thank you. 49. AUTHORIZE MANAGER TO EXECUTE SUPPLEMENTAL NO. 1 TO EXTEND PERIOD OF EXISTING JOINT PARTICIPATION AGREEMENT BETWEEN CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING "DUPONT PLAZA PROJECT — METROMOVER REALIGNMENT IN DOWNTOWN MIAMI" UNTIL JUNE 30, 2004 AND TO ACCEPT ADDITIONAL $1,300,000, CONSISTING OF TRANSPORTATION OUTREACH PROGRAM GRANT FROM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. Chairman Winton: And I have three quick blue sheet items. The first one, D, is receiving a grant from FDOT (Florida Department of Transportation), so moved. Commissioner Sanchez: Second. 293 May 22, 2003 Vice Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-620 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUPPLEMENTAL NO. 1 TO EXTEND THE PERIOD OF THE EXISTING JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING THE "DUPONT PLAZA PROJECT — METROMOVER REALIGNMENT IN DOWNTOWN MIAMI" UNTIL JUNE 30, 2004, AND, TO ACCEPT ADDITIONAL FUNDS, IN THE AMOUNT OF $1,300,000, CONSISTING OF A TRANSPORTATION OUTREACH PROGRAM GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR SAID PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 294 May 22, 2003 50. TABLED: PROPOSED ORDINANCE AMENDING ORDINANCE NO. 12190, AND APPROPRIATING ADDITIONAL FUNDS TO SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT — METROMOVER REALIGNMENT IN DOWNTOWN MIAMI", $1,300,000 (See #56). Chairman Winton: The second one is appropriating the funds that are coming from FDOT (Florida Department of Transportation) and this is all tied to the museum -- Bicentennial Park Museum Park, so moved. Vice Chairman Teele: Is there a motion? Chairman Winton: Oh. Commissioner Sanchez: Second. Chairman Winton: Yeah, and this is an ordinance. Vice Chairman Teele: Madam Attorney, read the ordinance title. You have it? This is on the blue pages? Chairman Winton: Yes. Vice Chairman Teele: All right. Let's temporarily pass it. Let's go to your next one. What number was that blue page number? Chairman Winton: "E" Vice Chairman Teele: Blue page "E" as in "echo." Chairman Winton: Yes. 295 May 22, 2003 51. AUTHORIZE AND DIRECT MANAGER TO EXECUTE LOCAL AGENCY PROGRAM AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR DESIGN OF PROJECT ENTITLED `BICENTENNIAL PARKBISCAYNE BOULEVARD — PEDESTRIAN FACILITIES AND AMENITIES," CONSISTING OF DESIGN FOR PEDESTRIAN FACILITIES AND AMENITIES FOR BISCAYNE BOULEVARD, BICENTENNIAL PARK AND FEC SLIP PLAZA; AUTHORIZE MANAGER TO ACCEPT $1,728,862, FROM FEDERAL HIGHWAY ADMINISTRATION, FEDERAL DEMONSTRATION FUNDS (See #55). Chairman Winton: And "F" is also a grant application in receipt of, which I so move. Vice Chairman Teele: Moved. Commissioner Regalado: Second. Vice Chairman Teele: Second by Commissioner Regalado. Is there objection? All in favor, say LL " aye. The Commission (Collectively): Aye. Vice Chairman Teele: All opposed have the same right. The following resolution was introduced by Chairman Winton, who moved for its adoption: RESOLUTION NO. 03-621 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF THE PROJECT ENTITLED `BICENTENNIAL PARKBISCAYNE BOULEVARD — PEDESTRIAN FACILITIES AND AMENITIES," CONSISTING OF THE DESIGN FOR PEDESTRIAN FACILITIES AND AMENITIES FOR BISCAYNE BOULEVARD, BICENTENNIAL PARK AND THE FEC SLIP PLAZA; AND AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS, IN THE AMOUNT OF $1,728,862, FROM THE FEDERAL HIGHWAY ADMINISTRATION, FEDERAL DEMONSTRATION FUNDS, AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID FUNDS. 296 May 22, 2003 Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 52. ACCEPT BID OF MARLIN ENGINEERING CORPORATION FOR PROJECT ENTITLED: "ALLAPATTAH STREET IMPROVEMENT B-4620"; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341321, $456,000, AND PROJECT NUMBER 352216, $100,000, TOTAL ESTIMATED COST $556,000. Vice Chairman Teele: Mr. Manager, did you have some pocket railroads you're going to move through? Joe Arriola (City Manager): Yes, I do have three pocket items. Chairman Winton: Could we -- Commissioner Sanchez: The City Manager (UNINTELLIGIBLE) pocket items. Mr. Arriola: I am -- but any time I have an opportunity to put shovels in the ground, I'm going to bring them. I'm not ashamed of them, so I think that Commissioner Gonzalez is going to handle two of them for me. Vice Chairman Teele: Mr. Manager, I want to just say one thing about this, which I'm 100 percent in support. I really think that it's important that -- I know we did a lot of projects this morning for Commissioner Winton, and the capital, and we're doing some now, but I also think there's a third Commissioner up here that's -- that is in a position where I think he's under probably more pressure than any of us, Commissioner -- in that his district never really gets Community Development dollars because they didn't qualify for CD (Community Development) dollars historically before the City became citywide, and there's just a whole series of things, and so I mean, I can say this not because it's about my district, but I do think it's really important that there be significant projects, like we went to in Commissioner Gonzalez' district in other day, and I commend Commissioner Gonzalez, again, for the Antonio Maceo Park and the whole staff in getting that. That was a very beautiful monument and a very beautiful salute by the City, and on and on and on. The Police Department did a great job with the color guard and all of that, but I think it's really important that all of the communities see parks -- and I'm really -- I mean see projects, shovels, and I'm very concerned about Commissioner Regalado's district as well, 297 May 22, 2003 and I can say that because he hadn't said anything to me about it, but I just know that that's the cycle of time that we're in, and I just hope your staff is sensitive to that. Mr. Arriola: Very sensitive, you know, and we're working real hard. As a matter of fact, my only problem with Commissioner Regalado was that we started a couple of projects and I forget to put signs up saying, "these are -- Vice Chairman Teele: Are they up now Mr. Arriola: -- City of Miami." Vice Chairman Teele: Are they up now? Mr. Arriola: We're taking care of it. They'll be -- if they're not on now, they'll be on in the next couple days. Commissioner Regalado: But -- Vice Chairman Teele: Mr. Manager -- Commissioner Regalado: -- Mr. Manager. Vice Chairman Teele: Please, please. I have the floor. Commissioner Regalado: Would you yield one second? Vice Chairman Teele: No. Commissioner Regalado: Mr. Manager. Vice Chairman Teele: No, I'm not -- no. Commissioner Regalado: Don't get me started on this. Vice Chairman Teele: I don't want to get you started. That's why I'm -- but because you've made the statement publicly before, and the only thing that I wanted to just say to the management is that on the day this Commission passed the resolution approving the bonds, within 48 hours there were signs from the City paint shop -- Mr. Arriola: I know that. Vice Chairman Teele: -- all over this City, and I think all of us that were here remember the fact that we have a paint shop or a some kind of shop that is capable of getting signs out within a matter of 48 hours, and I would just encourage you to get whatever it out -- because he's making a very valid point about that. 298 May 22, 2003 Mr. Arriola: A very valid point, and believe me, I'm working on it. To be honest with you, that was an oversight. I'm trying to get jobs on the road, and I didn't even think about that, but now -- Chairman Winton: But thank -- Mr. Arriola: -- that Commissioner Regalado -- Vice Chairman Teele: But his business is -- Mr. Arriola: -- brought it up -- Vice Chairman Teele: His business is -- Mr. Arriola: I know that, and I know that very well now. He reminded me, and I'm going to make sure that that happens. Chairman Winton: But thank you for admitting that. Mr. Arriola: Yes. Vice Chairman Teele: Exactly. Chairman Winton: No BS; just straight to the point. Vice Chairman Teele: Straight to the point. Chairman Winton: Sorry, I didn't get it done. Mr. Arriola: I did. Vice Chairman Teele: Commissioner Gonzalez, you're recognized. Commissioner Regalado: Yeah, yeah, but these are not the major projects, you know that. Commissioner Sanchez: See, you got him started. Commissioner Regalado: These -- this have nothing to do with what the Commission approved, and the only major project, which is 16th Terrace -- thank you very much, but I will not (INAUDIBLE) -- see, I told you, don't get me started. Vice Chairman Teele: Well, don't, don't. Let's just end this nice and sweet and -- Commissioner Regalado: Why? Vice Chairman Teele: Why don't you just gone -- 299 May 22, 2003 Chairman Winton: Because we're having fun. Vice Chairman Teele: Why don't you guys go out and have a hot dog. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: Thank you, Mr. Chairman. Yeah, I have a resolution of the City of Miami Commission accepting the bid of Marlin Engineering Corporation, the lowest and responsive and responsible bidder present to -- person to the invitation for bid, dated April 28,2003, for the project entitled "Allapattah CD Street Improvement B-4620," in the amount of $524,274; allocating funds from capital improvement project number 341321 in the amount of $456,000, and project number 352216, in the amount of $100,000 as appropriated by the Annual Appropriation and Capital Improvement ordinance, as amended, in the amount of $524,274 for the contract costs, and $31,726 for expenses, for a total estimated cost of $556,000, and authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney for said purposes, so move. Vice Chairman Teele: Is there a second? Chairman Winton: Second. Vice Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-622 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF MARLIN ENGINEERING, CORP., IN THE AMOUNT OF $524,274, FOR THE PROJECT ENTITLED "ALLAPATTAH CD STREET IMPROVEMENT B-4620;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NOS. 341321 AND 352216, IN THE AMOUNT OF $456,000, AND $100,000, RESPECTIVELY, TO COVER THE CONSTRUCTION CONTRACT COST, IN THE AMOUNT OF $524,274, AND FUNDS IN THE AMOUNT OF $31,726, TO COVER THE ESTIMATED EXPENSES INCURRED BY THE CITY, FOR AN ESTIMATED TOTAL COST OF $556,000, AS SET FORTH ON THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES 300 May 22, 2003 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Commissioner Gonzalez: Great. What harmony. Second. Chairman Winton: No. Just kidding. Commissioner Gonzalez: You're a bad boy. Chairman Winton: Just kidding. 53. ACCEPT BID OF MARLIN ENGINEERING CORPORATION FOR PROJECT ENTITLED: "ALLAPATTAH STREET REBUILDING AND STORM SEWER B-4626 AND B-5653", ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 341200, $117,065, PROJECT NO. 341321, $44,923.55, AND PROJECT NO. 352214 $93,400, TOTAL ESTIMATED COST $255,388.55. Commissioner Gonzalez: A resolution of the City of Miami Commission accepting the bid of Marlin Engineering Corporation, the lowest responsible bid -- wait a minute. Is this the same thing? You gave me two? No? OK. I say, oh. All right. A resolution of the City of Miami Commission accepting the bid of Marlin Engineering Corporation, the lowest responsive and responsible bidder person to invitation for bid, dated April 28, 2003 for the project entitled "Allapattah Street Rebuilding and Storm Sewer B-4626 and B-5653," in the amount of $222,077; allocating funds from capital improvement project number 341200, in the amount of $117,065; project number 341321, in the amount of 44,923.55, and project number 352214, in the amount of $93,400 as appropriated by the Annual Appropriation and Capital Improvement ordinance, as amended, in the amount of $222,700 for the contract costs, and $33,311.55 for expenses, for a total estimated cost of $255,388.55, and authorizing the City Manager to execute an agreement in a form acceptable to the City Attorney for said purposes, so moved. Vice Chairman Teele: Is there a second? Chairman Winton: Second. Vice Chairman Teele: Is there objection? All in favor, say "aye." 301 May 22, 2003 The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 03-623 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF MARLIN ENGINEERING CORP., FOR THE PROJECT ENTITLED: "ALLAPATTAH STREET REBUILDING AND STORM SEWER, B-4626 AND B-5653," IN THE AMOUNT OF $222,077, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. 341200, IN THE AMOUNT OF $117,065, 341321, IN THE AMOUNT OF $44,923.55, AND 352214, IN THE AMOUNT OF $93,400, IN A TOTAL AMOUNT OF $222,077 FOR THE CONTRACT COST, PLUS $33,311.55 FOR EXPENSES INCURRED BY THE CITY, FOR TOTAL ESTIMATED COST OF $255,388.55 AS SET FORTH ON THE DEPARTMENT OF CAPITAL IMPROVEMENTS PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES. Upon being seconded by Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 302 May 22, 2003 54. AUTHORIZE MANAGER TO TERMINATE AGREEMENT WITH CATERING BY DAVID LYNN, INC., CONCESSIONAIRE, FOR PROVISION OF FOOD AND BEVERAGES AT ORANGE BOWL STADIUM; RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING, WANE REQUIREMENTS FOR COMPETITIVE BINDING PROCEDURES AND AWARD CONCESSION AGREEMENT TO BOSTON CONCESSION GROUP, INC. TO REPLACE CURRENT CONCESSIONAIRE. Commissioner Gonzalez: And I have another resolution authorizing -- Commissioner Sanchez: Well, you could read it, go ahead. Commissioner Gonzalez: You want to do it? Commissioner Sanchez: No. Vice Chairman Teele: Commissioner Sanchez, go ahead. Commissioner Gonzalez: Go ahead. Joe Arriola (City Manager): You can have them all (UNINTELLIGIBLE). Commissioner Sanchez: All right. It's -- Unidentified Speaker: Go ahead. Commissioner Sanchez: Vice Chairman, it's a resolution of the City of Miami Commission, with attachments, authorizing the City Manager to terminate the agreement with Catering by David Lynn, Inc., Concessionaire, for the provision of food and beverages at the Orange Bowl Stadium; further by a four -fifth affirmative vote ratifying, approving, and confirming the City Manager's finding that a valid emergency exists, waiving the requirements for competitive binding procedures, and awarding a concession agreement under substantially the terms set forth in Attachment B, attached and incorporated to Boston Concession Group, Inc., to replace the current concessionaire, and what was the emergency? Vice Chairman Teele: The emergency is the soccer games and all that stuff that's -- Joe Arriola (City Manager): Yes. Christina Abrams (Director, Public Facilities): The emergency is we've terminated the existing concessionaire. We have six coming soccer matches for the Gold Cup and six other soccer -- Commissioner Sanchez: And the reason is, he hasn't been paying? Ms. Abrams: He hasn't been paying, right. Commissioner Sanchez: So moved. 303 May 22, 2003 Commissioner Gonzalez: Second. Chairman Winton: Aye. Vice Chairman Teele: Discussion on the item. Is this -- Commissioner Gonzalez: I think they all -- Vice Chairman Teele: -- a City of Miami company, Boston -- Ms. Abrams: No. Boston Concessions, Inc. provides concession services for Pro Player Stadium, and -- Vice Chairman Teele: I'm well aware of them. They're a very high class, very good company -- Ms. Abrams: They were selected -- Vice Chairman Teele: -- but I'm just listening to Mayor's State of the City, and you know, somewhere along the line, the rhetoric and the reality have to try to come together. I'm not criticizing it, but I do know that there may be one or two local companies that may be able to do the work, and I just think, again -- as an emergency, I don't object to it, but I would hope that we would reach out to local firms consistent with what the Mayor's State of the City said, and I think we need to get a copy of the Mayor's State of the City and send it out to the department heads, as well as to all of us, because we never get a copy of it, and otherwise, these things just wind up being words. Ms. Abrams: Just for the record -- Mr. Arriola: This is very temporary. This is -- you know, we have an issue. We need to address it -- I think it's 90 days? Ms. Abrams: Correct. Mr. Arriola: -- and they're the only ones that really came forward and took care of our problem in 90 days, but we are -- Vice Chairman Teele: Your name for the record, by the way? Ms. Abrams: Christina Abrams, director of Public Facilities. I would just like to put in the record that Boston Concessions bid 40 percent of gross revenues in the City of Miami. Vice Chairman Teele: It's clearly stated in the resolution, and again, I commend the Manager for moving promptly. I just think we ought to keep in mind -- Mr. Arriola: Yeah. 304 May 22, 2003 Vice Chairman Teele: -- the effort to get locals involved. The question has been called. Commissioner Sanchez: Here, here. Vice Chairman Teele: All those -- Commissioner Sanchez: Here, here. Vice Chairman Teele: This requires a four -fifth vote. Is there any opposition? All in favor, say LL " aye. The Commission (Collectively): Aye. Vice Chairman Teele: All opposed? Unanimous vote of 5/0. The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 03-624 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO TERMINATE THE AGREEMENT WITH CATERING BY DAVID LYNN, INC., (CONCESSIONAIRE) FOR THE PROVISION OF FOOD AND BEVERAGES AT THE ORANGE BOWL STADIUM; FURTHER, BY A FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT A VALID EMERGENCY EXISTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND AWARDING A CONCESSION AGREEMENT, UNDER SUBSTANTIALLY THE TERMS SET FORTH IN "ATTACHMENT B," ATTACHED AND INCORPORATED, TO BOSTON CONCESSIONS GROUP, INC., TO REPLACE THE CURRENT CONCESSIONAIRE. 305 May 22, 2003 Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. 55. CLARIFICATION BY CITY ATTORNEY REGARDING LOCAL AGENCY PROGRAM AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR DESIGN OF PROJECT ENTITLED `BICENTENNIAL PARKBISCAYNE BOULEVARD — PEDESTRIAN FACILITIES AND AMENITIES" (See #51). Chairman Winton: Mr. Chairman, could we get -- and I think the ordinance is ready -- Vice Chairman Teele: Is the ordinance ready? Chairman Winton: -- on "D" -- on my blue sheet. Alejandro Vilarello (City Attorney): Before we get to that, your blue page Item 2F, I'd like just to make sure for the record that there was a substitute resolution, with attachments, that went together with that, and it was not what appeared in the package -- Vice Chairman Teele: It's clarified for the record. Mr. Vilarello: -- in the agenda package. 56. FIRST READING ORDINANCE: AMEND ORDINANCE NO. 12190, AND APPROPRIATE ADDITIONAL FUNDS TO SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT — METROMOVER REALIGNMENT IN DOWNTOWN MIAMI", $1,300,000, CONSISTING OF TRANSPORTATION OUTREACH PROGRAM GRANT FROM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR PURPOSE OF PREPARING FINAL DESIGN TO ADDRESS TRANSIT REALIGNMENT AND TRAFFIC REDIRECTION WITHIN PROJECT STUDY AREA. (See #50) Alejandro Vilarello (City Attorney): With re -- Vice Chairman Teele: We have a motion and a second. Mr. Vilarello: On 2E. 306 May 22, 2003 Vice Chairman Teele: The City Attorney is reading the ordinance. The Ordinance was read by title into the public record by the City Attorney. Vice Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12190, AND APPROPRIATING ADDITIONAL FUNDS TO THE SPECIAL REVENUE FUND ENTITLED "DUPONT PLAZA PROJECT — METROMOVER REALIGNMENT IN DOWNTOWN MIAMI", IN THE AMOUNT OF $1,300,000, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OUTREACH PROGRAM TO PREPARE THE FINAL DESIGN TO ADDRESS TRANSIT REALIGNMENT AND TRAFFIC REDIRECTION WITHIN THE PROJECT STUDY AREA; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Chairman Winton, seconded by Commissioner Sanchez, and was passed on first reading, by title only, by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Ms. Thompson: The ordinance -- Vice Chairman Teele: I yield back to you, Mr. Chairman. Ms. Thompson: -- is passed on first reading, 5/0. Chairman Winton: Thank you. 307 May 22, 2003 57. DESIGNATE COMMISSIONER JOE SANCHEZ TO STUDY AND RECOMMEND WHAT SALARY, BENEFITS AND LOCATION OF OFFICES FOR AUDITOR GENERAL SHOULD BE; DIRECT MANAGER TO PROVIDE ADEQUATE TECHNICAL STAFF WITH EXPERTISE TO PERFORM NATIONAL SALARY AND BENEFITS SURVEY FOR SIMILAR POSITIONS IN SIMILAR CITIES, AND SUPPORT COMMISSIONER SANCHEZ IN THIS ENDEAVOR. Chairman Winton: And, apparently, we need to appoint a member of this board to negotiate the salary with the newly created Office of -- what is it called? -- Office of Independent Auditor. Vice Chairman Teele: Auditor General. Chairman Winton: Yeah, Auditor General. Commissioner Sanchez. Commissioner Sanchez: No, sir, don't look at me. (INAUDIBLE). Vice Chairman Teele: Mr. Chairman. Chairman Winton: Yes, sir. Vice Chairman Teele: I think it has to be Commissioner Sanchez -- Commissioner Sanchez: No, sir. Vice Chairman Teele: -- for a lot of reasons, but the fact of the matter is is salary and other -- the package -- and I think there is also an issue about location of offices and all of that. Somebody needs to look at this thing and make a determination, and again -- Chairman Winton: But frankly, in order to do a good job, if any of us had to do this, we need someone -- staff resource to do a salary survey of like positions around the United States, and there are similar positions around the United States, to figure out what kind of package those positions get in like size and complex environments as ours, and without that information, we're just kind of -- I'll let you determine whatever that is, but that's -- so we need that kind of help, and it seems to me that we need -- could use the help of somebody from City staff that could do the salary survey for us, or absent that, we'd have to hire someone who can do that kind of salary survey for us, and since it's a City Commission responsibility -- Commissioner Sanchez: Well, I could do it, as long as I get staff support. Chairman Winton: No, and I recognize why you couldn't do it. You can't do it alone. Commissioner Sanchez: No. Chairman Winton: Neither can I -- none of us could alone. Commissioner Sanchez: Yeah, I'm as busy as it is, you know, trying to earn a dollar outside -- 308 May 22, 2003 Vice Chairman Teele: Yeah. Chairman Winton: Well, even if you're not busy, you don't have to -- Vice Chairman Teele: I think it's important -- Commissioner Sanchez: -- this City. Vice Chairman Teele: -- to the Manager, and to the Attorney, and the Clerk, I think it's important that a City Commissioner be responsible for it; otherwise, we're abrogating our responsibility. We, as a City board of directors, are responsible for three individuals: We're responsible for the City Attorney, we're responsible for the City Clerk, and we're responsible for the Auditor General, and to ask the City Attorney -- or the City Manager to do it, I think, would be not the right way to do it. On the other hand, this cannot be done without the full support of the Manager's Office, and the personnel, or the work -- the Labor Relations, and I think, you know, we have to ask the Manager to fully support that effort, but I think Commissioner Sanchez, given the fact that, you know, you've demonstrated a lot of interest in the budgetary and the accounting process, I think it would just be appropriate if you would. Chairman Winton: And Mr. Manager, would you appoint staff to -- Commissioner Sanchez: Well, that's -- Johnny, I want to get to that. I mean, I -- Chairman Winton: Yeah. Commissioner Sanchez: -- really appreciate it, you guys -- Joe Arriola (City Manager): Absolutely, no problem. Commissioner Sanchez: -- entrusting this responsibility on me, which I'm, you know, proud to do it, but once again, I want to make sure that, you know, I am provided the appropriate staff to do it -- Chairman Winton: We will -- Commissioner Sanchez: -- because I don't have the appropriate staff to do it. Chairman Winton: I would like to -- someone to introduce a resolution that directs the City Manager to appoint the appropriate technical staff and expertise to do a national salary survey -- benefit survey for like positions and like cities with the same complexities that's we may have. Vice Chairman Teele: So moved. Chairman Winton: I have a motion -- 309 May 22, 2003 Commissioner Gonzalez: Second. Chairman Winton: -- and a second. Discussion. Being none, all in favor, "aye." The Commission (Collectively): Aye. Chairman Winton: Like sign, opposed. The motion carries. The following motion was introduced by Vice Chairman Teele, who moved for its adoption: MOTION NO. 03-625 A MOTION DESIGNATING COMMISSIONER JOE SANCHEZ TO STUDY AND RECOMMEND WHAT THE SALARY, BENEFITS AND THE LOCATION OF OFFICES FOR THE AUDITOR GENERAL SHOULD BE; FURTHER DIRECTING THE CITY MANAGER TO PROVIDE ADEQUATE TECHNICAL STAFF WITH EXPERTISE TO PERFORM A NATIONAL SALARY AND BENEFITS SURVEY FOR SIMILAR POSITIONS IN SIMILAR CITIES, AND TO FURTHER SUPPORT COMMISSIONER SANCHEZ IN THIS ENDEAVOR. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Tomas Regalado Commissioner Joe Sanchez NAYS: None. ABSENT: None. Chairman Winton: There you go, Commissioner Sanchez. You are now appointed. Thank you for willing to serve. Commissioner Sanchez: I don't know whether to thank you or -- Commissioner Gonzalez: Congratulations. 310 May 22, 2003 58. DEFERRED: DISCUSSION CONCERNING MIAMI FIRE DEPARTMENT'S DISASTER MANAGEMENT AND PUBLIC AFFAIRS DIVISION AND DISCUSSION CONCERNING PART-TIME CITY OF MIAMI EMPLOYEES. Chairman Winton: And anything else? Let's go home. Commissioner Gonzalez: Let's go home. Joe Arriola (City Manager): No, wait. You got one -- Commissioner Gonzalez: Good night. Mr. Arriola: -- more issue. Chairman Winton: What? Mr. Arriola: Twenty-one. Commissioner Regalado: Mr. Chairman, I have -- I still have three items in the blue page, but I would leave it for the next available meeting, asking you to, if possible, do it in the morning, in the next session. Chairman Winton: Yes, sir, I absolutely. 59. RESCIND RESOLUTION NO. 02-449 AND BID AWARDED TO METRO-DADE K-9 GUARD DOG SERVICES AND POLICE SERVICE DOGS, INC., FOR PROVISION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING FOR DEPARTMENT OF POLICE. Vice Chairman Teele: Mr. Chairman, for the purpose of discussion, I move approval of Item 21. Chairman Winton: We need -- we have a motion. Need a second for discussion. Vice Chairman Teele: For discussion. Chairman Winton: Twenty-one. Commissioner Gonzalez: I second it for discussion. Chairman Winton: Thank you. Discussion. Vice Chairman Teele: Commissioner Regalado, you had held that item, Item 21. Chairman Winton: I don't even -- Commissioner Regalado: Twenty-one? 311 May 22, 2003 Chairman Winton: Well, refresh our memory. Commissioner Regalado: The K-9? Commissioner Gonzalez: Yes. Chairman Winton: What is the item? Commissioner Regalado: No. It was (UNINTELLIGIBLE). Chairman Winton: Would y'all tell us what the item is real quickly? None of our books are here. Vice Chairman Teele: (UNINTELLIGIBLE) Johnny? Commissioner Regalado: No, Angel. Vice Chairman Teele: Oh, Angel. Chairman Winton: Would y'all please tell us what -- Commissioner Gonzalez: Where is it? Chairman Winton: -- the item is? We don't have our books here. Glenn Marcos (Director, Purchasing Department): Item 21. Commissioner Regalado: The dogs. Chairman Winton: I know the number. Commissioner Regalado: The dogs. Vice Chairman Teele: The K-9 dogs. Commissioner Regalado: Dogs, dogs. Mr. Marcos: Police service dogs. Commissioner Sanchez: Who let the dogs out? Chairman Winton: What is it? Commissioner Gonzalez: Who let the dogs out? 312 May 22, 2003 Mr. Marcos: We're terminating the contract -- Commissioner Sanchez: Who let the dogs out? Chairman Winton: For what? Mr. Marcos: -- for police service dogs. Chairman Winton: OK, so someone -- Vice Chairman Teele: Commissioner Gonzalez -- Commissioner Gonzalez: Yes, sir. Vice Chairman Teele: -- I think, had some concerns. Mr. Marcos: We have identified -- Commissioner Gonzalez: I moving for the item. Mr. Marcos: I'm sorry. Vice Chairman Teele: You've identified what? Chairman Winton: He's waiting for -- Mr. Marcos: Glenn Marcos, Purchasing Director. We have identified the actual need to restructure the actual contract whereby we're going to put the actual quality of the police service dogs first, and then pricing will be the second determining factor. Commissioner Sanchez: Good luck with the dogs. Chairman Winton: Discussion. Commissioner Gonzalez: Yeah. Why are we canceling this company? Mr. Marcos: Once again, we're looking into restructuring the actual contract. Right now, the way the actual contract works is that pricing is the determining factor, and we want to put the quality first and then pricing second. Chairman Winton: Whatever that means. Commissioner Gonzalez: So quality isn't good? Mr. Marcos: Exactly. 313 May 22, 2003 Commissioner Gonzalez: And we're just finding that out or -- Mr. Marcos: We want to improve on the actual quality of the police service dogs. Commissioner Gonzalez: Pardon me? Mr. Marcos: We want to improve on the actual quality of the police service dogs. Commissioner Gonzalez: OK. I -- the reason that this caught my attention is the fact that I heard on the news on Channel 4 last night about a police officer that is suing the department or the City on a Whistle Blower case related to K-9. This guy made an allegation about -- something about contracts with K-9 companies and all of that, and the guy was transferred out of K-9 to patrol, and then the guy went and turned around and sued the City on a Whistle Blower case, so that caught my attention. Mr. Manager, you and I discussed this yesterday, and what I want to make sure is that we're doing the RFP (Request for Proposals) or the procurement that is done, you know, according to rules, and also because the company that we have now is a Hispanic Dade County vendor, right? Ms. Marcos: We have two of them. Commissioner Gonzalez: And also, a female -- Ms. Marcos: Metro -Dade K-9 is a Hispanic Dade County vendor -- Commissioner Gonzalez: Also, a female, which is another minority. Mr. Marcos: -- and that's police service dogs. Commissioner Gonzalez: I want -- you know, I want to make sure that we take in serious consideration minorities. OK, Mr. Chairman, that's end of discussion. Vice Chairman Teele: Now, is this going to be -- will a Chihuahua have an equal opportunity to be -- Commissioner Gonzalez: No, no, they have to be -- Mr. Marcos: If it's a good quality dog. Chairman Winton: OK. All in favor -- we have a motion and a second. Commissioner Regalado: So, I just got -- I just have a question. Commissioner Gonzalez: You know what? Excuse me. Maybe we can hire the guy that sent me the letter this morning. That would be -- he would be a good K-9, you know. Chairman Winton: That's his -- 314 May 22, 2003 Commissioner Gonzalez: Yeah. Commissioner Regalado: I just have a question. The dogs area very important part of the police work, so quality does come first. Are we going to do that with the cars, too, with the uniforms, and the weapons; forget about price and do the quality first? Mr. Marcos: As far as that's concerned, we can develop better specifications for that, in which the actual specifications will determine good quality. Commissioner Regalado: So, price does matter? Mr. Marcos: Price will matter, but the actual specifications will call for quality. Commissioner Regalado: Will or will not? Mr. Marcos: Price will matter. Commissioner Regalado: So, you want quality and good price? Mr. Marcos: And the specifications will call for those -- for that quality. Commissioner Regalado: How do you going to get that? Mr. Marcos: Excuse me? Commissioner Regalado: How do you going to get that? Chairman Winton: Is there a reason -- Mr. Marcos: We do market research -- first of all, we do market research on the actual uniforms, and then based upon that market research, the specifications will call for good quality. Mr. Arriola: Commissioner Regalado, we have five great Commissioners who have very little money, so that kind of proves that you can get quality for a little money. Chairman Winton: We have a motion on the floor and a second. Do we have any other conversation on that issue? If not, all in favor, "aye." Commissioner Regalado: No. Chairman Winton: Like signed, opposed. The motion carries. Thank you. 315 May 22, 2003 The following resolution was introduced by Vice Chairman Teele, who moved for its adoption: RESOLUTION NO. 03-626 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 02-449, IN ITS ENTIRETY, AND THE BID AWARDED TO METRO-DADE K-9 GUARD DOG SERVICES AND POLICE SERVICE DOGS, INC., PURSUANT TO SAID RESOLUTION, FOR THE PROVISION OF POLICE SERVICE DOGS AND SUPPLEMENTAL TRAINING FOR THE DEPARTMENT OF POLICE. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Johnny L. Winton Vice Chairman Arthur E. Teele, Jr. Commissioner Angel Gonzalez NAYS: Commissioner Tomas Regalado ABSENT: Commissioner Joe Sanchez Chairman Winton: Thank you. We are going home. Good night. 316 May 22, 2003 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 9:20 P.M. Attest: Priscilla A. Thompson CITY CLERK ' MF. MANUEL A. DIAZ MAYOR 317 May 22, 2003