Loading...
HomeMy WebLinkAboutCC 2002-10-29 MinutesMINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 29th day of October 2002, the City Commission of Miami, Florida, met at the Manuel Artime Center, 900 Southwest 1 Street, Miami, Florida, with all members present. The meeting was called to order at 9:51 a.m. by Chairman Tomas Regalado with the following members of the Commission found to be present: Commissioner Angel Gonzalez (District 1) Vice Chairman Johnny L. Winton (District 2) Commissioner Joe Sanchez (District 3) Chairman Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: City Manager Carlos Jimenez City Attorney Alejandro Vilarello City Clerk Priscilla A. Thompson Assistant City Clerk Sylvia Scheider October 29, 2002 1. HISPANIC HERITAGE MONTH: PROCLAMATIONS COMMENDATIONS: ELOY VAZQUEZ, JORGE MORENO, LUIS FELIPE MARSANS, ELENA CARPENTER, RUBEN VALDES, JESUS LOPEZ, JULIO REBULL, SR., LUIS FELIPE MARSANS. Note for the Record: Prior to formally convening, the following presentations were made: PRESENTATIONS & PROCLAMATIONS NAME OF HONOREE PRESENTER HISPANIC HERITAGE MONTH ELOY VAZQUEZ JORGE MORENO LUIS FELIPE MARSANS ELENA CARPENTER RUBEN VALDES JESUS LOPEZ JULIO REBULL, SR. LUIS FELIPE MARSANS REINALDO LEON 2. ORDER OF DAY PROTOCOL ITEM MAYOR DIAZ PROCLAMATION MAYOR DIAZ COMMENDATION MAYOR DIAZ COMMENDATION CHAIRMAN REGALADO COMMENDATION VICE CHAIRMAN WINTON COMMENDATION COMMISSIONER GONZALEZ COMMENDATION COMMISSIONER SANCHEZ COMMENDATION COMMISSIONER TEELE COMMENDATION CHAIRMAN REGALADO COMMENDATION COMMISSIONER SANCHEZ COMMENDATION Chairman Regalado: We have some announcements. We have a CRA (Community Redevelopment Agency) meeting at 2:00 P.M. and we have time certain items that members of the Commission requested. At 4:45 P.M. we have the Gibson Park bleachers. That's a time certain; 5 P.M. we have a time certain for the Old Miami High bungalow; 6 P.M. we have a time certain for a report about traffic. Commissioner Winton requested that; 7 P.M. we have a time certain for a PZ item. It's on, I believe, in Commissioner Winton's district or Commissioner Teele's district. It's a school an appeal and my office had many requests for residents who wanted to be here, wanted to know, last week, not knowing that one item had been withdrawn. Then we told them 7 P.M, so, we figured that we will be able to do all of the PZ's by 7:30. Commissioner Winton needs to leave at around 7:30 tonight. Hopefully we are going to run in Hispanic time, because it's Hispanic Heritage week, so Johnny you may be able to leave here around 10, so -- Vice Chairman Winton: Particularly at the rate we're going. Chairman Regalado: Right. Carlos Gimenez (City Manager): Mr. Chairman? Chairman Regalado: Yeah. Mr. Gimenez: We'd like to withdraw Item 20. We received a letter indicating that the individual is withdrawing his offer; so therefore, there's no reason to discuss Item 20. 2 October 29, 2002 Chairman Regalado: Item 20 has been withdrawn. Also Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes sir? Commissioner Gonzalez: On Item 20, I don't know. Do we need a motion to withdrawn Item 20? Chairman Regalado: No. Commissioner Gonzalez: We don't? Ok. Chairman Regalado: We don't. Commissioner Gonzalez: Item 12 Chairman Regalado: Do you want oh, excuse me. Do you want to make any statement now or at six, just in case Commissioner Gonzalez: No, I would like to make some statements at 6 P.M. Chairman Regalado: Ok. Commissioner Gonzalez: I want to make sure that even though the items were withdrawn. I'm expecting some people are going to be here personally and I'd like to reserve some time at six so I can make statements in the matter. Chairman Regalado: Ok. So we will reserve some time at six, and then we'll proceed immediately with a time certain for Commissioner Winton. Commissioner Gonzalez: Thank you, Mr. Chairman. 3. CONSENT AGENDA Chairman Regalado: The CA -5 has been withdrawn prior to distribution of the agenda, and that's it. Does anyone from the Commission have any items that they wish to withdraw from the Consent Agenda? Vice Chairman Winton: Move the Consent Agenda. Commissioner Gonzalez: Second. 3 October 29, 2002 Chairman Regalado: Ok. We have a motion and a second on the Consent Agenda. This is a public hearing. Anybody from the public who wishes to make a comment on the Consent Agenda? Commissioner Sanchez: Call the question. Chairman Regalado: Now we close the public hearing. Anybody from the Board wishes to make a comment? If not, we'll call the question. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes, the Consent Agenda. 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 VICE CHAIRMAN WINTON AND SECONDED BY COMMISSIONER GONZALEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None 4 October 29, 2002 3.1 ACCEPT BID OF RD WINDOW & CARPET CLEANING, INC. TO PROVIDE CUSTODIAL SERVICES FOR 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, $819,576. RESOLUTION 02-1155 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF RD WINDOW & CARPET CLEANING, INC., (BLACK/MIAMI- DADE COUNTY VENDOR, 1110 N.E. 163RD STREET, SUITE 7, NORTH MIAMI BEACH, FLORIDA) TO PROVIDE 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 THE AUTO POUND, FOR A PERIOD OF ONE YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $273,192, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR A TOTAL CONTRACT VALUE OF $819,576; ALLOCATING FUNDS FROM GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.340. 3.2 AUTHORIZE CONTRIBUTION, $45,000, TO DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM; ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND. RESOLUTION 02-1156 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CONTRIBUTION, IN AN AMOUNT NOT TO EXCEED $45,000, TO THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690003, AS APPROVED BY THE CHIEF OF POLICE, IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING." 5 October 29, 2002 3.3 AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR PROJECT ENTITLED "RENOVATIONS AND REPAIRS PROJECT #B3282, ID #17967," TO IMPROVE AND UPGRADE WATER AND SEWER SYSTEM AT VIRIGINA KEY BEACH PARK. RESOLUTION 02-1157 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, FOR THE PROJECT ENTITLED "RENOVATIONS AND REPAIRS PROJECT #B3282, ID #17967," TO IMPROVE AND UPGRADE THE WATER AND SEWER SYSTEM AT VIRIGINA KEY BEACH PARK. 3.4. AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF O' CONNOR, CHIMPOULIS, ET AL. FOR REPRESENTATION OF CITY IN CASE OF ANGEL ALVAREZ VS. CITY, ET AL. $25,000; ALLOCATE FUNDS FROM SELF-INSURANCE AND INSURANCE TRUST FUND. RESOLUTION 02-1158 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF O'CONNOR, CHIMPOULIS, ET AL. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ANGEL ALVAREZ VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 00 -2151 -CIV -JORDAN, IN THE AMOUNT OF $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. 6 October 29, 2002 3.5 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF LEIBOWITZ AND ASSOCIATES INC., TO PROVIDE LEGAL SERVICES REGARDING (A) CURRENT CABLE TELEVISION LICENSEE'S TRANSFER OF PARENT ENTITIES FROM AT&T TO COMCAST, (B) IMPOSITION AND COLLECTION OF FINES ASSOCIATED WITH SYSTEM REBUILD BY CURRENT CABLE TELEVISION LICENSEE, AND (C) RESOLUTION OF EXISTING CUSTOMER SERVICE VIOLATIONS, $20,000. RESOLUTION 02-1159 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF LEIBOWITZ AND ASSOCIATES INC., TO PROVIDE LEGAL SERVICES REGARDING (A) THE CURRENT CABLE TELEVISION LICENSEE'S TRANSFER OF PARENT ENTITIES FROM AT&T TO COMCAST, (B) THE IMPOSITION AND COLLECTION OF FINES ASSOCIATED WITH THE SYSTEM REBUILD BY THE CURRENT CABLE TELEVISION LICENSEE, AND (C) RESOLUTION OF EXISTING CUSTOMER SERVICE VIOLATIONS, WITH LEGAL FEES CAPPED AT $20,000 FOR ALL OF THE FOREGOING SERVICES; ALLOCATING FUNDS FOR SAID LEGAL SERVICES FROM ACCOUNT CODE NO. 001000.920205.6.250. 3.6 AUTHORIZE CONTINUED ENGAGEMENT OF LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF CITY, IN MATTER OF DONALD H. WARSHAW V. CITY; $25,000. RESOLUTION 02-1160 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI, IN THE MATTER OF DONALD H. WARSHAW V. THE CITY OF MIAMI, A MUNICIPAL CORPORATION, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 00-11244 CA 04; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 7 October 29, 2002 3.7 AUTHORIZE MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH MGT OF AMERICA, INC., TO PROVIDE POLICE RESOURCE ALLOCATION STUDY ON LAW ENFORCEMENT ENVIRONMENT, ORGANIZATIONAL STRUCTURE, MANAGEMENT PRACTICES, STAFFING AND SUPPORT RESOURCES, $325,000. RESOLUTION 02-1161 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MGT OF AMERICA, INC., SELECTED AS A RESULT OF THE COMPETITIVE SELECTION PROCESS TO PROVIDE A POLICE RESOURCE ALLOCATION STUDY ON THE LAW ENFORCEMENT ENVIRONMENT, ORGANIZATIONAL STRUCTURE, MANAGEMENT PRACTICES, STAFFING AND SUPPORT RESOURCES, FOR AN INITIAL PERIOD OF SEVEN MONTHS, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL THREE MONTHS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $325,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311047. 4. COMMENDATIONS TO EAST LITTLE HAVANA PROBLEM TEAM: OFFICER G. ALEMAN, OFFICER J. FUNDORA, SERGEANT J. GRANADO, OFFICER J. P. GUILLOT, OFFICER J. KENNEDY, OFFICER J. MCCRINK, OFFICER O. MERCED, POLICE DEPARTMENT. SALUTE TO REINALDO LEON, EAST LITTLE HAVANA VOLUNTEER. NO VETOES FROM MAYOR Note for the Record: The following presentations were made: OFFICER G. ALEMAN OFFICER J. FUNDORA SERGEANT J. GRANADO OFFICER J. P. GUILLOT OFFICER J. KENNEDY OFFICER J. MCCRINK OFFICER O. MERCED POLICE DERPARTMENT COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ COMMISSIONER SANCHEZ COMMISSIONER GONZALEZ COMMENDATION COMMENDATION COMMENDATION COMMENDATION COMMENDATION COMMENDATION COMMENDATION COMMENDATION Chairman Regalado: Thank you Commissioner. Ok. There are no vetoes from the Mayor, so we'll proceed. 8 October 29, 2002 5. DIRECT MANAGER TO INSTRUCT FIRE AND POLICE DEPARTMENTS TO REDUCE FEES FOR SERVICES RELATED TO CARIBBEAN REGGAE FEST, TO BE HELD AT VIRGINIA KEY BEACH ON NOVEMBER 10, 2002; WAIVE $1500 OF WAIVEABLE FEES WITH CONDITION THAT PARKING SURCHARGE BE COLLECTED. Chairman Regalado: We have on the personal appearances Mr. Stanley Edwards, CEO (chief executive officer) of New Wave Entertainment to address the Commission concerning support for the Caribbean Reggae Festival held at Virginia Beach well, it will be held on November 10th, 2002. Mr. Edwards? George Crooks: Good morning. My name is George Crooks. I'm speaking on behalf of Mr. Edwards. I'm his Production Manager. Chairman Regalado: Go ahead. Mr. Crooks: Ok. Regarding November 10th, what we're asking from the Commission, in terms of that would like to get as much cooperation from fire, police and all the necessary departments in making this event a great event. One of the fees that we would like to ask waivered is the parking fees because, like I said, we need as much as we can to make the event happen, and if we can get like a 50 percent on the police and the fire department I don't know if that's possible but we'd ask the Commission to consider it, and, you know, one of the things that, you know, we're bringing about 3,000 tourists into, you know, the Miami area. We do a lot of events with the James L. Knight Center and other places in the City, so we'd like whatever you can to give us to make our event successful. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir? Commissioner Teele: I'd like to hear from Dr. Lynette This is in the Virginia Key Trust area, and I think we need to establish an informal protocol of hearing from them before we take any action. Lynette? Dr. Lynette Austin: Lynette Austin, Virginia Key Beach Park Trust. It is the policy of the trust, as we begin to take on the responsibility for managing events that are held at the park that we do not waive the use of the park fee for any activity, and that's just simply the use of the park fee for this event is $1,500. We feel very strongly about it. We have some concessions that we make for non-profit organizations, but it's not related to the fee itself. We believe that it's fair across the board and that we don't have to deal with things on a case-by-case basis, and, of course, that that money comes back for improvements to the park and all the resources that we can guard is very important. However, I'd like for you to give some serious consideration to those things with which we don't have any purview over, but under the purview of the Parks and Recreation Department and the fire and police department, in providing them with some assistance as possible. As you all know that the park is open only for special events and there are a lot of things that we would like to have in place that we don't have in place, and for those promoters 9 October 29, 2002 who feel and recognize that Virginia Key Beach is indeed a beautiful venue, and are using the park, even though it's not where it should be, I'd like for you all to give some serious consideration to providing them any and all assistance that you can. Thank you. Commissioner Teele: Is parking the specific request is to waive the parking surcharge. Is that Dr. Austin: I'll let Mr. Ruder speak specifically to the Parks and Recreation charges. Commissioner Sanchez: Ma'am, what was your name? I'm sorry. I didn't get it. Dr. Austin: Lynette Austin. Commissioner Sanchez: Ok, thank you. Albert Ruder: Thank you. Albert Ruder, Parks Director. I think he said parking, but maybe he meant park because there's parking involved also, but basically the fees are the park use fee, which is just a rental fee of $1,500 plus tax. If they were a non-profit they wouldn't have to pay the tax. There's a beer and wine permit of $350, which again, for them to sell beer, we need a permit through the state. There's concessions of $650. If they had vendors we just get a flat fee of $65 per vendor and then they keep everything else and then there's tax on data 4225. Then there's event staff parks event staff of $1,300 and there's the they wanted to use an area for parking which they would handle the parking. That would be $1,500. That all comes up to about $5,459.25. That's just the parks use fee, then there's police and fire, so just to give you an idea of what the park fees are, they're close to (UNINTELLIGIBLE). Commissioner Teele: I didn't understand the last thing you said. The parking. They would like to what? Mr. Ruder: The parking they would like to designate an area for parking and charge patrons for parking, so since there's going to be money made out of that, we also get a fee for that, which is a flat fee of Commissioner Teele: Over and above the parking surcharge? Mr. Ruder: Yes, yes. This is just a flat fee because they're going to be charging Commissioner Teele: How much is that fee? Mr. Ruder: Fifteen hundred dollars, flat fee for the day. Commissioner Teele: And what does the police and fire charge? Mr. Ruder: I believe they don't have that fee yet, because they haven't Mr. Crooks: I don't have a budget on that yet. 10 October 29, 2002 Mr. Ruder: They haven't met, but obviously that would have to be added to this budget. This is just a Parks Department budget. Commissioner Teele: Well, I'm encouraged to hear from the Virginia Key Trust, that they are taking some positive ownership and as a rule not recommending waiver of the park. You're not going to have a park if you don't generate revenue, so I'm encouraged about that. I would be prepared to ask the fire and police department to work with the vendor to determine how they can best minimize the cost and to provide the subsidy of $1,500 in waiver of fees; police and fire and the waiver of $1,500 in the parking fee. But the parking surcharge has to be collected. In other words Mr. Ruder: Right. Commissioner Teele: the parking surcharge we get. So they're going to pay to rent the space the $1,500 or whatever the park space but if they do that then I think we should give them a break. Because the idea is, we want to get more use of that facility. The more people you can bring there obviously you're going to bring them by car the better it is for the use of the facility, the better it is for the concessions, the better it is for all of that, and I see no reason why we should double dip, if you will, on the parking area that is a parking area if we're going to charge for the parking surcharge, so my motion would be to provide a $1,500 waiver of park, staff fees, but not the use of the park and $1,500 waiver as it relates to the space for the parking, but requiring that the parking surcharge be collected. I would so move. Commissioner Sanchez: Second. Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes, sir? Vice Chairman Winton: I heard something in the presentation. Is this a for-profit or not for- profit organization sponsoring this event? Mr. Crooks: It's a for-profit organization. Vice Chairman Winton: So, I thought that's what I heard, and frankly I'm not sure that Now Commissioner Teele there's a part of the argument that even for for-profit is rational, and that is, when you're trying to generate business for something, you don't necessarily charge the same fees when you're trying to get something up and running that you might charge when you are going otherwise. I think though that how we approach this and the message we put on the record is important for the future, because once this park's up and running, the for -profits needs to pay what it costs to make all this stuff happen. It shouldn't be a waiver coming out of the City, but we don't have a park that's heavily used and so there Commissioner Teele: And we don't have adequate restrooms 11 October 29, 2002 Vice Chairman Winton: That's right. Commissioner Teele: for instance, we don't have adequate Vice Chairman Winton: That's right, so the fee structure that we have in place probably is an inappropriate fee structure for a park that we're trying to generate services for, so it makes some sense to reduce this overall fee structure. I just want to make sure that we get it on the record that the reason we're doing it is for the purposes of generating business for the park, not providing a subsidy to a for-profit corporation. Commissioner Teele: And I would note, Johnny, that any number of promoters have gone out there and lost their hat. This is a difficult as beautiful as it is, as historic as it is, without the infrastructure Vice Chairman Winton: It's hard. Commissioner Teel: it's hard and I think we ought to try to encourage people to go there, especially from the historical context of what it is we're trying to do. But I do think that the fee structure that we have in place should remain, and you know, we should consider those events on a case-by-case approach. I think that the notion of a Caribbean Festival, which is to encourage more pluralism among people of color, is a laudable goal. If this were a fraternity beer party I'm not sure I'd be promoting Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Mr. Chairman, first of all, let me start by congratulating the trust for taking that position where they will not waive any fees and they're creating a standard's going to be equal to everyone. Let me speak from experience as a Chairman of Bayfront Park Trust. We have the same rules there. We do not waive fees, because once you waive fees for one person, you got to waive it for everybody and basically, although it's a park, and we take it into consideration and we have funds set aside to help non-profit organizations to do their events there, but the bottom line is that there has to be a standardization set forth so at the end people don't come back and say, well you treated me different than somebody else, so as long as you take that position where you don't waive any fee, that's the right position to take. Now let me just say something about promoters. Promoters, when you promote an event, you're the one that's rolling the dice. You can't put the blame on the City if it rains, or you have bad turnout. That was a common practice years ago in Bayfront Park. Where the promoters came in and then they walked away their pockets full and the taxpayers ended up paying for the event. Now there are certain events that the City has to be responsible for. I strongly believe that the 4th of July event, New Year's Eve and maybe some other events that are justified, but the promoters are the ones that should start taking rolling that dice. If they produce an event that they don't make adequate funds, then they shouldn't come back, but here's another issue that's happening now and we need to address it now. When a promoter comes to Bayfront Park and does an event and he doesn't pay what he owes the trust, that's one trust. There's a pattern now of these promoters going to another venue. 12 October 29, 2002 Commissioner Teele: Another what? Commissioner Sanchez: Another venue, such as maybe Peacock Park or Virginia Key and we need to do something here. We need to all get together, all entities get together and put down a rule that says if you owe money to one entity, you cannot hold your event anywhere else, because it's happening and then I just speak from experience and I'm ahead of the ballgame on this one, because it's happened to us twice with two and we're taking legal action, and we're doing everything we can to protect the taxpayer's money, but what's happened is that we need to work together, so these promoters don't go sir, I'm not saying you, I'm just speaking on somebody else I don't know your event very well, but I'm just saying that these are the things that we need to look out. But I do agree that we do have to help you that's why I second the motion. I mean, that facility for all the arguments made here doesn't have public facilities, and we need to help you, but the promoter is the one that rolls the dice and takes the chances, not the City. Mr. Crooks: Right. We understand that in terms of that. You know, the City can be a big help because the more successful the event is, is the better the more money made for the City, the more taxes you collect and, you know, everybody's happy and, you know, like I said or maybe the costs are going to be fire, and police, and whatever the City can do to help us we will appreciate it. That's not, you know, we're not going to take away from that. Mr. Ruder: Commissioner, if I could just suggest something. I think it would be better for the City instead of waiving $1500 in parks staff, which is an out of pocket cost, that you waive some of the rental fees other than the one that Virginia Key has a standard position, which is the use fee of $1,500. The beer and wine is $350 and the concession is $650, which is almost $1,000, with tax is about $1050. I know you wanted to Commissioner Teele: Well my motion was $1,500 from park. You all figure out what Mr. Ruder: Ok. Commissioner Teele: is the best. I didn't mean to limit that to staff. Let the Manager and the director determine what's the best application of that. Mr. Ruder: Ok. Commissioner Teele: Obviously the best application is that they're going to use a stand or a stage Mr. Ruder: Correct. Commissioner Teele: You know? But there is a cost associated. I call the question. Chairman Regalado: Ok. We close the public hearing and all in favor, say "aye." 13 October 29, 2002 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTIONO2-1162 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTRUCT THE FIRE AND POLICE DEPARTMENTS TO REDUCE THE FEES FOR SERVICES RELATED TO THE CARIBBEAN REGGAE FEST, CONDUCTED BY NU WAVE ENTERTAINMENT, ANCHORMINOTT INC., AND ROCKERS ISLAND PRODUCTION (THE "ORGANIZERS") TO BE HELD AT VIRGINIA KEY BEACH ON NOVEMBER 10, 2002; FURTHER WAIVING $1500 OF WAIVEABLE FEES WITH THE CONDITION THAT THE PARKING SURCHARGE BE COLLECTED; AND CONDITIONING SAID AUTHORIZATIONS UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE, INCLUDING BUT NOT LIMITED TO LIQUOR LIABILITY, TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; (4) INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC BEVERAGES; AND (5) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Thank you very much. Mr. Crooks: Thank you very much. I really appreciate it. 14 October 29, 2002 6. COMMISSION RECOGNIZES CARLOS CURBELO AND NELSON FONTICELLA FROM EL NUEVO HERALD FOR WORK ON NEWSRACKS. Chairman Regalado: Ok. Before we are going to the Commissioners' items, there are two persons here that we would like to recognize because the City of Miami went through many hearings and discussions and hours about news stands and finally we can say to the people of Miami, well, we have done the first step we have taken the first step and it is great. We would like to recognize Carlos Curbelo, who is the Director of Circulation for the Miami Herald, EZ Nuevo Herald in Miami -Dade County, and Nelson Fonticella, Dade County's single copy sales manager. If you can come up and Frank Rollason who has been the driving force, we want to thank you because as of yesterday you have in place the new news rack for Miami Herald throughout the city of Miami and that is the first mass media outlet that has finished with all the details and installations. That is correct, right? Carlos Curbelo (Director of Circulation — Miami Herald): That is correct. Thank you very much, Commissioner, and we look forward to all the publications being in compliance with the new ordinance. The sooner rather than the later. Chairman Regalado: And by the way, somebody knocked one Herald news stand in front of a barber shop in Southwest 8th Street and 27th Avenue and somebody push them aside, so that we need to fix. Mr. Curbelo: We'll have it fixed. Chairman Regalado: Other than that, thank you very much. Thank you, we're very proud. They look very pretty. Frank Rollason, thank you very much. Mr. Curbelo: Thank you. 7. DIRECT CITY ATTORNEY TO DRAFT ORDINANCE TO PROHIBIT EVENT SPONSORS FROM USING ANY CITY FACILITY IF SAID SPONSOR OWES MONEY TO CITY FOR PRIOR EVENT, UNLESS SAID PROHIBITION IS WAIVED BY COMMISSION. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Teele: If we could go back to one point that Commissioner Sanchez raised. I would respectfully recommend Commissioner Sanchez that we consider an ordinance that would restrict the activities that you talked about. I don't think it should be on the various venues to make a policy. I think the legislative bodies should make whatever the policy is. I would prefer that the policy be that no entity can use another venue without getting the permission of the Commission. I mean, I'd like to, you know, at least have a case for someone to have due process. If a hurricane came or some event occurred, you know, you always want to give people due process. I mean, so, I'm in support, I think, of what you're saying, but I do think it's important that we make the policy and the various venues, know that policy. Because that's 15 October 29, 2002 going to be something that's going to be enforced one place and not enforced in another. If you feel strongly about it. Commissioner Sanchez: No, no, no. I tend to agree. As a matter of fact, Bayfront Park is putting together legislative work to come to the Commission to prevent that. To prevent, not only Bayfront Park a promoter from Bayfront Park owing us money and doing at another event, but entities such as, you know, Downtown Development. If you owe money to the City, you shouldn't be doing business with other entities in the City, because, I mean, listen. When they come in front of the trusts, and we have a great board in that trust, we tend to do everything we can to help these promoters because we believe in their events, and sometimes people tend to abuse the kindness and the goodwill of the City, and then they do the events. They don't pay, they owe us money; then we have to take legal actions to collect that money, which is time and resources from the City, and then they go to other venues within the City, and in many cases, they get funding from the City, so they double tap. The double tap from Bayfront Park and then they come to the Commission and the Commission gives them money, so you know, we've got to stop that. Vice Chairman Winton: Could I understand the DDA example you were using? Commissioner Sanchez: Maybe the DDA, that somebody does business that owes you money and maybe wants to do business with the CRA (Community Redevelopment Agency) or Bayfront Park. I mean, you never know. Vice Chairman Winton: Ok. I think I understand. It just scared me. I thought that the DDA was doing some funny thing and -- Commissioner Sanchez: No, no, no, no, no. Vice Chairman Winton: -- I don't know anything about it. Commissioner Sanchez: I'm just saying if you owe money to the City or to any other entity you shouldn't be doing business with other entities in the City. 8. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED RENAMING OF N.W. 14TH STREET BETWEEN 22 -27TH AVENUE AS MIAMI POLICE MEMORIAL WAY. Chairman Regalado: Ok. Blue pages. Commissioner Angel Gonzalez. Commissioner Gonzalez: Yes, thank you. Mr. Chairman, Mr. Vice Chairman, members of the Commission, Mr. City Manager I would like to request the placement before the Codesignation Committee of Northwest 14th Street between 22nd Avenue and 27th Avenue, Miami Police Memorial Way. So move. Commissioner Teele: Second. (INAUDIBLE) 16 October 29, 2002 Commissioner Gonzalez: Yes sir. Chairman Regalado: Discussion? Anybody who wishes Commissioner Teele: I'm trying to understand. Could you explain what you're proposing exactly and why in that area? Commissioner Gonzalez: Codesignating Northwest 14th Street, which is the street where we have the Police Benevolent Association headquarters. I'm trying to co -designate that street, which is Northwest 14th Street between 22nd and 27th Avenue as Miami Police Memorial Way. Commissioner Teele: And you said what office is located there? Commissioner Gonzalez: Miami Police Benevolent Association. Commissioner Teele: PBA (Police Benevolent Association). Commissioner Gonzalez: The PBA. Commissioner Teele: Not the FOP (Fraternal Order of Police)? Commissioner Gonzalez: No, sir, the PBA. Chairman Regalado: The FOP is on Krome Avenue, Southwest. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes sir. Commissioner Sanchez: Not long ago we passed a resolution naming I believe it's 14th Street, and maybe, Chief, you could help me out or Longueira, is he here? Along with the Dade County PBA they're honoring all the fallen officers that have died in the line of duty and they're being recognized by naming the street as closest to where they lost their lives serving the public, and right now my office is working with the Dade County PBA to get those streets done. As a matter of fact, the only problem with the 14 officers or the 14 streets in the City were that basically most of our streets already have names and we're having to have to drive out there, see if the street's not taken and basically find the closest street available to name that street after the fallen officer, so we do have right now a process that's in the works to name those streets. Raul Martinez: Chief of Police, Raul Martinez. The only thing I would like to add it's more than 14 in there. It's in the 30's, the number of police officers in the streets. More than in the City, because there's other agencies Commissioner Sanchez: But there were 14 that had problems. Mr. Martinez: Yes that's correct. 17 October 29, 2002 Commissioner Sanchez: Another words, there were 14 that already had a name. Mr. Martinez: Correct. Commissioner Sanchez: My office, as a matter of fact, asked the police over to provide us assistance to go out there and find the closest available street that didn't have a name. Mr. Martinez: Correct. Commissioner Sanchez: That wasn't named. Chairman Regalado: Ok. Any further discussion. No? Commissioner Gonzalez: So move. Chairman Regalado: We have a motion. Commissioner Sanchez: Second. Chairman Regalado: And a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION 02-1163 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED RENAMING OF N.W. 14TH STREET BETWEEN 22 -27TH AVENUE AS MIAMI POLICE MEMORIAL WAY 18 October 29, 2002 Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. 9. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED RENAMING OF N.W. 22ND AVENUE BETWEEN 31sT STREET TO 36TH STREET AS FERNANDO CASANOVA WAY. Commissioner Gonzalez: Ok. I also have a co -designation of Northwest 22nd Avenue between 31st Street and 36th Street, which is a five -block approved by the City. Chairman Regalado: Angel, I think it's a county road. Commissioner Gonzalez: Northwest 22nd Avenue? Chairman Regalado: Yes. Commissioner Gonzalez: A City road. Chairman Regalado: Is it? Commissioner Gonzalez: Yes. Twenty -Seventh Avenue is state; 20th Street is state. Fernando Casanova, as some of us sitting here in the dais know, Fernando Casanova was a great leader in Allapattah. I mean that dedicated really, really hard work and personal sacrifices to improve the Allapattah neighborhood. He had to deal with many of the actual problems that are established in Allapattah today. His wife present. We have Fernando pass way two weeks ago. I made mention of it at the last Commission meeting. We had Mr. Casanova's wife, Mr. Casanova's brother and brother-in-law. So I would like to move the co -designation of 22nd Avenue between 31st Street and 36th Street as Fernando Casanova Way. Commissioner Sanchez: Mr. Chairman, it's an honor to second that motion. Chairman Regalado: We have a motion and a second. I, too, join members of the Commission in remembering Casanova. He was a good man. Any further comments? Being none, I call the question. All in favor, say "aye." The Commission (Collectively): Aye. 19 October 29, 2002 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION 02-1164 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED RENAMING OF N.W. 22ND AVENUE BETWEEN 31sT STREET TO 36TH STREET AS FERNANDO CASANOVA WAY. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: None. 10. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE PROPOSED RENAMING OF N.W. 7TH STREET BETWEEN 42ND AND 47TH AVENUE AS MANUEL ANTONIO DE VARONA WAY. Commissioner Gonzalez: And the third one is on behalf of Mr. Antonio De Varona. I would like to send to the Codesignation Committee Northwest 7th Street between 42nd Avenue and 47th Avenue as Manuel Antonio De Varona Way. Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second. Any further comments? Commissioner Gonzalez: We also have Mr. Varona's wife here and his sons. To us, the Cubans, (UNINTELLIGIBLE) Antonio meant to us. He was a great fighter for the freedom of our country and he was also a prominent person in Cuba and also in (UNINTELLIGIBLE), so (UNINTELLIGIBLE). Chairman Regalado: Ok. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes five to zero. Thank you. 20 October 29, 2002 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION 02-1165 A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, WITH A POSITIVE RECOMMENDATION, PROPOSED RENAMING OF N.W. 7TH STREET BETWEEN 42ND AND 47TH AVENUE AS MANUEL ANTONIO DE VARONA WAY Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 11. DIRECT MANAGER AND CITY ATTORNEY TO COME BACK TO COMMISSION WITH REPORT ON BRENTWOOD VILLAGE PROJECT LOCATED AT 5175 NE. 2ND COURT, AND REVIEW PROFFER MADE BY DEVELOPER TO VOLUNTARILY COMPLY WITH FEDERAL AND STATE OF NEW YORK REQUIREMENTS RELATED TO EQUAL OPPORTUNITY IF CITY IMPROVES PUBLIC STREETS AND OTHER INFRASTRUCTURE IN AREA; MANAGER TO CONSIDER PROVIDING LIGHTING, LANDSCAPING, PAVING OF CITY STREETS FROM HOMELAND DEFENSE BOND ISSUE AND COME BACK WITH RECOMMENDATION ON USE OF FUNDS. Chairman Regalado: Thank you. Commissioner Winton do you have anything else? Vice Chairman Winton: No. Chairman Regalado: Commissioner Joe Sanchez? Commissioner Sanchez: No, sir. Chairman Regalado: Commissioner Teele? Commissioner Teele: Mr. Robinson, what I'd like for you to do is to come back with the City Attorney on this project. The manager I think has had some discussions with the developer. I think what's really important here is that we've had a multi-million dollar investment in the community with essentially zero governmental dollars. I was approached by any number of people, high powered lobbyists, big named developers, all wanting government money to come 21 October 29, 2002 in and do the Brentwood project three, four years ago. Well-respected people, all of them wanted money. We have a developer who's come in and done I think a very credible job taking all of the risk. I think what we should look at is two things. The developer has proffered. Even though this is not a Section 8. This is not a Section 8 subsidy, the developer has proffer that if we would enhance the City public streets, the public streets in the area, that he would agree voluntarily to an affirmative action I mean, an equal opportunity proviso, that is, that he would agree voluntarily as much as he is required to do in other jurisdictions this jurisdiction has not reached that level in sophistication, Mr. Attorney that and this is going to require a lot of legal discussion that he will make a proffer of equal opportunity mixed within the development. That is, market development, as opposed to subsidize. That he would be proactive in ensuring that the development meets all of the federal requirements as it relates to equal opportunity and open access. Vice Chairman Winton: I thought that's federal law. Commissioner Teele: Well it is, but he's prepared to go a little bit further than what the minimum law is and to establish somewhat of a goal that he is going to try to reach on his own accord and he's going to do that voluntarily. Vice Chairman Winton: I don't think there's a minimum goal. I think the law is pretty specific. It says you cannot discriminate against, period. Commissioner Teele: I understand that, but he can also establish a goal that he is trying to reach, which is the requirement that he is under in the state of New York and he's agreed to use the New York form agreement as it relates to meeting his goal, his voluntary goal in terms of ensuring greater pluralism within the development. As I said again, this has got to be a proffer from the developer and not a requirement from the City. I have indicated to the developer that if the City Manager will make a recommendation, that I'm prepared to recommend some of the quality of life funds and capital infrastructure funds from the bond issue that will be used provided that no funds be used for a gate house. In other words, lighting, landscaping, paving of City streets, a gateway in that area and I know that the Public Works Department has a plan. I understand that plan is around $1,500,000. I'd like to try to cap this at about $1,000,000. But I do think what we're looking at is leveraging private investment in a way that I'm a very strong believer in and that is, if we do the capital improvement, if we provide the lighting, the fencing, the parking, the landscaping, you know, the private sector will come, and here we have a massive turnaround potential in the neighborhood next this is near the Soyka Restaurant on 54th. It's properly in Little Haiti and one of the things that I'm very, very interested in doing is trying to develop this area as the new South Beach residential kind of area. A place where people from all walks of life, all quality of life, all lifestyles, et cetera feel comfortable being a part of, and I think the City is very fortunate to have a developer Mr. Rollason, are you familiar with the project? Mr. Manager, you and I briefly discussed this. I know that you have some strong ideas that the City should have done more and I'm in agreement with you, I think, on that. Carlos Gimenez (City Manager): Yes, sir. We've been looking at this project for probably over a year and you're absolutely right. This is an individual that's come down, has put his money where his mouth is. I think he's just asking the City to make some infrastructure improvements 22 October 29, 2002 that will make the entire project more attractive, but it's a great project and I think it's beneficial and we have been working, in terms of putting something together. We can come back and give you a recommendation of about $1,000,000 worth of improvements that I think the developer will be happy with. It's a good thing for every this is a win-win situation for everybody in the City. It's a great project. Vice Chairman Winton: Commissioner Teele, just so you understand. The infrastructure improvement issue, I was looking at very differently than what he was pro -offering. We should be doing this infrastructure improvement stuff. He's taken probably one of the a very significant apartment property that was maybe one of the worst in the entire City and completely turned that around with private sector dollars and that's had a very significant positive impact on the whole surrounding neighborhood up there, so providing the infrastructure dollars for lighting and landscaping and Commissioner Teele: drainage Vice Chairman Winton: sidewalks and drainage and all those things you guys have heard me say this about 8,000 times since I've been here that that's a major role that government ought to be taking the lead in and the private sector will come to the table to develop, so I'm not opposed to the support at all. I'd rather us just be doing it because it's what government ought to be doing. I'm a little more nervous about his pro -offer here. Commissioner Teele: Well, let me also indicate to you, Commissioner Winton, that I was approached by two separate developers three or four years ago, all of whom wanted a commitment of CDBG (Community Development Block Grant) dollars. One of them I mean, when I said I would not be comfortable seeking more than $2,500,000 it was a walk away $5,000,000 or nothing kind of thing. Now obviously it would have been a different kind of development. It would have been more subsidized housing. This is market. There's no government money in here and I just think that we ought to try to continue the redevelopment of the entire Biscayne to Northeast 2nd Avenue area in there, all the way from this 54th Street all the way up to the City limits, up at El Portal, so Mr. Manager, that would be my request. Do you think you could come back in the next meeting? Mr. Gimenez: Absolutely, sir. Commissioner Teele: One of the things, Commissioner Winton, that I'm really nervous about the more I think about this This idea of the Bond Oversight Committee needs to be given a lot more thought by us, because we have the risk of a runaway train. Because what's happening is, you take a project like this I don't think that project needs to go, I mean once the project is approved by the Commission, it needs to go to the Bond Oversight Committee to ensure that the City doesn't move the money around Frank Rollason (Assistant City Manager): Right. Commissioner Teele: doesn't drag the project out, etc. But, you know, we've got to look at a macro issue here and I can tell you this. This project would probably have no real advocates I 23 October 29, 2002 shouldn't say that But the fact of the matter is it wouldn't, you know, we've got to try to do the right thing for the City, within all five districts, and so I really think we need to take a long, hard look at the mission enrolled that we're carving out for this Bond Oversight Committee. I thought the Bond Oversight Committee was going to keep projects on time, was going to work with the management in terms of scheduling and ensure that dollars don't do what they've had in the history of the City of Miami allegedly of walking away and leaving one project and going to another project in getting switched around and all that. I'm very uncomfortable, Commissioner Winton, with the ordinance that gives the Bond Oversight Committee the apparent authority to determine or to make some recommendations on where dollars should go, and Vice Chairman Winton: I thought we took that out. Commissioner Teele: No, it's Vice Chairman Winton: Didn't we take that out at the last Commissioner Teele: No. Mr. Rollason: No. Frank Rollason, Assistant City Manager. What you took out was the authority that they had to command people to appear before them. You changed that to a Vice Chairman Winton: No. That wasn't what I was trying to take out. Mr. Rollason: request. But Vice Chairman Winton: I said very clearly at that meeting that I did not want the Bond Oversight Board responsible for determining what projects were going to be done. Mr. Rollason: And that is not in there and that has never been in there. Commissioner Teele: Recommending projects. Mr. Rollason: That has never been in there. Their position is, that if the administration comes forward with a project, that they do not buy into, for whatever reason, that then they can make a recommendation to this body to the contrary. Commissioner Teele: I don't have a problem with that. Mr. Rollason: And that's there level of authority and that remains that way. Vice Chairman Winton: Oh well, that's Commissioner Sanchez: That's good. That's another Vice Chairman Winton: Yes. 24 October 29, 2002 Commissioner Sanchez: filtering process to make sure that things are done right. Vice Chairman Winton: And the policy makers are still making the decisions Commissioner Sanchez: Yes. Vice Chairman Winton: which is how it ought to be. Commissioner Teele: Does that ordinance require a public hearing when we Mr. Rollason: At the last Commission meeting the ordinance is to come back before you in the November meeting. At the last Commission meeting the Commission took action to put that in there for a public hearing. What you also instructed me to do was to visit with each of you and to inform you what the impact of these changes were going to be on the process. I can tell you by putting that public hearing in there it is going to prolong the process. The manager and I have not had a chance to sit down and talk about it because I don't have the draft yet, but my recommendation at this point to him would be that we would remove that portion from it and allow it to go its regular process like everything else that we do that comes before here and not have to add in the public hearing portion. That is part of why the Oversight Board is there. That they can look at those things and bird dog them and now we're putting another layer on top of this saying you have to have a public hearing and that will slow things down. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes sir? Commissioner Gonzalez: I do happen to agree with Commissioner Teele and Commissioner Winton, you know. Even in the issue of Sewell Park, this committee, whatever you want to call it, they're also going to be better in the issue of Sewell Park and one of the biggest problems that we have here is that we as Commissioners have things to do, projects to do that our communities are demanding on us to get done and going through the process of so many committees and so many boards and so many meetings, things tend to take longer and longer and longer and longer and as I have said in the past, the ones that have to face the voters and the residents out there are us. We are the ones that have to go to the public meetings. We're the ones that have to go to the town hall meetings. We are the ones that get bombarded by questions and questions and when are you going to get this done? When are you going to get the other thing done? You promised to get this project done and it hasn't been done and it hasn't been started and we are bombarded with these type of questions and then when you tell our residents and our, you know, well this takes a process. It has to go through certain committees and boards and so on and so on, people out there don't understand the criteria. They feel that they elected us that they voted for us to get the work done, whatever they desire us to do, and we don't have the power to get it done, or if we have the power, then you have to wait sometimes, I don't know, maybe nine months, six months, before we can get something accomplished here, so I believe that, at one point, we have to be very careful in, you know, the amount of power that we give to these boards and the amount of they can't be telling us how to run the City, because if that is the case, then they would have to go out there and run for office and, you know, get elected and then, you 25 October 29, 2002 know, fine. I mean, you know, no problem, you know? But actually we are the ones that are responsible and we are the ones that have to face the residents of Miami in each of our respective districts and have to be the ones that have to cover the issues. Even the staff in most of the locations, the administration doesn't have to face the public. We have to face the public. We are the ones that have to take the questions and have the answers. You know, (UNINTELLIGIBLE) answers and in some instances, like I have been told in many occasions in the last, past three or four months, people don't believe most of the people don't believe in government. They have lost trust in government. They have lost trust in administration getting projects and things done, so I happen to agree 100 percent with Commissioner Teele and Commissioner Winton in that, you know, this has to be worked out somehow that things can be done easier and faster. Chairman Regalado: Commissioner Sanchez? Commissioner Sanchez: Mr. Chairman, if we've learned something from the past, has been that projects that have been put forth in many occasions that end up being X amount of dollars budgeted, end up going up 50 percent of that budget and they're never accomplished. The voters with confidence voted for us to go out and issue bonds. They wanted safeguards. They wanted filtering. They wanted a filtering process. The Board that we have established, and each of us have nominated or put someone in there that you have had the responsibility to look through your district or find someone who you thought was a good citizen, who was going to be a part of that Board. The Board itself the way it's comprised, and I have the experience from going in front of that Board. I was in front of that Board sometime last week Mr. Rollason: The 22nd Commissioner Sanchez: The 22nd, on one of my issues yes, it does have the potential to be a runaway train. Every Board has a potential to be a runaway train, but the way it's set forth on the projects, it's there to do exactly what we said three major things: Projects ought to be project certain, cost certain and time certain. Something that we did not have in the past here in the City, ok? What they're there to protect for is that we don't deviate from the list that the taxpayers voted for. What they're there to do is to make sure that if a project is going to be $2,000,000, it doesn't end up being $30,000,000, because people tend to do that, you know? You may have a project that you're pushing and you've really got X amount dollars, but you want to make it X amount of dollars, and they're there to ask questions for us to filter out the process to come back with a recommendation. At the end of the day, we are the elected officials, but they serve a process that we don't have a time to sit down and meet with people and sit down with staff administration and go through the process, so I support it 100 percent. We are the legislative body. We dictate policy to them. We have the right to basically dictate what they're there to do and we have done that. I went in front of it one of the projects that I had and they had very good questions to ask me, and that's the Linear Park that I'm doing on 13th Avenue. I'm going to be getting money from the parks. Is it a park? Well, no, it's not a park, but the property belongs to the City and the City maintained it. I had to justify why I wanted to do that project. Well, not justify why I wanted to do it, why I wanted to use the money and where the money was coming from, so I don't have a problem with it. Some of the questions and concerns that have been brought I think have been answered by the administration, and if we need to, then we need to have them come in front of us and we could ask them whatever questions we need to 26 October 29, 2002 ask, but the process is there to be another filtering in the process to make sure that we get back the public trust, because that's why that Board is there. Because they don't trust us. You're absolutely right. You're absolutely right. That's why they're there. Commissioner Teele: Well, this is the item on the agenda that I have and I raised the issue because the ordinance has not been, and the appropriate time I think to debate this will be at the next meeting when the ordinance is put there. The Sunshine Law doesn't allow us to talk to each other and so these discussions are very helpful in helping me to think through. I will say here and now that in terms of deviations from the plan that has been submitted I think that is a very appropriate place where deviations from the plan should be, and that's also consistent with the Dade County Safe Neighborhood bond structure, where any deviation or any change from what was on the ballot would have to be approved by that committee. I would have no problem with that and then it would have to be approved by us as well, and I think that filtering process is good, but I'm looking at where you have, in certain areas you have let's say a park project of $2,000,000 and the bleachers, let's say Gibson Park that I proposed. I think that's a redundant process in that particular case where $2,000,000 was set aside for eligible parks activities of Gibson Park to then take $200,000 bleachers to that committee. I mean, I think that's something the Manager has got to work with and do, but that's something we can debate. The question, Mr. Nachlinger and Mr. Rollason and Mr. Manager that I have is, we've had this issue open now for I guess about two months on the bond proceeds and the unallocated and all of that. Is that coming to us in November? Because I really think, you know, time is of the essence. We need to agree on something. Get a structure before us. Mr. Gimenez: There's a certain amount of unallocated. We had the workshop before we allocated a certain amount. There's about twenty-seven or twenty-eight million dollars more that are available. We have had Mr. Nachlinger has had discussions with some of the Commissioners. He and I were going to go back again to all the Commissioners to discuss Commissioner Teele: Right. Mr. Gimenez: what is available and what you're requests are, and also make sure that we get this find out what the mayor's objectives are too and try to mesh that all together. Comeback in November with some kind of recommendation, or at least a starting point for a discussion so that we can go ahead and allocate the additional $28,000,000. Commissioner Teele: I think it would be very helpful if we have a legislative history notebook put together that shows in one place everything that has been allocated. Because it's been done, you know, we've done it three or four times and I think it would Mr. Gimenez: Commissioner one of the things that I've asked Ms. Palacino, the CIP (Capital Improvements Program) Director, is to do just that. Put together a list of all the projects that have been appropriated, bond and non -bond, and also give some kind of a progress report on each one of those projects so that you all are informed in terms of exactly where we are in a particular project and also so that we can all be informed exactly what has been appropriated, because there are a number of projects that when we show you will probably be surprised that that was appropriated and when was it, and all that. We really need to get a handle on that and 27 October 29, 2002 that's her number one priority right now that she's working on. She's promised me that by November she'll have a pretty good handle on it. I've also asked her to at least list out those major projects so that we know where those things are, but she's also told me that it's a really big process. She's going to have something together for you by November, but by December she should have the entire you'll get the entire database of where all the projects are and when they're appropriated and where they are in the process. Commissioner Teele: I don't see the necessity of a motion per se, with the understanding, Mr. Rollason, that you all will come back in November, either as a stand alone or as a part of the overall program with the recommendation. Mr. Rollason: Well, the ordinance will be back definitely for the Commissioner Teele: No. I'm talking now about the item that's on the agenda, the discussion on Brentwood. Mr. Rollason: Oh, you're talking about Brentwood Village? Yes, sir. That's not a problem. We'll have that back at the November meeting. Chairman Regalado: Thank you. 12. DIRECT TO ADMINISTRATION TO COME BACK WITH WRITTEN REPORT ON STATUS OF INSTALLATION OF BUS BENCHES IN DIFFERENT COMMISSION DISTRICTS. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes sir? Commissioner Gonzalez: Now that we have Mr. Rollason here, it came to my mind that I have people in my district, specifically the Three Towers boarding rooms in Allapattah on 20th Street and 18th Avenue asking me constantly when are they going to have bus benches. I was just asked that question yesterday and I told them to be honest with you, I don't know. I don't know. Don't ask me because we have talked about bus benches 120 times. We have been promised that bus benches were going to be installed I don't know how many time, but I still don't see them. I don't know where they are. Anyway, I don't know what is going on with the bus benches. I don't know if they're ever going to have bus benches. If they're not going to have bus benches. So I don't know. I'm sorry. I've got to be straight, honest to you. I don't know. What can I tell my residents? Tell them that I don't know? That unfortunately as your City Commissioner for District 1 I don't have an answer, so maybe, I don't know if this has been televised, we (UNINTELLIGIBLE) the meeting today and maybe we can give them an answer. Can we give them an answer? Frank Rollason (Assistant City Manager): We can give them an answer. Commissioner Gonzalez: Ok. 28 October 29, 2002 Mr. Rollason: The wooden bench that was Well, first, we have not been coming back because the direction from the Commission was that you didn't want us to come back again. Commissioner Gonzalez: Exactly Mr. Rollason: (UNINTELLIGIBLE) Commission. Commissioner Gonzalez: Exactly. Mr. Rollason: We are going forward and installing the wooden bus benches. Commissioner Gonzalez: When are you going to install them, because we haven't installed one yet, have you? Have you installed one bench? The last discussion that we had in the Commission chambers where we, that with the exception of Commissioner Winton's Mr. Rollason: That is correct. Commissioner Gonzalez: If I remember correctly, to the best of my recollection, the rest of the Commissioners agreed that we wanted benches installed in our districts, with the exception of Commissioner Winton, because they had to have their — Mr. Rollason: Right. Commissioner Gonzalez: public meetings to pick or choose a type of bench that they will accept. The rest of us we were ready and that was, if I remember correctly, that was three months ago. We were told that you were going to proceed and we were going to start having benches. It has been three months. I haven't seen one bench. Mr. Rollason: Let me give you Commissioner Gonzalez: As a matter of fact, I still see the old benches and some of them which are a year old, were still out there in places where there are no bus stops. The other company keeps sending (UNINTELLIGIBLE), and we're not collecting a penny, and (UNINTELLIGIBLE) decent bench and the other people keeps making profit and I don't know. I mean, you know? I'm just asking yeah, asking a question. Mr. Rollason: Yes sir. Let me give you a little bit of an update where we are. Commissioner Gonzalez: Right. Chairman Regalado: Frank, can I say something? Are you prepared to give a brief report with (UNINTELLIGIBLE). Do you want to come back during the PZ process with detailed numbers and addresses? Mr. Rollason: I don't have details with me right now. But 29 October 29, 2002 Chairman Regalado: But (UNINTELLIGIBLE) Mr. Rollason: (UNINTELLIGIBLE). I can do that after the break. Chairman Regalado: Would you wait in the afternoon Commissioner Gonzalez so we can have probably a written memo from you and then a report within the PZ framework? You can give us maybe in District 1 we have installed one or two or none in District 5 and so and so, and that way we don't get into (UNINTELLIGIBLE) Mr. Rollason: We can do that. Chairman Regalado: Thank you. Commissioner Gonzalez: I am willing to do whatever the Commission wishes. All I'm asking is, I just want to know if one single bench has been installed? That's all, and if they're not installed, you know, that I be told we are going to start installing benches in November 2003 and that would be fine. Then I'll go back to my community and tell them, listen, you have to wait until November 2003 and then you're going to have your bus benches, but at least give me one straight answer, one simple straight answer. Thank you. Mr. Gimenez: Ok. Chairman Regalado: We'll do that in the PZ item. Ok. Commissioner Teele, you have any more items in your blue page? Commissioner Teele: No, Mr. Chairman. Thank you very much. 13. DIRECT COMMUNITY RELATIONS BOARD TO TOUR AT LEAST FOUR POLLING PRECINCTS IN EACH MUNICIPAL DISTRICT WITHIN CITY ON NOVEMBER 5, 2002, CONDUCT INFORMAL SURVEY CONCERNING VOTERS' EXPERIENCE AT POLLS, AND REPORT FINDINGS TO MANAGER AND DISTRIBUTED TO ELECTED OFFICIALS. Chairman Regalado: Ok. I'm going to do some of mine and there is one that is we didn't have time to put it on the blue page but I think it's urgent. It's important. Now that we know that we're going to have the Russians and the Bosnians coming to supervise elections here in Miami -Dade County Commissioner Gonzalez: Would you say that again? The Russians. Chairman Regalado: The Russians are coming and the Bosnians are coming to supervise Commissioner Gonzalez: I hope Castro isn't coming over too. Chairman Regalado: No, no. Oh, that's true. Miami -Dade County decided that they are going to invite the Center for Human Rights in Warsaw, in Poland, to supervise elections, plus they 30 October 29, 2002 have invited the Center for Democracy in Washington to supervise next Tuesday's election, which is fine. My problem was that the City Commission and the Mayor and the City Manager we all agreed that we were going to do something about the polling places in Miami and mind you, Miami, the City of Miami, has one-fifth of all the polling places in Miami -Dade County. So, we directed the Manager and through him, Frank Rollason, to start meeting. He had some meetings at the end of the day, he is just talking now to a sergeant who doesn't know too much about the election process. That may be something that you want to say. But Commissioner Teele: I thought he was supposed to give us a written report on this today? Chairman Regalado: But let me say this, so finally, I was an observer on behalf of the INS (Immigration and Naturalization Services) in Nicaragua in 1999. So, I know a little about this thing. But anyway Commissioner Teele: On the center? Chairman Regalado: Huh? Ok. So, let me say, that yesterday we had a meeting with Tom Battle, he's from the U.S. Department of Justice and the City Attorney was there in my office and Tom was very instrumental, kind to open the door for us with the United States Attorney here in South Florida and we spoke through the phone to the U.S. Attorney about this issue. The U.S. Attorney and the Department of Justice will make announcements on Thursday regarding their concerns, especially in Little Haiti and they will have a major announcement on Thursday or Friday, I believe, and also they are concerned about the elderly Hispanics. They are willing to accept credible, detailed information about possible civil rights violations during the November 5th elections in Miami -Dade County, especially in the City of Miami. That's why, and we discussed this with the Department of Justice, and they suggested that we do this. This resolution and that we will be in touch. As a matter of fact, I think the City Attorney has to go on Thursday to the U.S. Attorney. Is that correct? Ok. So I have a resolution of the City of Miami Commission directing the Community Relations Board to tour at least four polling precincts in each of the five municipal districts within the City of Miami on November 5th, 2002 to conduct an informal survey concerning the voters experience at the polls and report their findings to the City Manager, which will be, of course distributed to the elected officials; further directing the City Manager to provide transportation and staff for the members and staff of the Community Relations Board to accomplish such task. Commissioner Sanchez: Second. Chairman Regalado: What this does is we will have we could break the Community Relations Board in two groups and they can pick the biggest polling places in each of the five municipal districts and interview voters right after they come off the polls. If they do detect, and the City Attorney will brief them in what is the voting acts, any civil rights violation the City Attorney has already noticed that he has to bring that to the City Attorney and that is why he's having this meeting on Thursday. I think that we have documented already what it could be perceived as a civil rights violation in District 4, and I think that the City Attorney would agree that we could build a case around this civil rights violation which has not been corrected by the Department of Elections of Miami -Dade County, so that is my motion, in terms of and I know 31 October 29, 2002 Frank that you have done whatever you can, but you know, nobody will listen to you. I mean, that's, you know Well, let me tell you something. I wrote a letter, the City Clerk wrote a letter. They did not pay attention. I went to the Justice Department. They agreed that there may be a civil rights violation in what I asked the Elections Department to do and they didn't do it, so you know, it's simple. If we don't get help from the county, we'll go to Washington and Washington has decided that they would listen to us, so Commissioner Teele: On the motion, further discussion? All those in favor of the motion, say LL " aye. The Commission (Collectively): Aye. Commissioner Teele: All opposed? Clerk, let the record reflect that the Vice Chairman is voting yes. The following resolution was introduced by Chairman Regalado, who moved its adoption: RESOLUTION 02-1166 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE COMMUNITY RELATIONS BOARD TO TOUR AT LEAST FOUR (4) POLLING PRECINCTS IN EACH MUNICIPAL DISTRICT WITHIN THE CITY OF MIAMI ON NOVEMBER 5, 2002, CONDUCT AN INFORMAL SURVEY CONCERNING THE VOTERS' EXPERIENCE AT THE POLLS, AND REPORT THEIR FINDINGS TO THE CITY MANAGER, WHICH WILL BE DISTRIBUTED TO ELECTED OFFICIALS; FURTHER DIRECTING THE CITY MANAGER TO PROVIDE TRANSPORTATION FOR THE MEMBERS AND STAFF OF THE COMMUNITY RELATIONS BOARD TO ACCOMPLISH SUCH TASK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Vice Chairman Johnny L. Winton ABSENT: None. Mr. Gimenez: Mr. Chairman? 32 October 29, 2002 Chairman Regalado: Yes, sir. Mr. Gimenez: This is for Commissioner Teele because he probably didn't see the memo that was written by the administration concerning the elections. We have tried to give them all the resources the City of Miami were available to them in terms of personnel, etc., police. They've turned most, if not all of those offers down. We have approximately, what, about 30 Frank Rollason (Assistant City Manager): Twenty -Eight have been approved. Mr. Gimenez: Twenty-eight volunteers that they accepted, but as far as we're concerned, you know, those are volunteers. They will be on City time, but basically they are being told what to do and how to do it by Miami -Dade County. We're just facilitating the fact that they got this number of people to go and work for them, but anything else, outside of that, we are not they obviously didn't want, you know, much help from the City of Miami, so that's where we are. Chairman Regalado: That is why Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir? Commissioner Teele: Mr. Chairman, I don't know this issue of a civil rights violation is a rather serious one and I think, you know, if we have some information then we should instruct our City Attorney or our clerk or both to make that information available to them under seal forthwith. I mean, we don't want to be in a position where we're playing "gotcha" with the county on this thing, and I know that's not your intent. Chairman Regalado: No. The City Attorney is bringing that information on Thursday to the U.S. Attorney's office. Commissioner Teele: Well he can do that, but he should, as a matter of courtesy, and I know that courtesy is something that the county has not demonstrated a lot of in the past, but as a matter of courtesy, we should inform the county of what our concerns are and that should be done in writing, and if that has been done, fine. Chairman Regalado: We did it in writing. Commissioner Teele: Let me say this. I assume, if we're talking about a civil rights violation of Hispanic elderly, I would assume that the issue, just so that the public is clear, is that we have precincts in buildings where people in the buildings cannot vote. Is that the nature? Chairman Regalado: That is exactly the nature of the possible violation. Commissioner Teele: And I would ask respectfully that the manager and the clerk jointly begin a very deliberative process with our you know, part of this is, we shouldn't sit back and let the county screw our citizens or let me put it a little bit more dignified. We should not sit back and 33 October 29, 2002 let the county, by not understanding, really misapply voting precincts to the detriment of citizens of Miami. I think one of the things that the clerk and the manager should do is look at every precinct, the boundaries of them and make some positive recommendations to this Commission so that we can come back and I don't mean for this election I'm not talking about in the context of this election but immediately after this election we need to have a resolution that goes from this Commission to the Mayor or the see this thing is all screwed up in Dade County. In every other state, in every other county, there's 66 counties in which there is a supervisor of elections that's elected by the people. The Supervisor of Elections is a constitutional officer, but I'm not sure who he reports to. I would assume there's a County Manager under that but we need to send a list of areas that are wrong in our community. I can tell you where I vote is at least four miles from where I live. They changed my precinct from the National Guard Armory, there on 7th Avenue, which was a little bit away, but way away. I mean, I'm voting now off of 22nd Avenue and I live off of 7th Avenue, and, I mean, you know, can you just imagine, you know, traveling from 7th Avenue all the way over to 22nd Avenue, all the way from 8th Street to 10th Street, all the way up to 30 -something street. I mean, it's crazy what's going on. Chairman Regalado: Arthur, can you imagine a HUD (Housing and Urban Development) building with 75 percent of the people over 70 years, 70 percent disabled, who has a polling precinct in the lobby of that HUD building and the 323 residents who are eligible voters had to go to a polling place located 22 blocks away? Commissioner Teele: See Chairman Regalado: That's what I'm saying. Commissioner Teele: You see, but here again, that's just incomprehensible. That's incomprehensible. Chairman Regalado: Well, let me tell you Commissioner Teele: But that's our Chairman Regalado: the City Clerk did send a request. Remember that you did send a request? She hasn't gotten any answer, neither have I, nor Commissioner Jimmy Morales who asked also, he has not gotten an answer. Yesterday some people from the U.S. Department of Justice say, well, you know, that is incomprehensible and we had to look into them, because you may be the disenfranchising some people who cannot travel far to exercise their right to vote, and that is why we need to have our people, outside, not inside, outside of the precincts, doing this poll and the CRB (Community Relations Board) I'm sure that it will do that job. Commissioner Teele: Well, I would still renew a request I'm not making a formal motion, but the Clerk and the Manager should really look at all the precincts and the boundaries and make some specific recommendations, particularly where they may have built a governmental building, where there's a city -owned building or a county -owned building or a venue such as this that is there. 34 October 29, 2002 14. DIRECT ADMINISTRATION TO PROVIDE HIM WITH WRITTEN REPORT DETAILING EVERY EVENT HELD DAY BY DAY AT MANUEL ARTIME CENTER. Commissioner Teele: Mr. Chairman, you have on your item, a discussion on the purchase of the Manuel Artime Theater? Chairman Regalado: Yes. Commissioner Teele: Is that this building? Chairman Regalado: This building, and actually it's a misprint, because it wasn't meant to be a purchase. But the reason I placed this on the agenda is because I requested some information about the Artime, and I did not get the information that I requested. I requested several things, several weeks ago, and I couldn't get a precise I'm very confused about the numbers of events and the numbers of events that were held at the Artime on weekends, during the past fiscal year, so I thought that it'd be nice for the City Commission to hear some ideas. Not to take any action, but to hear some ideas about what this should be. Actually I've always every time that the administration has come up with some basis on the Artime rates I have opposed that because I really believe that this beautiful theater should not be in the business of making money, but it should be in the business of opening its door to the community. I envisioned, and I would like maybe in the future, maybe when we get more information, to see, you know, lectures of poems and lectures for kids, lectures for poems, classical music, and one of the reasons that I placed this on the agenda just for the discussion, was that I took offense when I heard someone on a radio station, not anybody from the City of Miami, but somebody who said, well, you know, if we want to do opera, or we want to do classical music, we're going to have the Performing Arts Center and I took offense on that because, you know, humble residents do like opera and poor people do like classical music and every kind of art should be helped by the City. That is what the Arts and Entertainment Council is doing and, you know, the City took a step on the Tower and let Miami -Dade Community College run or present some items, so what I really want is to understand the Artime. I really do want to understand the Artime and I'm really not concerned with the costs, but I'm really concerned with the number of events and the number of events that were held during the weekends. I only have a question, Christina. First of all, the information that you sent for me it's not complete, so I really cannot make sense of this, but describe an event. Christina Abrams (Director, Conferences, Conventions & Public Facilities): Describe an event held at the Manuel Artime? Well Chairman Regalado: No, no. Describe an event. What would you call an event? Ms. Abrams: A performance or some event taking place here, such as the City Commission meeting would be considered an event. Chairman Regalado: Ok. That is an event. 35 October 29, 2002 Ms. Abrams: That would be an event. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Sanchez: Before we do that, just for point clarification. It is not your intent to sell the Artime? Chairman Regalado: Absolutely not. Commissioner Sanchez: Nor to lease the Artime? Chairman Regalado: Absolutely not. Commissioner Sanchez: Thank you. Commissioner Teele: Mr. Chairman? If I may follow up. I'm glad you asked the question and clarified it, because I'm sitting here with bated breadth, with great respect for you individually, but about to have a big falling out with you if we're going to get to talk about selling this wonderful venue. I Chairman Regalado: Let me tell you. Let me tell you. When the City has a crisis, they want to sell the Artime and I opposed that. I always thought that this theater should belong to the people of Miami actually and I would always oppose any notion of selling the Artime. Commissioner Teele: And let me congratulate you on that, because Mr. Chairman, the one thing I think that government, only government can do, is maintain venues, cultural venues. I mean, one of the concerns that I have and I would ask our parks director to pay close attention, if he's in the building, or the Assistant Manager, is that this is not a one of a kind model. In the Miami - Dade County Parks Department organizational structure, is a division called culture and something. It's a division that has, I don't know, 15, 18 people in it. That has professional theater managers within the structure. One of the connections disconnects that we're engaged in the City is that when the professionals governmental professionals that have theaters meet, they meet through the context generally of the Parks Department. There are special awards given each year to, in the Parks Department, for, in the National Parks Department Association, for these kinds of venues, and the programming that goes on, and I think one of the things that we've got to do, if we're very serious about this, is we've got to look at our budget structure as it relates to parks and the various departments and really try to get people from around the country that are residents, that are professionals in various cities that have these kind of venues, and really begin to share information. The thing that has been very, very concerning to me is, for example, when Asset Management looks at these things, you know, we look at how much money can you get? This is really not a profit center. These things always, always, always costs money, but what you want to do is minimize the costs, so Mr. Chairman I just want to congratulate you, you know, for your work in preventing, you know, this from being sold with the City fire sale as 36 October 29, 2002 the Port was once sold, and the Water and Sewer Departments were sold and, Christina, thank you for being here to respond to the Chairman's questions. Ms. Abrams: Thank you. What I want to point out is that Manuel Artime is an extraordinary theater and because of the (UNINTELLIGIBLE) to the Commission, it is a very affordable theater. I mean, we can have events here from very professional, well organized we've had opera, we've had theater, we've had extraordinary plays. It ranges in price from $30.00 to $5.00. Because theater is important. We can bring high caliber events as well as community events. You know, we've been fortunate in the last year to renovate the theater. We still have to do the sound and light system. Once we do that, we're going to be in a whole different position to bring a whole different quality of events, but we're lucky, we have very competent staff here. We operated very efficiently and to tell you the truth, last year with all the renovations, we still had 177 event dates and we had 43 professional performances and that's while we were renovating, so next year we have a very optimistic calendar. I think we already have 56 performances, professional performances booked and over 96 events on the books, and that's just at the beginning of this year. Commissioner Sanchez: Mr. Chairman? Ms. Abrams: I think we're going to have a great year. Chairman Regalado: Yes, sir? Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: I respectfully request that the item be deferred and it's brought back to be put on the regular agenda, not on the blue sheets, so we can have proper public hearings to move on and it's your wish to do whatever may be to lease it or sell it. I don't think the votes are here for neither, but I would respectfully request that the item be deferred. Chairman Regalado: Absolutely. We can do that. The only thing that I would request is I would really like to get information. It's very hard to get information, because I really want to understand. When you say professional, would you give us detailed not now, not now, in writing detailed Ms. Abrams: Of course. Chairman Regalado: every event. Ms. Abrams: Ok. Chairman Regalado: If possible, day-by-day. It's not that hard. I mean, you have a log and you just have to type it in a computer and make a copy, send it to the manager and he will forward to 37 October 29, 2002 the members of the Commission, because there are some people that have ideas and ideas for the theater and ideas for more and better events. Ms. Abrams: He can come to us now. Chairman Regalado: (UNINTELLIGIBLE) events. I'm sorry. But we will do this hopefully. If you give us the information, we can do it on the November 19th meeting. Thank you. Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Gonzalez: I'm willing to second commissioner Sanchez' motion to defer, but I believe that it is important that when you want answers, ask specific questions to get answers as you ask any of us and then you ask have any questions I believe that we should be given the courtesy of receiving answers to our questions and another issue is very important, is that whenever something like this is going to be brought up for discussion or arguments you've got to make sure that things are put in the right perspective, because I know there have been some people out there that have put this issue out of context trying to insinuate that you Mr. Chairman was trying to change the name of this theater and I had I don't know how many calls yesterday from the Brigade 2506. This morning I had some representative of the Brigade 2506 up there and more than possible and more than sure that it was never your intention and I'm saying this because I wanted it to be on the record, I'm confident in and I'm sure 100 percent that it was never your intention to change the name of this theater, which has the name of one of the members of the president of the Brigade 2506, so for the public out there I am sure that the Chairman never had that intention. I don't know who spread that rumor, but it really ran fast. Chairman Regalado: Let me just, you know We know the Artime as the Artime and we will know the Artime as the Artime. I don't even pay attention to that because it was the Artime is in Little Havana has always been in Little Havana and Commissioner Gonzalez: Right, but it isn't fair, it isn't fair to say that you -- Mr. Chairman, we all know, you know, your sentiments, your feelings about the Cuban Brigade 2506 and it isn't fair that people have started running around this rumor out there in the community and that need to be abated in the future. Thank you. Chairman Regalado: Ok, so we'll thank you very much. We will hopefully get the information Mr. Manager and add this to the regular agenda to discuss the program. The proposal is, like Commissioner Sanchez requested, to defer this item until we get more information and then, you know, we could discuss the programming and the new ideas that people would bring in terms of When we know what they're doing because I really don't know. I really don't know, and I'm interested because I, with the help of the City Commission, we created the Arts and Entertainment Council and I think that this is one of the best tools, this theater, for the Arts and Entertainment Council, so 38 October 29, 2002 Vice Chairman Winton: So, Mr. Chairman, why don't you send this issue to that committee or appoint Commissioner Sanchez, as the Chairman of the Committee, looks into this rather than us all having to sit here, listen to all the proposals, whatever they may be, and take up two or three hours of our time when it ought to be in some other venue? Commissioner Sanchez: Commissioner Winton, I know what my vote is on this. Vice Chairman Winton: Oh, mine too. I'm not I mean Commissioner Gonzalez: Mr. Chairman? Chairman Regalado: Yes, sir? Commissioner Sanchez: That's the will of the Commission, but, you know, this is an item that came on in the Commissioner's blue sheet, and I respect it, but, you know, I'm going to tell you how I'm going to vote. One, I'm going to vote no to sell it. Two, I'm going to vote no to lease it, because this is the last Mohegan when it comes to community theater. People not only will have the experience to sit there and enjoy great performances, but also to perform on the stage, which is something that's very special to me, so I've always been a supporter of the Commissioner has a problem with the programming and he wants information, I think the staff needs to do that. The staff needs to provide him with maybe an annual schedule of events, including weekends, non-profit versus profits, on the financial point. Is it making money? Is it not making money? We need to know that and I don't have a problem with that. But to sell this great institution, I will not support and to even lease it out without any further discussion to see what's best for this community, that I have a problem with, because this is the most reasonable venue for anyone to come here and hold an event. Vice Chairman Winton: I was only talking about the programming. I wasn't talking about leasing or selling. I was talking about programming. Chairman Regalado: No, no. Leasing, I mean, selling nobody has ever discussed that. Like I said, it was a misprint here about that, but it is about programming, but I think it is important when Joe says is what makes sense. We do need, at least to me, I'm interested. I want to try to give ideas. I'm interested in knowing, but frankly, since you mentioned, I've requested it wasn't the information that I wanted. Hopefully we'll get that information in the near future, so Commissioner Sanchez: Mr. Chairman, let me just add that is Al Ruder, Parks Director here? Every year people with disabilities hold their events here. It's a packed house with great performances with people with disabilities and it's held here, along with many, many other great events and performers that are out there struggling I forgot what's the going rate to rent this? Is it $700? Six hundred? What is it? Lidia Varas: Lidia Varas. I'm the Manager of the Manuel Artime. You rent for $350 when there is a performance of non -ticket sales. It's free for the public, and when there's a non-profit organization they rent for $600. Everything is included. Lights and sound system, piano, 39 October 29, 2002 cleaning process, everything is included and then when it's profit organization it's $650, which is not that much. Chairman Regalado: Ok. When Christina came before the City Commission to raise rates of the Artime remember that? Ms. Abrams: I want to raise the rates so I can make money. Chairman Regalado: But remember what I did? Ms. Abrams: Yes. You said it should be affordable for everyone in the community. Chairman Regalado: I said we should be in the business of (UNINTELLIGIBLE) and that is why I requested that information. That is my point. That this theater is supposed to lose money to bring the people that do not have the resources to do what they have to do. But anyway, hopefully we'll get the information and then we'll discuss more. Ms. Abrams: Thank you. 15. DISCUSSION CONCERNING LIVING WAGE FOR CITY. Chairman Regalado: Thank you. Mr. Chairman, the last thing that I have is the Living Wage ordinance. Mr. Manager, do you have any ideas as to what, if anything, we can do? Carlos Gimenez (City Manager): Well it's definitely a there's an economic impact to the City. Renee, I believe it's in the vicinity of about $2,000,000. Renee Jones: Yes. Mr. Gimenez: To bring everybody up to a living wage and employees of the City of Miami. Give them health benefits, etc. Is that correct? Ms. Jones: That's correct. Renee Jones, Human Resources. We've looked at several different scenarios and depending on which scenario we would proceed with, we're talking anywhere from $2-3,000,000. Chairman Regalado: That's including health benefits. Is it? Ms. Jones: It depends. We have included health benefits. The living wage is $8.56 in Dade County, that's with benefits. Without benefits it's $9.81. Chairman Regalado: We were discussing from day one without benefits. Ms. Jones: Ok. Without benefits we're looking at approximately $2,000,000. I'm sorry; with benefits. 40 October 29, 2002 Chairman Regalado: With or without? Ms. Jones: With benefits $2,000,000. Mr. Gimenez: How about without benefits? Ms. Jones: Without benefits, $2,400,000. Mr. Gimenez: Ok. Because Ms. Jones: What happens, with the benefits, we're looking at a rate of $8.56. If you do not provide the benefits, then the hourly wage rather is $9.81, because you have to add $1.25 to that rate. Mr. Gimenez: I understand that, but did you also add in, with the benefits, what the costs of those benefits would be? Because if we give health benefits, then the City has to kick in a certain amount of dollars per pay period in order to give the health benefits. So, you didn't add those in at all. Ms. Jones: We included all of the benefits, yes. Mr. Gimenez: So it's actually cheaper to give the benefits than is not to give the benefits? Ms. Jones: Well you have a different mix of population as well. With the employees earning less than $8.56, you're talking approximately 157 employees. If you're looking at employees earning $9.81 you're talking approximately 188 employees. So there's a mix of employees with each wage that you look at and therefore your numbers change. Chairman Regalado: Well you see the problem this mike is not working. Could you please? The problem is that you're assuming that all these people work throughout the year? Ms. Jones: These are part-time employees. Your last request was for us to review only part-time employees. Chairman Regalado: I understand that, but you've budgeted this for a whole year. Ms. Jones: That's correct. Chairman Regalado: And some of these people don't work the whole year. Ms. Jones: No. We deleted those employees that are simply seasonal employees. Chairman Regalado: So we still have more. Ms. Jones: These are year-round employees that work part-time. 41 October 29, 2002 Chairman Regalado: These are year-round employees. Ms. Jones: Yes. Chairman Regalado: So we do have like about 300 part-timers. Ms. Jones: It's in the 2-300 range, yes. Commissioner Teele: Did you convert any of the part-time to full-time (INAUDIBLE) Ms. Jones: That was not done in this particular analysis and that's one of the things we can look at. It depends on how we want (INAUDIBLE) Commissioner Teele: No, I just wanted to know, did you convert or did you accept the employees in the role that they're in with the number of hours? Ms. Jones: That's correct. Commissioner Teele: And that number is again a range of $2-3,000,000 a year? Ms. Jones: Depending on the scenario, $2-3,000,000 a year, yes. Chairman Regalado: What I still don't understand, we have part-timers who have been with the City like eight and nine years, some 10, right? Ms. Jones: That's correct. Chairman Regalado: And yet you fill full-time positions; similar jobs. I still don't understand that. Ms. Jones: Well, Commissioner, the Department of Human Resources, we're in the process of going to the various departments. Just as of last week we scheduled training for our part-time employees so that we can explain to them how to complete applications, and this is something we've done in the past, but we are revisiting that, because we want to encourage our part-time employees to apply for full-time positions. Chairman Regalado: Have you rejected any employee for a promotion or a full-time job because of not being proficient in English? Ms. Jones: Not to my knowledge, no. Chairman Regalado: Do you know if anybody in your department has rejected any employee because of not doing the exam well? 42 October 29, 2002 Ms. Jones: No, because we go beyond to help applicants that do not speak English to complete applications and even when we conduct our interview processes, we do that in different languages. So we really go beyond to help all applicants. Chairman Regalado: So no one has been rejected? Outside the categories that you do need the English, there are certain categories. Ms. Jones: Not to my knowledge, sir, no. Chairman Regalado: Ok. If I send you several cases, would you give us Ms. Jones: I'll be happy to investigate it, sir. Chairman Regalado: Ok. Good. I think we have a situation here, I mean, $2,000,000 is $2,000,000 and it is a very big chunk of money, but there are part-timers in this City who have been part-time for 10 years and, you know, these people cannot understand I mean, if Vice Chairman Winton: Mr. Chairman, I thought we had somebody looking at that issue, the details of that issue. Didn't we appoint a Chairman of a committee? This subject is not new and we talked about you've had three different subjects already. One is living wage. The other is this part-time issue and you had a third that's something about people not being fair to Chairman Regalado: Because they're all related. Vice Chairman Winton: something or another. Chairman Regalado: Because they're all Vice Chairman Winton: They're all very different. Chairman Regalado: No they're not. Vice Chairman Winton: Each of these subjects has to be dealt with in a different fashion and it requires different data. I don't care which one you're talking a bout. I don't care that you talk about all of them. The issue that you're focused on right now is about the part-time people. We had a long discussion about this no more than two months ago. I don't remember what It seems to me that somebody was appointed the responsibility to do a more in-depth analysis of who those people are and what it meant and bring back that information to this Commission, but I don't remember who that was now, but I know we had the discussion. It's a long Commissioner Teele: The Labor Management Committee was asked to look at that issue and to look at the implications that it has, and we have a meeting on Thursday I think and that's one of the issues that is going to be coming up. Chairman Regalado: Well Vice Chairman Winton: You were on that committee, aren't you, Commissioner Teele? 43 October 29, 2002 Commissioner Teele: I am at this time. Vice Chairman Winton: Because I think I remember that. You were awfully quiet down there but I could have sworn that the Commissioner that was Commissioner Teele: Mr. Vice Chairman, I indicated to the Labor Management Committee, which I'm now Chairing is going to look at the part-time issue and the wage issue and come back with a full cost and some recommendations. Vice Chairman Winton: That's what I thought. Thank you. Chairman Regalado: So I rest my case. I'll wait until the Labor Management Committee does report, but Commissioner Teele: Mr. Chairman, Mr. Cox is here and Charlie, is there anything that we've said that you disagree with or that you take some exception? Charlie Cox: Quite a few things. One is Commissioner Gonzalez: That's so surprising. Mr. Cox: We have employees that have been here 27 years. Ok, not them. That are still part- time. There are issues where employees are turned down, like you said because of the language barrier. It depends on whether it's an entry level job or a higher job, and they have categories on which jobs they will do interpretations on and not interpretations and I know there are employees that have been turned down for language barriers, because they've contacted me and I would hope when we look at it in Labor Management, we look at the whole spectrum of what Commissioner Regalado is trying to do, because this living wage ordinance has passed in Dade County. It's been passed at Miami Beach. It's been passed all over the place, but it also affects contractors that work here also. So, but the numbers are staggering when you look at employees with more than 10 years. Probably half of them on that list that she's got have more than 10 years with the City. Chairman Regalado: Ok. Thank you very much, Charlie, and we'll wait. Ok, that's it. Commissioner Gonzalez: Just one question. Commissioner Teele is the Chairman of the Labor Relations Commissioner Teele: I'd be happy to let you yield to the Commissioner Gonzalez: No, no, no, no, no. I just want to see your case (UNINTELLIGIBLE) the case. One employee that used to go to Solid Waste he worked for the City, I don't know, how many years. He got laid off during the previous mayor government for political reasons. This gentleman was told that whenever they start to rehire they will call him (UNINTELLIGIBLE) that they were laid off. The gentleman was never called back. He called 44 October 29, 2002 me. We had tried to assist him as best as we could, but so far we haven't been able to do anything to help him. So, he's a black Cuban that lives in Allapattah, so I'm going to send him to see you (UNINTELLIGIBLE). Commissioner Teele: Yeah, I'd be happy Ms. Jones, Renee Jones, is who he should visit with and then let her bring it to us. Because what I think, you know, under our crazy charter provision, we really cannot become involved in hiring. Commissioner Gonzalez: No, I understand that. Commissioner Teele: And a rehiring is a hiring. So Miss Jones, if you could get the matter and then give us a report at the Labor Management I think that would be the way to handle it. But I just want to say on record, I think the City has got to pay a living wage to people that have worked for this City X number of years. I don't know whether it's two years, three years, four years or five years, but at some point it's really it's really indefensible that we would have people working for the City and not being paid and I'm not talking about taking them to 40 hours I'm just saying we need to be on record I think at supporting a living wage for people after X number of years and certainly it's a decision that the Commission and Mayor are going to have to take, but I want to be very clear. I am for paying people that have been with this City X number of years, and I don't know whether that's two years or four years, but after some number of years there ought to be a provision that they're paid and not get us into this quagmire. Commissioner Sanchez: Is this living wage only for the City or is this the living wage ordinance that had been passed by the county in other cities throughout the United States? Chairman Regalado: (UNINTELLIGIBLE) exactly in the county, on Miami Beach and what it does is that it puts employees and contractors Commissioner Sanchez: Yes. Chairman Regalado: And contractors that do business with the City, they're forced to pay a living wage. If they don't, they cannot do business with the City. Commissioner Sanchez: And I've received documents of information pertaining to that. Let me tell you where I have a small problem that can be overcome. One is, you're basically telling anybody that does business with the City that they have to pay that minimum wage. In other words, what's going to happen with these companies is, that they're going to pass the burden right back to the City, so not only are we going to end up paying for the increases to our employees, which I don't have a problem, but we're going to pick up the burden from the contractors that are going to basically just tell, ok, you pass that on to the City, you know, I was charging this much. I have to charge you this much, so at the end of the day, they're not going to be paying for it. The City's going to have to be paying for it or a large percentage of it. Chairman Regalado: You know, Joe, the turnover of those companies are with after Dade County passed that ordinance, the companies are happier because the turnover is lesser than it used to be. 45 October 29, 2002 Commissioner Sanchez: But you see, I'm not worried about their turnover. I'm worried about Chairman Regalado: No, no, no, no, no. Commissioner Sanchez: the turnover of the City of Miami. Chairman Regalado: And I requested from the county and I got the numbers. They did send me some numbers and the county is not paying more for the contracts that it was paying before the minimum wage ordinance. But that's, you know, we'll wait. 16. RATIFY, APPROVE AND CONFIRM MANAGER'S FINDING OF SOLE SOURCE; WAIVE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVE PROCUREMENT OF MOTOROLA XTS 5000 PORTABLE RADIOS AND DIGITAL SPECTRA CONSOLETTES BASE STATIONS WITH SMARTNET TYPE II SOFTWARE AND ACCESSORIES, AND PROVISION TO TRADE-IN EXISTING RADIOS, FROM MOTOROLA, INC., FOR DEPARTMENT FIRE -RESCUE, $845,846.10. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes sir. Commissioner Teele: I move Item 2-A, public hearing. Chairman Regalado: Yes, and Mr. Vice Chairman, just a question of order. At 2 P.M. we have a CRA meeting? Is that correct, the Chairman of the CRA? Commissioner Teele: If it's satisfactory with the will of the majority. Chairman Regalado: I'm just asking if you want to do it at 4 o'clock. Commissioner Teele: Beats doing it on a Monday. Commissioner Gonzalez: I won't be able to be here at 2. Chairman Regalado: Is that ok Commissioner Teele: Yes sir. Yes Mr. Chairman. Chairman Regalado: It is ok. Ok, so the CRA (Community Redevelopment Agency) meeting will be at 2 P.M. just a matter of record. Mr. Vice Chairman, could you Chair please? Commissioner Teele: Move Item 2-A. Commissioner Gonzalez: Second. 46 October 29, 2002 Vice Chairman Winton: We have a motion to second on 2-A. Discussion? Being none, all in favor "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1167 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 PROCUREMENT OF MOTOROLA XTS 5000 PORTABLE RADIOS AND DIGITAL SPECTRA CONSOLETTES BASE STATIONS WITH SMARTNET TYPE II SOFTWARE AND ACCESSORIES, AND THE PROVISION TO TRADE-IN EXISTING RADIOS, FROM MOTOROLA, INC., (NON- MINORITY/NON-LOCAL VENDOR, 4660 S.W. 158TH AVENUE, MIAMI, FLORIDA), FOR THE DEPARTMENT FIRE -RESCUE, ON AN AS -NEEDED CONTRACT BASIS, FOR AN INITIAL ONE-YEAR TERM, AT AN ESTIMATED AMOUNT NOT TO EXCEED $510,871.50, WITH THE OPTION TO RENEW FOR ONE ADDITIONAL YEAR, FOR AN AMOUNT NOT TO EXCEED $334,974.60 FOR THE SECOND CONTRACT YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $845,846.10; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 313303, ACCOUNT CODE NO. 289401.6.840, FUNDED BY THE FIRE ASSESSMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado 47 October 29, 2002 17. FIRST READING ORDINANCE: AMEND CHAPTER 55-15 OF CITY CODE ENTITLED "VACATION AND CLOSURE OF RIGHTS-OF-WAY AND PLATTED EASEMENTS BY PLAT". Commissioner Teele: Move Item 2-B. Commissioner Sanchez: Second. Vice Chairman Winton: Item 2-B is an ordinance and we have changes being passed out to us, so we have a motion and a second on the ordinance. Commissioner Sanchez: What is this? A title and the they're changing the title to the same meeting? Huh? Commissioner Teele: Move Item 2-B substitute. Vice Chairman Winton: Second the motion and a second on the 2-B substitute. Mr. City Attorney would you like to read the ordinance? Priscilla A. Thompson (City Clerk): The ordinance is passed on first reading, 4/0. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55, SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISIONS, REGULATIONS, VACATION AND CLOSURE OF RIGHTS-OF-WAY, PLATTED EASEMENTS BY PLAT"; TO INCREASE THE PERIOD OF TIME FOR WHICH AN APPROVAL OF A REQUEST TO VACATION AND CLOSURE SHALL BE VALID AND REMAIN INDEPENDENT OF THE REFERENCED TENTATIVE PLAT FROM THREE TO FOUR YEARS; FURTHER PROVIDING THAT SUCH INCREASE SHALL BE APPLICABLE TO ANY PREVIOUSLY APPROVED VACATION AND CLOSURE THAT HAS NOT RECEIVED FINAL PLAT APROVAL. CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 48 October 29, 2002 was introduced by Commissioner Teele, seconded by Commissioner Sanchez, and was passed on first reading by title only, by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr. NAYS: None. ABSENT: Chairman Tomas Regalado The ordinance was read by title into the public record by the Deputy City Attorney. 18. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND ENTITLED "ANTI -TERRORISM GRANT AWARD (FY `2001)", CONSISTING OF $100,000 GRANT FROM MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF EMERGENCY MANAGEMENT, FOR PROVISION OF ANTI -TERRORISM TRAINING FOR DEPARTMENT OF FIRE -RESCUE, IN ACCORDANCE WITH TERRORISM RESPONSE PLAN. Vice Chairman Winton: 2-C. Commissioner Teele: We need the full Board. Move Item 3, Mr. Chairman. Vice Chairman Winton: I'm sorry. I didn't hear what you said. Commissioner Teele: I said we need the full Board on 2-C. Don't you think so? Vice Chairman Winton: Well Commissioner Teele: The Chairman's not here. Vice Chairman Winton: Yeah. We need to bring this back this afternoon. I'm tired of looking at it. So, it's had a first reading. We need to make a decision, so it gets off of our agenda one way or the other. Ok. I have a motion on three and Commissioner Gonzalez: Second. Vice Chairman Winton: Got a motion and a second. So, any further discussion? Being none, all in favor, "aye." Commissioner Teele: Mr. Chairman, this is an ordinance. Vice Chairman Winton: It's an ordinance, all right. Call the roll, please. 49 October 29, 2002 Priscilla A. Thompson (City Clerk): The ordinance is adopted on first reading, 4/0. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "ANTI -TERRORISM GRANT AWARD (FY `2001)", CONSISTING OF THE GRANT IN THE AMOUNT OF $100,000 FROM THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF EMERGENCY MANAGEMENT, FOR THE PROVISION OF ANTI -TERRORISM TRAINING FOR THE DEPARTMENT OF FIRE -RESCUE, IN ACCORDANCE WITH THE TERRORISM RESPONSE PLAN; AUTHORIZED BY THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. was introduced by Commissioner Teele, seconded by Commissioner Gonzalez, and was passed on first reading by title only, by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele. Jr NAYS: None. ABSENT: Chairman Tomas Regalado The ordinance was read by title into the public record by the City Attorney. 19. AMEND RESOLUTION NO. 01-556, TO INCREASE FUNDS, $14,027.27, FROM $85,000 TO $99,027.27, FOR PROVISION OF CELLULAR TELEPHONE SERVICES FOR POLICE DEPARTMENT INVESTIGATIVE UNIT. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second on four. But I want to we've got four, five and six. Commissioner Sanchez: Yeah, it's a bit confusing here. Vice Chairman Winton: That I Commissioner Gonzalez: (UNINTELLIGIBLE) 50 October 29, 2002 Vice Chairman Winton: don't get. Commissioner Teele: They've got a real clear answer. Where's the major in charge of this? Raul Martinez: Raul Martinez, Chief of Police, and you're right sir, it's kind of confusing. We're basically trying to correct an error that's been going on for a while. We have been under the impression, the whole City, that telephone usage was like a utility, you know? It never comes in front of the Commission when you pay FP&L to pay the bills. For many years, forever basically, we never brought it in front of the Commission, so we're bringing back these three items. They were supposed to come at different meetings. I said let's do it all at once so we can explain the ones versus I thought you brought it last month to do this. There's three different issues through four, five and six. Item 4 really increases Item 5 by $14,000 for the Law Enforcement Trust Fund paying for a total of 93 phones that are being used for investigative purposes. Item 6 creates a new resolution to pay for general fund phones 92 general fund phones for general fund. So basically you have Law Enforcement Trust Fund phones that are basically for investigative purposes, you have general fund phones basically at the human resource officers and their commanders, some of the staff for the police departments that does that. We have looked at the total number of phones, made an assessment. We used to have 235 out of 1,500 people that have phones we lowered the amount to 185 that have phones now. Our policy makes people pay for all personal phone calls whether they're within plan or not within plan, it doesn't matter. To make a personal phone call you've got to pay for it whether you're within the minutes or not within the minutes. We're waiting, hopefully the City procurement will go out with a brand new bid and take a look. We're now piggybacking the state contract, which is good. One of the negatives things about the State contract is a new company that looks real good, which is Metro PCS. The State can get Metro PCS. Metro PCS only applies services for Dade, Broward and Monroe, so therefore, they don't qualify for a state contract, but we may have to go out ourselves to see how Metro PCS or somebody else compares to Nextel and some of the other companies. Vice Chairman Winton: I'm sorry. Yes? Commissioner Teele? Oh, that was you. I'm sorry. Commissioner Gonzalez: Chief, I'm willing to support this but (UNINTELIGIBLE) costs with (UNINTELLIGIBLE) you need to explain to me this deal with the telephones (UNINTELLIGIBLE) the thing that you need to look at is either, I don't know how many problems are there (UNINTELLIGIBLE) with incoming calls. If you call from your call from your phone to my phone it's free, you know, there could be a lot of savings out there on these types of deals, so I hope that for the next budget you look into different companies and different plans that are out there on the market. Mr. Martinez: Yes, sir, and that's why we're looking for us to go to a bid versus the state program because that Metro PCS is for $35 or $39 Commissioner Gonzalez: Thirty-five dollars. Mr. Martinez: All calls, and one of the things that makes our plan a little bit more expensive was when we make free incoming phone calls and their commanders and the human resource officers 51 October 29, 2002 and people are calling me call me all times of the day. I can't tell them don't call me, I'm exceeding the minutes. Commissioner Gonzalez: That's right. Mr. Martinez: (UNINTELLIGIBLE) because it was difficult to do and that's why we included free incoming phone calls, so that a person would not be penalized, but that increased the cost and (UNINTELLIGIBLE) versus MetroPCS kicks that out the door. Unfortunately, under the state contract MetroPCS doesn't qualify. Vice Chairman Winton: Ok. Any further discussions? Commissioner Gonzalez: No. Vice Chairman Winton: Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. The motion carries. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1168 A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 01-556, TO INCREASE FUNDS, IN AN AMOUNT NOT TO EXCEED $14,027.27, FROM $85,000 TO $99,027.27, FOR THE PROVISION OF CELLULAR TELEPHONE SERVICES FOR THE POLICE DEPARTMENT INVESTIGATIVE UNIT, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND PROJECT NO. 690003 FOR SAID INCREASE. 52 October 29, 2002 (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: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Vice Chairman Winton: That's on four, right? Commissioner Gonzalez: Right. 20. AUTHORIZE PREVIOUS PURCHASES OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR DEPARTMENT OF POLICE, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1, $99,027.27. Vice Chairman Winton: So need a motion on 5? Commissioner Gonzalez: Move 5. Commissioner Teele: Second. Vice Chairman Winton: Got a motion and a second on five. Further discussions? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed? Motion carries. 53 October 29, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION 02-1169 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PREVIOUS PURCHASES OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES FROM VARIOUS VENDORS FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1, EFFECTIVE UNTIL DECEMBER 21, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $99,027.27; ALLOCATING FUNDS FROM LAW ENFORCEMENT TRUST FUND PROJECT NUMBER 690003, AS APPROVED BY THE CHIEF OF POLICE IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING'. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 21. AUTHORIZE PREVIOUS PURCHASES OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES FOR DEPARTMENT OF POLICE FROM VARIOUS VENDORS UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1, $91,667; FUNDING PROVIDED FROM POLICE GENERAL OPERATING BUDGET. Commissioner Gonzalez: Move six. Commissioner Teele: Second. Vice Chairman Winton: Six, got a motion and a second. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 54 October 29, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION 02-1170 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PREVIOUS PURCHASES OF CELLULAR TELEPHONE EQUIPMENT AND SERVICES FOR THE DEPARTMENT OF POLICE FROM VARIOUS VENDORS, ON AN AS -NEEDED BASIS, UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 725-330-98-1, EFFECTIVE UNTIL SEPTEMBER 21, 2002, AND ANY EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $91,667; FUNDING WAS PROVIDED FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NUMBERS 001000.290201.6.510, 001000.290201.6.840 AND 001000.290201.6.850. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 22. DEFER PROPOSED RESOLUTION TO APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) OPERATING BUDGET FOR FISCAL YEAR 2002-2003 UNTIL MSEA APPROVES ITS BUDGET FIRST. Commissioner Teele: Move seven. Commissioner Gonzalez: Seven. Commissioner Sanchez: Discussion. Vice Chairman Winton: Got a motion and second. Discussion, Commissioner Sanchez. Commissioner Sanchez: No, no, no, no, no. No discussion. Vice Chairman Winton: No discussion. Alejandro Vilarello (City Attorney): Mr. Chairman? 55 October 29, 2002 Vice Chairman Winton: Yes, sir. Mr. Vilarello: At this point, Item the MSEA budget has not been approved by its Board of Directors. Commissioner Teele: Oh, I thought it was approved last Mr. Vilarello: At the last meeting it was considered that deferred for additional information. Commissioner Teele: Move that Item 7 be deferred. Commissioner Sanchez: Deferred, second. Vice Chairman Winton: Isn't this past? I mean Commissioner Sanchez: No, it hasn't passed the budget first. Vice Chairman Winton: shouldn't this have been some time ago? Huh? Commissioner Sanchez: They've got to pass their budget first. Vice Chairman Winton: No, I know, but aren't all these budgets supposed to be in as part of our overall master budget? Mr. Vilarello: Yes. Vice Chairman Winton: So, this one's pretty late. Commissioner Gonzalez: It is kind of late. Vice Chairman Winton: Maybe we make sure we take up this other motion here. Commissioner Teele: Move to defer Item 7. Commissioner Gonzalez: Second defer. Vice Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 56 October 29, 2002 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION 02-1171 A MOTION TO DEFER CONSIDERATION OF PROPOSED RESOLUTION TO APPROVE THE MIAMI SPORTS AND EXHIBITION AUTHORITY (MSEA) OPERATING BUDGET FOR FISCAL YEAR 2002-2003 UNTIL MSEA APPROVES ITS BUDGET FIRST. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 23. DIRECT MANAGER TO PROVIDE TRANSPORTATION FOR INNER CITY CHILDREN TO ATTEND HOUSE OF TERROR EVENT. Vice Chairman Winton: On what issue, Leroy? Leroy Jones: None of these issues, Commissioner. It was from the Commission meeting about the House of Terror, with the cell phone tower thing. Kids did the essay thing. Vice Chairman Winton: Uh—huh. Mr. Jones: Tomorrow's the last day to take the kids to the House of Terror and we don't have the transportation to take and why that's so critical is because most of the kids come out of the inner City. We've got parents that don't have transportation or don't have the money to send them. Vice Chairman Winton: How many kids? Mr. Jones: A hundred kids. Commissioner Teele: Mr. Manager, how much money do we need to do that? Carlos Gimenez (City Manager): How many children? Vice Chairman Winton: A hundred. 57 October 29, 2002 Mr. Jones: It's 100 kids. Mr. Gimenez: Ok. Frank, why don't you get with him and see if we can provide some transportation. Vice Chairman Winton: Ok, done. Commissioner Sanchez: (UNINTELLIGIBLE) buses. Mr. Jones: Well Commissioner Teele's office has been working on that trying to get it but they haven't been able to get it. Commissioner Teele: The Manager's office had the responsibility to be getting that done. Vice Chairman Winton: So Frank Mr. Gimenez: Do we still have a part in the summer bus contract to that school? Frank Rollason (Assistant City Manager, Operations): Yes. This is the first I've heard of this one. We'll handle it. Vice Chairman Winton: Ok, so Leroy Frank Mr. Rollason: Yes. Commissioner Sanchez: You do have the tickets? Mr. Jones: No, and we don't even have the tickets. The kids have to go down there and say that Neighbors and Neighbors sent them to get in, so we don't have the tickets. We don't have anything to give them to get there. That's why it's so important for the bus because we can take them together as well. Vice Chairman Winton: Yeah. So you've got meet with Frank. Mr. Gimenez: We're going to meet with Frank (UNINTELLIGIBLE) Mr. Rollason: We'll do something. Commissioner Gonzalez: Mr. Manager? I'm sure if you call Balsera School Bus Company they'd be more than willing to help you assist you with the transportation of helping the kids to the park. Mr. Rollason: Yes, sir. Mr. Jones: Thank you. 58 October 29, 2002 Vice Chairman Winton: Ok. Number 9. Commission district boundary. Commissioner Gonzalez you have anybody? Commissioner Gonzalez: Not at this moment. Vice Chairman Winton: Commissioner Teele or defer? Commissioner Teele: Not at this time. Vice Chairman Winton: Mr. Mayor? Not here. 24. APPOINT SUE BILLIG AS MEMBER OF COCONUT GROVE PARKING ADVISORY COMMITTEE. Vice Chairman Winton: Number 10. Coconut Grove Parking Advisory. There's a Commission at large appointing -- so the Coconut Grove Village Council has recommended Sue Billig to replace Frank Balzebre as the commission at large Coconut Grove Parking Advisory Committee. We need a motion. Commissioner Teele: So move. Commissioner Gonzalez: Second. Vice Chairman Winton: Motion and a second. Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1172 APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. 59 October 29, 2002 (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: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Chairman Tomas Regalado 25. APPOINT JASON WALKER AS MEMBER OF COMMUNITY RELATIONS BOARD. Vice Chairman Winton: Community Relations Board. Commissioner Gonzalez? Commissioner Gonzalez: I'll defer the two appointments. Vice Chairman Winton: I have an appointment that I would like to make, which is Jason Walker. Commissioner Sanchez: Is there a motion? Vice Chairman Winton: So moved. Commissioner Gonzalez: Second. Commissioner Sanchez: Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone opposing, have the same right, say nay. Motion carried unanimously, Madam Clerk. 60 October 29, 2002 The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION 02-1173 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. (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: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Vice Chairman Winton: Thank you. Equal Opportunity Advisory Board. Commissioner Teele? Commissioner Teele: Is Chip here? Carlos Gimenez (City Manager): Yes, he is here. Vice Chairman Winton: Is this on 12, Commissioner Teele? Commissioner Teele: What item is this? Commissioner Gonzalez: Twelve. Vice Chairman Winton: You're on 12. Equal Opportunity Advisory Board. Both of your appointees have exceeded number of absences. Commissioner Teele: Let me pass, Mr. Chairman. Vice Chairman Winton: Ok, and I'm passing also. 26. APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTER' AND POLICE OFFICERS' RETIREMENT TRUST. Vice Chairman Winton: Number 13. 61 October 29, 2002 Commissioner Gonzalez: I proffer Chief Clarence Dickson. Vice Chairman Winton: Now, where does that fit in this? You have to help me out. Commissioner Gonzalez: Commission at -large requested to appoint one of the following individuals, submitted by the Fraternal Order of Police, to replace Al Gurdak, who will resign. Vice Chairman Winton: And who did you -- Commissioner Gonzalez: They have these names. Ex -Chief Clarence Dickson is my proffer. Vice Chairman Winton: OK. We have a motion on the table. Do we have a second? Commissioner Sanchez: Second. Vice Chairman Winton: We have a motion and a second. Discussion. Al Cotera: Is this open? Vice Chairman Winton: Being none -- I'm sorry? Mr. Cotera: Is it open? Vice Chairman Winton: Oh, I'm sorry. Yes, Al. I'm sorry. Mr. Cotera: Let me give you a little bit of a -- Al Cotera, President, Fraternal Order of Police. Let me give you a little bit of history of how this has worked in the past. When retired person -- and this is under Section 40-193 -- the Fraternal Order of Police makes a recommendation. Part of that recommendation is to include a list of six names. My initial recommendation was somebody who was already there, Robert Williams, who currently serves as Chairman, and has held the seat for over 18 years. His -- Commissioner Gonzalez: Mr. Chairman. Vice Chairman Winton: Yes. Commissioner Gonzalez: May I interrupt for a minute? Vice Chairman Winton: Yes. Commissioner Gonzalez: Mr. City Attorney, this is an appointment that we're supposed to make at the Commission level, right. Alejandro Vilarello (City Attorney): There's four trustees -- Commissioner Gonzalez: Is this a public hearing or is this an appointment? 62 October 29, 2002 Mr. Vilarello: Well, this is not a public hearing. Commissioner Gonzalez: This is not a public hearing. Mr. Cotera, do you have a problem with Mr. Clarence Dickson being nominated for this Board? Mr. Cotera: I just don't feel that he has the experience that we're going to need in the situation -- Commissioner Gonzalez: He doesn't have the experience, and he was Police Chief? Mr. Cotera: Sir, you could be the Police Chief and not know a damn thing about Pensions. That's a reality. Commissioner Gonzalez: Well, then -- Mr. Cotera: We're talking about Pension experience. We're talking about -- Commissioner Gonzalez: Then I believe that, before you submit something like this, you should submit the names that you would like to see appointed, attached with a resume, so you can document to us, because the only person that I know out of this entire list is Clarence Dickson, whom I had the honor to meet personally when he was Police Chief. Mr. Cotera: I understand that, Commissioner. Commissioner Gonzalez: The rest of the people, to be honest with you, I don't feel comfortable. I don't know if the rest of the Commission knows any of these gentlemen. Mr. Cotera: Commissioner, I'm not -- Commissioner Gonzalez: But I don't know them. So, I'm nominating the only person that I know from this list, who was a Police Chief in the City of Miami. Mr. Cotera: I understand that. Vice Chairman Winton: OK. So -- Commissioner -- now, Al -- Commissioner Gonzalez: Item 13. Vice Chairman Winton: We're on Item 13, yes. Al, you want to finish? Mr. Cotera: Yes. And I'm not complaining. I'm following the ordinance. I first submitted the name of the individual, who was in the seat, who attends all the meetings, and has attended all the meetings; through the financial crisis, through the early buy-outs of 1991, 1995, all of which took tremendous effort on the part of the Pension Board and its trustees. When I submitted just one name, Commissioners, I was advised that, under 40-193, I'm supposed to turn in a list of six names. I wrote a letter that is not included in this package -- oh, yes, it is. If you'll see in the 63 October 29, 2002 package that was supposed to follow the agenda, my letter of August 23, 2002, to the City Manager, explaining that we need to make an appointment, that the Commission had requested a total of six names. However, I did include a lot of information about Robert Williams, so that you would not be blindsided, and find yourself in a situation where you don't know anybody else on that list. Our recommendation to the Commission, based on past experience, is that you nominate and appoint Robert Williams. Vice Chairman Winton: Thank you, Al. Commissioner Gonzalez: Well, I already made my motion, and I have a second, so -- Vice Chairman Winton: Hold on. Mr. City Attorney, so, I just want to make sure that what we're doing meets the requirements of the Code. Mr. Vilarello: Your obligation is to select one of the six members nominated by the FOP (Fraternal Order of Police), and I'm assuming that this is the FOP's nominated trustee, so you can go with the recommendation of the FOP, or pick any of the names that they've listed for you. Vice Chairman Winton: But the name that we have a motion on does not -- is not included in this list. Commissioner Gonzalez: Yes, it is. Mr. Vilarello: Yes, it is. Clarence Dickson. Vice Chairman Winton: Oh, it is? Commissioner Gonzalez: It is. Clarence Dickson. Vice Chairman Winton: I looked at it five times and never saw it. Commissioner Gonzalez: It is. Clarence Dickson. Vice Chairman Winton: OK. Got it. So, by Code, we can pick any of the names on this list? Mr. Vilarello: Correct. Vice Chairman Winton: Got it. OK. Any further discussion? Being none, we have a motion and a second on Clarence Dickson. All in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 64 October 29, 2002 The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-1174 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 27. APPOINT PABLO PEREZ CISNEROS AS MEMBER OF CITY'S FLORIDA ECONOMIC DEVELOPMENT FINANCING AUTHORITY (See #68). Vice Chairman Winton: Fourteen. Economic Development Financing Authority. Commissioner Gonzalez. Commissioner Gonzalez: I would like to proffer Mr. Pablo Perez Cisneros. Vice Chairman Winton: Need a motion. That's a motion. Got a second? Discussion? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 65 October 29, 2002 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION 02-1175 A MOTION APPOINTING PABLO PEREZ CISNEROS AS A MEMBER OF THE CITY OF MIAMI, FLORIDA ECONOMIC DEVELOPMENT FINANCING AUTHORITY. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado 28. APPROVE APPOINTMENTS OF NORA HENDRIX, CYNTHIA GABER, DARRYL RUTZ AND JENNIFER LANGE TO SOUTH FLORIDA WORKFORCE BOARD. Vice Chairman Winton: Mr. Mayor? Not around. Appointments of South Florida Workforce Board. Do we have at least some yet? Do we want to the four mandated. Where are those? So we have the four mandated. We have not done these? Ok. So, in your packet there's a list of four that have been mandated. We need a motion on those. Commissioner Teele: Mandated. Commissioner Gonzalez: Second. Vice Chairman Winton: Yeah. We have a second on the mandated. Discussions? Being none, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. 66 October 29, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1176 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE APPOINTMENT OF FOUR (4) INDIVIDUALS FROM THE MANDATORY CATEGORIES TO THE SOUTH FLORIDA WORKFORCE BOARD AS DETAILED IN SECTION 2 OF THIS RESOLUTION. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Joe Sanchez Vice Chairman Winton: 16, discussion. Commissioner Gonzalez: Can you defer number 16 in the afternoon? Vice Chairman Winton: Sure. Commissioner Gonzalez: So we have Chairman Regalado on the dais. Vice Chairman Winton: So do we have to take the formal motion or can we just move this to afternoon? Alejandro Vilarello (City Attorney): At the discretion of the Chair. Vice Chairman Winton: I'm sorry. Ok, fine. We're moving it Mr. Vilarello: Discretion of the Chair, unless they overrule you. Vice Chairman Winton: Item 17, you all want to move that to the afternoon also? Commissioner Gonzalez: No, that was 16. Vice Chairman Winton: Yeah. But 17 is assisting Miami -Dade County with general election; a discussion item. Commissioner Gonzalez: Move 17. 67 October 29, 2002 Vice Chairman Winton: What are we moving well, we have a motion, need a second. Frank Rollason (Assistant City Manager, Operations): That's a discussion item for me to give you an update on Commissioner Gonzalez: Right. Mr. Rollason: where we are. Commissioner Teele: Move that to this afternoon with Commissioner Regalado present. He's Vice Chairman Winton: I agree. Commissioner Gonzalez: A motion to defer that. Vice Chairman Winton: Yeah. We'll just move that to the afternoon. Commissioner Teele, you want to take up the issue on Gibson Park? Commissioner Teele: They set that for 5 P.M. Vice Chairman Winton: Oh they did? Commissioner Gonzalez: Yes. Vice Chairman Winton: We have a hearing on Miami High, that's at 5 P.M. also. Commissioner Gonzalez: (UNINTELLIGIBLE) yes. We're done. All we have is PZ's. Vice Chairman Winton: We can also go to PZ we can break for lunch then. Commissioner Gonzalez: Yeah. Vice Chairman Winton: Ok. Commissioner Gonzalez: Break. Vice Chairman Winton: Break for lunch? Commissioner Teele: We're in good shape to get out of here at 7:30. Vice Chairman Winton: Yes sir, we are. We're coming back at 2 o'clock for a CRA (Community Redevelopment Agency) Board meeting. 68 October 29, 2002 Commissioner Gonzalez: Can we make it at 2:30? Commissioner Teele, do you have any problem with 2:30 time? Because Commissioner Teele: (UNINTELLIGIBLE) Commissioner Gonzalez: I do have a meeting and, you know, unless Commissioner Teele: Would someone call Commissioner Regalado and make sure he knows 2:30? Commissioner Gonzalez: Well, you know, you can start without me if you want to. You know, I'm going to be a little late because I have a meeting to attend at the beginning, but I should be here by 2:30. Commissioner Teele: Well, we'll start at two, but whatever time we start in. [Thereupon, the City Commission went into recess at 12:08 pm.] 69 October 29, 2002 MINUTES OF THE REGULAR BOARD OF DIRECTORS MEETING OF THE COMMUNITY REDEVELOPMENT AGENCY FOR SOUTHEAST OVERTOWN/PARK WEST AND OMNI DISTRICTS On the 29th day of October 2002, the Board of Directors of the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni Districts of the City of Miami met at the Manuel Artime Center, 900 Southwest First Street, Miami, Florida. The meeting was called to order at 2:15 p.m. by Chairman Arthur E. Teele, Jr., with the following Board Members found to be present: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez ABSENT: Board Member Angel Gonzalez ALSO PRESENT: Carlos A. Gimenez, City Manager, City of Miami Frank Rollason, Assistant City Manager, City of Miami Alejandro Vilarello, City Attorney, City of Miami William R. Bloom, Special Counsel, CRA, Holland & Knight Priscilla A. Thompson, City Clerk, City of Miami Sylvia Scheider, Assistant City Clerk, City of Miami Annette Lewis, Executive Director, CRA, City of Miami Anna Medina, Chief Deputy Clerk, City of Miami 70 October 29, 2002 29. ACCEPT REPORT FROM CRA EXECUTIVE DIRECTOR REGARDING CRA DIRECTIVES. ACCEPT REPORT IDENTIFYING CRA APPROPRIATIONS SINCE FISCAL YEAR 2000. RECEIVE MONTHLY FINANCIAL STATEMENTS AS OF MAY 31, 2002, JUNE 20, 2002 AND JULY 31, 2002. ACCEPT UPDATED STATUS REPORT OF CRA OWNED PROPERTIES DATED AUGUST 12, 2002. Chairman Teele: Gonzalez indicated he would not arrive until 2:30. And we told him that we would go forward, with the understanding that we wouldn't start sharp at two. The time is now approximately 2:15, so we've split the difference. Mr. Attorney, Madam Director, thank you very much. The first item is the consent agenda, Items 1 through 5. Discussion on any of the items relating to 1 through 5. Item Number 1. Vice Chairman Winton: Mr. Chairman. Chairman Teele: Commissioner Winton. Vice Chairman Winton: Not on Item Number 1. On number 2, do you want to -- do you want me just to hit on the two that I had some comments on? Chairman Teele: Yes, if you don't mind. Vice Chairman Winton: Yeah. On both 2 and 4 what I asked the Executive Director to do was to change the format of both of those reports so that it ended up with information that was -- while those reports may be meaningful to the Executive Director, they didn't have meaning to me as a board member. So I don't know if she's given you a copy of the proposed format changes that add additional information. And with the additional information, I think those reports can become useful to -- certainly to me as a board member. And I don't know if you've seen those changes in format or not. And if you haven't -- Annette, do you -- Annette Lewis (Executive Director of CRA): I'm here, sir. Vice Chairman Winton: Where's Annette? Oh, I'm sorry. Do you have the hand -scribbled notes that I made? Ms. Lewis: Yes, I do, sir. Vice Chairman Winton: OK. So, Commissioner Teele, it may not be important for you to even look at that right now. If you want to look at it, we have it. If you don't, that's fine. We can move on. The other issue relative to Item Number 2 is that I just want to make sure that we're not -- with Item Number 2, that we're really not approving anything. This is a report that the 71 October 29, 2002 Executive Director has put together, and it mixes capital with operations, and I can't tell if -- and it isn't done project by project. It seems to be in some sort of sequential order that's all right. I mean, I'm not opposed to the sequential order. I just want to make it clear that we're not -- that when we look at this report and it comes before us, and even with the modified format that I've asked for, this isn't us approving anything. This is simply an informational report in front of us, but it approves absolutely nothing. And so, I just want to be real clear about that. And that concludes my comments on CA (Consent Agenda) items. Board Member Regalado: Mr. Chairman. Chairman Teele: On Items 1 through 5. Yes. Board Member Regalado: When we get done with that, I have a motion, as part of a direction I received from the CRA (Community Redevelopment Board) Board. Chairman Teele: All right. On Items 1 through 5. Items 1 through 5 don't approve anything. Vice Chairman Winton: No, I'm only talking about item -- when I said, we're not approving anything -- Chairman Teele: You were talking about number 2. Vice Chairman Winton: I'm talking about -- yes, that's correct, I'm talking about Number 2. I wasn't talking about all the items. I'm simply talk -- when I made those comments, it's only about Item Number 2. I just wanted to be clear that we're looking at an informational report, but we're not approving anything. Chairman Teele: Right. Item Number 4 was withdrawn, as per your request for reformatting. So, what we have before us is just the information receiving Items 1, 2, 3, and 5? Vice Chairman Winton: That's correct. Chairman Teele: All right. Is there a motion to receive those? Board Member Regalado: Move it. Vice Chairman Winton: So moved. Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. 72 October 29, 2002 The following motion was introduced by Board Member Regalado, who moved for its adoption: MOTION NO. CRA/SEOPW 02-157 MOTION NO. CRA/OMNI 02-81 A MOTION ACCEPTING A REPORT FROM THE CRA EXECUTIVE DIRECTOR REGARDING CRA DIRECTIVES. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez The following motion was introduced by Board Member Regalado, who moved for its adoption: MOTION NO. CRA/SEOPW 02-158 MOTION NO. CRA/OMNI 02-82 A MOTION ACCEPTING A REPORT IDENTIFYING CRA APPROPRIATIONS SINCE FISCAL YEAR 2000. (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez 73 October 29, 2002 The following resolution was introduced by Board Member Regalado, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-159 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) RECEIVING THE MONTHLY FINANCIAL STATEMENTS AS OF MAY 31, 2002, JUNE 20, 2002 AN JULY 31, 2002, AS PRESENTED BY THE CHIEF FINANCIAL OFFICER OF THE CRA. RESOLUTION NO. CRA/OMNI 02-83 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) RECEIVING THE MONTHLY FINANCIAL STATEMENTS AS OF MAY 31, 2002, JUNE 20, 2002 AN JULY 31, 2002, AS PRESENTED BY THE CHIEF FINANCIAL OFFICER OF THE CRA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez The following motion was introduced by Board Member Regalado, who moved for its adoption: MOTION NO. CRA/SEOPW02-160 MOTION NO. CRA/OMNI 02-84 A MOTION ACCEPTING UPDATED STATUS REPORT OF THE CRA OWNED PROPERTIES DATED AUGUST 12, 2002. 74 October 29, 2002 (Here follows body of motion, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez 30. AUTHORIZE ACTING CRA EXECUTIVE DIRECTOR TO EXPEND $50,000 TO CONDUCT EXECUTIVE SEARCH FOR CRA EXECUTIVE DIRECTOR. Chairman Teele: OK. Now, Commissioner Regalado, you had a motion you wanted to make? Board Member Regalado: Yes, sir. I -- remember I was directed to start a process for the Executive Director search, and I -- we have been communicating with the City Manager, Human Resources, and the Executive Director of the CRA (Community Redevelopment Agency). And I have a motion allocating an amount, not to exceed twenty-five thousand, to conduct an executive search for the position of CRA Executive Director, and further directing the City Manager to initiate the search, based on the process as described -- Chairman Teele: Wait, wait, wait. Board Member Regalado: -- in his memorandum, dated October 17th, 2002. Chairman Teele: For this motion, you can make the first motion. In the next meeting, you can make a motion directing the City Manager, but you can't direct the City Manager from -- in a CRA motion, respectfully. Board Member Sanchez: So, in other words, all we're doing is we're approving -- Chairman Teele: Making the money available. Board Member Regalado: Making the money available. Board Member Sanchez: Making the money available for the headhunter search? Chairman Teele: Yeah. Board Member Regalado: Sure. 75 October 29, 2002 Board Member Sanchez: Second. Chairman Teele: And in the next meeting, we can -- Board Member Sanchez: Second. Board Member Regalado: Sure. No problem. Vice Chairman Winton: I would like to -- I'm not sure that's enough money. So -- Chairman Teele: Well, why don't we say not to exceed fifty thousand dollars ($50,000), and -- Vice Chairman Winton: Yeah. Chairman Teele: -- that way -- Vice Chairman Winton: I was going to say, I don't want to telegraph -- well, it's not even telegraphing a number. I mean -- because all these agencies charge roughly the same kind of thing. So, the management or whomever will conduct this negotiation, with a search firm, will negotiate the best deal for us. And so, frankly, I would ration it up to seventy-five thousand, to make sure we have an appropriate range to work with, and if it costs thirty-five, Hallelujah. If it costs seventy, then we don't have to come -- we don't have to wait another month just to start the process. Board Member Regalado: Johnny, I don't have a problem. I just thought on that figure, because for the City Manager search, we had said not to exceed fifty thousand and I figured that an agency of the City would not be comparable to the City itself. So that's why I brought -- and besides, let me tell you. The Manager has done a good job in describing -- in giving a lot of information. They don't have to do their homework. They will just give them the process, and it pinpoints in the memos -- different memos from the Manager, it pinpoints -- it narrows the search. So that's why -- I've read all the memos, and that's why I brought the number of twenty- five thousand. Vice Chairman Winton: Well, I just don't want you to have not enough money, and, therefore, you have to wait until there's another CRA board meeting. There's a huge -- the CRA has a very, very big agenda and Annette can't do all this stuff. We all know that. Board Member Regalado: No problem, at all. It's as you wish. I mean, I don't -- Vice Chairman Winton: I'd rather give you more money -- authorize up to -- you don't have to spend it, but authorize up to the seventy-five thousand dollar ($75,000) level and don't spend what you don't have to spend. Board Member Regalado: In fact, I have copies of the memos from the Manager. Chairman Teele: What's the dollar amount you're going to accept, 50 or 75? 76 October 29, 2002 Board Member Regalado: Fifty. Fifty. Chairman Teele: Is there a second? Commissioner Sanchez: Second. Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Board Members (Collectively): Aye. The following resolution was introduced by Board Member Regalado, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-161 RESOLUTION NO. CRA/OMNI 02-85 A RESOLUTION OF THE BOARD OF DIRECTORS OF COMMUNITY REDEVELOPMENT AGENCY (CRA) (subject matter: AUTHORIZING THE ACTING CRA EXECUTIVE DIRECTOR TO EXPEND AN AMOUNT NOT TO EXCEED $50,000 TO CONDUCT AN EXECUTIVE SEARCH FOR A CRA EXECUTIVE DIRECTOR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Chairman Teele: On the point, we have authorized fifty thousand for a Manager, Johnny, and it would just seem to me that fifty would be sufficient. There's two things -- two or three things that should be noted in this context. Number one, most of the redevelopment authorities are looking now to Miami, given what has happened in the Southeast Overtown/Park West District, going from a hundred and forty-eight thousand to well over two point five million dollars ($2,500,000). I think, you know, one of the things is you're going to wind up looking out of state largely, because this CRA is about as big and marginally as successful as any at this point in time. Secondly, Commissioner Regalado -- 77 October 29, 2002 Board Member Regalado: Yes, sir. Chairman Teele: -- this is very important, and I had hoped to deal with it while Ms. Lewis was out. When we talked Ms. Lewis a year ago into taking the job, we indicated to her that we would do, within 30 to 60 days, a salary range adjustment. I'm going to ask that you take that under advisement, as a part of your process in meeting with the City Manager and the various departments -- I mean, the Human Resources Department, and come in with a recommendation regarding the current Acting Executive Director, because the salary structure that we set up is nowhere near fair, we know it's not fair, given the fact that she's been doing two jobs, based upon what the management audit is showing, et cetera. We need to take a look at that. So, I'm going to ask Commissioner Regalado if you would, as a part of this whole review, look at that issue, as well. Board Member Regalado: OK. 31. RECEIVE AUDITED SEPTEMBER 30, 2001 FINANCIAL STATEMENTS AND MANAGEMENT LETTER. Chairman Teele: Item number 6. Commissioner Winton, do you have enough information that you've requested on this? Vice Chairman Winton: Well, yes. I have -- you know, I've carefully reviewed the letters. I'm sure, you know, we've all read the management letter. There are many of the same things there two years in a row. And the answer is, Commissioner Regalado's task here. You know, until we get that task completed, we're really going to be seriously hamstrung, and we cannot address the lion's share of those issues without some additional help. Now, one of the things that I haven't spent enough time thinking about, that I'll just kind of think a little bit out loud here, is whether or not we should consider, particularly on the accounting side and some of the crucial issues that were outlined in the management letter on the accounting side, we might want to think about or have some discussions somewhat about whether or not we ought to pay for some additional services from the outside, on a temporary basis, until we get our house in order. And, frankly, I haven't had enough time to -- you know, I don't know if it is that I didn't have enough time, or just flat didn't think about it but whatever the case may be -- Chairman Teele: Well, I can tell you right now that I'm always in favor of paying for outside services in lieu of hiring staff, and if there has been a mistake made -- if a mistake is made, I'm always going to opt in favor of keeping the staff levels as small as possible, and hiring outside people. Because, you know, the CRA (Community Redevelopment Agency) has moved like an accordion. Five years ago, you know, the CRA didn't have three projects that it was working on, and the CRA budget was a hundred -- TIF (Tax Increment Fund) was a hundred and forty-eight thousand dollars ($148,000). Today, it's a whole different set of facts and circumstances. And so, I think, you know, Johnny, what might be very helpful is, in the next meeting, why don't you come back with a recommendation and meet with the City management, based upon the -- Vice Chairman Winton: I will. 78 October 29, 2002 Chairman Teele: -- the contracts that we have outstanding, the various audit firms that we have under contract. They -- you know, with the City, they could be piggybacked to do some accounting services, and we retain our own separate independent auditor. Vice Chairman Winton: That's right. I agree. So I'll look at that and bring back a recommendation at the next meeting. Chairman Teele: And work with Ms. Lewis on that. Vice Chairman Winton: Right. Board Member Sanchez: Mr. Chairman. Chairman Teele: Commissioner Sanchez. Board Member Sanchez: The management letter clearly has made recommendations on just about every aspect, both on the Financial Department budget compliance, on payroll, project cost accounting, operational review, authorization of check signing. I mean, these recommendations - Chairman Teele: Check signing? The CRA doesn't write any checks, do we? Annette Lewis (Executive Director of CRA): Sir, that -- Board Member Sanchez: Well, they have recommendation here. Ms. Lewis: We outsource our payroll and Julie Weatherholtz, her signature was still on the check stock that ADP (Automatic Data Processing, Inc.) -- Chairman Teele: Yeah, yeah, but see, again -- because this is -- the one thing that I said when I took over, I will not be responsible for the finances. You know, the finances of this organization are done by the City of Miami. Let me ask a question again. Do we do any check signing? Ms. Lewis: No, sir. Chairman Teele: OK. So, any references to check signing, et cetera, are City of Miami issues, as our fiduciary? And I don't mean -- you know, because -- but go ahead. I wanted to clarify that point. Pardon. Board Member Sanchez: Point well taken. Just the management letter clearly stated -- and they did their job -- and he clearly identified an observation, that we note that one of the authorized signatures on the agency's payroll check is no longer employed. But I just went down through the recommendations that are made by the management letter, and what we -- our goal is to make sure that next year -- Chairman Teele: Yeah. 79 October 29, 2002 Board Member Sanchez: -- we comply with all of these, because if you looked at the management letters that are previous, we went year after year after year basically -- you know, whether we didn't comply with it or it was -- it was just an ongoing practice, and that's -- it's concerning to me and it's alarming to me to make sure that next year, once we bring in an Executive Director and we have -- we do the proper things to make sure that these recommendations are complied with. Chairman Teele: I agree with you one hundred percent, but I think it's important to know the context of this. Because of the timeline on the audits, you've got two audits, literally, within 60 days of each other. Ms. Lewis: Correct, sir. Chairman Teele: So, it's not like going -- I mean, you're right. Board Member Sanchez: Commissioner, and both audits were basically the same. Chairman Teele: Were basically the same, over the same basic time periods -- timelines. OK. And I think that's a very good point. But I think, again, those matters that relate to finance are a part of the management audit, but just so that the board knows, those matters are contracted out to the City of Miami. Vice Chairman Winton: Well, they may be but we're still responsible. So, we've got to -- Chairman Teele: We're responsible in another hat, but we're not responsible -- Vice Chairman Winton: We're responsible in this hat that we have on right now. As the CRA Board, we have the ultimate responsibility to see to it that whomever we hire for contract services, whether it's the City of Miami or KPMG (Klynveld, Peat, Marwick, Goerdeler), does the work that we need done, in a fashion that it should be done in, in a professional manner, and on time and all that jazz. And so, we still -- it's -- Board Member Sanchez: (INAUDIBLE) Vice Chairman Winton: We have to shoulder the full blame and, at the end of the day, the public's going to look to us anyhow. So, even if there were a legitimate way out of that box, I'm not like -- you know, that's our responsibility and we're going to pay attention to that. And besides we're good enough to do it. So -- Chairman Teele: Exactly. Vice Chairman Winton: So end of story. 80 October 29, 2002 Chairman Teele: Further discussions on the management audit. Commissioner Winton, will you look at the issue of contracting out some of the services that have been identified, and give us your views? Vice Chairman Winton: I think what I was -- what I would like to -- and I'm going to go through the management letter, and look at the issues relative to the management letter and I'm going to go through it with a couple of people that are, you know, that understand all the accounting stuff, and I'm going to bring back recommendations. I'm going to bring back recommendations to hire someone, an entity, or two different entities or whatever the case may be, so that we can get at the heart of the issues in the management letter. That's going to be the principal, primary, round one focus and then we'll move to other things that we may need to immediately thereafter. Chairman Teele: And, Commissioner Winton, I would strongly prefer that those entities be an entity and not individuals. Vice Chairman Winton: No -- I agree with you, by the way. Chairman Teele: More adept, more ability to get it done -- Vice Chairman Winton: Agree a hundred percent. Chairman Teele: You know, less of the -- all right. So can we just -- can we have a motion to accept or receive the -- Vice Chairman Winton: So moved. Board Member Sanchez: Management letter? Chairman Teele: Yes. Board Member Sanchez: So moved. Second. Vice Chairman Winton: And the audits. Board Member Sanchez: Second. Chairman Teele: And the audit. Moved by Commissioner Winton, second by Commissioner Sanchez. Is there a disagreement? All those in favor say "aye." The Board Members (Collectively): Aye. 81 October 29, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-162 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) RECEIVING THE AUDITED SEPTEMBER 30, 2001 FINANCIAL STATEMENTS AND MANAGEMENT LETTER AS PREPARED BY KPMG. RESOLUTION NO. CRA/OMNI 02-86 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) RECEIVING THE AUDITED SEPTEMBER 30, 2001 FINANCIAL STATEMENTS AND MANAGEMENT LETTER AS PREPARED BY KPMG. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez 32. AUTHORIZE CRA TO ENTER INTO AGREEMENT WITH OFFSTREET PARKING (MIAMI PARKING AUTHORITY), $12,500, FOR PLANNING AND DESIGN OF PARKING LINER BUILDING TO SUPPORT 24 HOUR ENTERTAINMENT DISTRICT IN PARKWEST REDEVELOPMENT AREA. Chairman Teele: OK. Items 7 and 8 are particularly , I think, important to the future of the CRA (Community Redevelopment Agency), and I think it's really important in terms of what it is this Board has expressed, at least, my understanding of our working relationship, not only with the private sector but with Off-street Parking. And I note Mr. Noriega was here. Is he here still? OK, Art. I just wanted to make sure that you were here. Item number 7, would you explain it, Ms. Lewis? 82 October 29, 2002 Annette Lewis (Executive Director of CRA): Item number 7 is the CRA partnering with Off - Street Parking, and a private developer, in commissioning a study for the planning and design of a parking minor building to support the 24-hour district. The initial project site was the site that we had gotten -- the CRA Board had given authority to purchase the -- I think it was 901 Northeast First for two point nine five million. The private -- a private developer in this case has purchased it, and wants to work with the CRA in terms of the concept that was presented by Dover Kohl at that meeting for the site. In addition to that, we've asked to expand the study, not only for that site, but surrounding areas, to get a more comprehensive look at what the stakeholders are requesting in the Park West area, which is not only parking, security, and other amenities, in order to, you know, have other developers come in and those who are there, to stay. So, in this case, the CRA will be -- well, we're requesting that we authorize twelve thousand five hundred. Mr. Noriega's group is going to put twelve thousand five hundred, and then the other half is being -- Chairman Teele: Twenty-five thousand is coming from a private developer? Ms. Lewis: Correct, sir. Vice Chairman Winton: Oh, OK. So we represent one-fourth of the -- Ms. Lewis: Correct. Chairman Teele: This is a true public/private partnership -- Vice Chairman Winton: Yeah. Chairman Teele: -- and the important thing -- Vice Chairman Winton: I like that. Chairman Teele: -- is this is in the heart of where we're getting our money. I mean, our TIF (Tax Increment Fund) is coming from -- largely from this area. I don't agree necessarily with the characterization that's contained in the resolution, which is the -- to support the 24-hour district, because this is really going beyond the 24-hour -- it's within the 24-hour district, but this building is not going to be about a club. This building is really going to be a typical mixed use building, residential lofts, with a parking component that supports the -- Ms. Lewis: Retail (INAUDIBLE) Chairman Teele: -- 24-hour but it's also retail, et cetera. And the developer -- is it clearly disclosed who the developer is and all that? Because I think it's really important that there be transparency. As I indicated, the developer is the largest developer of these types on South Beach and that is a joint venture between the Robbins -- Ms. Lewis: Scott Robbins. 83 October 29, 2002 Chairman Teele: -- Company and Tony Goldman -- Ms. Lewis: Correct, sir. Chairman Teele: -- who is Mr. South Beach, the Chairman of the Tourist Development. And let me just say this, Commissioners, Board Members. They overbid -- they out bidded us for the land. Our price was two points -- Ms. Lewis: Two point nine five. Chairman Teele: Two point nine. Their price -- they pay two point seven for seventy percent of it. Ms. Lewis: Correct, sir. Chairman Teele: If you take their price -- Mr. Attorney, and I need you to do a legal memorandum -- they paid the equivalent of about three point three million dollars ($3,300,000) - Ms. Lewis: Correct, sir. Chairman Teele: -- for the parcel. They immediately came back and said, "Look, we did this on Miami Beach very successfully with the public sector, with Miami Beach." They keep making reference to some building, apparently, that's got ivy now coming all down the parking lot. And they said this is an ideal public/private partnership kind of thing. It will -- it is about residential. It is not about the club district, per se. The building is designed to be a mixed-use residential/commercial, with a first floor retail and a parking facility. What they're looking for Off -Street Parking and us to do is to literally own the parking component of it, if you will. We've basically said, we've got some real concerns about some of the environmental issues on the street level. And so, this study is to try to figure out what the building could be, what it will be. We felt it important to let Off -Street Parking take the lead, and empower them to sort of weigh in on the parking side of this. And as opposed to arguing about this, we appear to be all on the same side. Vice Chairman Winton: This is fabulous. Do we have a motion yet? Chairman Teele: Not yet. Vice Chairman Winton: So moved. This is on 7, right? Chairman Teele: Yes. Vice Chairman Winton: So moved. Board Member Sanchez: Second. 84 October 29, 2002 Chairman Teele: Is there objection? Art, would you just state, for the record, that you all are going to move forward and you're going to keep our board informed because, basically, what we're doing is, we're going to make the grant to Off -Street Parking. They're going to then come back and keep us informed. Again, the idea is no need for us to go out and hire a staff person now to do parking. Let's work with Off -Street Parking, et cetera. Vice Chairman Winton: Yeah. Art Noriega: Art Noriega, Executive Director, Miami Parking Authority. Yeah, we are in full agreement. Our intent is to move forward, study the feasibility of this project on site, work with the developer and report back to the Board our findings. Vice Chairman Winton: This is great. Chairman Teele: No further discussions. Thank you very much, Mr. Noreiga. All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: Those opposed? The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-163 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA TO ENTER INTO AN AGREEMENT WITH OFFSTREET PARKING (MIAMI PARKING AUTHORITY) IN THE AMOUNT OF $12,500 FOR THE PLANNING AND DESIGN OF A PARKING LINER BUILDING TO SUPPORT THE 24 HOUR ENTERTAINMENT DISTRICT IN THE PARKWEST REDEVELOPMENT AREA. 85 October 29, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez 33. AUTHORIZE CRA TO ENTER INTO AGREEMENT WITH OFF-STREET PARKING (MIAMI PARKING AUTHORITY), $79,076, FOR PLANNING AND DESIGN OF PARKING LOTS UNDERNEATH I-395 TO SUPPORT 24 HOUR ENTERTAINMENT DISTRICT IN PARKWEST REDEVELOPMENT AREA. Chairman Teele: And this is the long-standing agreement -- a long-standing disagreement that is an agreement underneath 395, Johnny, the compromise. And this is a grant for Off -Street Parking, Number 8. Vice Chairman Winton: To do the planning for those parking lots? Chairman Teele: Yes. Vice Chairman Winton: So moved. Board Member Regalado: Second. Chairman Teele: Is there objection? All those in favor say "aye." The Board Members (Collectively): Aye. 86 October 29, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-164 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA TO ENTER INTO AN AGREEMENT WITH OFF-STREET PARKING (MIAMI PARKING AUTHORITY) IN THE AMOUNT OF $79,076 FOR THE PLANNING AND DESIGN OF PARKING LOTS UNDERNEATH I-395 TO SUPPORT THE 24 HOUR ENTERTAINMENT DISTRICT IN THE PARKWEST REDEVELOPMENT AREA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Board Member Angel Gonzalez Chairman Teele: And, again, the biggest problem that we've got in the City, the biggest problem we've got in the redevelopment area is parking. Parking is really the critical issue here. And Off -Street Parking we've really got to bring those parking online, as you know, or we're going to have some serious issues. 34. AUTHORIZE ACTING CRA EXECUTIVE DIRECTOR AND CRA COUNSEL TO NEGOTIATE AGREEMENT WITH TECHNOLOGY CENTER OF AMERICAS (TECOTA) FOR LEASE OF UP TO 300 PARKING SPACES IN PARKING LOT 58 LOCATED ON NORTHWEST 1sT COURT BETWEEN NORTHWEST 8TH AND NORTHWEST 9TH STREETS FOR TENANTS OF TECOTA BUILDING. Chairman Teele: And speaking of that, do we have the representative of Terremark that wants to come in and lease parking to meet zoning requirements? Are they present? Lucia Dougherty: I'm not sure this is on. Yes. Yes, sir. Mr. Chairman, members of the Board, Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here on Item Number 8, in which I represent the owners and the operators of TECOTA (Technology Center of America), which is -- Chairman Teele: You're on Number 9. Go ahead. 87 October 29, 2002 Ms. Dougherty: Excuse me. Number 9, which is the owners and operators of the Technology Center of America. With me is -- joining me today is Bill Biondi. We would like to -- this is a 750,000 square foot building, of which about 150,000 square feet or 120,000 square feet we would like to lease to companies. We are actually talking with two major companies, who would like to relocate into this building on the fifth floor. In order to do that -- in order to entice them to lease in this building, we actually need to provide the parking, which currently the building doesn't have. So we are seeking to lease Lot 58, or actually have an option to lease Lot 58, which is approximately 3 -- 450 feet away from yours. We would run a shuttle. We'd only run it during the days, between 7 and 6:30 pm, and on Saturday, between 8 and 1 pm. And we would like this lease to run concurrently with our lease that we would enter into with the company that would locate on the fifth floor of this building. So we would ask that you authorize your Executive Director to work with us to enter into a potential option to lease up to 300 parking spaces, and bring that back to you for future consideration. Vice Chairman Winton: Mr. Chairman, you're the one brought me into the deal on this NAP (Network Area Point). We were all very, very supportive of the NAP, still supportive of the NAP. Bill Biondi is a good friend, but we simply cannot lease parking spaces to the NAP at significant below-market rates. Because what's happening here, if we do that, we're then giving that building an unfair competitive advantage of any other office building that may be able to provide office space to that same group of tenants, and that is fundamentally wrong for government to do. This building was designed, and the whole pitch was about it not having parking, and we're not going to put tenants in there that need parking, which was the whole pitch why they didn't need parking. Now, that industry went in the tank. There were all kinds of problems. And so, now there's a need to try to fix the problem, which I understand completely. But they have to fix the problem competitively. They cannot fix the problem by coming to government and getting a real sweetheart deal for leasing spaces. Ms. Dougherty: We concur. We're not asking for anything other than market rate. What we've proposed is the same as a commercial lot, immediately adjacent to it. But, again, we're subject to negotiations with you on market rates. Vice Chairman Winton: So, I think what we need to do is -- what's your timing? William Bloom (CRA Special Counsel): Excuse me, Commissioner. With respect to the lots that the request concerns, they involve the property, which is subject to the St. John's Lyric Village litigation. They're also the lot that's subject to the Sawyer's Walk litigation. So, we wouldn't be able to do anything with respect to those lots, until that litigation has been resolved. Chairman Teele: Yeah, but -- I'm not -- we could give them a lease, but it would be subject to termination based upon that litigation. Mr. Bloom: That's true. Chairman Teele: Yeah. 88 October 29, 2002 Mr. Bloom: So, Chairman Teele: This is the same lot that we leased to Terremark to build the building. Actually, we leased it to -- Mr. Bloom: To (INAUDIBLE), which had a relatively short term remaining. Chairman Teele: No, no, the lots that -- the first lot that we leased them was the lot... Mr. Bloom: We didn't exchange so that NAP could be constructed, so that the -- what was J. J. Kelly moved from site of the NAP to one of these lots owned by the CRA, so that construction could be -- could proceed. That lease had a relatively short term remaining, and to the extent the Board wanted to do a new lease on a short term -- Chairman Teele: But, Counsel, what I was saying is that the lease -- it's not that we can't enter into a lease. The lease would be subject to termination, based upon an outcome of those litigations. Mr. Bloom: Yes, Commissioner, you could do that. Chairman Teele: I think the best thing to do is to authorize the Special Counsel, and the Executive Director to sit down and negotiate with them. I think the advice that you're giving, Commissioner Winton, is certainly policy direction to them, that is, don't come to us looking to, in effect, upset the marketplace. Although, I would -- and I agree with you. Although, I would quickly add that redevelopment authorities generally do upset the marketplace in their redevelopment areas, in terms of subsidies or whatever, but I think there's no reason to do that in this case, at all. And I believe that the advice that you're giving the Executive Director, and the attorney, and anyone else and any other advice would be welcomed, but I would see no reason why we could not authorize them to negotiate, and to come back and see what it is. Vice Chairman Winton: In -- Chairman Teele: I will say this. We stand to lose -- Board Member Regalado: Mr. Chairman. Chairman Teele: -- a lot of money, a lot of our TIF, if the TECOTA (Technology Center of the Americas) totally fails. I mean, if that is -- you know, we've got some interest in keeping our momentum going forward, but that's no reason to give away the parking, to agree with your point. Mr. Bloom: Commissioner, I would be happy to help with the negotiations. Unfortunately, I have a conflict, which is why I was not involved -- Chairman Teele: City Attorney. I meant the City Attorney. 89 October 29, 2002 Mr. Bloom: Right. Chairman Teele: Yeah. Vice Chairman Winton: And when they're dealing with those negotiations, I might add that had there been a contemplation that there would be office space available -- and I'm going to speak to the point that Lucia made that -- well, there's a parking lot, you know, right across the street, where they only -- well, there's no demand, so that's the reason it's two dollars ($2) a foot. I mean, two dollars ($2) a day. If this building would have been constructed with the intent of having office space, there would have been a requirement to build a parking garage. And then you have to pay off the debt service on the parking garage, and give your equity a return on capital, and then you've got to calculate your parking rate per day based on that formula, and I'm not necessarily suggesting that we have to get that far, but we've got to get a lot further than the parking lot that's vacant across the street, because there's no demand. Thank you. Board Member Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Board Member Regalado: I -- you know, I yield always to Johnny when we talk about these issues of real estate and, you know, development and the work that you and Commissioner Teele are doing in the downtown CRA, Park West area. It's great. But I was listening to all this, and I was remembering that we all fought for the NAP; that we created a task force for the NAP; that we had a party for the NAP, so I figured that this is not another -- just another building. It should be sort of a signature place for the development, especially of the internet and services. I think that we need to figure out a way to make this a successful venture, because the story -- and this is the way I see things -- the headlines is going to be: "NAP Fails. City of Miami could not do it." So, I'm just -- you know, I agree and -- Vice Chairman Winton: Commissioner Regalado, the NAP isn't going to fail. The developer may fail. The NAP isn't going to fail. There's -- Board Member Regalado: Well, but the story, Johnny, is going to be "The NAP failed." Vice Chairman Winton: The NAP isn't -- listen to me. The NAP isn't going to fail. The developer may fail, and another developer may come in and own the facility, but the NAP isn't going to fail. The infrastructure and the tenants that are in there, that aren't already bankrupt, are the backbone of the NAP and it's already in place. Now, I don't have any desire to see the developer fail, but the point I'm trying to make is that what they're looking for isn't about the NAP. What they're looking for is about generating an income stream from office tenants that could go in any office building in downtown Miami. Now, they may be connected to and be a part of some of the companies that have technical equipment, but they still don't have to be in that building, which was the pitch that came to us to begin with. Bill Biondi: Mr. Chairman, may I respond to Commissioner Winton's comments? 90 October 29, 2002 Chairman Teele: Your name and address for the record. Mr. Biondi: My name is Bill Biondi. I reside at 2000 South Bayshore Drive, Coconut Grove, 33133. Chairman Teele: Bill, let me tell you how I see this. You're about to get a right to negotiate, and a lot of us are saying our own views, but if you -- Mr. Biondi: I will -- Chairman Teele: Say whatever you'd like to say. Mr. Biondi: OK. Board Member Regalado: Or just tell him, "Quit while you're ahead." Mr. Biondi: I want to agree -- Chairman Teele: Because you're going to get what you asked for. Mr. Biondi: Thank you, Mr. Chairman. Chairman Teele: That is, the right to negotiate. Mr. Biondi: Yeah, and that's all we're asking for, and I appreciate it and I hope you'll vote that way. But I want to agree with what Commissioner Winton is saying, in that three years ago, we were looking at "X" and now we're looking at "Y." And we're not here -- we're not trying to ask for the City to give us anything that they wouldn't give to anybody else. But we do have -- we, collectively, the City of Miami, and all of us here -- have a tremendous amount at stake relative to the success of TECOTA and the NAP. And Commissioner Winton is correct. The NAP is an entity owned by Terremark, which is a tenant in the building on the second floor of TECOTA. TECOTA is a real estate development owned by three equity partners, one of which is Calor Development, which is the Miami Heat, as you know. But what we're trying to do is to make TECOTA and the NAP a success, because it does have a tremendous -- right now it's under a tremendous spotlight in the City of Miami, and in that particular area in the City of Miami, and we're trying to make this thing work, and we're just looking for some help and guidance from you all and we appreciate everything that you can do for us. Thank you. Chairman Teele: Well, I still come back and say one thing. The NAP -- the TECOTA building is the only major construction in our redevelopment area. We've got a lot of reuse going on, and that reuse is very important. It is -- but the NAP was built when nobody else would build anything in that area. It's within one block of the Camillus House and, you know, nobody's going to build a hotel where the NAP is. Nobody's going to do this. Nobody's going to do that. And I, for one, want to do everything that we can in the context, not of the City of Miami, but the Redevelopment Authority, to ensure the economic stability of our tax increment district. And the NAP is very much -- it's a hundred million dollar ($100,000,000) part of that district. So, I see it 91 October 29, 2002 a little bit differently from my colleague, Commissioner Winton. I don't have as much difficulty in providing some support, but I do feel very strongly that what we cannot afford to do is damage and destroy an industry that is very important to the City of Miami, a new industry, and that's parking, and parking is a new industry in this City. I mean, it wasn't five years ago that you could park all day downtown for five dollars ($5), or whatever the dollars were and today it's a lot more than that. So -- and we're getting a surcharge from that. So, we don't -- I don't want to see us come in and, through using government subsidies, turn upside down an industry. And I'm in a total agreement with Commissioner Winton on that point. Further discussions? Further directions to the City Attorney and the Executive Director? If not, the question is called. All those in favor, signify by the sign of "aye." The Board Members (Collectively): Aye. Vice Chairman Winton: What are we voting on? Chairman Teele: The motion is to authorize the City Attorney and the Executive Director -- Vice Chairman Winton: OK. Chairman Teele: -- to negotiate. Vice Chairman Winton: Yep. Chairman Teele: All opposed? The following motion was introduced by Chairman Teele, who moved for its adoption: MOTION NO. CRA/SEOPW 02-165 A MOTION AUTHORIZING THE ACTING CRA EXECUTIVE DIRECTOR AND CRA COUNSEL TO NEGOTIATE AN AGREEMENT WITH TECHNOLOGY CENTER OF THE AMERICAS (TECOTA) FOR A LEASE OF UP TO 300 PARKING SPACES IN PARKING LOT 58 LOCATED ON NORTHWEST 1sT COURT BETWEEN NORTHWEST 8TH AND NORTHWEST 9TH STREETS FOR TENANTS OF THE TECOTA BUILDING SUBJECT TO TERMINATION BASED UPON OUTCOME OF PENDING LITIGATION IN THE ST. JOHN' S/LYRIC VILLAGE AND SAWYER'S WALK CASES. 92 October 29, 2002 Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: None. Chairman Teele: All right. Ms. Dougherty: Thank you very much. Chairman Teele: Thank you. 35. AUTHORIZE CRA TO NEGOTIATE AND ENTER INTO INTERLOCAL AGREEMENT WITH CITY WITH RESPECT TO CONSTRUCTION OF DOMINO PARK WITH AMENITIES AT OVERTOWN' S ATHALIE RANGE #1 MINI -PARK. Chairman Teele: Two quick things -- and, again, I guess the CRA (Community Redevelopment Agency), we don't hire a lot of press people. We should, perhaps, but there's never really been an announcement. The staff is to be commended for going to the County Park Bond Committee and competitively winning -- how much was it, three hundred thousand dollars ($300,000)? Annette Lewis (Executive Director of CRA): That is correct, sir. Chairman Teele: But we never issued a press release. We never -- did y'all ever send out a memo to the -- Ms. Lewis: Well, we actually have a pocket item coming up that addresses the Domino Park, and Ms. Chelsa Arscott has been instrumental in terms of putting the grant proposal together, and doing the presentation in front of the Safe Neighborhood Parks Bond Fund, along with the Parks Director and staff. She's -- Chairman Teele: Well, the good news that's being -- the Board is being advised of is that the Safe Neighborhood Bond Committee awarded the CRA and the City three hundred thousand dollars ($300,000), subject to matching funds, I would suppose. Vice Chairman Winton: Can you repeat that again so I'm focused better? I don't understand what happened. Sounds like something really good. 93 October 29, 2002 Chairman Teele: Something good happened, and Ms. Arscott probably should come up. The CRA staff, planning staff, Ms. Arscott, working directly with the Parks Director, who is extremely helpful, made a grant application for -- under this discretionary pot of money, in which all the other cities and everybody is applying for money -- some of the bond proceeds. And we won three hundred thousand dollars ($300,000) to redo the area under 395, known as the Athalie Range Mini Park. And that is going to be a Domino Park, consistent with resolutions that have come out of the CRA and the City for two years. Particularly, the previous Commissioner Gort, I think, passed a resolution directing that we find a suitable site for dominoes -- hosting dominoes in the Overtown area. Ms. Arscott, you might just want to say your name and clarify anything that I've misstated. Chelsa Arscott: Yes. Chelsa Arscott, Policy and Programming Administrator at the CRA Office. You're correct, sir. On July 29th, 2002, the CRA Board approved motion M-02-141, which authorized the CRA to apply for grant funds from the Safe Neighborhood Park Bonds Initiative. On August 22nd, the Miami City Commission adopted resolution R-02-932, which appropriated the matching funds from the Homeland Defense Neighborhood Improvement Bond Issue. On September 19th, the CRA and City of Miami Parks Department went forth in front of the Miami -Dade County Safe Neighborhood Office and was awarded three hundred thousand dollars ($300,000) for the construction of a park at Athalie Range #1 Mini Park in Overtown. In front of you, we had submitted a copy of the brochure for the Athalie Range Park. It has four components that we're hoping to address, and we are -- we scheduled a Public Design Workshop for Saturday, December 7th. We're looking to have the committee to provide input on the design of the holistic park, and since the City of Miami Parks -- I'm sorry, Planning Department is engaging a firm to do a Comprehensive Parks Plan, we're hoping to submit the design concepts from the Committee for consideration of the entire renovation of Athalie Range Park. Chairman Teele: Do you need any action by this Board? Ms. Arscott: Yes, sir. We have a pocket item there. It's a resolution authorizing the CRA to enter into an interlocal agreement with the Parks Department for construction of a Domino Park at Athalie Range Park. Ms. Lewis: Mr. Chairman, this agreement is much like the Margaret Pace Park because the grant is actually awarded to the City of Miami Parks Department, and we will be the sub or second party to that agreement, sir. So that's -- Chairman Teele: OK. But let the resolution -- instead of saying, "interlocal with the Parks Department," say with the "City of Miami," as opposed to the Parks Department. Because, you know, again, we get into who does this thing and it's four or five different entities, especially with this new capital process. Board Member Sanchez: Just for point of clarification, are the funds coming from the Safe Neighborhood Park Bond or is it coming from the bonds? Ms. Arscott: Yes. Actually, it's coming from the Safe Neighborhood Parks discretionary interest. 94 October 29, 2002 Board Member Sanchez: Of each district? Chairman Teele: Huh? Ms. Arscott: No, no. Chairman Teele: No, no, no. This has nothing to do with City of Miami. This is County. Vice Chairman Winton: Here's what the problem is. Y'all need to -- in our packet, there should be something that has the outline, and maybe it's here. Maybe I'm missing it. But we ought to have the dollar amounts, you know. Board Member Sanchez: Because it -- Vice Chairman Winton: Who, where -- you know, where what money came from so that we can see very clearly where dollars come from, when dollars are coming from us and where dollars are going. Ms. Arscott: There are two funding sources: One is the Miami -Dade County -- Chairman Teele: Is there a document? That's his issue. Is there a document? Ms. Arscott: Yes, sir. One document is a resolution, which was adopted by the City Commission -- Vice Chairman Winton: Where is that? Ms. Arscott: -- and that document -- Chairman Teele: Is there a document here with us? Ms. Lewis: No. Ms. Arscott: No, sir. Chairman Teele: OK. Ms. Arscott: We have reference to the resolution number, sir, in the resolution in front of you. Chairman Teele: All right. Well, let's do this. We've got a very busy agenda. We can -- if you'd like, we can let you all put a document together, so that the Board is fully briefed on what they're voting on. Because you -- we have two or three different bond issues and -- Ms. Arscott: Two. 95 October 29, 2002 Chairman Teele: -- and what -- Board Member Sanchez: Mr. Chairman, if I may. That is my point here. All I want to know is where the money's coming from. Is it the Safe Neighborhood Park bond? Is it the bond -- the issuance of bonds that the money's coming from? That's where I want to know, where the money -- because you said matching funds. Chairman Teele: The good news is -- the answer is, this is County money that was competitively made by the City and the CRA for three hundred thousand dollars ($300,000). The matching dollars were previously approved to come from the City district -- you have the resolution? Ms. Arscott: Yes, sir. Chairman Teele: Where is the money coming from? Ms. Arscott: It's coming from the Homeland Defense -- Board Member Sanchez: Right. Ms. Arscott: -- Neighborhood Improvement Bond Issue, and that was approved by the Miami City Commission on August -- Chairman Teele: No, no, no. What pot of money from that? That resolution -- that has got -- Ms. Arscott: Money was allocated -- Board Member Sanchez: Park enhancement. Your district park enhancement. Chairman Teele: Is it -- you've got to understand -- is this District 5 park money? Is this -- Board Member Sanchez: Yes, it is. Chairman Teele: -- quality of life? It's coming from District 5, right? Board Member Sanchez: Yes, sir. Ms. Arscott: Yes, sir. Under the Athalie Range Park/Gibson Park Annex Project. Board Member Sanchez: It's very simple. We could -- you know, we could confuse all this. You got money from the County, three hundred thousand dollars ($300,000). It's fine. You went in front of the Bond Board and you got three hundred matching dollars -- three hundred thousand dollars ($300,000) matching bond from the park enhancement from District 5. Very simple. We don't need to complicate this. It's great. Six hundred thousand dollars ($600,000), get the park done as quickly as you can. It's great. 96 October 29, 2002 Chairman Teele: And the important thing is that the CRA is -- just like at Margaret Pace Park, we are the facilitator of it -- the public liaison. The contracts will probably be awarded through the CRA. It may be awarded through the capital program, and that's the kind of thing, I think, that the interlocal agreement will work out. What they need is the authority to negotiate the interlocal agreement. Would you move that, the authority to negotiate the interlocal agreement? Board Member Sanchez: I don't have a problem with that. You'll probably get the park done faster. Chairman Teele: So moved by Commissioner Sanchez. Board Member Gonzalez: Second. Chairman Teele: Is there discussion? Yes, ma'am. Welcome. Rosa Green: I was just wondering, could I speak on that -- Chairman Teele: Yes, ma'am. Ms. Green: -- six hundred thousand dollars ($600,000)? Chairman Teele: Just give your name and everything for the -- address for the record. Ms. Green: Rosa Green, 415 Northwest 6th Street. I'm really concerned about the money that's being allocated for parks, with all the other needs that we have there in Overtown. I know that maybe you can only spend the money for parks, but the people that she's talking about, that would probably be under that bridge, none of them are here. So I'm wondering who suggested that we put a domino park over there by Jefferson Reaves Health Center, as a resident of Overtown ? What we really -- I mean, Commissioners, what we really need is somebody to see all that filth and combed gardens over there in Overtown. I live there, and it's a disgrace for you guys to sit down here and appear oblivious to what's really happening in the Overtown area. Now, Commissioner Sanchez, I know you're looking surprised but, perhaps, you haven't rode down 5th Avenue. From 5th Avenue beginning at 6th Street, take a ride down there, you know. I saw the street sweeper on my way here on 7th Avenue. He was sweeping the streets. We're in dire need of those kind of services in Overtown. Vice Chairman Winton: So, you don't want a park, is that what you're telling me? Ms. Green: No. We have enough parks. We -- Vice Chairman Winton: Yeah. Well, you can't use this money for anything -- Ms. Green: -- have enough parks, and you can upgrade those that we have there. Chairman Teele: Ms. Green? 97 October 29, 2002 Chairman Teele: Yes, sir. Chairman Teele: The park that we have there now -- and that was one of the points that I'm going to make to the staff. You all need to go out there seven days a week, before the Charrette, and invite the people that are there everyday playing checkers and dominos. Right now there is a park. There is no bathroom there. There is no running water there. We're not talking about building a new park. We're talking about re -- upgrading the existing park that is there. You know where people sit out right under -- Ms. Green: I see them sitting there, and I prefer them to sit there hidden from the streets, because the worst sitting out there on 3rd Avenue, and they're still some sitting there, which we never had many years ago, before any of you guys got into office. Chairman Teele: Yes, ma'am. Ms. Green: Third Avenue and 2nd Avenue was our mecca for Overtown. But now, it seems to be a big park and they're sitting over the street. I understand that these people do need some recreation. I understand that they need -- but we -- at that time, we had it. What's happening? Twenty-five Years CDBG (Community Development Block Grant) Funds, CDD -- CDCs (Community Development Corporations) and nothing gets built. Nothing happens in Overtown. Now, I'm riding down 8th Street in Little Havana, and even in Wynwood, there's a lot of construction. And I'm telling you, I never knew how this system worked, until I retired and I start coming down and sitting in these meetings, and see people stand here like this is a welfare line, year after year, asking for money, and never doing anything tangible that we can see with the money. So now, you -- we're going to hold you all accountable to really come out and see what's going on with the money. How come Overtown so close to downtown -- it is downtown. They call it Overtown, I guess, to differentiate from the black neighborhood -- looks like it looks. Because I'm telling you, this is awful. And then somebody get up here talking about a Domino Park, maybe they should go over there on 8th Street and play with the Hispanic. We talking about diversity. I mean, we don't need that. And then now it's going to be second class, right by the Health Center. And all the people coming there, they're going to be afraid when they look at those homeless people under there. Because I see guys lying there sleeping, and everything goes on there and nobody seems to worry about it. I mean, I wouldn't even want to elaborate on what they do under there, as I pass. And I pass there because I live over there, and that's where I want to live, and I'm proud to be living in Overtown. So, I would hope that you, the knowledgeable people, the people who have the City in your hands, would think, when you start giving out the taxpayer's money, do they really need that worse than we need a clean environment for our kids and grandkids and great grandkids to grow up in? I thank you. Chairman Teele: Thank you, Ms. Green. Yes, ma'am. Mary Hill: May I speak on this subject? Chairman Teele: Yes, ma'am. 98 October 29, 2002 Ms. Hill: I'm Mary Hill, and applaud Ms. Rose. Thank you for speaking up and speaking the truth. As founder of the Economic Opportunity Acts and Amendments in the White House, policies, laws and services that coming through these states, revenue sharing, Title XX grants, and I'm in agreement that something is wrong. There is billions and billions of dollars that have been coming through these states. I'll be out in the community and I'm going to be here always. My work is in the community, where the poor people are, and I don't see the results of those monies because they are earmarked monies coming from my efforts, coming through these states to help the poor people, regardless of race, creed or color. And I'm speaking from public policy, public law 95-568, 92-4 -- 242, and I could go right on. There are 67 laws. I have been -- I'm a product from Overtown. This inspired me to speak today. Chairman Teele: All right. Ms. Hill: I was reared up Overtown. Chairman Teele: All right. Ms. Hill: And I want you all to know that something is wrong, and I definitely know it's wrong. It's the policies and the laws have to be implemented, according to statutory laws. And Mary Hill, founder, going to have to recognize down here that those monies for -- it's earmarked, revenue sharing, Title XX concept came from my effort in those polices. Those monies that's coming through here -- Chairman Teele: Thank you, Ms. Hill. Ms. Hill: -- we need to -- I'm sorry. Chairman Teele: Thank you very much. Ms. Hill: OK. Thank you for letting -- allowing me to speak -- encourage me to speak, because I am a product from Overtown and I am a federal official, nationally, and it's not reaching the poor from my intent. Thank you. Chairman Teele: Thank you, Ms. Hill. Board Member Sanchez: Mr. Chairman, just to clarify. I -- you know, I'm a hundred percent in support of the park. Ms. Green, I have the utmost respect for you. I have driven through the area. Let me just say that anything's better than what's there right now. And you do have people that are sitting just on milk crates and entertaining themselves through checkers or whatever sport they're playing. You know, I'm in support of the park. My thing is, this is an issue that may have just been not properly with documentation up here, and it's confusing with all the -- you know, we didn't have funds at one time. Now we have so much funds that it's -- it could be very confusing with all the bond issues, Safe Neighborhood Park Bond, and the Bond Board and all this stuff. All that I want to make sure is, that the proper documentations of where the money is coming from are provided to us, so we can make an intelligent decision on it. That's the only question that I had on it. But I do -- have driven through the area. If there's any 99 October 29, 2002 Commissioner up here that has questioned many issues of the CRA, it has been me. But I have been driven by the area and I've seen the improvements. You know, I criticized some of the parking lots that were going up, and I realize now that, in my district, we have a dire need for parking. And it's a problem today and it's going to be a problem in the future. So, you know, I'm just telling you that the only question that I have is to make sure that the fundings are -- properly identify where the funds are coming from. Chairman Teele: Item -- on the motion, all those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed? The following resolution was introduced by Board Member Sanchez, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-166 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST (SEOPW) COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE CRA TO NEGOTIATE AND ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI WITH RESPECT TO CONSTRUCTION OF A DOMINO PARK WITH AMENITIES AT OVERTOWN'S ATHALIE RANGE #1 MINI -PARK. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None. ABSENT: None. 36. AUTHORIZE CRA ACTING EXECUTIVE DIRECTOR TO WORK JOINTLY WITH BLACK ARCHIVES FOUNDATION AND MIAMI TIMES ON PROMOTION AND DISPLAY OF OVERTOWN ART MURAL PROJECT. Chairman Teele: On item number 10, the Muriel. I would ask that you have it -- work jointly with the Black Archives Foundation and the Miami Times, remembering the Miami Times was 100 October 29, 2002 founded right there in Overtown, and they've got one of the -- a unique history. Is there a motion on Number 10? Board Member Gonzalez: Move Number 10. Board Member Sanchez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Board Member Gonzalez, who moved for its adoption: MOTION NO. CRA/SEOPW 02-167 A MOTION AUTHORIZING THE CRA ACTING EXECUTIVE DIRECTOR TO WORK JOINTLY WITH THE BLACK ARCHIVES FOUNDATION AND THE MIAMI TIMES ON THE PROMOTION AND DISPLAY OF THE OVERTOWN ART MURAL PROJECT. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: None. 101 October 29, 2002 37. WITH RESPECT TO ARENA TOWERS PROJECT, AUTHORIZE CRA TO (i) WAIVE REQUIREMENT THAT WATCH OMEGA HOLDINGS L.P., PROVIDE AUDITED FINANCIAL STATEMENTS FOR 1996 THROUGH 2001 AND IN LIEU THEREOF ACCEPT FINANCIAL STATEMENTS THAT HAVE BEEN REVIEWED BY KPMG FOR 1997 THROUGH 2001; (ii) WAIVE REQUIREMENT THAT TENANT PROVIDE FINANCIAL STATEMENT FOR 1996 SINCE BOOKS AND RECORDS WITH RESPECT TO ARENA TOWERS PROJECT ARE NOT AVAILABLE TO TENANT FOR THAT YEAR; (iii) CONFIRM THAT PROFESSIONAL MANAGEMENT, INC., IS "ACCEPTABLE OPERATOR" AS DEFINED IN LEASE; (iv) AGREE THAT TENANT SHALL BE ENTITLED TO ALL RIGHTS OF AN "INSTITUTIONAL INVESTOR" WITH RESPECT TO PURCHASE MONEY MORTGAGE; AND (v) AUTHORIZE ACTING EXECUTIVE DIRECTOR TO EXECUTE ESTOPPEL LETTER IN CONNECTION WITH LEASE. Chairman Teele: One final thing. Mr. Attorney, we've got a situation now where one of our wayward projects that was done some 20 years ago is now ready to change hands and they need a lot of support. William Bloom (Special Counsel): That's correct. Not a lot of support, but there is a few technical issues that have to be clarified with respect to the lease. They're asking for some minor waivers and they're asking for acknowledgment of certain status. I believe some representatives from the Watch Omega Holdings are here today, together with the proposed purchaser, Biscayne Bayview Tower Associates and their property manager, which is Professional Management, Inc. The waivers that are required deal with the requirement under the lease that audited financial statements be provided for them, the years 1996 through 2001. The developer does not have financial statements available for 1996, because they acquired title to a foreclosure action. They're proposing, in lieu of that, they provide us in-house company prepared financial statements, certified by their Chief Financial Officer, together with financial statements being reviewed by KPMG (Klynveld, Peat, Marwick, Goerdeler), a Certified Public Accountant. They have deposited, in escrow, 150 percent of the rent, plus interest, due under the terms of the lease, to secure the payment of the rent, which has remained unpaid. Chairman Teele: Are they trying to close it before December 30th, is that their idea? Mr. Bloom: I believe their intention is to close within the next 30 days. Vice Chairman Winton: Yeah, I think it's less than that. Chairman Teele: Well, again, if you're asking us to take a final action today -- are you asking us to take a final action? Mr. Bloom: Yes, Commissioner. Chairman Teele: I would be prepared to support, you know -- when's the next Commission meeting? 102 October 29, 2002 Priscilla A. Thompson (City Clerk): November 19th, sir. Chairman Teele: I would be prepared to just call a special meeting just for that item. It should be all technical, non -controversial. But, again, I think the Board ought to at least know the history of the project. You know, we have no documentation really before us, in the context of what were their month -- their annual payments. They've not made any payments. Mr. Bloom: They have not made any payments. However, the rent under the lease is one-tenth of one percent of their revenue. So the average annual rent, I believe, is in the neighborhood of five or six thousand dollars ($6,000) a year. Chairman Teele: But they've made no payments? Mr. Bloom: They've made no payments. They did -- Chairman Teele: Is GE (General Electric) Capital the owner of this, or who's the owner of this property now? Mr. Bloom: Watch Omega Limited is the owner. It's a partnership, of which General Electric Capital Corporation has an interest. I think representatives are here today to -- Chairman Teele: This is the low rise directly across from the Miami Arena? Mr. Bloom: That's correct. Chairman Teele: And, again, just so that -- this predates me, of course. I wasn't -- but just so that the Board is aware, this was built on CRA (Community Redevelopment Agency) property, and it was very much like the previous deal, where the owner was only obliged to make payments under certain conditions and -- Mr. Bloom: Right. Chairman Teele: -- if he made a profit and... Mr. Bloom: This was a lease done in 1988. It was entered into between the original developer, Park West Limited and the City of Miami, and subsequently assigned by the City to the CRA. Watch Omega, again, acquired title through a foreclosure action in 1996. We discovered last year that the real estate taxes had not been paid, with respect to the property. And after our demand, Watch Omega paid approximately one point two million dollars ($1,200,000) in real estate taxes and interest. Chairman Teele: Well, let's thank them for that. Mr. Bloom: Again, Commissioners, I think they're really asking for some minor technical issues. In reality, they could go through and assign the lease without our consent. They've asked for an estoppel letter, which they're entitled to under the terms of the lease. And under the 103 October 29, 2002 terms of the lease, if they enter into a management agreement, in a form approved by the CRA -- and they've agreed to enter into a management agreement utilizing a form previously approved by the CRA with a qualified operator -- and it's our understanding that Professional Management, Inc. qualifies as a qualified operator -- there's no approvals required by the CRA Board, but it's an automatic approval. So, really, what they're asking for is to give them assistance with respect to the issue relating to the financial statements, which were not audited, and also to be given the rights, since they intend to take back purchase money mortgage so that they would be acknowledged as an institutional investor, as defined in the lease, so that if there is ultimately a foreclosure, they would have certain rights or secure -- Chairman Teele: What is the motion of the action you're asking us to take? Mr. Bloom: What we're asking you to take is to authorize, number one, the waiving of the requirement of audited financial statements for the years 1996 through 2001; to waive the requirement that any financial statement be provided for the year 1996, and in lieu of providing a financial statement for that year, which would be the basis for calculating the rent, that the tenant pay the average rent, which is calculated to be due and payable for the years 1997 through 2001 as the rent for 19961; that instead of providing audited financial statements for 1996 through 2001, we accept financial statements certified as being true and correct by the Chief Financial Officer of the tenant, and have those financial statements reviewed by a Certified Public Accountant. And those would be the basis of calculating the rent plus the interest on the rent, calculated at prime plus two percent, from the date it was due until paid. This would also require that Watch Omega, the tenant, put 150 percent of that money in escrow. And it's my understanding, it's been wired to my trust account to be applied immediately to pay the past due rent, with 50 percent being held in escrow, until the financial statements are delivered so they can be reviewed. The motion also asks that the Board recognize that Professional Management, Inc. qualifies as a qualified operator under the terms of the lease, and representatives from Professional Management are here today to speak about their experience, if called upon. And, lastly, it's to recognize the tenant as an institutional investor, in terms of the definitions under the lease, so that they can take back a purchase money mortgage and being given the same rights they originally had when they owned the mortgage on the property. Chairman Teele: I think what you're asking for is absolutely reasonable, but I do think what you're asking us to do is to substitute the judgment of a professional staff. I mean, professional staff has got to make the determination that they are qualified... Mr. Bloom: Commissioner, with respect to the qualifications, the lease specified the requirements. They had to manage at least 500 apartment units. There couldn't be a housing violation against their company that had been determined adversely. So they provided an affidavit for Mr. Mitchell supporting that they do qualify. And, again, Mr. Mitchell, is here if you'd like -- want to speak to his company. The reason this is before the Board is because of the minor variations. If not, staff could have approved these items without Board action. Vice Chairman Winton: What's the downside, if we don't approve this today? Stephen Katz: It just delays our transaction beyond -- 104 October 29, 2002 Chairman Teele: Just give us your name and address for the record. Mr. Katz: I'm sorry. Sorry. My name is Stephen Katz. I'm with Greenberg Traurig in Ft. Lauderdale, 515 East Las Olas Boulevard, Ft. Lauderdale. The transaction has been ongoing for some months -- Vice Chairman Winton: Could you speak... ? Mr. Katz: Apologize. The transaction has been ongoing for some months, and we have a closing date scheduled for a week from Friday. It's become important that a transition occur, because we've been in limbo and, you know, management has been suffering. It's been difficult to manage the property, while in the middle of a sale transaction. And if the sale transaction is delayed further, it could have, you know, detrimental effects to the property and to occupancy. And it would be beneficial, we think, to the property -- you know, in general if the transaction -- the transition were to occur in the very near future. Vice Chairman Winton: And who's the buyer? Michael Friedman: The buyer is going to a Florida limited liability company that we're forming for the purpose of acquiring title. But it's affiliated with the ownership of the building immediately to the north of the subject building, which we call Park Place by the Bay, for which we negotiated a purchase of the ground lease last year. Chairman Teele: Please state your name and address for the record. Mr. Friedman: I'm sorry. I'm Michael Friedman. I'm with Park Place Associates, and my address is 930 Washington Avenue, Miami Beach. We've been in contract with Watch Omega Holdings, I believe, since April or May. And, at some point, if we're unable to go forward with the transaction, I believe it might just collapse. Vice Chairman Winton: Commissioner Teele, the advantage, from my viewpoint -- and I'm sitting here making sure that -- or trying to think about all the issues relative to that resolution, and trying to figure out where our downside may be in each of those points. But the upside is clear to me, and that is that the buyer has done a heck of a job of improving the adjacent property, that helps the neighborhood tremendously. And I can't -- and I don't think we can say the same thing for the seller. So there is an upside for us in the neighborhood in getting this transaction done, I think, certainly with this group. So, I guess the issue that we have to figure out quickly is whether or not there's any downside to any of the points that have been presented. I was struggling to find any. I don't see any. These aren't -- Chairman Teele: I can't find the downside either. Vice Chairman Winton: Me neither. So I guess that said, I might forsake a discussion. Move the -- is this a resolution? 105 October 29, 2002 Mr. Bloom: Resolution. It's in the -- Vice Chairman Winton: Move the resolution prepared by our CRA Attorney. That was prepared by you, right? Mr. Bloom: Yes, it was. Board Member Sanchez: Second. Chairman Teele: Further discussion? All those in favor, signify by the sign of "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed? 106 October 29, 2002 The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. CRA/SEOPW 02-168 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("THE CRA") WITH RESPECT TO THE SOUTHEAST OVERTOWN/PARK WEST LEASE AND DEVELOPMENT AGREEMENT DATED JUNE 15, 1988 AS AMENDED BY FIRST AMENDMENT TO LEASE AND DEVELOPMENT AGREEMENT DATES NOVEMBER 3, 1988 (COLLECTIVELY THE "LEASE") BY AND BETWEEN PARK WEST, LTD. AND THE CITY OF MIAMI, AS SUBSEQUENTLY ASSIGNED TO THE CRA WITH RESPECT TO THE ARENA TOWERS PROJECT (THE "ARENA TOWERS PROJECT") AUTHORIZING THE CRA TO (i) WAIVE THE REQUIREMENT THAT WATCH OMEGA HOLDINGS L.P., A DELAWARE LIMITED PARTNERSHIP (THE "TENANT") PROVIDE AUDITED FINANCIAL STATEMENTS FOR THE YEARS 1996 THROUGH 2001 AND IN LIEU THEREOF ACCEPT FINANCIAL STATEMENTS THAT HAVE BEEN REVIEWED BY KPMG FOR THE YEARS 1997 THROUGH 2001; (ii) WAIVE THE REQUIREMENT THAT TENANT PROVIDE A FINANCIAL STATEMENT FOR THE YEAR 1996 SINCE THE BOOKS AND RECORDS WITH RESPECT TO ARENA TOWERS PROJECT ARE NOT AVAILABLE TO THE TENANT FOR THAT YEAR AS A RESULT OF A FORECLOSURE ACTION PROVIDED TENANT PAYS AS RENT FOR THE YEAR 1996 THE AVERAGE RENT DETERMINED TO BE DUE AND PAYABLE FOR THE YEARS 1997 THROUGH 2001; (iii) CONFIRM THAT PROFESSIONAL MANAGEMENT, INC., A FLORIDA CORPORATION ("PMP') IS AN "ACCEPTABLE OPERATOR" AS SAID TERM IS DEFINED IN THE LEASE: (iv) ACKNOWLEDGE AND AGREE THAT TENANT SHALL BE ENTITLED TO ALL RIGHTS OF AN "INSTITUTIONAL INVESTOR" UNDER THE LEASE WITH RESPECT TO A PURCHASE MONEY MORTGAGE, INCLUDING ALL THE RIGHTS AND REMEDIES UNDER SECTION 6.1 (c) (ix) OF THE LEASE; AND (v) AUTHORIZE THE ACTING EXECUTIVE DIRECTOR TO EXECUTE AN ESTOPPEL LETTER IN CONNECTION WITH THE LEASE. 107 October 29, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None. ABSENT: None. Chairman Teele: Look. The only thing I'm going to say is, this is a very complicated transaction, I think. The fact that the buyer and the seller have gotten together and paid over a million dollars ($1,000,000) in property taxes to bring everything current is very helpful. But please don't come back with us, with a gun to our head, that we've got to do something or the deal could fall through, if you propose to buy the ground lease underneath it or any other transactions. I really don't think it's fair to this body to put us in a position where you all have been working since April. We get an opportunity, with a gun to our head, either do it or we kill the deal. And with all that said, we certainly want you all to continue to invest in the community. Mr. Katz: We plan to. Thank you. Chairman Teele: Must be some good deals out there. You bought both pieces of property. Mr. Chairman -- Chairman Regalado, we have gone well over our allotted time. 38. DIRECT CLERK OF CRA BOARD TO ADVERTISE EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION IN LYRIC VILLAGE CASE FOR NOVEMBER 19, 2002 AT 2:00 P.M. Chairman Teele: Is there anything else, Madam Director -- Madam Executive Director, Mr. Attorney. William R. Bloom ( Special Counsel, CRA): Commissioner, one thing that I would request is the CRA (Community Redevelopment Agency) board of directors schedule a shade meeting to discuss the Lyric Village litigation so we can talk about some settlement options and try to bring that deal to a close. Chairman Teele: All right. Well, we need to move it and second it now, because it has to be done in an open meeting. Mr. Bloom: Yes. 108 October 29, 2002 Chairman Teele: So, Commissioner Winton, would you move it at the re -- Vice Chairman Winton: Did we pick a date? Mr. Bloom: We should pick a date. Vice Chairman Winton: Next Commission meeting? Chairman Teele: Well, let's pick the 19th, the next Commission meeting. Vice Chairman Winton: Yeah. So moved. Chairman Teele: For 2 pm. Board Member Gonzalez: Second. Annette Lewis (Executive Director of CRA): Sir, we do have one final pocket item. Chairman Teele: Well, hold it. Hold it. Ms. Lewis: I'm sorry, sir. Chairman Teele: Is there discussion? All at the request of the Attorney for a meeting under -- and the Clerk will note and do publication of the notices, as required by law. All those in favor, signify by the sign of "aye." The Board Members (Collectively): Aye. Chairman Teele: Those opposed have the same right. The following motion was introduced by Vice Chairman Winton, who moved for its adoption: MOTION NO. CRA/SEOPW 02-169 A MOTION DIRECTING THE CLERK OF THE CRA BOARD TO ADVERTISE AN EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION IN THE LYRIC VILLAGE CASE FOR NOVEMBER 19, 2002 AT 2:00 P.M. 109 October 29, 2002 Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Joe Sanchez 39. DEFER CONSIDERATION OF PROPOSED IN-KIND ASSISTANCE AND FUNDING TO GEORGE SANCHEZ FOR "NEUTRAL GROUND" PROJECT FOR 7:00 P.M. ON THIS SAME DATE Chairman Teele: Madam Attorney -- Madam Director. Annette Lewis (Executive Director of CRA): Sir, we have one more pocket item, and this is coming from George Sanchez. Last year, around this time, we had approved La Bendicion in relation to the Art Basel. Mr. Sanchez is proposing a neutral ground fair, also related to Art Basel, but he's asking for a little bit more this year than he did last year. He's asking the CRA (Community Redevelopment Agency) for fifty percent of his budget, which is fifty-one thousand, four hundred. Chairman Teele: Well, we're going to have to ask Mr. Sanchez to meet with each of the Board members, individually, and to go through that and we will set a meeting. When is this, in December? Ms. Lewis: That is -- George Sanchez: Yeah, the date of the event is December 5th. And that time is somewhat of the essence, unfortunately, because just with the planning and execution, it's in 30 days. I brought the things forward some time ago, but there was just -- I guess we were working on some of the logistical details to have it voted upon. Chairman Teele: Would this be in the Omni area? Ms. Lewis: Yes, sir. Mr. Sanchez: Yes. Same location we were moving the venue. And the reason why the cost went up is that we changed the location of that party from being in the Ice Palace Film Studio to in the street, literally, to try to get -- on North Miami Avenue. And I spoke to DOT (Department of Transportation) about doing part of it, if we cleaned up underneath 395, to actually tent that and do part of it right underneath the expressway, so we would have that concentrated effort. And I would like to point out that being that the Albert Jane Group is not doing an event, there 110 October 29, 2002 really is nothing else happening down in that neighborhood, like there was last year, if we don't go forward with something. Chairman Teele: Well, we'll call a special meeting to take this item up, but I think the District Commissioner is going to have to be comfortable, Commissioner Winton, and you're going to have to have a recommendation from him. I don't mean to -- Vice Chairman Winton: George, how much -- so, what's the timeline here? I mean, I know it's December 5th Mr. Sanchez: I'd have to -- Vice Chairman Winton: When's our next Commission meeting? Mr. Sanchez: I'd have to turn in bills like by the end of the week to have this executed, because it takes another week to 10 days for the City to cut the checks. And with Thanksgiving being the weekend before December 5th, time is of the essence. I mean, as it is, it's -- I'm under the gun, if we're going to pull it off. And, you know, the fair is coming, everything is going through, the coordination -- all the coordination has been created between busing people from the Design District over to the area for the event. Vice Chairman Winton: How much did we give last year? Ms. Lewis: Fifteen thousand, if I'm not mistaken. Mr. Sanchez: Fifteen. And then there was another -- well, the thing is, it was two separate things. This year I've put it together. Vice Chairman Winton: OK. Mr. Sanchez: Last year it was the art exhibit. This year I've added to the art exhibit a component of an African-American artist named Ernest King, that would be exhibiting inside of a container, underneath the expressway, across from where I would do the installation of the La Bendicion. And then there was the party component, which was Neutral Ground, that was held at the Ice Palace. That was jointly sponsored through CRA and the Empowerment Trust. Vice Chairman Winton: And how much was that? Mr. Sanchez: That was another ten thousand. Ms. Lewis: But the CRA didn't give ten thousand. Mr. Sanchez: The CRA didn't -- no. The Empowerment Trust gave 20 for that. Chairman Teele: I thought our commitment last year was fifteen thousand. 111 October 29, 2002 Mr. Sanchez: It was for the one portion. Then, for the other event, it was another "X" amount of dollars. So this year I put everything together, and I'm trying to make it larger scale to keep bringing more and more people down there because, in the end, the investment dollars that that community's making into that neighborhood increases the TIF (Tax Increment Fund) fund. You get more people buying real estate, and it increases the tax revenue for the CRA and to improve the entire community. Vice Chairman Winton: Well -- and, Commissioner Teele, I think you're the one that educated me last year on the significance of Art Basel, and they'll be here, you know, principally in Miami Beach, but I was surprised at the number of venues that are going to be -- private venues, but in the City of Miami, particularly, in the Wynwood section, where we've got some of the major collections in our community are there. And there's going to be open to the public and private receptions showing off those collections that are in Wynwood. So, it's a big deal. I think the only thing that you're probably nervous about, which is the same thing I'm nervous about -- this is the first time I've seen the budget, and fifty thousand dollars ($50,000) is a big chunk of dough. You know, if it was 15 or 20, I wouldn't be batting an eye, but 50 made me give -- so, where's the fifty thousand coming from -- the other fifty thousand coming from? Mr. Sanchez: I've -- only speaking to different sponsors. I've spoken to the Empowerment Zone again, and different private -- some private sources. I've spoke to people at Bacardi. I spoke to some to some people at Sanchez Levithan; different advertising agencies. Vice Chairman Winton: How many of the developers in the area have ponied up money for this? Mr. Sanchez: Nobody's putting up a dime for it, because then it becomes too -- one of the problems with doing that, Johnny, is that in going directly to certain people -- and one of the reasons the event's called Neutral Ground, and it takes place underneath the expressway, is that it's not benefiting any one particular person. Vice Chairman Winton: Well, yeah, but that's my point to all of then. You all need to step up and -- Mr. Sanchez: No. I mean, they're supporting it, but they don't want to -- like most people -- I mean, everybody else who got the higher tax bill. So, it's a -- Chairman Teele: Everybody else what? Mr. Sanchez: Well, everyone that got an increased tax bill. Chairman Teele: Yeah, but where do you think the money that you're asking for is going to come from? Mr. Sanchez: It comes directly out of that, so they feel that that's where it's come from. Chairman Teele: See, I would be much more enthusiastic if you were having this in a place that pays taxes. I know that may sound a little -- but, I mean, I have said all along, any event that we 112 October 29, 2002 can put in Big Time Studios or any of those facilities over there, I'm in favor of it, because they're paying taxes and they get their money back by us having venues there to -- Mr. Sanchez: Well, I don't think -- I mean, if it comes down to something like that, I don't think it's a problem doing it again at Big Time, except for if Fast and Furious goes over schedule, which they're already going over schedule. That was another reason for taking it out of Big Time, is that Fast and Furious, because of the rain, was supposed to be out December 1st of Big Time, and it seems like they're going to be there longer. Chairman Teele: They're going to be there, and I'm sure Big Time's praying they're there until next December. Mr. Sanchez: Who wouldn't? I mean, they want them there for another year. Vice Chairman Winton: George. Mr. Sanchez: I don't blame them. Vice Chairman Winton: You said something earlier. You've been trying to get this before us for some -- what do you mean by that? Mr. Sanchez: Well, no. I took it to CRA. Probably about two months ago, I left a package over there, and I left one in your office, and I left one in Commissioner Sanchez' office and I don't believe I left one in Commissioner Regalado's or Gonzalez' office. Vice Chairman Winton: Well, I certainly didn't read it. Mr. Sanchez: Well, I put it there though. I absolutely put it there. Chairman Teele: Fifty thousand dollars ($50,000) is sticker sharp around here. Mr. Sanchez: So, forty-nine thousand, nine hundred ninety-nine is fine? I mean, however -- if it needs to be modified -- my only concern is the timeline. I mean -- Vice Chairman Winton: You know what I would be comfortable with -- Mr. Sanchez: -- time is somewhat of the essence. Vice Chairman Winton: -- is 30. I am going to make some phone calls for George -- Chairman Teele: Do it. Vice Chairman Winton: -- to some of these developers around there, and put the arm on them. And if they -- and, frankly, if -- you know, I see both sides of this, as I'm sitting here talking. You know, I see our side, which is the government side, and we're trying to do the appropriate thing with the public's tax dollars, except the public's tax dollars, it's out of the increment, so it 113 October 29, 2002 isn't out of the City's general fund. It's out of the taxpayers in this very specific district, who have -- who benefit from this, and this is a public thing. It isn't a private thing. So, what George is trying to do is something within a defined geographical boundary area, with money that those taxpayers, specifically, are paying into our fund over here, from a CRA standpoint, to be used for economic development. Well, there's no question this kind of thing becomes economic development. So I understand that piece where I was coming from, when I first started talking as well. This is public money. Well, yeah, it's public money but it's not the same kind of public money as the general fund money. That's real public money. This is a very different kind of public money. This is much more like DDA (Downtown Development Authority) kind of money. And so, I first started to say, "Well, if the property owners around there don't want to pay to support this, then why should we?" Except that's really -- the more I talk about it, that's wrong -- Chairman Teele: It is their money. Vice Chairman Winton: -- because it is their money. Mr. Sanchez: It is their money. Vice Chairman Winton: It is those property owners' money -- Mr. Sanchez: Exactly. Vice Chairman Winton: -- that he's talking about spending in that area, to create an event in that area that leads to the kind of economic revitalization that we need, and he isn't doing it up east on waterfront. He's doing it back west in the whole neighborhood. So -- Board Member Sanchez: Are you prepared to support thirty thousand? Chairman Teele: Are you here on this item, sir? Vice Chairman Winton: Well, I am trying to figure out if it shouldn't be more. You know, I was at thirty because I was going to go beat up the property owners and make them pay more money, but that --as I began to hear myself say that, I recognized how almost irrational that is, because it's those property owners' money that we have in the first place. Chairman Teele: Commissioner Winton, I think what George is trying to do is great. I'll tell you where I'm a little nervous. If we're going to become the Art Basel funding agency each year -- I mean, I'm concerned about -- Vice Chairman Winton: I agree. Chairman Teele: -- the precedent, where we're now becoming, you know -- Vice Chairman Winton: I agree. 114 October 29, 2002 Chairman Teele: There's a -- Art Basel is great. There's no question about it, but I don't think we can afford to become pitted in one activity. We've got to do a lot of things to try to keep the excitement and the interest about the Omni redevelopment area going, and I would feel a lot more comfortable if some of the Omni property owners were here saying, this is what we'd like to do. But -- Mr. Sanchez: Can I address that very briefly? Chairman Teele: No, no, no, no. Mr. Sanchez: No? Chairman Teele: This is a Commission discussion. Mr. Sanchez: All right. Chairman Teele: I'm going to move that this item be deferred until after this meeting, at 7 o'clock, unless Commissioner Winton is ready to make a motion. Because it's not fair to all these other people that are here for the planning and zoning issue, that's supposed to come up at 3 o'clock. And Commissioner Regalado -- Chairman Regalado has been extremely -- Board Member Sanchez: Patient. Chairman Teele: -- patient. Vice Chairman Winton: So we're going to bring it back after the -- I agree. Chairman Teele: I was -- Board Member Sanchez: Second. Your motion is to defer. There's a second to defer. Bring it back at seven. Chairman Teele: Motion to defer it until 7pm tonight. Board Member Sanchez: Second. Chairman Teele: Seven pm tonight. All those in favor say "aye." The Board Members (Collectively): Aye. Chairman Teele: All opposed say "no." 115 October 29, 2002 The following motion was introduced by Chairman Teele, who moved for its adoption: MOTION NO. CRA/OMNI 02-87 A MOTION TO DEFER CONSIDERATION OF PROPOSED IN-KIND ASSISTANCE AND FUNDING TO GEORGE SANCHEZ FOR THE "NEUTRAL GROUND" PROJECT FOR 7:00 P.M. ON THIS SAME DATE. Upon being seconded by Board Member Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Arthur E. Teele, Jr. Vice Chairman Johnny L. Winton Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Board Member Angel Gonzalez Chairman Teele: The item is deferred. The CRA agenda is now recessed, and they'll only take up that one item. And, Mr. Chairman, let me apologize to you and thank you for your patience. Let me apologize to all the people that are here, that came in for these zoning items at 3 o'clock. We're running a little bit behind time and thank you very much, Mr. Chairman. Board Member Regalado: Thank you. Thank you. Note for the Record: The City Commission reconvened its regular meeting at 7:27 p.m. 40. COMMENTS BY COMMISSIONER SANCHEZ REGARDING COMMISSIONERS' 2003 LEGISLATIVE PRIORITIES. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Before we go on with the planning and zoning or the other agenda, there is an issue that I would like to bring up. We put out a memo October 8th with an October 22nd deadline for the City Manager, the Mayor and all the Commissioners to make top 10 list of legislative priorities in addressing the Miami status as the U.S. poorest city to date. We have only had response from, I believe, two Commissioners. We must get that as quickly as possible, or ASAP (as soon as possible), so we can provide an overall priority list with time for the November Commission meeting and what we did we had a meeting at the Orange Bowl and we did, as the liaison between the City of Miami and the lobbying team I was directed to send out to the Commissioners and the Mayor and the City Manager a list of 116 October 29, 2002 issues for them to get back and we really need that list, so whoever has not sent your top priorities, please send them. Chairman Regalado: I sent mine. Commissioner Sanchez: Ok. Chairman Regalado: Ok. Commissioner Sanchez: That is it. Note for the Record: At this point, the City Commission closes consideration of the regular portion of the agenda to consider items from the Planning and Zoning portion of the agenda. 41. CONTINUE CONSIDERATION OF APPEAL OF ZONING BOARD DECISION FOR SPECIAL EXCEPTION AT 165 N.W. 39 STREET RELATED TO PRIMARY SCHOOL WITH JOINT PARKING FACILITIES, TO 6 P.M. DURING COMMISSION MEETING CURRENTLY SCHEDULED FOR NOVEMBER 19, 2002. Chairman Regalado: Listen, we have several things. We have the Bond Council here. We have the Mayor is asking for the reorganization plan. However, it is always a policy of this Commission to accommodate residents, and I see a lot of residents who I believe most of you did call my office asking for a PZ (planning and zoning) item that is on the agenda, so what I'm going to do is I am going to ask the people here if they're here for a PZ item and then if we have a lot of people for a PZ item, we will go ahead and do that one immediately so you don't have to be sitting here and looking at us for several hours, so who is here for PZ items, please raise their hands? All of you back there on our left here for a PZ item? Commissioner Teele: Ebenezer? Chairman Regalado: Ok, let me ask. Who is here for PZ -3, which is 165 Northwest 39th Street? That's what I figured. That's what I figured. I saw you all come in the line, so, and I know that most of you did call my office, so we are going to do this item, because I mean, you have taken your time and thank you for coming here, and we'll be here as long as we need to hear what you have to say. We need to swear the people that are going to be on any PZ item. So Madam Clerk, would you do that? Joel Maxwell (Deputy City Attorney): Mr. Chairman? Chairman Regalado: Yes, sir. Ana Gelabert: PZ -3 we would like to ask for a deferral due to information that has come up. We would like to defer this. Chairman Regalado: Well, you know, I'm 117 October 29, 2002 Commissioner Teele: Is it legally required to be deferred? Mr. Maxwell: No, there's no legal requirement for deferment. But the way I understand it, and the Planning Department can give you more information on that. Apparently, in the last yesterday, in fact the NET office provided Planning Department with information regarding this application that they need to look at it a little further in order to give the Commission an informed opinion. That information wasn't available to them until today literally. Chairman Regalado: Well, you know, this happens all the time, and it was my office who told all these residents here that they could come up, so it's my fault, ladies and gentlemen, that you came, because I was kept in the dark. I wasn't informed of anything that was going on, and my office told you that you could come in and that we would accommodate you, because there were many calls, and I thought that this was an issue that was very hot in the neighborhood, and I told my people to tell you to come. Now, you know Vice Chairman Winton: Mr. Chairman, I think I'd like to hear from the City Attorney why we shouldn't, in light of the fact that all of these people are here, why we shouldn't hear this issue and Chairman Regalado: And Johnny, that is my question. I mean, you know, all of these people have work to do. They have children, and they're here. Mr. Maxwell: Yes sir, and you're absolutely correct, Mr. Chairman, that you were not privy to this information and the Commission was not privy to it. There was no reasons why you should have been, given that it came in at such a late hour. As I indicated earlier, staff didn't know either and if, in fact, some of the information that has been provided to staff that I am in fact privy to as well, having been consulted with, then I strongly would suggest to the Commission that this item be continued because if you make a decision and the information that they've been provided, regarding some of the parcels is correct, then you have the possible reversible decision. Chairman Regalado: But let me ask you. Have they found an Indian cemetery or something there? Mr. Maxwell: Oh no, sir. Chairman Regalado: Well, I mean, you know what is so Vice Chairman Winton: I have a different Mr. Maxwell: I think you should you should here. They can tell you on the record what the information is. Chairman Regalado: Well go ahead, because they need to know. Vice Chairman Winton: Because I think the question is for us, because I think did staff recommend approval of the zoning variation? Ok. So think about the logical so, the 118 October 29, 2002 Chairman Regalado: No, no. Vice Chairman Winton: only kind of Chairman Regalado: Johnny, the staff recommended Vice Chairman Winton: Excuse me. Chairman Regalado: denial on the appeal. Vice Chairman Winton: Denial of the appeal. But Mr. Maxwell: They voted Vice Chairman Winton: but the reverse Mr. Maxwell: They were in favor of the application. Vice Chairman Winton: Yeah. Mr. Maxwell: But the reason that they're asking for this continuance is because they're recommendation and the action of the Zoning Board might have been predicated on the information that wasn't correct. Vice Chairman Winton: And so that's my point. It seems to me that if staff is recommending that we continue this to a later date that means that there must be information that's new information provided them that would make them want to reconsider their initial stance, so, they wouldn't be considered about postponing it if the new information was consistent with the old information which made them come to the conclusion that they ought to agree with this whatever this is zoning change or zoning variance, or Mr. Maxwell: Special exception. Vice Chairman Winton: Special exception. So the question that we have to deal with, it seems to me as policy makers and that the residents are going to be curious about, is that, and I don't know what the because we haven't heard all of this, but if did you say we can hear the new information, because it's public what did you say about that? Mr. Maxwell: That there's no reason why staff couldn't share that with you right now. To let you know what it is they have to check out, but it's an allegation at this point and what's happened is that staff wants an opportunity to study these allegations and see if, in fact, they're true and unless they can do that, they simply haven't had adequate time given that the information was just provided to them today to do that. 119 October 29, 2002 Vice Chairman Winton: So what if we heard the testimony of all the parties today as a I'm sorry? What happens if we heard the testimony of all the parties today and then staff came back and we made some decision? Staff then re-evaluates their position. What's the impact of that? Mr. Maxwell: I don't think you could make a decision under those circumstances. I recommend you not do that. Vice Chairman Winton: Ok. Mr. Maxwell: Because you can't make a decision at all that's not based on (UNINTELLIGIBLE) evidence and the majority of that evidence will probably come from the staff and what they're telling you now is that they're not in a position to really do that based on that new information that's coming today. Chairman Regalado: Mr. City Attorney, just for the record, I did not meet or spoke directly about this issue with any of these residents. They just left messages and I do review the messages. Based on the messages, I think that most of them maybe I'm wrong are against the appeal, which will have them side with the recommendation that we have here now. If you say that the Planning Department will, in light of the new information, change their views, that would change their recommendation. Mr. Maxwell: No, sir. What I'm saying is that it's possible Chairman Regalado: No, no, but hear me. But hear me. What I'm saying is, I don't know if that new information will make them change their minds. It may change the mind of the Planning Director or the mind of the staff, but I'm not sure. Based on the number of residents here, that they will change their mind in terms of what they believe or that they want to advance as a cause here. You understand what I'm saying? What I'm saying is that, you know, it doesn't matter what they think. The residents are still going to think tomorrow what they think today. Mr. Maxwell: There's no reason why, if you wanted to, you could open this item for public hearing, take the testimony of the neighbors and anyone else who would want to speak on it, and then, if you so desire to, continue the item as well you could continue the item anyway But the neighbors would have to understand that at the next public hearing the decision wouldn't be made until the following hearing, which would be based on the information today, plus any additional information that may be provided at that later hearing. Chairman Regalado: Ok, what Commissioner Teele: Mr. Chairman? Chairman Regalado: Yeah. Who's this is Commissioner Teele's district, that's my understanding, and the reason I'm asking Commissioner Teele: Mr. Chairman. 120 October 29, 2002 Chairman Regalado: Commissioner just the reason I'm asking this is because I, you know, this resident have trouble long and they've been here for more than an hour now and I just want to make sure that they understand that from our part we're trying to do the best we can to accommodate all of the needs that you have, whether, you know, the Board wants to hear now or later or this secret information that just came to light would change the Mr. Maxwell: It's not secret. Chairman Regalado: Well, I mean, I didn't -- nobody knows, but anyway, Commissioner Teele. Commissioner Teele: Mr. Chairman, we've discussed this now going on 12 minutes, 15 minutes. I think it's fundamentally unfair, and I asked the question before all of this started, legally do we have to defer this item? Is there a fundamental problem with the notice? With something that makes this legally if the staff is not ready to proceed, then at the point in time we hear from staff then we'll make the decision whether we're going to defer it or not, but I think it's fundamentally unfair to get everybody here and then to defer an item. What you do is, you hear as much of it as you can with the notice that you may continue the item if we reach a point where we need more information, so I think everybody that's here ought to be able to put their information on the record going into this with the understanding that we may, in fact, continue this item if the staff needs more time, based upon the information that's here, but I have a real problem Chairman Regalado: I do. Commissioner Teele: with the concept Chairman Regalado: I have a problem. Commissioner Teele: that there's information floating around out there Chairman Regalado: I have a problem. Commissioner Teele: —that nobody's privy to but a handful of people. Chairman Regalado: I do have a problem because it was my office who told this resident that they can come here probably some of them left their work, some of them left their families you know, I really have a problem saying, you know, hey, defer. Come back sometime when we feel that we all want to discuss your problem, so you know, I really have a problem, Mr. City Attorney Well, it's up to the Board. Do we want to do what Commissioner Teele is suggesting? Commissioner Teele: I'm suggesting that we take the information, we allow this hearing to go forward with the understanding that if the staff requests additional time to study more information that this item may be continued, but everybody's testimony will be on the record at that point. 121 October 29, 2002 Chairman Regalado: Ok. Let's do that. Commissioner Sanchez: They're here. Might as well. Chairman Regalado: Madam City Clerk, would you swear the people that are going to testify in all PZ items. Priscilla Thompson (City Clerk): That would represent PZ items one through 10. Anyone here who's testifying on PZ items 1 through 10, I need you to please stand and raise your right hand. Pastor Emille: Excuse me my name is Pastor Emille. Chairman Regalado: No, no, wait, wait, wait, wait, wait. Commissioner Teele: Raise your right hand first. Chairman Regalado: You have to raise your The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Chairman Regalado: Ok. Now, we'll proceed. Yes, sir. Mr. Emille: My name is Pastor Emille. I'm the founder of Ebenezer Christian Academy, so I want to defer it tonight. This is what we want also. Commissioner Teele: You want to what? Mr. Emille: Defer it. Commissioner Teele: Move to defer it, Mr. Chairman. Commissioner Sanchez: Second. Commissioner Gonzalez: Second. Commissioner Sanchez: Yeah, he requested Commissioner Gonzalez: The gentleman's asking for a deferral. Commissioner Sanchez: Second. Vice Chairman Winton: From the neighborhood? Commissioner Gonzalez: Yes. 122 October 29, 2002 Vice Chairman Winton: Ok. Mr. Maxwell: This is PZ -3? Commissioner Sanchez: Yes. Mr. Maxwell: You're asking for a continuance to a date specific, are you? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Lourdes Slazyk. I would like to ask that this be continued to November 19th. That may be sufficient time. Chairman Regalado: Ok. Just to be sure, you're representing Mr. Emille: All the people here. Chairman Regalado: The people there. Mr. Emille: Yes. Chairman Regalado: And you're asking for a deferral? Mr. Emille: Yes. Chairman Regalado: You don't have a problem with that? Mr. Emille: No problem. Chairman Regalado: Ok. Commissioner Teele: And staff is asking for a deferral. Chairman Regalado: Ok. Fine by me. Commissioner Teele: Mr. Chairman, I want to get on the record and Madam Director you all want a deferral as well, right? Ms. Slazyk (INAUDIBLE) Chairman Regalado: Mike, mike, mike, mike, mike. Vice Chairman Winton: Speak into it directly. Ana Gelabert (Director, Planning and Zoning Department): Yes (INAUDIBLE). Chairman Regalado: She has a problem with the mike. You can't 123 October 29, 2002 Ms. Gelabert: Staff would also like it deferred to November 19th and the applicant I understand the 30 days would be enough time to clarify this issue that just came up. Chairman Regalado: Ok. Just to make sure, just to make sure, so you don't have to, because you were asking around 6 P.M. when you start calling my office as a time certain. We want to give you a time certain, so you don't have to spend so many hours in the next venue, which will be the Gusman Hall in downtown Miami on November 19th, so we are going is it ok for you? At 5 P.M. on November 19th Mr. Emille: Ok, no problem. Commissioner Teele: Make it six. 5 o'clock is tough traffic wise. Chairman Regalado: Ok. 6 P.M. Mr. Emille: 6 P.M. Ok. Chairman Regalado: 6 P.M., November 19th, Gusman Hall. Mr. Emille: Thank you. Chairman Regalado: You're welcome. By the way, you will have parking on the municipal and off-street parking garage. You just need to tell them that you're going to the City Commission meeting. Mr. Emille: All right. Thank you. Chairman Regalado: You're welcome. Ms. Thompson: I need a vote please. Chairman Regalado: We have a motion and a second to defer. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION 02-1177 A MOTION TO CONTINUE CONSIDERATION OF AN APPEAL OF A ZONING BOARD DECISION FOR A SPECIAL EXCEPTION AT APPROXIMATELY 165 N.W. 39 STREET RELATED TO A PRIMARY SCHOOL WITH JOINT PARKING FACILITIES, TO 6 P.M. DURING THE REGULAR COMMISSION MEETING CURRENTLY SCHEDULED FOR NOVEMBER 19, 2002. 124 October 29, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 42. CONTINUE CONSIDERATION OF PROPOSED CLASS II SPECIAL PERMIT FOR GRAPHIC MURAL SIGN AT 200 S.E. 1 STREET, TO COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 12, 2002. Commissioner Teele: Mr. Chairman, are there any other deferrals that anybody would like to make? Chairman Regalado: The Ransom Everglades. Vicky Garcia -Toledo: No, not till that one comes up next month. This is for item for the record Vickie Garcia Toledo with offices at 2500 First Union Financial Center. This is for Item 2. It's a Class II for a mural downtown and we'd like to continue to your December meeting. Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Second. Ms. Garcia -Toledo: Thank you. Chairman Regalado: Ok. We do not know exactly the date in December. We will be deciding that in the next hour, but it will be Commissioner Teele: Mr. Chairman, we have to do it for whatever date it is Chairman Regalado: Right. Whatever date in December. Commissioner Teele: What date in December do we have? Chairman Regalado: We don't know. Commissioner Teele: No, we've got some date. 125 October 29, 2002 Ms. Thompson: Currently we have December 12th and 2e, so the Commission has to decide. But the 12th Vice Chairman Winton: We definitely aren't having 26th Commissioner Gonzalez: No. Vice Chairman Winton: Unless you all are doing it alone? Commissioner Gonzalez: Right. Commissioner Teele: So till the 12th. Now we're going to change the 12th to another date, but we have to defer it. Chairman Regalado: Probably. Ms. Garcia -Toledo: To a date, sir. Chairman Regalado: Probably this afternoon we will know if we're doing it on the 10th or the 1 lth Commissioner Teele: Ok. I would move that it be deferred to the 12th Ms. Garcia -Toledo: Thank you. Chairman Regalado: Ok. We have a motion Commissioner Gonzalez: Second. Chairman Regalado: and a second, all in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION 02-1178 A MOTION TO CONTINUE CONSIDERATION OF A PROPOSED CLASS II SPECIAL PERMIT FOR A GRAPHIC MURAL SIGN AT APPROXIMATELY 200 S.E. 1 STREET, TO THE COMMISSION MEETING CURRENTLY SCHEDULED FOR DECEMBER 12, 2002. 126 October 29, 2002 Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None 43. APPROVE WITH CONDITIONS, MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR SKYRESIDENCE PROJECT, TO BE COMPRISED OF RESIDENTIAL COMPLEX WITH NOT MORE THAN 36 UNITS, WITH ACCESSORY RECREATIONAL SPACE, AND 71 PARKING SPACES AT 640 NE 34TH STREET (Applicant(s):WSG 34th Street, LLC.) Chairman Regalado: Before we take the other PZ (Planning and Zoning) items, we have the bond counsel here. Where is the City Manager? OK. We'll wait for him. While we wait -- why don't you stay there, Ana. Commissioner Teele: PZ -1. Chairman Regalado: And let's do PZ -1. PZ -1 is a Major Use Special Permit. It's Commissioner Winton's district, 640 Northeast 34th Street. Go ahead, Lourdes. Lourdes Slazyk (Assistant Director, Planning and Zoning): Thank you. For the record, again, Lourdes Slazyk, Planning and Zoning Department. PZ -1 is a Major Use Special Permit for the SkyResidence Project in order to allow an FAR (Floor Area Ratio) increase for a proposed 36 - unit residential complex. This item was continued from the September 26th City Commission agenda. As you may recall, the continuance was requested in order to clarify issues related to the Shoreline Development Review Committee and any conditions, which may have been imposed by their resolution. I have the Shoreline Development Review Committee resolution here, and would like to incorporate it into the record by reference. The resolution basically approves the project with three additional conditions, which I would also like, at this time, to add to the Major Use Special Permits as follows: One, that the applicant restudy the site layout to separate the sunrise pool, located within the shoreline setback area from the bay walk, so that the residents are able to walk around the pool. Number two, that the applicant restudy the seating facilities for the proposed pedestrian plaza at the end of Northeast 3e Street, so as to not utilize teakwood for the bench materials. And number three, that an object element be placed at the view corridor at the street entrance to terminate the view. I would also like, for the record, to add some supplemental findings in order to clarify for the City Commission what the Planning and Zoning Department looked at with respect to how this project complies with the required criteria. First of all, I'd like to state for the record that the project does comply with the Comprehensive Plan 127 October 29, 2002 and with the zoning. It's designated residential high-density, and the zoning is R-4, high-density, with an SD -20 overlay. This zoning classification allows the density of uses that is being proposed in this project. The project is consistent with the goals, objectives, and policies of the Comp Plan, which require that projects promote the redevelopment and revitalization of declining or threatened residential areas. And since it complies with zoning in the Comp Plan, it is deemed to comply with concurrency. Regarding these specific sections of Article 17 and 13 that require us to look at certain things when we look at a project like this, what we have looked at is whether the project will have a favorable impact on the economy, and we have found that it will. The project will generate four hundred, thirty-eight thousand eight hundred and fifty dollars ($438,850) in taxes, of which a hundred and sixty-five thousand will be paid to the City annually. It promotes -- it does create jobs during the construction period. It also favorably affects the need for people to find adequate housing reasonably accessible to their places of employment. The Edgewater area is very close to downtown Miami, and it has always been seen as an appropriate place for the kind of high density residential that we need to support our downtown area. The project also has -- it does not adversely affect the living conditions in the neighborhood because it will bring new development, and increase the property values in the area. The development will not adversely affect public safety. As a matter of fact, we -- after having reviewed this and the improvements that are being planned at the end of the street, we believe that will actually have a positive effect on public safety, because it will be creating activity into the neighborhood versus a vacant lot where trash is dumped, and all sorts of, you know, other activities could take place. With respect to ingress and egress, it is from 3e Street. This project is only 36 residential units. There is sufficient capacity for -- along 34th Street for ingress and egress, and for the traffic issues associated to the project. With regard to parking, we've found that there is sufficient parking to meet the needs of the proposed project. There is 71 parking spaces provided, and the code only requires 68. The refuse and service areas are well located within the building with easy access for servicing. And the drainage was addressed in the site utility plan, which was submitted with the MUSP (Major Use Special Project), and is also a part of the building permit process, that it has to comply with the drainage requirements of the building code. Remember, this project is only 36 units. If you look at how this project is situated on Biscayne Bay in this area and you look at the aerial photographs of the project that are located in your Major Use Special Permit books, you'll see that the project is consistent with the character and the scale of the high density residential development that's been developed along this corridor. As a matter of fact, in your Major Use Special Permit books, there's an aerial photograph that includes another project that was just approved, about four blocks away from here, which is exactly the same type of architecture on exactly the same kind of property. This is a 100 -unit project, and it is similarly situated on the site. That one, though, did not have to come before you as a Major Use Special Permit because they were not seeking the additional FAR. The additional FAR here is about 15,000 square feet. If the applicant were to not get the 15,000 square feet, they could still do the same number of units. They could still do the same building. What this building is, more than anything, is a lot of vertical spaces, because the units have been designed, very creatively, to have double height spaces and two stories within the units to create a real urban housing typology, where people could live and work within their unit. They're very large units, which means that the Major Use Special Permit, in this case, is not really going to cause the building to look any different if they were to not get it. It's just going to change how well the units are actually laid out and how they function within the project. So we recommend approval, as stated, and with the conditions that I just added into the record. 128 October 29, 2002 Commissioner Gonzalez: I have a question, Ms. Slazyk. What is the distance required between the building and the water? Ms. Slazyk: Fifty feet, and they meet that. I forgot to say in the record, they are not asking for any variances. They have -- Commissioner Gonzalez: Fifty feet? Ms. Slazyk Fifty feet. Commissioner Gonzalez: Does that apply to any project that is waterfront -- Ms. Slazyk: Yes. Commissioner Gonzalez: -- in the City? Ms. Slazyk On the shore -- on the bay, yes. And on the river, I believe it's up to the 5th Street Bridge only. So, yes, anything that is on the water, on the bay, and up to the 5th Street Bridge. Commissioner Gonzalez: What about on lakes or rivers? Ms. Slazyk No. That's not a part of the Waterfront Charter. That's a Charter requirement. It's something that was voted in by the voters of the City of Miami for the areas that are specified in the Charter. Otherwise, regular set back provisions would apply, which is usually about 20 feet. Commissioner Gonzalez: Twenty feet. Ms. Slazyk: Yeah. Commissioner Gonzalez: Thank you. Vice Chairman Winton: Can hear from the applicant. Lucia Dougherty: Good afternoon, Mr. Chairman -- or Vice Chairman, and members of the City Commission. My name is Lucia Dougherty, with offices at 1221 Brickell Avenue. I am here on behalf of the owner and applicant, and joining me is my colleague, Adrienne Pardo, and also, the principal of the property, Eric Shepherd. Since we made our initial presentation at the last meeting, I would suggest that we now hear from the opposition, and then I would reserve rebuttal for after the opposition makes their presentation. And maybe we can address any concerns by the opposition. Vice Chairman Winton: Yes. Rosa de la Camara: Good afternoon, Mr. Commissioner, Mr. Chairman and Commissioners. My name is Rosa de la Camara, Becker-Poliakoff, offices at 5201 Blue Lagoon Drive. I'm here 129 October 29, 2002 on behalf of the Bay Park Tower Condominium Association. We are the neighbor directly to the south on this proposed project. My client consists of a residential condominium, 254 -unit building. And I was here last month to voice their objection to the project. Excuse me. And I'm here to reiterate that objection today. We do appreciate overtures made by the developer of the project to reach a reasonable settlement with my client. However, my client did not interpret that settlement offer or overture to be in any way, shape, or form reasonable. And they have, in fact, had an emergency board meeting last night, where they did reiterate their objection, and asked me to please be here today to voice their objection. My client does not object to the development of the parcel. My client looks forward to the parcel being developed. We do, however, object to the density magnitude scale and, particularly, the height of this proposed project. I would like to incorporate my esteemed colleague's presentation, Mr. Shubin, who is about to speak to you momentarily. Again, for the record, for Bay Park Towers, we do voice our objection to the project and incorporate my colleague's presentation. Thank you. Commissioner Gonzalez: May I ask a question, please? Ms. Camara: Please. Commissioner Gonzalez: The objection is based on the height of the building? Ms. Camara: Primarily, it's based on the height, yes, sir. Commissioner Gonzalez: Why -- Ms. Camara: It's currently -- just to give you an example, Bay Park Towers Condominium has been on this parcel since approximately 1970. It's a 12 -unit building. This proposed project will either be 24, possibly 25 stories. It's almost double the size of the building. Commissioner Gonzalez: I ask you that probably your client's building is facing the water -- (INAUDIBLE) the water, and this is going to be a -- Ms. Camara: That's correct. Commissioner Gonzalez: -- interference. Ms. Camara: My client's building actually has a very interesting shape. It's almost like a three - pronged shape, and much of it, certainly the north views, would be obstructed. The other side of the building probably would not be tremendously affected as far the views, but of course, it would be by the other factors, such as increased density, traffic, security, safety, parking and the like. Thank you. Any other questions? Thank you. John Shubin: I need about one minute to set up. Vice Chairman Winton: What did he say? Commissioner Sanchez: They need some time to prepare. 130 October 29, 2002 Vice Chairman Winton: Sure. Mr. Shubin: I'll get started while we're preparing. For the record, my name is John Shubin. I'm an attorney in the law firm of Shubin & Bass at 46 Southwest 1st Street, the City of Miami. We're here today representing the interest of properties of Hamilton, Inc., which is the owner of Real Property at 555 Northeast 34th Street, which is immediately to the north of the property. I'm going to raise, as quickly as possible, a number of legal objections to this application, and a number of conditions which, I think, must be imposed on this application if this Commission is inclined to approve it in order to make it legal. Some of these issues have already been raised, so rather than repeating them, I will incorporate some of the points that were made before the Planning Advisory Board, and letters that were sent to the Clerk with respect to this application. First of all, with respect to the constitutional deficiencies that were previously identified with respect to the underlying ordinance, we're simply going to incorporate and submit to the record the July 26th correspondence to Priscilla Thompson. Secondly, with respect to the applicant's seeking a development bonus, we believe that there is a legal impediment with respect to the applicant seeking this bonus. Specifically, Section 9-14 of the City's Code makes it very clear that a development bonus should not be authorized if the application itself results in a request for a variance. Variance is not defined under that section. It's the -- Hamilton's position that variance typically means a relaxation of the set back requirements. And in response to Commissioner Gonzalez' request, it is the position of Hamilton that not only do the 50 foot setbacks apply that are set forth in the City Code, but under the Shoreline Review Ordinances -- and we will incorporate into the record the Shoreline recommendations made by County, which are binding on this City -- the calculation of the appropriate setback is, in fact, 75 feet. So, number one, how does this impact this application? It is Hamilton's position that to the extent that the applicant is seeking a variance or a relaxation of the shoreline set backs, they cannot simultaneously seek a development bonus for this additional FAR and for this additional 15,000 square feet. Secondly, if you look at the recommendations -- and we submitted them into the record previously, we'll do so again -- of Shoreline Review, every staff member, with the exception of Public Works at the County that reviewed this application universally recommended denial of the application. We believe that these recommendations constitute substantial incompetent evidence, which require you, as the governing body of this shoreline, to deny the application, which, in fact, seeks a 50 -foot setback as opposed to a 75 -foot setback. I anticipate that Lucia Dougherty will make the argument that the Shoreline Development Review Committee unanimously voted to recommend approval of this project, but you have to be very, very careful when you listen to what she tells you. Because all of the recommendations essentially said that the only way that that committee could be authorized to deviate from the 75 - foot set back would be if the applicant -- if the owner were to dedicate some sort of a public walk on the waterway. Nowhere in this application and nowhere up until today -- I don't know what Lucia will say at this point, but nowhere up to this point has the developer ever made an unequivocal commitment to open up the bay walk. In the absence of that unequivocal commitment, there is absolutely no way that the City of Miami Commission can agree to waive the shoreline requirements that are binding upon it under the Home Rule Charter and under the County Master Plan, and under County law. What the developer has said up-to-date has been, if another application to the south decides to open up a walk, they too will open up the walk. But, once again, just so our position is clear for the record, without an unequivocal commitment that 131 October 29, 2002 the walk is going to be open, there is absolutely no authority in the record to allow this Commission to vary the shoreline requires for the 75 -foot setback. Moreover -- and Mr. Luft will get into this in a second -- the application -- the opening up of the bay walk will not, in any way, affect the other requirement in the Shoreline Review, is that there be a horizontal view corridor that is not impacted by the development. In fact, the parking structure and the entrance to the parking structure will completely eradicate the view corridor that is required by the shoreline ordinance. Also, because the City was technically the applicant in the shoreline ordinance, it is Hamilton's position that all of the notice requirements that apply to a Major Use Special Permit should have applied to the shoreline proceeding, specifically the requirement that there be individualized notice. There was no individualized notice that was given. There's an inconsistency between the City Code and the County Code. We believe that, in the interest of fundamental fairness and due process, the County provision should have applied. In the event -- Hamilton will also take the position -- and this is the last issue on this point -- that to the extent that the standards set forth in the County Code do not specifically provide objective standards for the granting of the waiver of this 75 -foot setback requirement, the City should adopt its own ordinance and its own variance requirements, which show hardship and is demonstrated by Mr. - - as will be demonstrated by Mr. Luft. There is absolutely no evidence that could be put forward that said -- that will say that this application cannot meet the 75 -foot setback requirements. And, in fact, that will help preserve the public and the neighbor's views and have a positive impact on the community. There's another issue -- and this is always a difficult issue, because in the staff recommendations, staff is taking the position that this approval should be made subject to compliance with all applicable regulations. One of the issues that Hamilton has relates to the platting of this property. We will put forward very quickly -- there are two -- there is a plat that presently exists for this property. The lots on which this property is going to sit constitute, in Hamilton's mind, a re -subdivision of the property under the County Code. It's very, very clear, pursuant to Chapter 28-3, that the County Code prevails over any other inconsistent position with respect to the platting of property. Platting is required whenever there is some sort of development approval that constitutes a subdivision, and this specific board does not capture the entire ordinance, but another -- the requirement is essentially met when there is a subdivision -- is a re -subdivision of land heretofore divided or platted into lots, sites or parcels. Lot is a defined term. It is Hamilton's position that the act of seeking development approval requires that this property be platted. There is no evidence that we were able to find that one of the conditions of this approval is that the property be replatted, and we will explain to you in a minute why this is such an important issue. Commissioner Teele: Has any case -- Mr. Shubin, has any competent jurisdiction in Florida ever ruled on this issue, that the plat provisions of the County superseded or should be binding on the City in this regard? Mr. Shubin: To the best of my knowledge, there has been no specific case regarding platting, but there have been other preemption cases, I believe, since the formation of Home Rule Government. And I believe that even staff will tell you that, historically, the City has complied with the requirements set forth in the County Code. Commissioner Sanchez: Mr. Shubin. 132 October 29, 2002 Mr. Shubin: Yes. Commissioner Sanchez: Did the County Shoreline Committee act on this application? Mr. Shubin: Yes, they did. I said that they voted, I believe, 6/0 to approve the application. Commissioner Sanchez: To approve? Mr. Shubin: To approve. Commissioner Sanchez: With the 50 -foot setback? Mr. Shubin: With the 50. But if you look into the staff recommendations, the staff recommendations, essentially, said that the only way that you can approve this application and not remain inconsistent with the County ordinance is to ensure that there is some form of mitigation in the form of a public walkway, and that's why I'm taking that position. Under the Shoreline Review Ordinance, and it's a complicated ordinance, all the -- and it's, I think, the applicant's position, all that Shoreline Review Committee does is make recommendations to you, and you are the ultimate decision -maker. So my point is very simple. As the ultimate decision - maker, you should look behind -- and Mr. Luft will get into this -- you should look behind the reasoning in the Code, which is also you're required to follow, and I don't think that there can ever -- in the absence of an unequivocal commitment to commit the public walk space, and I'll show you where it is actually set forth in there -- Commissioner Sanchez: Just to add on to my question, our Charter requires the City for a 50 - foot setback. Mr. Shubin: Yes. Commissioner Sanchez: And, also, my next question would be, does Bay Walk have a walkway in the back? Mr. Shubin: Bay Walk? Commissioner Sanchez: The building -- Mr. Shubin: Hamilton. Commissioner Sanchez: Hamilton. Mr. Shubin: The answer is yes. Commissioner Sanchez: They do? Mr. Shubin: Yes, so it could connect to the north. And, again, there has never been an unequivocal commitment to date on the bay walk. 133 October 29, 2002 Commissioner Sanchez: Thank you. Mr. Shubin: And, once again, this is simply 28-4 of the Code that says, whenever a land is subdivided, a plat must be recorded. I don't want to belabor the timing issues, but I do think that if you are in any way inclined to approve this application today, it should be made very clear that it's subject to the replatting of the property as required by law. And in a second, I'll explain to you why that is very important. We're now moving to your Code. These are the design standards set forth in Section 55-11 of your Code, and there's a specific provision dealing with dead end streets or cul-de-sacs. And I don't think there's any question that when you look at this application, that 34th Street is a dead end street. The specific language, and I'll read it into the record, is that "dead end streets or cul-de-sacs designed to be so permanently shall not be longer than 600 feet, and at the closed end, a turnabout having an outside roadway diameter of at least 84 feet and a street property line diameter of at least 100 feet shall be required." A T-type turning area may be allowed on existing dead end streets, if recommended by the supervisor of plats, and approved by the Plat and Street Committee, subject to compliance with landscaping requirements to be determined by the City Planning, Building, and Zoning Department. To the best of my knowledge, this has not gone to the Plat and Streets Committee, and we're going to show you what the existing configuration is of the property. This is from the official public records of Dade County, and it shows the plat for Bay Point Place, which is the plat that controls the Hamilton property to the north, which it's on the north side of the property. If you can see, at the time of platting -- and I'll bring this up if you need it -- when you look at the plat, you will notice that there was a dedicated cul-de-sac that complied with the City cul-de-sac regulations on the north side of the property. When you look at the attachments that are set forth in the SkyResidence MUSP proposal, including the maps, you will not see -- you will see a slight carve out, but you will not see the cul-de-sac cutout. It is Hamilton's position that at the time of platting, for health and safety reasons, for fire trucks, for emergency access, there needs to be platting and there needs to be a cul-de-sac so that there can be an appropriate turning radius consistent with the turning radius at the Hamilton. And, Commissioner Winton, I apologize to the extent that you couldn't see the larger plat. It's going to be even harder -- this is the existing plat that we were able to pull this morning for the property that is the subject of this application. As you might be able to see, we've colored the property, which is the subject to the application. It is an existing plat. It's the Hamilton's position that under the existing County code, which is binding on the City, that property needs to be replatted, hasn't gone to Plat and Streets, at this point. The time that it's replatted under the City Code, unless there is an exemption, there should be a cul-de-sac dedication. A couple of final issues, and then I'll turn it over to Mr. Luft. In reviewing the -- during the Planning Advisory Board hearing, an interesting debate came up on the issue of loading berths and loading docks. And based on our review of the application, it appears that there is only one loading dock on the property. Why is that an issue? This is a very narrow street to the extent that there isn't sufficient loading on site. It has the ability to overburden the existing community. The R-4 zoning district, which is the underlying zoning district, makes it very clear that the off-street loading requirements require one berth for every one hundred residential units or fraction thereof of a berth of 12 by 35 feet. But it also says, and in addition, one berth for every 30 residential units or fraction thereof. To the extent that there are 36 residential units, it's Hamilton's position that it clearly flies in the face of the code to allow this property to go forward with simply one loading berth, as opposed to the three that are 134 October 29, 2002 required. And interestingly enough, and I will submit this to the record, in a recent zoning application styled 2002-05-62 for the Jubilee Rio del Sol project, which was also in the R-4 zoning district, staff required that a variance be obtained, where there were 88 units and they didn't have the required number of loading docks. And it's fairly clear, from a review of the file, which we'll submit into the record, that the loading dock issue has not be adequately addressed, unless its addressed in the site plan or the concept plan that may be submitted. But at the time that we looked at it, it was not addressed. Lastly, let me say one thing about the economic issues. I've read the economic report. You can read it yourself. You've read a lot of them. Nowhere in that report does it address the negative effects that will be created by this application. It doesn't address the negative effects. It doesn't balance the positive and the negative. And when you hear from Mr. Luft, I think you'll -- it'll become self-evident to you that there are a number of negative effects that are being created on adjoining property owners by this application. I'll now turn it over to Mr. Luft, who you all know, but whose resume I will submit into the record. Chairman Regalado: OK. Go ahead. Commissioner Teele: How do you spell your last name? Jack Luft: L -U -F -T. Chairman Regalado: And the first name. Mr. Luft: Jack, J -A -C -K, 1900 Tiger Tail, Miami, Florida. I have 32 years experience in planning, a master's degree in urban and regional planning. Thirty-two years. So I'm coming to you as an expert witness to offer you my professional judgment on the analysis of this project. I have read as much of it as I could possibly read. (COMMENTS OFF THE RECORD) Mr. Luft: More than half. Commissioner Sanchez: We're only kidding. Mr. Luft: Yes, sir. After a detailed review of the application, the Miami Zoning Code, existing current conditions surrounding the 3e Street site, and based on my 32 years experience as a professional land use planner and urban designer, I've concluded that this project, as proposed, overburdens an arguably small building site with a bulk that results in numerous and serious violations of code standards, and criteria that result in an application that is deficient, unacceptable and, in my professional opinion, should be rejected. Section 13-05 of the City Code, "Special Permits," conditions generally standards and findings and determinations required. Ingress and egress, number one. Review for adequacy should be given to ingress and egress to the property and structure with particular reference to automotive and pedestrian safety and convenience, arrangement in relation to access in case of fire and other emergency screening and landscaping. The most notable deficiency of this project is failure to dedicate right-of-way essential for the completion of the half -built cul-de-sac at the east terminus of 3e Street. The 135 October 29, 2002 City Code Section 55-11A, "Streets," paragraph four, dead end cul-de-sacs, as you've been pointed out with Mr. Shubin, states clearly that at the closed end of a property, a diameter of at least 100 -- of 84 feet and a street property line diameter of at least 100 feet shall be required. Period. Commissioner Sanchez: How many? Mr. Luft: Eighty-four feet curb -to -curb, one hundred feet of right-of-way diameter at the cul-de- sac. It's a 50 -foot radius from the center of that cul-de-sac, creating a circle. That has not been done for this project. It is deficient. It does say that you can put in, on certain cases, subject to the approval of the Plat and Street Committee, which they have not obtained, a T-type intersection or a T-type turnaround. But those are only in special cases. No such review has occurred. And even if such review had been conducted, it would have had to account for the precedent of prior findings, requiring that a full dedication of the 100 -foot diameter by the adjacent property, the Hamilton, was required to the north. And in addition, a full cul-de-sac diameter of 100 feet has been required on the next block to the north, 35th Street, and to the south on 26th Terrace. It's clear that the City's consistent application of the subdivision standards has required for all street ends, in connection with replats and major redevelopments, a full 100 foot cul-de-sac. To deviate from that, in this case, would be unacceptable and inexplicable. This is a high-density residential project and the district allows up to 150 units an acre, with substantial access and egress traffic. And high-rise buildings require critical considerations of fire and emergency vehicle access, thus, the 100 -foot diameter requirement. It's both for traffic and vehicle emergency considerations. In addition, the City is now pursuing the development of an active public recreational space at the end of the public street, which would attract additional traffic to 3e Street. T-type turnarounds are completely unacceptable and inappropriate for this type of high-density urban area. They are typically used in low-density residential areas, such as Morningside or South Grove, where they have been used in limited cases. Would not apply in this neighborhood. This project violates this provision of your subdivision code. Off-street parking and loading, Section 401, District Regulations, R-4 is (INAUDIBLE) R-3. It is very clear. There was a debate at the Planning Board about interpretations. There is no interpretation needed. Your Code is abundantly clear. It says, for the first 100 units, a space 12 by 35 by 15 foot high for the first 100 units shall be provided. One space. Then it says, and in addition, for each 30 units, there shall be one space 10 by 20 feet. Now, your staff has interpreted that to mean for each 30 units above and beyond 100. It doesn't say that. It doesn't say anything close to that. And your ordinance, by law, must be strictly construed. They're reading language that isn't there. This project, in excess of 30 units, requires two smaller loading spaces, plus one large one. That's three. It doesn't read that. It doesn't meet the criteria of your code. Section 1305.8 of the Code, "Control of Potentially Adverse Effects Generally." "Review for appropriateness shall be given to potentially adverse effects generally on adjoining and nearby properties" -- this is for all special permits, including the MUSP -- "the area, the neighborhood, or the City, of the use or occupancy as proposed, or its location, construction, design, character, or manner of scale of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including alteration of the design of the building, or other such measures as required to assure that such potential adverse effects will be eliminated or minimized to the maximum of extent reasonably feasible, and that the use or occupancy will be compatible or harmonious with 136 October 29, 2002 other development in the area to a degree which will avoid substantial depreciation of the value of nearby property." The project adversely effects adjoining property sharing access on 34th Street through its failure to provide code required cul-de-sac widths. It adversely affects adjoining properties to the west by failing to meet either the basic or intent requirements of the shoreline ordinance, which I will come to. It adversely affects adjoining properties by failing to provide code required onsite loading spaces and, thereby, impacting off-site public right-of-way. And it adversely affects the views of adjacent nearby properties, which will result in substantial depreciation of residential property values in the Hamilton and, especially, the Bay Park Towers. Currently, the major high-density residential projects to the north and south maintain -- this is the aerial photograph. This is the Charter Club. This is the Hamilton. This is Bay Park Towers. This is 34th Street, and here is the Sky Loft Project proposal at the end of 34th. Today all of the major (INAUDIBLE) projects maintain an average 300 -foot separation. That 300 -foot separation allows for each project to share reasonably and equitably the views of the bay, which is the whole reason they were built. All of these projects (INAUDIBLE) today view corridors that range from 45 to 65 percent view angles from any project, even the further westerly project - - apartments. Now these view angles area major factor in the market value of these units. There can be no question about that. In fact, (INAUDIBLE) Colombo had said that for the Santa Maria, the difference in value between the view of the bay to the east and the view of the City to the west is a full 30 percent in unit value, and that's with views that are unobstructed in any direction. Simply, the view of the bay is the prime factor in determining value. Now, your project has or is, in fact, entitled to 180 degree unobstructed view. We all agree on that. This is well understood here in Brickell, on Miami Beach, and elsewhere. No one here is arguing that buildings don't block views. They do. However, to brush off the legitimate concerns of adjacent property owners, whose home value is inextricably tied to bay views as somehow a nonexistent right, or that they should have known, which was a statement that was made, values the spirit of intent of Section 1305.8, "Control of Potentially Adverse Effects." Equitable sharing of precious bay views is a worthwhile objective, and protecting these views has been seriously and substantially violated by the proposed Sky Loft Project. The Hamilton is losing close to 50 percent of its southerly bay view corridor, and the Bay Park Towers is losing over 75 percent of its bay views from the north side residence. It is an absolutely devastating impact on this project. Here sits the tower. Here sits the garage, and here sits the Y-shaped project that counsel described. And this is their current view corridor, and this sits squarely in the center of that and truncates about 75 percent of that view. These projects -- these people in this wing are left looking down a veritable hallway, is all they have left as a view of the bay, hardly what they expected when they bought these units. Moreover, the City and broader community interest in optimal utilization of valuable Edgewater neighborhood high density (INAUDIBLE) for development rights is dealt a major set back by this project. Whereas existing high density projects to the north and south utilize substantial lot depths of 6, 7, and even 800 feet from the bay to generate hundreds of thousand units that enjoy views to and access to bay front amenities. This Sky Loft Project effectively skims off a thin edge of bay front land to benefit fewer than 40 units, while leaving more than 80 percent of the 3e Street properties behind it, starting from here, all the way back, with virtually no reasonable opportunity for development. They are weld off from the bay. They have little or no chance to capture the bay views, and they are so wedged between high-density projects to the north and south. These people are, frankly, out of luck. And that is a result of the failure of many, many site requirements for a high density project of this sort, a project of this bulk, and it will be devastating to property values to the west. No one 137 October 29, 2002 is going to build a project that has no access to the bay, as all of these other high-rise projects have. To compound the problem, the Sky Loft Project imposes a major burden on adjacent properties that no other high-density project in the area does. A seven -story parking garage sits a mere five feet from the property line of adjacent residences to the west, five feet from the bedroom windows. This creates environmental impacts unprecedented in the area. Even in much larger, more intense developments to the north and the south have the low-grade surface parking or low level decks, all of which are fully screened from abutting low-rise projects. The parking impacts on all of these other projects have been effectively litigated and had no adverse effects. The seven -story garage -- and if you look at your pictures, you look at the elevations that are drawn, it's going to be sitting directly to these properties that have now been weld off from the bay, all of which will affect their property values. In fact, the City's opportunity to take a greater lot depth here, create more units, and significantly more property value and tax value will have been lost by virtue of taking two lots at the end of the street. This project violates the standards, both the intent and letter of the laws set forth in the shoreline ordinance. I'd like to read to you the findings of professional staff that were made for this project. This is by the County. County staff came to the following conclusions: Shoreline set back area, unacceptable. Seventy-five feet required, fifty foot provided. Side set back area, unacceptable. Twenty-five required, five feet provided. Safety buffer area, unacceptable. No design details. Look at your drawings over here. (INAUDIBLE) sub -area, unacceptable. Seating required, none provided. Transitional security (INAUDIBLE), unacceptable. (INAUDIBLE) pool is not separated from the public shoreline. And (INAUDIBLE) signage, unacceptable. None provided. Visual corridor, unacceptable. Visual corridor requires 20 percent of lot worth with no obstructions to views. No corridor has been provided. Setbacks are fully obstructed with driveways, walls, and drop-off areas. This hasn't changed. Fully accessible bay walk must be provided to get half credit for half of the street end space. This bay walk has not been provided, and the argument that unless it goes further to the south, they're not going to open it. Conclusion. The basic intent and requirements of the shoreline ordinance have not been met, and the staff recommendation was for denial. In spite of multiple and code violations of Section 33D, the Shoreline Review Board approved this project. In my judgment, I concur with County professional staff that there is insufficient justification for this approval, and that their recommendation should weigh heavily on your consideration. For these reasons, this application -- and in my judgment -- fails to meet mandated Code standards. It's incompatible with surrounding area, does not comply with master plan requirements to protect and enhance the revitalization of adjacent and abutting properties, and is deficient was measured by criteria of Section 1305, and should be rejected as such. Thank you. Chairman Regalado: Thank you. Go ahead. Mr. Shubin: We will conclude, unless there are further questions. But just to summarize, you've heard Mr. Luft's testimony. If you are going to approve it, at the very minimum, it has to meet the City's and the County's platting and cul-de-sac requirements, which it hasn't met. And in Hamilton's position, it fails to meet any of the mandated criteria set forth in the County code or the City code with respect to the issue of compatibility. For that reason, this project should be denied. Commissioner Regalado: OK. Go ahead. 138 October 29, 2002 Ms. Dougherty: Thank you, Mr. Chairman. With respect to the Shoreline Review Ordinance, first of all, it is not binding on the City. It is a recommendation to the City, and I think your City Attorney will speak to that. It is not a variance that we got. We got a waiver based on mitigation. And the mitigation that we provided is the improvement to the cul-de-sac at the end of the street. We are providing an urban park that will be open to the public, and we are, at our expense, are actually going to improve it with bench, lighting, and an artist or a monument at the end of the street that is required by Shoreline Review. We got approval from the Shoreline Review based on that mitigation. There is no notice requirement, no individual notice requirement for the Shoreline Review; however, there is a published notice, which was given in connection with this hearing. We did get approval, and we are complying with the regulations that the Shoreline Review has imposed, and it's going to be incorporated in your MUSP. But Terry Rolle, who is the staff to the Shoreline Review Committee, is here this afternoon, and I'd like him to speak as to the requirements of shoreline and their applicability in the City. Terry Rolle: Good afternoon. Terry Rolle, Miami -Dade County Planning and Zoning Department, Shoreline Development Review Coordinator. As far as the shoreline requirement -- the way that the County Shoreline Committee operates is that usually on any project that comes before the committee staff when they do their review of any of these projects, they go strictly by the letter of the ordinance. The ordinance usually states, you know, would the building and the height of the building that we're speaking about, when it requires a 75 -foot setback, those requirements can be mitigated by other than and including the bay shore or the bay walkway. You know, the shoreline walkway. But it's not restricted to that provision only. They can provide other off site mitigations for access to the bay, and they can also, in the final end, without any other alternative, provide mitigation in the form of contribution to the Biscayne Bay Management Fund. So, in that light, the committee, after reading staff's recommendation, can make its own determination as to the overall compliance with the intent and purpose of the Shoreline ordinance. Ms. Dougherty: Does this project meet the view corridor requirements of the Shoreline Review Committee? Mr. Rolle: Well, as strictly by staff's review of the ordinance, no. But because of the fact of its location, and when it's located at the end of a street or cul-de-sac street like this one is on 34th Street, they can utilize half of the right-of-way for their visual corridor. That, in conjunction with the view corridor they do provide, gives them the minimum requirements for the view corridor, as far as the Shoreline Committee was concerned. That in tandem with what the City has on its -- in its plan for the redevelopment of the Edgewater area in that corridor there, where they are going to establish those type pocket parks at the end of the -- of those streets, was taken into consideration by the committee when they made a decision on this particular application. The City -- I mean, the Committee usually does -- in its review of these projects, takes those type factors into consideration, even though staff goes strictly by the code itself. Mr. Shubin: Can I ask Mr. Rolle a few questions? We have the right to cross-examine. Commissioner Regalado: Go ahead. 139 October 29, 2002 Mr. Shubin: Mr. Rolle, is it -- do you recall offering a memorandum to members of the Shoreline Development Review Committee, dated May 1st, 2002? Mr. Rolle: Yes, I do. Mr. Shubin: And can you recall the recommendation that was set forth in your memorandum? Mr. Rolle: It's an overall -- it does not meet the intent -- the overall intent of the Shoreline ordinance. Mr. Shubin: OK. Let me read to you the summary conclusion. This will take about 30 seconds. "The applicant is proposing to develop a point four seven acre vacant parcel with a high density residential parking structure that is consistent with the zoning criteria for the City of Miami. The basic intent and requirements of the Shoreline ordinance have not been met." Was that your position then? Mr. Rolle: That was the position before the Committee meeting, yes. Mr. Shubin: OK. "So special circumstances may prevail due to the small parcel size and its location at the end of a dead end street adjacent to Biscayne Bay. The applicant proposes a public wood shoreline walkway along the bulkhead in the 50 -foot wide set back area. Seventy- five foot shoreline setback required." Do you know if the applicant is still proposing, unequivocally, the public wood shoreline walkway? Mr. Rolle: The applicant is still proposing the walkway. The plans that we reviewed prior to the Committee meeting -- the purpose of the whole Shoreline Review is to review plans, first, by staff. Have those comments come back from staff. Go back to the applicant. The applicant then makes changes. Those changes are usually incorporated into revised plans before they go to the Committee. Once those plans go to the Committee or if they don't make it to the Committee, the applicant makes a presentation to the Committee stating those -- addressing those concerns. And the City, therefore, makes its decision based on that. And after -- with time, the plans that come in for final sign off by the Committee, incorporates all those requirements. Mr. Shubin: And was there a walkway incorporated into these plans that were submitted and reviewed by staff? Mr. Rolle: There was a walkway incorporated. It was not made public at the time of the approval. Mr. Shubin: Do you know, as we sit here today, if that walkway has been made public at the time that this project gets a Certificate of Occupancy? Mr. Rolle: Not to my knowledge. 140 October 29, 2002 Mr. Shubin: OK. Let me go on and finish your conclusion. "Inasmuch as the applicant is not proposing water dependant features, such as docks, observation decks or piers, the utilization of public right-of-way to meet view corridor criteria is not permitted." Now, are you taking a position today that view corridor criteria have been met with this application? Mr. Rolle: I am taking the position that, according to the Shoreline ordinance, it does give the applicant that avenue to take as far as providing the view corridor and, apparently, the applicant has taken advantage of that avenue. And, in that light, the consideration of the Committee accepted the fact that it was -- it served the purpose for the view corridor. Mr. Shubin: Explain to me what they've done to make the view corridor work. Mr. Rolle: They have agreed to put benches, seating, lighting, utilize that half of the cul-de-sac area there for the pocket park, so that the public does have access to the water. Mr. Shubin: Does it open up the horizontal view corridor that was one of the concerns of staff? Joel Maxwell (Deputy City Attorney): Mr. Chairman. Chairman Regalado: Yes, sir. Mr. Rolle: According to the length of the shoreline waterfront property of this particular project, a 22 -foot corridor would be required. With the utilization of that cul-de-sac, they would need that provision. Mr. Shubin: And is that supposed to be unobstructed, that view corridor? Chairman Regalado: Excuse me, Mr. -- you know, I'm going to ask the City Attorney whether we should continue this kind of questioning because, you know, we have been patient in listening to all sides, but I don't know if we should follow this path of questioning. Mr. Maxwell: Mr. Chairman, as Mr. Shubin pointed out, he is entitled to cross-examine any witness. You, as Chair, of course, have the right to determine when such cross-examination will occur. You could allow it now or you can wait and hold all cross-examination to the end of presentations. But I was asking to be recognized at this particular time because, in my opinion, Mr. Shubin had gone beyond the scope of the cross-examination. So I was about to ask or attempting to ask that he halt at that particular point, which I believe he did. Mr. Shubin: Can I ask one more question or indulge Mr. Maxwell in explaining how I've crossed over the acceptable scope of cross-examin -- one last question, Mr. Chairman. Commissioner Regalado: Go ahead. One last question. Mr. Shubin: Based on your review of the plans, is the view corridor, with 100 percent certainty, unobstructed that is being provided for in these plans? Do you have any personal knowledge that 141 October 29, 2002 it's unobstructed, as you said it had to be required to be in order to meet the intent of the Shoreline ordinance? Mr. Rolle: Since the Shoreline Committee is the one who actually makes the actually approval, but based on my opinion and my dealings with the Shoreline Committee in the last three to five years, with the utilization of that cul-de-sac and what other provisions for visual corridors that have been made on the plan, yes, it does meet an unobstructed view corridor based upon the Shoreline ordinance. Commissioner Teele: Would you say that again? Would you say what you just said? Mr. Rolle: I said that not being a Shoreline Committee member, having the final say on approval, that based upon the plans that were approved by the Shoreline Committee, the final two sets of plans that came in, the plans that I have here, that a copy will be transmitted to the City Clerk's Office it does meet the requirements of the Shoreline ordinance. Commissioner Teele: It does meet? Mr. Rolle: It does. Mr. Shubin: Commissioner Teele, he did say subject to the cul-de-sac, and that's very important. Chairman Regalado: OK. Ms. Dougherty: The next issue raised is whether or not this is a property which needs to be replatted. Commissioner Sanchez: Right. Ms. Dougherty: And as I understand their argument, they're saying that there's two lots and, therefore, you need to replat it into one property. Well, not even in Dade County are you required to do that. You can submit something called a Unity of Title. But nevertheless, we have a letter written by John Jackson, the Public Works Director, last March 7th, which indicates that there is no requirement for platting on this property in the City of Miami. And, furthermore, Jack and -- or Jack Luft and Mr. Shubin -- Commissioner Teele: Madam Attorney, could I help you? Ms. Dougherty: Sure. Commissioner Teele: Are you going to object if we make that a requirement? Ms. Dougherty: Yes. Commissioner Teele: Why? 142 October 29, 2002 Ms. Dougherty: Because what they're trying to do is make us a have another half of cul-de-sac in our property, and our property would not be viable for any property -- for any project, not this one or any other one. Commissioner Teele: Say that again. Ms. Dougherty: In other words, what they're attempting to do is to make us dedicate another cul-de-sac, which you can see, which goes right into our lobby. In other words, if they make us dedicate a cul-de-sac on our side of our property, it basically diminishes our property, and they wouldn't have this project or probably any other project. So -- but there is no requirement for platting. And even the Dade County Code in the section that he mentioned, which was 28 dash - - I believe it's 28-4, he neglected to say that the re -subdivision of land heretofore platted is of -- that the municipal authority has the right to waive that requirement under Section 3 of that provision, which says the subdivision of land heretofore platted is of such unusual shape or size, or is surrounded by such development or unusual conditions as may be determined by the plat division of the appropriate authority to justify the waiving of the requirement or the recording of the plat. And that is exactly -- if there even was a requirement for recording a plat, John Jackson has waived that requirement in March of this last year. And he is here and available to testify, as well, if that's something that you require. And I'm going to submit this letter into the record. It's interesting to note that if you required a plat of this property, you'd probably also require a plat of the property to the west, and so, it would be very difficult to end up having a plat of one side without the person to the other side, but I'm going to submit this for the record. Commissioner Regalado: OK. Mr. Shubin: I'd like to make -- I'd just like to make an objection to that submission. Only the Plat Committee -- the Plat and Streets Committee has the power to waive the cul-de-sac requirement, and under applicable Florida law, platting and the waiver of plating is a quasi judicial function, which cannot be done administratively, as Ms. Dougherty and the applicant have attempted to do. Ms. Dougherty: Well, in the City -- Chairman Regalado: Well, it's not her fault. I mean, the Public Works Director wrote the letter, not her. Ms. Dougherty: The City Code permits him to make that determination, as well as the County Code. Chairman Regalado: John, did you write that letter? John Jackson: Yes. John Jackson, Director of Public Works. The Miami -Dade Code, Section 28-4, Section 3, that's being referred to here, is an exception to the requirement to the plat. It defers it to the municipality or the entity that has the -- a Code section. The applicant, we have reviewed their parcel as it currently exists, and it does meet an exception to platting, which is Code Section 5510-E, which they provided real property records that were in existence prior to 143 October 29, 2002 the Zoning Code of June 27th, 1983, which is clearly in our code and does not require this partial and is submitted to be replatted at this time. Chairman Regalado: Thank you. Mr. Shubin: Can I ask one question? Chairman Regalado: To whom, please? Mr. Shubin: To Mr. Jackson. Chairman Regalado: Well, I mean -- Mr. Shubin: We're entitled as a matter of -- Chairman Regalado: I know you're entitled, but how long are we going to keep doing this? Mr. Shubin: One question. Chairman Regalado: Go ahead, sir. Mr. Shubin: Is there anything in your letter that waived the requirements set forth in 5511 regarding a cul-de-sac? Mr. Jackson: No, there is nothing in the letter that waives that requirement. Ms. Dougherty: I have to follow that up. Is there a requirement for a cul-de-sac in this case? Mr. Jackson: If there -- if the property is not -- parcel is not replatted, there's not a requirement. If it needs to be platted, that would certainly be one of the requirements. Ms. Dougherty: Mr. Jackson, even if it was replatted, is there a waiver that could be given to that requirement under your code? Could the Plat and Street Committee waive the requirement of a cul-de-sac even if it was replatted? Mr. Jackson: I believe they can waive that requirement. Chairman Regalado: OK. You're done? Ms. Dougherty: OK. I just wanted to remind the Commission that this is a building that could be built in the exact same configuration, the exact same size, the exact same height, without this Major Use Special Permit. This Major Use Special Permit is only to request 15,000 additional square feet. The density is one half of that which is permitted by code. We are only asking for 36 units. Seventy-two units would be permitted. The open space is two times that which is required by Code. The lot coverage is 60 -- is permitted at 60 percent. We're only covering 29 percent. The green space is required at 5,257 square feet. We are providing 6,655 square feet. 144 October 29, 2002 There are no variances required for this project. There are no variances even -- we're not even asking for a waiver of shoreline setbacks, as required by the code. Sixty-eight are required parking spaces. We are providing 71. We are not asking for the waterfront waiver of setback, as we said. And it does meet the City code comprehensive plan for an urban project. I'm going to ask Adrienne or Chad to look at -- to have you review this model that's up here. Adrienne, could you kind of pick it up and show it to them. Because I think you can show -- thank you. And she's just pointing out to me that something new, since our last hearing, is that this project received an AIA (American Institute of Architects) award from the American Institute of Architects for design since your last hearing. And as Chad's showing you, there are no view corridors that are obstructed. Yes, our neighbors have some of their views impacted, but that's going to be the case for any building built on that property. And I hope you realize that Jack Luft argued on behalf of the single family homeowners to the west of us. They're not here complaining. It's the condominium and the rental apartment buildings that are adjacent to us that are complaining. It's not the single-family homeowners to the west that are here today. This is a process, which I don't have to tell you, is a very lengthy one. And I'm just going to submit, for the record, a timeline of the things that we've gone through to have this project approved, and it's the kind of thing that you all have talked about over and over again. We submitted our preliminary plans to the City of Miami last February. We went for internal design review in February. We had UDRB (Urban Development Review Board) in March. We had meetings with the citizens of Edgewater, who approved the project. We submitted our plans to the Shoreline Review Committee. We had Urban Development Review Board meetings. We had staff of the Shoreline Review Committee meetings. We had the Shoreline Review Committee. We submitted our books to the Major Use Special Permit. We went to the Planning Advisory Board. We've met with the owners of the Hamilton. We've met with the owners of Bay Park. All of this has taken, I mean, literally, eight months, eight or nine months for us to get through the process of a Major Use Special Permit, and I'd like to submit this for the record so that, in case this is appealed, you'll know and the court will know this has been through an adequate review by every kind of board you can possibly imagine. Chairman Regalado: OK. Thank you very much. We're closing the public hearing. Comments from the board members. Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Mr. -- Commissioner Sanchez: I have basically written down some of the concerns that were brought forth and some of the arguments and, therefore, some of the statements that have been made by the witnesses. Of course, one was the setback requirement that the -- their argument is 75 feet. According to their code, it's 50. But I've narrowed them down through the statements made by the witnesses and stuff. I don't -- there's one mentioned statement about five feet parking, which will be from the neighborhoods -- in other words, the parking will be five feet from the other building? Mr. Shubin: Parking garage. Yes. 145 October 29, 2002 Commissioner Sanchez: Will be a separation. Is that from the line or from a building? Mr. Luft: That's from the lot line adjacent to the residence. Commissioner Sanchez: The lot line. So not the building? Mr. Luft: The building is set back five feet from the property line, and across that line is the low density residence. Commissioner Sanchez: How far is the -- from the property line, the building? Mr. Luft: Five feet. The seven -story garage. Commissioner Sanchez: OK. Ms. Dougherty: He's asking from the other building. Commissioner Sanchez: From the other building. Ms. Dougherty: From the -- Commissioner Sanchez: In other words, the property line from the building you're representing -- the organization you're representing. Ms. Dougherty: He doesn't represent the people to the west. Commissioner Sanchez: Well, I just want -- you said the parking five feet from the line, the property line to the Hamilton building. Is that the Hamilton building that we're talking about? Mr. Luft: No, no. Commissioner Sanchez: What's the building? Mr. Luft: The building -- the next adjacent residential property to the west. Commissioner Sanchez: Right. What's the name of that building? Mr. Luft: It's a duplex. It's a residential property. I don't know the name of it. It doesn't have a name. Commissioner Sanchez: Let me see that. That's the only concern that I have. Oh, OK. No, no, no, no. It's all right. Mr. Maxwell: You need a mic, Mr. Luft. 146 October 29, 2002 Commissioner Sanchez: It's OK. Just by seeing the sample there, I'm OK with it. No further questions, Mr. Chairman. Chairman Regalado: OK. Any other comments? Members of the public, hearing is closed. Commissioner Winton, it's your district. You want a motion? What do you want to do? Vice Chairman Winton: Well, I think that the -- you know, one of the unfortunate things that happens in these processes is that -- particularly when it's clear to me that one side or the other is just setting the record for future legal activity, that it sure does get hard to focus on the real issues, because there's so much stuff that hits the wall. And so that makes it a little more challenging from our standpoint, because from my viewpoint, I really would like to focus on real issues that might have a real impact, but so much stuff hits that I can't keep up with all the -- and sort through which the real issues are. This project -- I'd be curious to know what happened with the Hamilton when it was built, and the project to the south when it was built, because originally, before those high rises got built, this was really a single family, you know one-, two-story, three- story neighborhood. And what -- it's really too bad that all of these things got built, because that neighborhood was a classic, fabulous neighborhood before somebody, 15 years ago or 17 years ago, made the decision to up -zone that whole neighborhood and allow any of these high rises to be built. And now then, it will be the battle of the high rises over who gets the view, and who doesn't get the view, and all that kind of jazz. This particular project, that site, they could clearly build something else, and that something else is absolutely high-rise. You can build a high-rise project on that site. And what could be built on that site could be a hundred times different, and from my viewpoint, worse than what the project that's proposed is for that site for everybody involved, including the people who still are kind of holding on to the low rise projects, all of whom had their views blocked if they were anywhere close to the two high rises that are already in place. So I -- frankly, I think that my view is, on this deal, that I'm going to move that we support the recommendations of staff, end of story. Commissioner Sanchez: With conditions. With the conditions. Vice Chairman Winton: With their conditions, right. Commissioner Sanchez: Second. Chairman Regalado: OK. We have a motion and a second. It's a resolution, but, anyway, Madam City Clerk, let's do a roll call. Commissioner Teele: I'm -- Chairman Regalado: Commissioner Teele. Commissioner Teele: I'm troubled by one thing, and I don't understand, Mr. Jackson, Mr. Attorney. The expert who spoke on behalf of the Shoreline Committee couched his support or the Committee's support and he underscored it twice, based upon the cul-de-sac -- based upon the -- help me, Ms. Dougherty. What was -- 147 October 29, 2002 Vice Chairman Winton: Platting. Ms. Dougherty: It was based on the urban park being placed in the existing cul-de-sac, not that we would provide a new one. And may I also add -- Commissioner Teele: No, no, no, no. Vice Chairman Winton: No, no. That is not what he said. Ms. Dougherty: OK. Is that what you wanted? Vice Chairman Winton: No. Commissioner Teele: Madam Planning Director, does this plan ensure that the cul-de-sac, that is the basis of the Shoreline Committee's support, that it is preserved, that it's going to be built, that it's going to be protected? Ana Gelabert (Director, Planning and Zoning): I didn't understand. The cul-de-sac that you're seeing, that they're proposing, is what the project that we're approving. Ms. Dougherty: That's correct. Ms. Gelabert: (INAUDIBLE) regarding the cul-de-sac -- the one that they're proposing is together with the project that (INAUDIBLE) -- Commissioner Teele: I can't hear you. I hear all these people. Is there a Sergeant at Arms here? Chairman Regalado: Yeah. Commissioner Teele: Somebody needs to -- Chairman Regalado: Raymond. Commissioner Teele: The acoustics are really bad and -- Chairman Regalado: Where's Ray? Where's Raymond? You need to go out and ask them, please, to calm down. Ms. Gelabert: Yes, they did. I'm sorry. Going back to your question is the cul-de-sac, it's what's approved with the project. The Public Works Director spoke and they had not made the request of replatting, so what you see today is what they would be asked to build, because that's what is in front of your (INAUDIBLE) Commissioner Teele: And it's put before us today a cul-de-sac. Ms. Gelabert: I'm sorry. 148 October 29, 2002 Commissioner Teele: Is what before us right now a cul-de-sac? Ms. Dougherty: It's already built. (COMMENTS OFF RECORD) Ms. Gelabert: It is a cul-de-sac. It is the treatment that they said -- the mitigation of the treatment at the end of that cul-de-sac that is adjacent to the bay walk, the one that they said that they would be mitigating, the one that the gentleman from the Shoreline spoke about, that is part of the project. Commissioner Teele: That is part of the project. Madam Director, that is part of the project? Ms. Gelabert: Yes, sir. That is my understanding. They did say -- and Ms. Dougherty put it on the record -- that those improvements were what they were going to do. Ms. Dougherty: That's correct. Ms. Gelabert: She stated as part of the presentation. Commissioner Teele: I'm not going to reopen this, but Counsel, did you want to make two words? Mr. Shubin: There is no cul-de-sac similar to this cul-de-sac on their plans to provide a turning basin. It's semantics. They're talking about the park at the end of the street. They're not talking about the cut-out cul-de-sac, which is required by your subdivision regulations. Ms. Gelabert: Could I? I believe the Director of the Public Works Department, John Jackson, spoke to that. Commissioner Teele: I thought he did, too. Ms. Gelabert: And I would like if maybe John Jackson could put it back on the record, what he addressed that issue. Mr. Jackson: John Jackson. Let me just say that this is what's being proposed, and correct me, Lourdes, if I'm wrong. It is not a cul-de-sac according to our platting subdivision, as far as should they need to plat. It would be a larger cul-de-sac should they go through that process. Commissioner Teele: So what are you saying? Is it a cul-de-sac or is it a cul-de-sac? Ms. Slazyk: I think what it is is we're calling two different things a cul-de-sac. Right now the street dead ends into the bay. What the applicant is going to do, that's on their plans and part of the Shoreline Development Review approval, is that they create something like a cul-de-sac at the end of the street that's really a terminus point, a public gathering space, not the cul-de-sac on 149 October 29, 2002 their own property. And I think we've been mixing the terms up and calling them both cul-de- sacs. So, no, they're not going to be providing a full cul-de-sac on their property. They're providing a terminus to the street that's also been referred to as a cul-de-sac, but it's not the same thing. Commissioner Teele: Is this terminus what was presented to the Shoreline Committee? Ms. Slazyk: That's what was approved by the Shoreline. It's part of the conditions. Commissioner Teele: So that was a part of their understanding and their thinking in approving this. Ms. Slazyk Absolutely. And we just added it into our development order tonight, so they not only have to do it according to Shoreline. It's now in our development order, so they have to do it. Commissioner Teele: That's the question that I'm trying to get. How are we protecting the public to ensure that what the Shoreline Committee is approving is a condition? And you're telling me that it is added as a condition. Would you read that language? Ms. Slazyk Yes, I will. I read it earlier. Let me read again. The Shoreline Development Review Committee approved this project with three conditions that I added into the record tonight. First, that the applicant restudy the site layout to separate the sunrise pool located within the shoreline setback area from the bay walk, so that the residents are able to walk around the pool. Two, that the applicant restudy the seating facilities the proposed pedestrian plaza at the end of Northeast 34th Street, so as to not utilize teakwood for the bench materials. And three, that an object element be placed at the view corridor at the street entrance to terminate the view. So, not only do they have to improve it, they have to also put an object element there as a terminus. Mr. Maxwell: Mr. Chairman. Commissioner Teele: Thank you. Chairman Regalado: Yes, sir. Commissioner Teele: Thank you, Ms. Slazyk. Mr. Maxwell: Please identify yourself again for the record. Ms. Slazyk Lourdes Slazyk, Assistant Director of Planning and Zoning Department. Mr. Maxwell: You indicated earlier, or the director did, that a copy of the Shoreline Development Review Committee's resolution -- is it in the record now? Ms. Slazyk I incorporated it into the record by reference. We got it after the last meeting. 150 October 29, 2002 Mr. Maxwell: Do you have it in your possession now? Ms. Slazyk: Yes. It is in my hands. Mr. Maxwell: Could you please make sure a copy is given to the Clerk for incorporation in the minutes of this meeting? Ms. Slazyk: Yes, sir. Ms. Dougherty: Mr. Chairman, before you, just to take a vote, I'd like to submit one other thing for the record. This is a 1983 document that shows that the Hamilton -- Chairman Regalado: Wait. Wait, wait, wait a minute. Wait a minute. Mr. City Attorney, do we need this or -- Mr. Maxwell: No, sir. You've closed the public hearing. Chairman Regalado: OK. The public hearing is closed. No on else. We have a motion and a second. Roll call, Madam. Mr. Maxwell: (INAUDIBLE) and voting on with the addition of the comments that were just read into the record, incorporated into the record. Chairman Regalado: Is that OK with you, Johnny? Vice Chairman Winton: What? Chairman Regalado: That -- Vice Chairman Winton: I didn't hear. I was on the phone. Commissioner Teele: What she read into the record, she said she had already read into the record as an amendment; is that correct? Ms. Slazyk That's true. When I began -- Mr. Maxwell: What I'm saying is, Commissioner, that I want to make sure the record reflects that the vote you're taking includes all the testimony that occurred subsequent to the maker -- to the motion and second. Chairman Regalado: OK. We have a motion to accept the staff recommendation, with conditions, and a second. Madam City Clerk, roll call. 151 October 29, 2002 The following resolution was introduced by Commissioner Winton, who moved for its adoption: RESOLUTION NO. 02-1179 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE SKYRESIDENCE PROJECT, TO BE LOCATED AT APPROXIMATELY 640 NE 34TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF A RESIDENTIAL COMPLEX, WITH NOT MORE THAN 36 UNITS, WITH ACCESSORY RECREATIONAL SPACE, AND APPROXIMATELY 71 PARKING SPACES; APPROVING A DEVELOPMENT ORDER; 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. Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Priscilla A. Thompson (City Clerk): The resolution is approved, 5/0. Chairman Regalado: OK. Thank you. 44. AUTHORIZE ACCEPTANCE OF DONATION OF ORIGINAL MIAMI HIGH SCHOOL BUNGALOW FROM KV BRICKELL PARTNERS, LTD., TO CITY; AUTHORIZE ACCEPTANCE OF $35,000 AND $41,351 IN DONATIONS FROM DADE HERITAGE TRUST FOR MOVING AND STABILIZATION OF BUNGALOW BUILDING; APPROVE PLACEMENT OF BUNGALOW BUILDING IN SOUTH SIDE PARK LOCATED AT 100 SOUTHWEST 11 STREET, MIAMI, FLORIDA. Chairman Regalado: Thank you. We'll come back to the PZ items immediately, but we need to follow the agenda. We have promised since the last meeting a time certain 5 P.M. It's a discussion concerning the issue of the old Miami High School bungalow building; moving the structure to Southside Park for renovation and use by the community. We have a resolution. 152 October 29, 2002 This is a public hearing, as called. Please give us a break. We have a public hearing. We open the public hearing. The parks director is here. Where's Mr. Ruder? Al? Ok. He's coming. This is are people from the trust here? Vice Chairman Winton: Yeah. Chairman Regalado: Ok. Vice Chairman Winton: They're early. Chairman Regalado: You want to come in to the podium just in case you need to answer any questions? Al Ruder: Ok. Albert Ruder. This is just a follow-up to your previous direction. At the last meeting we scheduled a public hearing the issue of the old Miami High bungalow building and moving said structure to the Southside Park for renovation and use by the community. There's also an accompanying resolution, which is approving an agreement with the developer. Richard Heisenbottle is here with some drawings, if you want to see them. But Commissioner Teele: We have the architect. Mr. Ruder: Yes. Richard Heisenbottle, the architect, yes, and as you said before, Becky is the Executive Director of Dade Heritage Trust. Chairman Regalado: Ok. You all want to see the drawings? Mr. Heisen Commissioner Gonzalez: Mr. Chairman, at the last meeting, I was the one that requested that this should have been a public hearing. Chairman Regalado: It is a public hearing. Commissioner Gonzalez: If there isn't any opposition, I think that we can proceed with the -- Chairman Regalado: It is a public hearing. Vice Chairman Winton: Richard, I have one question. It bothered me then, it bothered me since, it's bothering me now. I did the calculation on the cost per square foot for rehabbing this bungalow. I could build a gold-plated, First Union Financial Center for the cost per square foot for rehabbing a wooden building. I don't get it. $300 and some dollars a foot. It isn't as though this was a building that was built out of rare marble and special brass and, you know, all kinds of other stuff. So I'm and it isn't the Gusman Theater. It is a plain vanilla building. Richard Heisenbottle: John? Vice Chairman Winton: Yes, sir. Mr. Heisenbottle: Let's hope for the first time that my estimate is completely wrong. 153 October 29, 2002 Vice Chairman Winton: Oh, I can assure you Mr. Heisenbottle: That I stand there ultimately Vice Chairman Winton: I'm hoping that. Mr. Heisenbottle: You know, embarrassed about the roughly million dollar number or $900 and some thousand dollar number that I guess we've estimated for this. We do have a number of things that are making it a premium. One of those is that there is that first we have to relocate the building, and even in relocating the building, right off the top there's $300,000 number just to relocate the building. We do have an asbestos abatement issue in the building. There are translight panels on the outside of the building that when we take them off actually reveal the wood that we see, you know, in the rendering over here, so that's another one of those little things that's kind of on top. We've also made a judgment here that when we put this back our intention is to give it completely new systems, so when we walk in it's a new mechanical system completely. It's a new electrical system completely. It's a new plumbing system completely, so Vice Chairman Winton: You've done a very good job. That's because, you know, the $300,000 for moving it is a third of the total cost and so there's over $100 a foot, so. Thank you. Mr. Heisenbottle: Thank you. Commissioner Teele: And a new HVAC. Mr. Heisenbottle: Yes sir. Chairman Regalado: Ok. Commissioner Sanchez: Ok. I'm prepared, is there, I mean Vice Chairman Winton: Yeah. Commissioner Sanchez: is there any opposition? No? Like I said. So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: Ok. We have a motion and a second. We close the public hearing. Vice Chairman Winton: Becky wants to make some sort of comment. Commissioner Sanchez: Just say thank you, Becky. Becky Matkov: I wanted to Can I add one thing? We have actually, you know, the Dade Heritage Trust has raised money to make the donation and in your agendas it says $41,351 and we've collected a little bit more than that, about $200 more, so it's a little bit larger. 154 October 29, 2002 Vice Chairman Winton: Well, keep collecting, would you? Ms. Matkov: So I just wanted to let you know that. Chairman Regalado: Becky, for the record we need your name and address. Ms. Matkov: Oh. I'm Becky Roper Matkov. I'm Executive Director of Dade Heritage Trust at 190 SE 12th Terrace, Miami. Chairman Regalado: Thank you. Ok. We have a motion. We close the public hearing. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION 02-1180 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACCEPTANCE OF A DONATION OF THE ORIGINAL MIAMI HIGH SCHOOL BUNGALOW, AS EVIDENCED BY A BILL OF SALE, IN SUBSTANTIALLY THE FORM ATTACHED, FROM KV BRICKELL PARTNERS, LTD., (THE "DONOR") TO THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE A WRITTEN ACKNOWLEDGMENT OF THIS SIGNIFICANT GIFT AND TO EXECUTE AN AGREEMENT WITH THE DONOR, IN SUBSTANTIALLY THE ATTACHED FORM, PROVIDING THE TERMS AND CONDITIONS FOR TRANSFER OF THE BUNGALOW BUILDING; FURTHER AUTHORIZING THE ACCEPTANCE OF THIRTY- FIVE THOUSAND DOLLARS ($35,000) AND FORTY-ONE THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS ($41,351) IN DONATIONS FROM DADE HERITAGE TRUST ("DHT") FOR THE MOVING AND STABILIZATION OF THE BUNGALOW BUILDING; APPROVING THE PLACEMENT OF THE BUNGALOW BUILDING IN SOUTH SIDE PARK LOCATED AT 100 SOUTHWEST 11 STREET, MIAMI, FLORIDA. 155 October 29, 2002 (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Ok. We're done with the time certain. We need to do the bonds. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes sir? Commissioner Teele: I just want to thank Commissioner Sanchez and Becky and all of the volunteers. You know, what a difference five, four years When I got on this Commission four years ago, I guess this is five years I mean, you know, everything was being torn down. There was it is really a refreshing change to see the concern about our historic preservation and I really want to complement the Commission and the management, but particularly the Dade Heritage Trust and the volunteers the preservationists that are raising our consciousness, so please continue to keep us honest and keep us on target. Ms. Matkov: Well thank you very much for that and we thank you so much, Commissioners, for your concern and for your donation from the City coffers too of the $250,000, which is going to make this possible and we hope to be able to get state funding next year for the restoration too, so Thank you all. I appreciate all of your concern. Thank you. Commissioner Sanchez: Thank you. It's been a pleasure. Ms. Matkov: It's going to be a great project when it's finished. Commissioner Sanchez: I consider it my old alma mater. Chairman Regalado: Ok. Thank you very much. Vice Chairman Winton: I'd like to have seen you in that school. Commissioner Sanchez: Huh? 156 October 29, 2002 Vice Chairman Winton: I'd like to have seen you in that school. 45. AMEND RESOLUTION NO. 02-1057 BY AMENDING DEFINITION OF REFUNDED BONDS AND UNDERWRITERS AND MAKING CERTAIN ADDITIONAL AMENDMENTS CONSISTENT WITH SUCH CHANGES; AND PROVIDING AN EFFECTIVE DATE. Chairman Regalado: The bond issue, Mr. Manager? Carlos Gimenez (City Manager): Yes, Bob. Bob Nachlinger: Mr. Chairman, we're coming before you today for a resolution amending the resolution that originally authorized the series 2002-C bonds. The original closing date for this bond issue was scheduled to be October 17th. There was a concern by the lead underwriter at that closing on the potential disclosures related to the re -organization plan. The closing was postponed. The Solomon Smith Barney, the lead underwriter, paid off the Sunshine State obligations. They wired the funds to Sunshine State, which we needed to have happen, otherwise we would have been default on those obligations, so we have an interim obligation or effectively an original loan from Solomon Smith Barney that needs to be paid off through the issuance of these bonds. We have renegotiated the interest rate. The initial interest rate that we sold this bond issue at was 3.7 percent. The new negotiated interest rate is 3.76 percent, six basis points higher that equates over the life of the bond issue of about $236,000 I believe over the 15 years. We're recommending that the Commission authorize this sale and we can move forward and clean this matter up entirely. Commissioner Teele: Is the representative of Smith Barney here? Mr. Nachlinger: Yes, sir. John Rodstrom. Commissioner Teele: Commissioner, are you going to give us some help on Election Day monitoring? It's a pleasure to have you here. John Rodstrom (Commissioner): Nice to be here. Commissioner Teele: Commissioner Rodstrom, and I was going to move to defer the item. I thought you were not available. But since you're here I guess we should move forward. Mr. Rodstrom: Thank you. Commissioner Teele: You're not smiling at all. Mr. Rodstrom: Oh, it's been a hard week, and unlike you, we'd like to see this election be over. Commissioner Teele: I move approval of the item. Vice Chairman Winton: Second. 157 October 29, 2002 Chairman Regalado: Ok. We have a motion and a second. It's a resolution. All in favor, say LL " aye. The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1181 A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, AMENDING RESOLUTION NO. 02-1057 BY AMENDING THE DEFINITION OF REFUNDED BONDS AND UNDERWRITERS AND MAKING CERTAIN ADDITIONAL AMENDMENTS CONSISTENT WITH SUCH CHANGES; AND PROVIDING AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: It passes. Thank you very much. Mr. Rodstrom: Thanks very much. 46. RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF DECEMBER, ORIGINALLY SCHEDULED FOR DECEMBER 26, 2002, TO TAKE PLACE ON DECEMBER 12, 2002 AT THE MIAMI ARENA, LOCATED AT 701 ARENA BOULEVARD, MIAMI, FLORIDA. Chairman Regalado: Ok. The Manager informs me that we are not going to be dealing with the reorganization chart this afternoon. The Mayor apparently wants to do it on the next meeting in November, so we will move forward. Also, we need to finalize the City Clerk and the City Attorney and the City Manager are requesting the details of the December meeting, so listen to 158 October 29, 2002 this, Johnny or Arthur, December 12th, Miami Arena, it is the site for the only meeting in December. Vice Chairman Winton: Give me a question? Is that what you're Chairman Regalado: Huh? Vice Chairman Winton: I was talking, so I didn't hear what Chairman Regalado: December 12th, Miami Arena. Commissioner Teele: Why couldn't we come back here? Chairman Regalado: We could come back here. The problem is that a lot of residents are complaining about the lack of parking. Now we could come back here, but what we're going to have to do is to bus the City staff and then leave the parking for the residents and visitors. If we do it in the arena, then we have plenty of parking for anybody to attend. It will be done in the floor of the arena, not in the VIP room. Commissioner Teele: The meeting that we had at the arena, the acoustics were very, very difficult and it's really I mean, it's almost cavernous, but whatever's best. This venue really Chairman Regalado: Everybody loves this place, with the only exception that people Commissioner Teele: We're trying to get more events in here so Chairman Regalado: But that's on the weekends hopefully and we don't work on weekends. Not in the City Hall, but no. If we can solve the issue of parking for the visitors and residents to attend this meeting, I mean, we can do it here, we can do it whatever. But the issue of parking has been brought to the attention of several city officials by persons that are attending this meeting and indeed they're right, because they have to park one or two blocks away, so it's up to you guys. You want to do it here? Or do you want to do it at the arena? That would be December 12th, the only meeting in December. Vice Chairman Winton: December 12th is fine. I don't care where. Chairman Regalado: Ok. Commissioner Gonzalez: December 12th is fine with me. You want to do it here? Let's do it here. Chairman Regalado: Ok. Then we'll use the Artime, the Manuel Artime Theater December 12th, and the only thing is that we need to accommodate some parking for visitors. I'll tell you what we can do. We can ask Art to block the parking meters in front of the Artime and we can 159 October 29, 2002 someone, you know, if you're coming here and we can have the turnover and at least seven or eight parking spaces for the residents and who want to attend. Ok. Vice Chairman Winton: Mr. Chairman, you know, when you're thinking about parking for folks that are going to come to the Commission meeting, when they come downtown to the Gusman, and have you all been to the Gusman since it's been refurbished? Chairman Regalado: No, no. Vice Chairman Winton: You will be absolutely blown away. It is Chairman Regalado: I saw the story in the paper. Vice Chairman Winton: beyond belief. Yeah. I walked in and almost fell over dead, so it's, from my viewpoint, really valuable to get the public to see it. But it's going to be a pain in the rear -end because of parking, and so I'm wondering if we couldn't instruct the City Manager to work with our police department and Off -Street Parking to develop a very specific plan so that when people get there Chairman Regalado: We already did. Johnny, we already did. Art Noriega when he offered the venue he said that he will work with the City Manager to open the municipal parking Vice Chairman Winton: But it's more than that. People aren't going to know where municipal parking is. They're going to drive downtown, they're going to drive to the Gusman, they're going to get there and they're going to go oh, now what? So we need people out there, you know, maybe some cones set out there so when people come by there are somebody in either a special uniform that civilian or a police uniform that when people go out there you can say you go to that parking lot right there, you turn left here and go to that parking lot right there and you can get in. That's the kind of service that I'm looking for. Chairman Regalado: Yeah. I think you're right. I think you're right because that would accommodate people. Remember, we're going to have a lot of residents coming back if we do have and we will have some PZ items in that meeting. So Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes sir? Commissioner Teele: Did we carry the motion on the date and place for the 12th9 Chairman Regalado: Yes we did. No we didn't. We deferred some of the items. Commissioner Teele: Mr. Chairman, I would just like to make sure that we make a motion that I move that the meeting for December X be moved to December 12th and that the venue be the Artime Theater, unless changed by the Chairman. 160 October 29, 2002 Vice Chairman Winton: Second. Chairman Regalado: Ok. We have a motion and Commissioner Teele: What was the date we were moving from? Commissioner Sanchez: December the Priscilla Thompson (City Clerk): December 26tH Chairman Regalado: Ok, Ok, Ok, Ok, Ok. There is something going on the 12th. A rehearsal or something yeah. But the 10th is open. You want to do it here on the 10th of December? Vice Chairman Winton: No. I'm the 12th is a real good day for me. Chairman Regalado: Huh? Vice Chairman Winton: The 12th is a real good day. The 10th Chairman Regalado: Ok. Then we'll move it to the Miami Arena. Commissioner Teele: The 12th if they're in. Chairman Regalado: 12th at the Miami Arena. Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Winton: Second. Commissioner Sanchez: Second. Chairman Regalado: Ok. We have a motion and a second on moving from the Artime to the Miami Arena on December the 12th Commissioner Sanchez: Mr. Chairman, we have some Chairman Regalado: We need to vote. Vice Chairman Winton: Yeah, we need to. Commissioner Sanchez: (UNINTELLIGIBLE) Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. 161 October 29, 2002 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1182 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE SECOND REGULAR CITY COMMISSION MEETING OF DECEMBER, ORIGINALLY SCHEDULED FOR DECEMBER 26, 2002, TO TAKE PLACE ON DECEMBER 12, 2002 AT THE MIAMI ARENA, LOCATED AT 701 ARENA BOULEVARD, MIAMI, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 47. SECOND READING ORDINANCE: AMEND ORDINANCE NO. 10544, FUTURE LAND USE MAP OF MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING FUTURE LAND USE DESIGNATION FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" AT AREA BOUNDED BY SW 1sT STREET NORTH, SW 7TH STREET SOUTH, NORTHERN '/2 OF BLOCK 49, SW 4TH AVENUE EAST, BY SW 5TH AVENUE WEST, AND 380 SW 4TH STREET, 427, 435, 443, 501-521, 525, 541 SW 4TH AVENUE AND 369-71 SW 5TH STREET. Commissioner Sanchez: We have some residents that are here on PZ -7. If we could take that up at Chairman Regalado: Yes, we will right now. PZ -7 We'll come back to the original agenda, but PZ -7 is a second reading ordinance. It's a clean up and update of the future land use map of the Miami Comprehensive Neighborhood Plan. Do we have Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. 162 October 29, 2002 Chairman Regalado: Ok. We have a motion and a second. This is a public hearing. Anybody from the public who wishes to Anybody from the public? Any comments from the public? Being none, we close the public hearing. Read the ordinance. Joel Maxwell (Deputy City Attorney): Is this Item PZ -7? Commissioner Sanchez: Yes sir. It's second reading. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENTS, AMENDING ORDINANCE 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY AN AREA BOUNDED BY SOUTHWEST IST STREET TO THE NORTH, BOUNDED BY SOUTHWEST 7TH STREET TO THE SOUTH, INCLUDING THE NORTHERN 1/2 OF BLOCK 49, BOUNDED BY SOUTHWEST 4TH AVENUE TO THE EAST, BOUNDED BY SOUTHWEST 5TH AVENUE TO THE WEST, AND THE FOLLOWING ADDRESSES: 380 SOUTHWEST 4TH STREET, 427, 435, 443, 501-521, 541 SOUTHWEST 4TH AVENUE AND 369- 71 SOUTHWEST 5TH STREET, MIAMI, FLORIDA, FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY 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 September 26, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12287. The ordinance was read by title into the public record by the Deputy City Attorney. 163 October 29, 2002 Priscilla A. Thompson (City Clerk): The ordinance is approved on second reading, 5/0. Chairman Regalado: Thank you very much. Commissioner Sanchez: PZ -8 is also a companion. Is it? Lourdes Slazyk (Assistant Director, Planning and Zoning Department): Yes, it is. It's a cleanup also. Commissioner Sanchez: Ok. Ms. Jude did you want to say something? Sallye Jude: I just wanted to say this is a real step in the right direction in this neighborhood and I would request that you ask staff to examine a larger part of that neighborhood, because if we're going to conserve any of the historic fabric in that neighborhood this type of consideration has to be in place and we will get away from gridlock and parking problems with that. Thank you. Chairman Regalado: Could you give us your name and address for the record? We really knew that. We all know. Ms. Jude: I'm sorry. I'm Sallye Jude Chairman Regalado: Thank you. Ms. Jude: and I'm at 118 SW South River Drive and I appreciate what you're doing. Commissioner Sanchez: Thank you Miss Jude. Chairman Regalado: Ok. There's no companion to that, Commissioner. PZ -5 is a resolution. 48. CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE PUBLIC RIGHT-OF-WAY PORTION OF SW 2ND COURT BETWEEN SW 18TH ROAD AND I-95. Priscilla Thompson (City Clerk): Could you I'm sorry. Commissioner Sanchez: PZ -8. Ms. Thompson: PZ -8 is an ordinance. Commissioner Sanchez: Yes. PZ -8 there is a companion. Commissioner Gonzalez: No. Chairman Regalado: No, there is not a companion. Mr. Maxwell: It's not a companion, it's an ordinance. 164 October 29, 2002 Commissioner Sanchez: It's an ordinance? Lourdes Slazyk (Assistant Director, Planning & Zoning Department): It's a clean-up. Commissioner Sanchez: It's a clean-up. Same thing. Chairman Regalado: No, no. Ms. Slazyk: No, it's not a companion. Chairman Regalado: But it's not a companion. Ms. Slazyk No, it's not. Chairman Regalado: We're going to do PZ -5 now. Ms. Thompson: I'm sorry. Chairman Regalado: Yes I'm skipping, but Ms. Thompson: No, I'm sorry. Commissioner you didn't read the ordinance and I didn't hear a vote on number eight. Chairman Regalado: No. Mr. Maxwell: No, we Chairman Regalado: No. We didn't vote on eight. We have not done eight. Mr. Maxwell: We have not acted on 8. Commissioner Sanchez: Yeah. Chairman Regalado: We only acted on seven. We have PZ -5. We have people waiting. Commissioner Sanchez: And just for the record Madam Clerk, we're back on five. PZ -5 now. Chairman Regalado: PZ -5. It's Southwest 2nd Court between Southwest 18th Road and I-95. A unified development site. Lourdes, go ahead. Lourdes Slazyk Yes. PZ -5 is to close, vacate, abandon, discontinue for public use a public right-of-way for a portion of approximately Southwest 2nd Court, between Southwest 18th Road and I-95. This is basically a terminus at I-95. It has been recommended for approval by staff and has been recommended for approval to the City Commission by the Zoning Board. If you look in your package you'll see it's a little teeny piece of an end that butt ends into I-95 and we've recommended approval. 165 October 29, 2002 Chairman Regalado: Ok. This is a public hearing. Anybody from the public? Being none, we close the public hearing. Do we have a motion to Commissioner Sanchez: So move, Mr. Chairman. Commissioner Gonzalez: Second. Chairman Regalado: Ok. We have a motion and a second. It's a resolution. All in favor, say LL " aye. The Commission (Collectively): Aye. Chairman Regalado: It passes. Thank you very much. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: The following resolution was introduced by Commissioner Sanchez, who moved for its adoption: RESOLUTION NO. 02-1183 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF APPROXIMATELY SOUTHWEST 2ND COURT BETWEEN SOUTHWEST 18TH ROAD AND I- 95, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None ABSENT: None 166 October 29, 2002 49. CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE OF A PUBLIC RIGHT-OF-WAY PORTION OF APPROXIMATELY NW 63RD STREET BETWEEN NW 6TH AVENUE AND 7TH AVENUE APPLICANT(S):BELAFONTE TACOLCY CENTER, TACOLCY ECONOMI DEVELOPMENT CORPORATION AND MICKENS ESTATE, OWNERS/PENINSULA DEVELOPERS, INCORPORATED. Chairman Regalado: PZ -4 Commissioner Sanchez: Have we gone backwards? Chairman Regalado: Yes, we are going backward, but we are getting there. PZ -4 is just a -- Lourdes Slazyk (Director, Planning and Zoning): PZ -4 is -- Commissioner Sanchez: It's hard to keep up with this agenda. Chairman Regalado: No, we'll get there. Commissioner Sanchez: PZ -4? Ms. Slazyk: PZ -4 is also another vacation enclosure of a public right-of-way on Northwest 63rd Street, between 6th Avenue and 7th Avenue. This one, however, has been recommended for denial by both the Planning and Zoning Department and by the Zoning Board. And although it had met the technical requirements contained in the City Code, the Plat and Street Committee has also recommended denial, with concerns on the vacation. Six in opposition, zero in favor. So, it has been recommended for denial. Commissioner Teele: On the Zoning Board, I thought the recommendation was for approval. Vicky Garcia -Toledo: It's for approval. Ms. Slazyk: Oh, I'm -- my fax sheet said denial. OK. Commissioner Teele: Yeah. Ms. Slazyk OK. This is one where there is -- the findings that the Planning and Zoning Department is made is that the -- this is -- this serves as an alternate route to heavily traveled Northwest 62nd Street, and closing this street would create a mega block, which is not consistent with the height, bulk and scale of the existing buildings in the area. And the property owner has also failed to demonstrate any public benefits. So, we recommend denial. Ms. Garcia -Toledo: Good evening. For the record, Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center. I'm joined here by my partner, Albert Dotson, and we're appearing before you on behalf of Belafonte Tacolcy Center, and Mr. Otis Pitt. For a bit of history, this street, which is 63rd Street, which runs from 7th to 6th Avenue, came before you and before the City for closure in 1998, and was approved by your Public Works Department, Plat 167 October 29, 2002 and Street Committee, by the Zoning Board and by this Commission. Unfortunately, your Code states that within three years after a street closure, a final plat has to be filed. For some unforeseen circumstances -- Commissioner Teele: It was already approved? Ms. Garcia -Toledo: It was already approved. A final plat was not filed. Because they missed that three-year period of time, the applicant came back before the City and, for unknown reasons, it was exactly what they had approved in '98, was denied now. We would like to address, if you so desire, Commissioner, the reasons why this should be approved. Commissioner Teele: Mr. Chairman, Mr. Clerk -- Commissioner Regalado. Vice Chairman Winton: Commissioner Teele. Commissioner Teele: I've not talked to anybody about this, but I know this area, and what is there is a disaster. Now, the Clerk just passed out a letter from Congresswoman Meek, and she is requesting, again, the approval. We also have a letter from the District Commissioner of the County. And, so, I'm prepared to move the approval -- to support the Zoning Board -- our Zoning Board's lower recommendation, based upon the fact that this is an economic disaster area right now that needs some replatted -- regrowth and replanting of business and economic development activity. Ms. Garcia -Toledo: Yes, Commissioner, and that is consistent with what's been done in other neighborhoods in Miami, such as the Home Depot site on Southwest 8th Street -- what is it? Smart and Final, the Omni. It's occurred all over the City in order to -- Commissioner Teele: But I'm really distressed that you all didn't ensure that the record that came to us indicated that this had been previously approved. It should have been in the history of the -- I mean, staff should do that, but -- Ms. Garcia -Toledo: We submitted to the City the actual resolution number 98-445, which shows the approval by this City Commission. We have no control over what staff puts into the package. Commissioner Teele: This is the area where Winn Dixie was and had -- Ms. Garcia -Toledo: Correct, correct. Commissioner Teele: --two or three hundred jobs. They moved out about -- Ms. Garcia -Toledo: Absolutely. Commissioner Teele: -- two years ago, and the area's just a wasteland right now. 168 October 29, 2002 Ms. Garcia -Toledo: Absolutely. Also, Commissioner, for the comfort of Public Works, there will be continued access into all four of the public right-of-ways on all four sides of this project, including 6th Avenue. So, in terms of circulation of traffic, there is no change to the existing circulation of traffic. Vice Chairman Winton: Mr. Chairman? I'm sorry. Chairman Regalado: Yes, sir. Vice Chairman Winton: I'm sorry. Commissioner Teele might have more comment. The -- and while I have, as you know, Commissioner Teele, the utmost of respect for Congresswoman Meek and Commissioner Role, I was curious -- and I've been to that site recently and know -- and been by that site many times, and know it extremely well, and it is a disaster area. But I just want to make sure that what we're doing doesn't create the next disaster area. And I may have heard -- so, my question was: what is it we're planning on doing that requires that kind of land mass? And maybe I've -- it sounds like I might have heard something. I'm not sure. But I would like to hear a little bit about what value gets created in creating this kind of -- this size of unified site, because you will absolutely take away any real pedestrian connectivity linking neighborhoods when you do this. There are times when you do that and times when you don't do it. So, I just want to understand that. Commissioner Teele: But, Johnny, just understand this. And I'll let -- I think that's a very good question. The neighborhood, just understand, we're talking about 62"d, which is Martin Luther King, which is the most heavily east/west road, so there is no neighborhood to the south of this area. To the western boundary is Northwest 7th Avenue. Vice Chairman Winton: (INAUDIBLE) the eastern boundary. Commissioner Teele: No, the western boundary is Northwest 7th Avenue. Vice Chairman Winton: Oh, yeah. Right, right, right. Commissioner Teele: And the eastern boundary is 95, in effect. So, just know that the only connectivity is going to be to the north, from a neighborhood kind of -- I mean, you know, now there are residents -- Vice Chairman Winton: And that's a good -- Commissioner Teele: -- who live on the south, that walk across in the -- Vice Chairman Winton: And that's a real good point. Commissioner Teele: --buildings that Mr. Pitts --yeah. But I just want you to understand -- Vice Chairman Winton: Good point. 169 October 29, 2002 Commissioner Teele: -- that this is intersected -- Vice Chairman Winton: Yeah. Commissioner Teele: -- by the three most heavily traveled corridors in the entire African- American community: Seventh Avenue, 62"d, MLK (Martin Luther King), and 95. Vice Chairman Winton: And 95. Commissioner Teele: Now, actually, 95 is a little bit -- about a block, but you've got the ramp coming down, and the McDonald's right there. So, that's -- Ms. Garcia -Toledo: And, basically, Commissioner Winton, 63 -- 63rd Street, which we're looking to close, dead ends at the ramp of I-95. So, there's really nothing -- nowhere to go beyond this street that we're proposing to close. Vice Chairman Winton: Then you also wonder why you -- if you're going to require that kind of -- Commissioner Teele: But I think that the Commissioner's question still needs to be answered. Ms. Garcia -Toledo: True. In terms of -- Commissioner Teele: What is the reason for the land mass and what do you plan to put there? Ms. Garcia -Toledo: There is a proposal to renovate the existing buildings on the site, as well as the parking area. And one of the problems that we have is that because there is existing store -- commercial and retail activity on both sides of 63rd, 63rd ends up being a street that traffic runs through, while pedestrians are trying to walk across to the two commercial areas that are existing. So, that is -- we feel is dangerous to the pedestrians that are using the shopping area. And, specifically, it's that pedestrian connectivity that we want to create. The closure of the street will allow us to then curve the street within the parking area so that it's not a straight shoot, and the traffic will have to be slowed down as it moves inside the commercial area. So, it's really a function issue to enhance retail. It is also a safety issue, because of those individuals who are using the shopping center. Also, the pedestrian activity, in terms of the streets surrounding and the outside perimeter of the shopping center, are not going to be affected, at all, by this closure. Chairman Regalado: OK. We have a motion. Do we have a second? Commissioner Gonzalez: Second. Chairman Regalado: OK. We have a motion and a second. We close the public hearing. All in favor, say "aye." The Commission (Collectively): Aye. 170 October 29, 2002 Chairman Regalado: It passes. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 02-1184 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF APPROXIMATELY NORTHWEST 63RD STREET BETWEEN NORTHWEST 6TH AVENUE AND 7TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Ms. Garcia -Toledo: Thank you. Chairman Regalado: OK. Commissioner Teele: Were there any conditions? Ms. Garcia -Toledo: No. 50. CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE PUBLIC RIGHT-OF-WAY PORTION OF SW 2ND COURT BETWEEN SW 18TH ROAD AND I-95. Chairman Regalado: PZ -6. 171 October 29, 2002 Lourdes Slazyk (Director, Planning & Zoning): PZ -6 is also a street closure. This is abandoning a portion of the old AIA right-of-way, along the Southwest side of Watson Island. It has been recommended for approval by the Zoning Board and the Planning and Zoning Department. Commissioner Sanchez: Is there any opposition? Chairman Regalado: This is an administration as applicant. Commissioner Sanchez: Still, is there any opposition? There's opposition to everything. Chairman Regalado: This is a public hearing. We will be closing the public hearing. Vice Chairman Winton: Move the issue. Chairman Regalado: By the way there is a main broken in Watson Island. Water is coming out right at the entrance of Watson Island, as the Etna in Sicily. Commissioner Gonzalez: Move PZ -6, Mr. Chairman. Chairman Regalado: We have a motion Vice Chairman Winton: Second. Chairman Regalado: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It's a resolution. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION 02-1185 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF APPROXIMATELY THE OLD A -1-A RIGHT-OF-WAY ON THE SOUTHWEST SIDE OF WATSON ISLAND, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." 172 October 29, 2002 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 51. COMMENTS BY COUNTY COMMISSIONER REBECCA SOSA REGARDING PROPOSAL FROM BLUE LAGOON AIRPORT CLUB APARTMENTS, INC. FOR USE OF PORTION OF ANTONIO MACEO PARK AS PUBLIC ACCESS ROAD FOR USE BY RESIDENTS OF NEW AIRPORT CLUB APARTMENTS UNDER CONSTRUCTION. Commissioner Gonzalez: Mr. Chairman, if you allow me, I would like to recognize Commissioner Rebecca Sosa from Miami -Dade County's President Chamber. Chairman Regalado: Commissioner Sosa. Welcome. Commissioner Gonzalez: Welcome Commissioner. County Commissioner Rebecca Sosa: Good evening Mr. Chairman and members of the Commission. It's a pleasure to be here today and of course I know you know that there is an item that is very dear in our district and that item has to do with the park at 7th Street, Maceo, and that's one of the reasons why I'm here to beg your indulgence to remember that that park is a landmark in our community. Chairman Regalado: Well Commissioner, the item has been withdrawn as requested by the Mayor after the proponent withdrew all his requests, so Commissioner Sosa: So the park is going to be untouched, right? Chairman Regalado: It is one it is like that. Commissioner Sosa: I commend you all for that and that's the reason why Commissioner Sanchez: Well, the Commissioner Chairman Regalado: But since you're here Commissioner Sanchez: of the district needs to be commended. 173 October 29, 2002 Commissioner Gonzalez: Thank you for your support. Commissioner Sosa: That's why I'm here. I received a call and we have been working together and it's a pleasure to be here and to support the residents of our Flagami area. Commissioner Gonzalez: Thank you, Commissioner. Chairman Regalado: Since you are here, Commissioner, I would like to thank you on behalf of the residents of District 4, a large area, I share with you as Commissioner for District 6 in the City of Miami and working with you is a pleasure, but it's also something that benefits the residents because you immediately go to bat for our residents, so I thank you very much, Rebecca. Commissioner Sosa: No, thank you, Commissioner Regalado. Let me tell you, I must say that it's so easy to work for the City of Miami and to have the City of Miami within the boundaries of my district, because every time we call your office with a problem, we get a response. We call Commissioner Gonzalez office, we get a response. I know that I have your areas, but also Commissioner Winton, Commissioner Sanchez, everyone and the Mayor, so it's a pleasure for me to represent the district, and you know we're there. We're there to help. We have many, many issues that are coming in front of the County Commission and we need to keep together working for the benefit of municipalities, and I don't see Commissioner Teele, but my respects to him too. So thanks a million and if any of these issues survive regards to the park in Maceo, please, please do not hesitate to call me. Chairman Regalado: Ok. Just a question. Are we going to have Russians in our precincts next election? Commissioner Sosa: That's what I heard and I hope that you read my comments and Chairman Regalado: Yes, I did. Commissioner Sosa: in the newspaper today, because I always believed that our nation, our county, our state must be and has been an example to the world. We are the ones who set the example of democracy and freedom, so my expectancy is that everyone comes from the outside to learn from us, and that is what we should always get together and that should be our objective, but I do believe that we have a lot of people in-house that can help us and I hope that the elections are going to be what the residents of this county deserve, so everyone is counted, so everyone has the opportunity to vote and express their opinions and that is what I hope. We don't need the Russians here. Chairman Regalado: Thank you, Commissioner. Thank you for coming. Commissioner Teele: Mr. Chairman, I would just like to acknowledge again Commissioner Sosa and the great work you're doing and we really appreciate your kind words and the close working relationship. We've got a lot of issues. For some reason it seems that individually when every 174 October 29, 2002 Commissioner comes here we all get along and there's a love fest, but we still have a lot of open issues between the City and the county that we'd like to begin some dialogue in closing and maybe with the new organization there'll be an opportunity to bring some of these issues to a closure, but Commissioner Sosa, you are such a pleasure to work with and to have you here before the Commission and we really appreciate your professionalism and the support you're giving our City. Commissioner Sosa: Thank you, Commissioner, and you know, our doors are open. We need to work together and the issues of annexation and incorporation are going to be something that we will need your input all of you, because it's very important for us to sit together and the protection of municipalities and the residents of our municipalities coming from a municipal government, that is the idea that I have. That is the idea that I bring to the Commission and that's why the City of Miami and each one of you is so important to me. Thank you for your input. Thank you for your cooperation and you know that I'm there -- whatever is needed, I'm there to serve. Commissioner Gonzalez: Thank you Commissioner. We really appreciate it. Vice Chairman Winton: Great. Commissioner Sosa: And keep up the good work, because you're doing an excellent job. We are proud of the City of Miami and all the elected officials that are seated here, including the Mayor. Thank you very much and especially to the residents of the City of Miami. Commissioner Gonzalez: Thank you. Chairman Regalado: Thank you, Rebecca 52. SECOND READING ORDINANCE: AMEND PAGE NO. 36 OF ZONING ATLAS OF ZONING ORDINANCE NO. 11000, CITY'S ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING ZONING CLASSIFICATION FROM (CBD) "CENTRAL BUSINESS DISTRICT" TO (G/I) "GOVERNMENT AND INSTITUTIONAL" AT 73 W FLAGLER STREET. Chairman Regalado: PZ -8. PZ -8, 73 West Flagler Street. Go ahead, Lourdes. Lourdes Slazyk (Director, Planning & Zoning): Thank you. Yes. This is a cleanup item from CBD to GI, Government Institutional. Vice Chairman Winton: Second reading. Move it. Commissioner Teele: Second. Chairman Regalado: We have a motion and a second. This is a public hearing on PZ -8. Anybody from the public is invited to address the board on this item. Being none, we close the public hearing. Read the ordinance. Roll call. 175 October 29, 2002 An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 36 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM (CBD) "CENTRAL BUSINESS DISTRICT" TO (G/I) "GOVERNMENT AND INSTITUTIONAL" FOR THE PROPERTY LOCATED AT APPROXIMATELY 73 WEST FLAGLER STREET, MIAMI, FLORIDA; MAKING FINDINGS; 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 October 10, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chairman Winton, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12288. The ordinance was read by title into the public record by the City Attorney Priscilla A. Thompson (City Clerk): The ordinance passes on second reading, 5/0. 53. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY PROVISIONS RELATED TO OFFSITE PARKING REGULATIONS FOR RESIDENTIAL USES IN "CBD" CENTRAL BUSINESS DISTRICT ZONING CLASSIFICATION. Chairman Regalado: PZ -9 is a second reading. The applicant is the City Manager. Commissioner Gonzalez: Move PZ -9. Chairman Regalado: Ok. Vice Chairman Winton: Second. 176 October 29, 2002 Chairman Regalado: We have a motion and a second. It is a public hearing. Anybody from the public is invited to address the board on PZ -9. Being none, we close the public hearing. Commissioner Sanchez: It's an ordinance. Chairman Regalado: It's an ordinance, second reading. Read the ordinance. Roll call. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY PROVISIONS RELATED TO OFFSITE PARKING REGULATIONS FOR RESIDENTIAL USES IN THE "CBD" CENTRAL BUSINESS DISTRICT ZONING CLASSIFICATION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of September 26, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Gonzalez, seconded by Vice Chairman Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12289. The ordinance was read by title into the public record by the City Attorney Priscilla A. Thompson (City Clerk): The Ordinance passes on second reading, 5/0. 177 October 29, 2002 54. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, CITY'S ZONING ORDINANCE, BY AMENDING SECTION 917.3.2 "GENERAL AND SUPPLEMENTARY REGULATIONS" IN ORDER TO MODIFY EFFECTIVE DATE OF SUCH PROVISIONS RELATED TO SURFACE PARKING WITHIN CBD CENTRAL BUSINESS DISTRICT, SD - 5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICTS, SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, SD -20 EDGEWATER OVERLAY DISTRICT, AND COMMUNITY REDEVELOPMENT AREAS (CRA AREAS) OF SOUTHEAST OVERTOWN PARK/WEST AND OMNI, TO JANUARY 31, 2003. Chairman Regalado: PZ -10 is a second reading ordinance. Vice Chairman Winton: So move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. This is a public hearing. Anybody from the public who wishes to address the board on PZ -10. We close the public hearing. Read the ordinance. An Ordinance Entitled -- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, "GENERAL AND SUPPLEMENTARY REGULATIONS" SECTION 917.3.2 TO MODIFY THE EFFECTIVE DATE OF SUCH PROVISIONS RELATED TO SURFACE PARKING WITHIN THE CBD CENTRAL BUSINESS DISTRICT, SD -5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICTS, SD -7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, SD -20 EDGEWATER OVERLAY DISTRICT, AND THE COMMUNITY REDEVELOPMENT AREAS (CRA AREAS) OF SOUTHEAST OVERTOWN PARK WEST AND OMNI, TO JANUARY 31, 2003; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 178 October 29, 2002 was passed on its first reading, by title, at the meeting of October 10, 2002, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chairman Winton, seconded by Commissioner Gonzalez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12290. The ordinance was read by title into the public record by the City Attorney Priscilla A. Thompson (City Clerk): The ordinance passes on second reading, 5/0. Note for the Record: The City Commission closes consideration of items from the Planning and Zoning portion of the agenda to consider items from the regular portion of the agenda. 55. ESTABLISH POLICY THAT ANTONIO MACEO PARK SHALL NOT BE USED FOR ANYTHING OTHER THAN PARK PURPOSES; DIRECT MANAGER TO IMMEDIATELY INITIATE AND ASSURE COMPLIANCE OF SAID POLICY. Chairman Regalado: We're done with PZ items, so we still have some items on the regular agenda; some appointments. Commissioner Teele: Mr. Chairman? Chairman Regalado: Yes, sir? Commissioner Teele: I know that we had an item regarding the Antonio Maceo Park and I did want to be here. There's a need, I think, for the City of Miami to be more fully represented at the situation that we're dealing with the landing of the Haitians, and so I would like your permission to leave, but I don't want to leave until my colleague has made his statement because I do want to show respect. Chairman Regalado: Right. Commissioner Teele: For the very famous general. 179 October 29, 2002 Commissioner Gonzalez: Thank you, Commissioner Teele, Mr. Chairman. Chairman Regalado: Just for the record, the item was withdrawn as requested by the Mayor and the situation that Commissioner Teele is referring to is we had a landing of more than 200 Haitians in the Virginia Beach, Virginia Key Crandon Park area, which is an area of the City of Miami and the City of Miami police has been on the scene all afternoon, and the CRB is also there, the Community Relations Board of the City of Miami, and Commissioner Teele wishes to go and represent the City and we really want you to do that, but Commissioner Gonzalez requested some time to address this issue, although it's no longer on the agenda. Commissioner Gonzalez. Commissioner Gonzalez: Thank you, Mr. Chairman. Good afternoon ladies and gentlemen. Mr. Vice Chairman, Mr. Mayor, fellow Commissioners, as you have said Mr. Chairman, this item was pulled out of the agenda around 10 A.M. this morning. We had been working on this issue with the community in the Flagami area for months and months and we have been visiting different condominium associations and condominium buildings and as of last night, at 8 P.M. last night, I didn't have any advice from the City Manager or the City Attorney of the item being pulled. As soon as I heard from you this morning that this item was going to be pulled, I tried to notify most of the residents in the area, but unfortunately, I could not reach all of them. I wanted to make some statements this afternoon and I'm glad that some of the residents of the area are here, and if you allow me, and I know some of them don't speak English, so I would like to address them in Spanish also, if you allow me, sir. Chairman Regalado: Yes. Go ahead and I would do, since we don't have the translator, and we need to put this in the record, I'll translate your words. Commissioner Gonzalez: Ok. Chairman Regalado: Oh, we do have the translator. Oh, ok. Ok, she's here. Commissioner Gonzalez: We'll do it in English and Spanish. Chairman Regalado: No, no, no, no, no. Go ahead. You can do it and she will, or do you want to do it in English and Spanish? Commissioner Gonzalez: I'll do it in Spanish. Commissioner Sanchez: She's got to justify her assistance. Ondina Suarez (Spanish Interpreter): However you want to do it. Commissioner Gonzalez (As translated by Spanish interpreter, Ms. Suarez): Ok. Good afternoon ladies and gentlemen. Thank you very much for being here today. We were informed at approximately today at 10 A.M. in the morning that the Chairman of the Commission was in fact removing the item for discussion with regards to the Maceo Park. This was due to a letter that was received from Mr. Milton who was removing in fact his offer of $500,000 in exchange for some land of the park that was 80 feet wide by 300 in length. This has been a topic that was 180 October 29, 2002 priorily [sic] been discussed here and argued here at the Commission approximately on three different occasions and in the last discussion my colleagues have requested that there be a public hearing where the opposition to the project, as well as those in favor of the project could in fact express their opinions. I am the Commission to that area knew the feeling and the wishes of my community, of my residents and of my voters. I also know the history involved in the park of Maceo, one which has historical implications. This was a park that was, in fact, funded by a group of Cubans, among them Juan Amador Rodriguez, Andres Bargas Gomez, and Mr. Valentin Gomez. As I have already said before the prior meetings here of the Commission while I was on campaign the residents of Flagami, especially 7th Street, have requested that I please back them up in preserving this park, so to me it was nothing new what my residents and the residents of the area of Flagami voters was in fact wanted. Different allegations have been made with regards to this park, and, in fact, to our community. Unfortunate allegations that have been made public on the radio where comments have been made that this park, in fact, is not in use and in fact is abandoned, where they're saying the people are using this park for illegal uses, and in the last four or five months we found ourselves in the event of having to visit the park on a daily basis and the weekends as well and we are putting in the official record and presenting approximately 100 pictures that will show that this park is being used by Afro-Americans, by Hispanics and also by Anglos. All of the different components of our neighborhoods do visit that park if not during the week, on a weekend basis. I am also introducing into the record today approximately 2,000 signatures which have been collected throughout the period of the last four months of residents and also contributants [sic] from the Flagami area who are requesting that they respect their park. I believe as a policy, it is a very bad policy that we start playing with the destiny of our parks. I believe the parks do not belong to us, the Commissioners. The parks do not belong to the government of the City, not to the City Manager does it belong also. The park belongs (APPLAUSE) Commissioner Gonzalez (As translated by Spanish interpreter, Ms. Suarez): Gracias, gracias. There have been many different types of allegations made inclusive. As a matter of fact, false testimony has been raised against my colleagues here in the Miami Commission. None of the Commissioners seated here today has sold out to any interest as has been said, nor any Commissioners seated here today at any time has offered to give part of your park to Mr. Jose Milton. What some Commissioners here at this Commission did request was to have a public meeting that which we are having here now with your presence here. I would like to be able to take this speech, this issue, to a conclusion here today. But before that I would like to say thank you to Commissioner Sosa to the Representative Marta Rubio, to the Representative Julio Robaina, who were for months accompanying me to be able to save this park Maceo. I also need to recognize here publicly the backing of a very special person who is here today and who has been 100 percent behind me in helping you with this park, Mr. Manny Diaz, our Mayor. At the same time, at a Commission meeting, when I did promise that the park Maceo would be repaired, we were said to our face that the City of Miami, our City Manager and the staff could not live up to that word and that our administration did not keep their word. Today here I do want to congratulate Alberto Ruder, Park Director, his employees, the entire administration of the City of Miami, who has cooperated in making it possible that the change and the improvements at the park of Maceo be happening at this very moment and there will be finalized as we promised 181 October 29, 2002 before December 31" of this year. I don't want to prolong this very much longer. Our Commissioner Mr. Arthur Teele has been very gentle and very nice in this by staying here with us and I don't believe it is relevant to continue to talk about different things that have been negative that have happened in the last few months, Mr. Teele. We should look towards the future as our Mayor has said of Miami of a better Miami. I do want to take this opportunity to bring a new resolution -- to have their support and their backing on this. The resolution reads as follows: A resolution of the City of Miami Commission establishing the policy that Antonio Maceo Park shall not be used for other than park purposes; further directing the City Manager to immediately initiate and ensure compliance of said policy. So move. Commissioner Sanchez: Second. Chairman Regalado: We have a motion and a second. Would you want to modify that to all parks in the City of Miami? Commissioner Gonzalez (As translated by Spanish interpreter, Ms. Suarez): So move, as amended, to include all parks in the City of Miami. (APPLAUSE) Chairman Regalado: Ok. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Wait, wait, wait, wait, wait. Chairman Regalado: Oh, sorry. Vice Chairman Winton: I don't know, you know, we may step into the law of unintended consequences here and we need to be very careful what we're doing here. You and I this whole Commission has stood strongly behind parks. Commissioner Gonzalez: Right. Vice Chairman Winton: We pass a resolution like that and there may be a lot of things that serve a public purpose that are good for our parks, good activity for our parks Commissioner Gonzalez: For public purposes. Vice Chairman Winton: That we yeah, but I don't know what I'm telling you. Here's my recommendation. My recommendation is that we table this resolution tonight, you work with our City Attorney between now and the next meeting to come up with language that doesn't create that law of unintended consequences that could end up tying our hands for uses that the public really want to put in these parks. So Commissioner Teele: Let me see if there's another 182 October 29, 2002 Commissioner Gonzalez: Right. I believe that the resolution establishes that the policy that Antonio Maceo Park shall not be used for other than park purposes. Commissioner Teele: I think Commissioner Gonzalez: That includes every purpose that Commissioner Teele: Commissioner Winton, Commissioner Regalado, with all due respect. The resolution relating to Antonio Commissioner Sanchez: Maceo Commissioner Teele: Maceo Park as stated, I can live with. Vice Chairman Winton: Ok. That's a good point. Commissioner Teele: I cannot live with that resolution and I'll tell you what Vice Chairman Winton: That's a great point. Commissioner Teele: It is something that opens the door, if a police activity is being used, such as a stable, you know, if a Grand Prix is being run, if a tennis court, like the Lipton, under that I mean, you have a whole series of things that raises the question of unintended consequences. But if my colleague, Commissioner Gonzalez, wants to restrict this to Antonio Maceo Park for the time being and by the way, Antonio Maceo was the greatest General (APPLAUSE) Commissioner Teele: and as someone who has fought for America, I really respect the great General, because he did so much to liberate not only Cuba but to be a role model of how Cubans will fight for their independence, and I think we should give a salute to Antonio Maceo today. (APPLAUSE) Commissioner Teele: But on the motion, if you could narrow it to that park Chairman Regalado: That was his intent. The thing is that there are people watching this and people who say why not our park. Commissioner Teele: You know, and I'm Vice Chairman Winton: Well now we know the answer. 183 October 29, 2002 Commissioner Teele: But I'm going to tell you. We have conflicting policies here. One of the resolutions that we passed some years ago is to try to have public-private partnerships in some parks. I mean, we've got a great baseball clinic, for example, that's held on one park. Commissioner Sanchez: Not just one park, throughout the City. Chairman Regalado: Throughout the City. Commissioner Teele: Throughout the City, and so what I'm saying to We need to be very careful if we want to do this for this park then let's do that for this park. Vice Chairman Winton: Agreed. Commissioner Teele: Send a strong message. Vice Chairman Winton: I would support that. Commissioner Teele: But let's don't do this for all the parks. Commissioner Gonzalez: I agree with you, commissioner Teele, and I move the resolution as amended. My intention is only to bring some closure to the issue of this park, so we don't come back three months from now with another proposal and another public meeting and, you know, so, we establish here today that Antonio Maceo Park is going to be a park for the people of the City of Miami and it's going to have the amenities that the residents of the City of Miami decide to enjoy at that park. Alejandro Vilarello (City Attorney): Mr. Chairman? Commissioner Gonzalez: So I ask that Vice Chairman Winton: Second his motion. Mr. Vilarello: I have a question. That is the resolution as presented. Commissioner Sanchez: Yes. Chairman Regalado: As presented. Not Commissioner Gonzalez: As presented. Commissioner Sanchez: Let's focus on Chairman Regalado: Ok. It's fine. I mean, to the people watching, with other parks in the area, you know, this doesn't mean that we're going to use other parks for other things. We just the Commission wants to add prudent on all these matters. So we have a resolution and a motion and a second. All in favor, say "aye." 184 October 29, 2002 The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION 02-1186 A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE POLICY THAT ANTONIO MACEO PARK SHALL NOT BE USED FOR OTHER THAN PARK PURPOSES; FURTHER DIRECTING THE CITY MANAGER TO IMMEDIATELY INITIATE AND ASSURE COMPLIANCE OF SAID POLICY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Winton, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Chairman Regalado: Thank you very much. Commissioner Gonzalez: Mr. Chairman, on closing, I'd like to recognize the daughter and the family of Juan Amador, who are present here today and I also want to thank all of the residents of Flagami, for their support, for their work and for their commitment, and as I told you, if you get united, you will win your cause, and you have. Here is your victory. God bless you all. (APPLAUSE) Commissioner Sanchez: Mr. Chairman. Chairman Regalado: Thank you. Yes, sir? Commissioner Sanchez: Mr. Chairman, if I may, let me just, first of all commend Commissioner Gonzalez for his efforts, and above all, for his professionalism, because he basically flat out said what he had to say. He went out and he did what he had to do. I think he represented you very well as your Commissioner, but he came here at this Commission meeting and basically brought out an issue that affected a lot of us, and that's with all the false testimonies that were out there. 185 October 29, 2002 Let me just say that everyone's entitled to their due process, and I think that anyone who comes in front of this Commission, and today was a perfect example. One of the discussions that was blown out of proportions, was probably the sale or the lease of this theater, which, if someone would have come up and said hey, you know, I want to discuss it, or I want to buy the property, or, you know, they have the right to come in front of this Commission to a public hearing, which today would have been the public hearing. We would have had both sides speak either for or against, that's the beauty of democracy; but once again, the false testimonies that were out there, and I know that I had calls. People calling in and saying well, Commissioner Joe Sanchez just sold the park for $100,000 or Commissioner Regalado sold the park for $100,000, and you know, those are the things you want to give a deaf ear and not focus on; but at the end of the day it's Commissioner Regalado's professionalism Gonzalez professionalism to come out here and say and bring that to light, to focus on what was all that was going on out there. The park, as you hear today, will stay as a park, so once again, I just want to take this opportunity to commend Commissioner Gonzalez for his effort. Three months of going out there and putting together a strategy to save that park, so I would like to give him a round of applause, for his efforts. (APPLAUSE) Vice Chairman Winton: Mr. Chairman? Chairman Regalado: Yes sir. Vice Chairman Winton: We have a 6 o'clock time certain? Chairman Regalado: No. This was a 6 o'clock, but yes, we do have your 6 o'clock time certain, but we're running on Cuban time now. So, it will probably be at Vice Chairman Winton: Listen, I've been here long enough. I'm used to that. Chairman Regalado: Ok. No, but Vice Chairman Winton: I think I'm on Cuban time. Chairman Regalado: Thank you very much for coming. We're on to another issue and Commissioner Teele has to leave. (APPLAUSE) Chairman Regalado: Commissioner Teele, just for the record, Commissioner Teele is exiting this dais at 6:20. He has to go and represent the City. We have a situation with the Haitian community and some Haitians, so Commissioner, if you want to leave. 186 October 29, 2002 56. ALLOCATE FUNDS FROM SPECIAL EVENTS FUND TOWARD POLICE, FIRE AND SOLID WASTE CLEANUP FOR HAITIAN CENTER FOR STUDIES PRESENTATION OF RASIN AT BAYFRONT PARK, $12,000. Commissioner Teele: I do, but this One Miami project is very important to the economic stability of our City. Chairman Regalado: Ok. Do you want to stay and watch? Vice Chairman Winton: A truncated version. Commissioner Teele: Commissioner Winton feels that it's important that there be five Commissioners here. Chairman Regalado: Ok, so we're ready for this presentation, One Miami project. Commissioner Teele: Is Christina Abrams here? Ondina Suarez (Spanish interpreter): May we inform that they may leave this. It's already done. They're not used to the procedure. Chairman Regalado: Sorry? Vice Chairman Winton: Yes. Ms. Suarez: (Comment in Spanish) Commissioner Sanchez: (Comments in Spanish) Commissioner Teele: Is Christina Abrams here? Christina Abrams: I'm here, sir. Commissioner Teele: Christina, you all had a previous request from Doctor Pierre regarding Resin, which is this weekend? Ms. Abrams: Correct, sir. Commissioner Teele: And I think given what's happening right now there's going to be a lot of media focus on that. What's the staff recommendation? Ms. Abrams: The recommendation is to allocate funds from the Special Event towards the police, fire and solid waste cleanup of the Haitian Center for Studies Presentation of Rasin at Bayfront Park. 187 October 29, 2002 Commissioner Teele: In what amount? Ms. Abrams: Not to exceed $12,000. Commissioner Teele: I would so move, Mr. Chairman. Chairman Regalado: Ok. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION 02-1187 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE RASIN FESTIVAL TO BE HELD ON NOVEMBER 2, 2002, SPONSORED BY THE CENTER FOR HAITIAN STUDIES, INC.; AUTHORIZING THE TRANSFER AND ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $12,000, FROM ACCOUNT NO. 001000921054.6.289, ENTITLED "SPECIAL EVENTS FESTIVAL ACCOUNT" TO THE BUDGET OF THE BAYFRONT PARK MANAGEMENT TRUST FOR SERVICES TO BE PROVIDED BY THE DEPARTMENTS OF POLICE, FIRE -RESCUE, AND SOLID WASTE, CONDITIONING SAID AUTHORIZATION UPON THE SPONSOR: (1) OBTAINING ALL PERMITS REQUIRED BY LAW; (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE FESTIVAL; (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Angel Gonzalez Chairman Regalado: Thank you. 188 October 29, 2002 Commissioner Teele: And Christina, I think you know there's probably going to be a lot of media focus, you know, what's happening now apparently is spitting into CNN and all of that, and we probably should work with the Mayor's office to coordinate maybe a statement or something, you know, on behalf of the immigrants that arrived. If you would work with them, let's try to coordinate something. Ms. Abrams: Sure. Thank you, sir. 57. DIRECT MANAGER TO COORDINATE WITH MAYOR DIAZ AND COMMISSIONER TEELE REGARDING VISIT FROM PRIME MINISTER OF BAHAMAS AND FORMAL DEDICATION OF CARRIE MEEK PARK BUILDING AT DATE AND TIME IN DECEMBER CONVENIENT FOR CONGRESSWOMAN MEEK. Commissioner Teele: Is the Manager still here? Mr. Manager, previously we approved I think up to $15,000 regarding the Prime Minister of the Bahamas. We expect some communications from the office this evening or tomorrow morning and I just wanted to make sure that we coordinate with the Mayor's office and my office on that -- Carlos Gimenez (City Manager): Yes, sir. Commissioner Teele: -- this Saturday; and the final thing is, we have not done the formal dedication for the Carrie Meek Park, and I would like to move that your office working with the Parks and the Mayor's office, the Congress, and my office, establish a date and time in December that is convenient for the Congresswoman and to establish that before she formally goes out of office. Mr. Gimenez: Yes, sir. Commissioner Teele: I would so move. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION 02-1188 A MOTION DIRECTING THE CITY MANAGER TO COORDINATE WITH MAYOR DIAZ AND COMMISSIONER TEELE REGARDING THE FOLLOWING EVENTS: 1. A VISIT FROM THE PRIME MINISTER OF THE BAHAMAS; 2. A FORMAL DEDICATION OF THE CARRIE MEEK PARK BUILDING AT A DATE AND TIME IN DECEMBER THAT IS CONVENIENT FOR CONGRESSWOMAN MEEK. 189 October 29, 2002 Upon being seconded by Vice Chairman Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Commissioner Angel Gonzalez Note for the Record: Commissioner Teele left the Commission Chambers at 6:25 P.M. 58. SUPPORT, IN PRINCIPLE, "ONE MIAMI CITY ARTWALK ALONG THE MIAMI RIVER" PROJECT; DIRECT MANAGER TO REVIEW OPTIONS TO FUND SAID PROJECT AND COME BACK WITH RECOMMENDATION FOR COMMISSION CONSIDERATION. Vice Chairman Winton: Are you all Commissioner Sanchez: Are we ready? Vice Chairman Winton: ready? You're on. Commissioner Sanchez: Let the show begin. Vice Chairman Winton: Need your name and address for the record please. Cindy Meyer: Cindy Meyer Webb, at 3151 Freeman Street, in Coconut Grove. I work for the Related Group of Florida and we're here today presenting the conceptual design of the Riverwalk on the 1 Miami parcel in a response to a request by Commissioner Teele at the July 25th City Commission meeting. Understanding this property's significance, being a gateway to the City of Miami, and as a catalytic development to the urban rebirth of downtown Miami, this property requires an amenity of utmost distinction. The City's recognized if we don't work to create this experience we would have all missed an ideal opportunity to provide a world-class gateway of cultural and artistic distinction for the City of Miami. By utilizing this parcel's public Riverwalk and significant beacon lighting the City Commission challenged us to create a public-private partnership to develop a phenomenal public destination point. Utilizing the appropriate combination of the City's gateway and Greenway funds in conjunction with the developer's private funds to implement this concept, the City Commission has not let this opportunity escape the benefit of its residents and the visitors. In taking the City's lead, and direction, we have worked together with the City staff in creating the conceptual design we're presenting to you here today. Go ahead. Oops. There we go. Vice Chairman Winton: You're allowed to come up on that stage if you need to. 190 October 29, 2002 Ms. Meyer: Well it's just on this one part he needs to Commissioner Sanchez: I'll tell you what. Get the mike. It's a portable mike. Ms. Meyer: Is it? Commissioner Sanchez: Yeah. And move around. Ms. Meyer: Thank you. Vice Chairman Winton: Cindy, I wasn't suggesting that you come on the stage. Ms. Meyer: Oh I know. He was Vice Chairman Winton: The guy that's trying to play at the computer. Ms. Meyer: Here. All right. We're going to move to the next slide. There we go. Nope. There we go. Oh I thought it changed. This is a first of its kind opportunity for the City of Miami through the public-private partnership in collaboration with a team of premier internationally acclaimed architects, designers and consultants to create a world-class destination gateway to the City. Other cities have had great successes in creating public destination points of their City Riverwalks. Cities such as San Antonio, Chattanooga and Battery Park City in New York. This slide shows an area, along the San Antonio Riverwalk The San Antonio Riverwalk has been very successful and attracts hundreds of thousands of visitors each year. We believe our site is a beginning of an equal or even greater success for Miami and its citizens. This aerial gives us a view of the pass of the Miami River through the City of Miami. Again showing this site's Let me see if I can move up showing this site's prominence as a gateway to the City of Miami. If you'll I'm sure you know this site, but see how I can work this thing Oh, it works Right here is the One Miami parcel and it's very evident, obviously by this aerial, how important that piece of property is to the City of Miami and what it could be. These places are definite places that represent very successful points of destination for the City of Miami for its residents and visitors. It's our intention to include this distinctive Riverwalk experience to this list. This is a gateway aerial. The slide shows us even a closer view of the Miami River. Also giving us an opportunity to locate the let me see here yup the Miami Airlines Arena, Gusman Excuse me, the Gusman's in here I'm sorry. You know what? They have the wrong name on here. But the Freedom Tower is right here as well. The Bayfront Park and again, there's our site. This is something I'm sure you guys are familiar with. This is the front cover of the Greenway Action Plan for the Miami River Commission. This is the extent of the plans, if you can see, and you can. The blue highlight portion is where the Greenway Action Plan stops, which you can see is right at the beginning of this site. To stop this framework of the Greenway Action Plan short of the birthplace of the City, would be a definite missed opportunity. Here we list a team of world-class professionals, collaborating under leadership and vision of George Perez. This team provides international perspective and experience in delivering a project of this type and magnitude. Here we have the site plan elevation. This slide shows much more detail of the architectural vision for the Riverwalk Let me introduce you to Leo Alvarez. He's a principal with the Edon Landscape Architectural firm. Locally Edon has collaborated with the University 191 October 29, 2002 of Miami and their summer student program at the Miami Life Center, doing the planning for that, as well as the annual program that they do with the University of Miami. They've designed the Centennial Olympic Park in Atlanta, and they also did the design for the Chattanooga Riverwalk, among other notable places of distinction. Leo? Leonardo Alvarez: Thank you. The Riverwalk at One Miami is designed to respond to this special gateway location that's pretty evident to everybody that this site has. It's also designed to celebrate the qualities that make Miami unique. I hope you agree as we move on that that's the case. There's a number of opportunities that this site presents. It's the place where the Biscayne Bay meets the Miami River. It's the only downtown site that does that. It's also the site where Biscayne Boulevard, our greatest street, meets the site of Miami's origins. The themes that we have chosen here for the landscape design are the natural elements that characterize Miami. The light quality, the subtropical colors and textures, and the water. The art that you will hear a little bit more about later will express the multiple cultures that come together to create One Miami. This will be a unique portion of the Miami Riverwalk What we're envisioning here is an art walk through a subtropical waterfront promenade, and I think, as we're all aware, activities are a key part of the success of any urban area. In addition to creating a magnet through the artwork and the quality of the spaces on the waterfront, this site will be flanked by restaurants at either end, which will create activity during the day, as well as at night. The design expression that we've chosen here is inspired by Roberto Burley Marks' design for Biscayne Boulevard, and what we're doing there, like he did on the boulevard, and like what was there before Burley Marks came, the signature tree would be the Royal Palm, and that will be complimented by a rich mix of under -story plants, such as Key Spider Lily, Geiger Trees and so on, to create a rich and varied experience. We're also creating a spatial diversity that you'll see in some slides in a moment that moves through three separate plazas and then formal, as well as informal plantings. Art will be integrated throughout the Riverwalk Seven artists will be commissioned to design art pieces for this Riverwalk, and again, you'll hear about that in just a moment. Our task is to design the places that will act as both backdrop and canvas for these works, and thus creating a kind of public outdoor gallery, unlike any that I think we have in our City. Public access and the view are key to this site, and I think if you've all driven through here you probably know that this is a very special moment on Biscayne Boulevard. It's the only place that we get an axial frontal view of Biscayne Bay, and so we're very aware of that and we want to retain that openness and the view and that begins with what we're calling the River Plaza, which would be the first space and the first site of one of the works of art. That site will be flanked by a mist fountain that you'll also see in a wonderful image soon that will not only welcome the visitor, but will also maintain an open view. Moving east from there, you'll go through a formal planting of Royal Palms that will lead you and direct you to what turns out to be an undulating backdrop and canvas for four pieces of art. These pieces of art will be framed by plantings, but will also have museum quality seating that you'll be able to enjoy these pieces, as well as look at the Bay from both sides. As you move forward you'll encounter the water wall plaza, which will be a very magical kind of moment, because it will be the only place where you have water on both sides, and not only having the water, but the sound of rushing water, which will evoke the sense of the once existent Miami River rapids, that occurred in the upper river. As you move forward, although not quite that fast, you come to a grove planting, which will provide a more shaded area, and again, a different kind of experience and will be the setting for the sixth piece of art. As you can see ahead, when you look forward, we're retaining that axial openness 192 October 29, 2002 and view to the bay, which is one of the things that makes this site very special. As you propel around the corner on this site you'll come to one of those anchors that we talked about, that is a cafe, with cascading plants, tables and chairs, activity at a very special place on the river and the bay where you can enjoy the boats, the view, and so on. Because we're very aware that this is also very important, nighttime space and the activities critical, this turns into what we're calling a Plaza of Light during the nighttime. Ms. Meyer: In regard to the Plaza of Light, that Leo just mentioned, during many City staff meetings and actually at the July 25th City Commission meeting, we had numerous discussions about the fact that this site should show out as a beacon of light at the mouth of the river. Emphasizing the prominence of this site is a gateway to the City of Miami we took those comments and that reality very seriously in bringing the highest level of experts to create a grand beacon for this City. I'd like to now introduce you to Herve Descottes of the (UNINTELLIGIBLE) International Design Firm, whose projects have included, locally they did the American Airlines Arena. Internationally the Louvre in Paris. Also the Contemporary Art Museum in Helsinki, again, among many other distinctive projects. He'll describe to you the lighting and entry water feature envisioned for this project. Herve Descottes: Thank you. First, in order to capture the spirit of this project was to take it at the scale of the City itself and we took the opportunity of the building and use it as a background for our night view, and, first as you see, the top of the building we are going to create a unified actually those two buildings in one, with a constellation. The idea was to have on the South Tower the South hemispheric constellation and the North Tower the North atmospheric constellation and create one with two. The idea was from the sailors who would look their way at night, look at the sky and find a way, and we thought that for creating this gateway to the Miami River that was a nice approach to the City, and then we would bring the light down a little bit by emphasizing the painted stripe on the building with wall grazing and then we would fill a very strong activity at the Riverwalk itself where we first, at the entrance of the Riverwalk, we would create this fountain this video fountain where we would have this video projector projecting those images this moving image on the mist, so people would interact in a better way with the art, which would be expressed along the Riverwalk Also, the idea was to create these very interesting events along the Riverwalk with this shelf and the glowing elements along the river, which would create a very warm atmosphere. Also, we would frame all the cafes and the activity around that walk with a very warm and orange lighting, like a sunset. Actually we want to really create this nice atmosphere for the nightlife along this promenade. Thank you. Ms. Meyer: There you go. The artist that we will be using -- well, I guess I'm jumping ahead here -- the artist that we've discussed this project with, are artists that are very familiar with the City of Miami and also very familiar with this site and what it means to the City of Miami, those that we have talked to are: First is Jose Bettia. He is, as you know, he's a Cuban artist based here in Miami, and currently commissioned to create several works of art for the Miami Performing Arts Center. These group of artists that we have put together really represent collectively a strong part of, what we would consider the tapestry of the cultures of the City of Miami. The next artist that we have is Maria Fernandez Cordoza. She's a Colombian artist, having already been exhibited in the Miami Art Museum and coincidentally is in Miami this evening to install one of her pieces permanently at the MAM (Miami Art Museum). Then we 193 October 29, 2002 have Eduard Devalle Carrier. This piece happens to be one that George Perez has at one of our developments. He is a renowned artist and he's known again for doing beautiful pieces of significance like this one, and he is also an outstanding addition to the team. The next is Liliana Porter. She's an Argentinean artist and these pieces, shown here, are actually tile mosaics and are installed in one of New York City subway terminals. They happen to depict the Alice in Wonderland fairytale, but what it really shows is that children can also enjoy important works of art and that this river art walk will attract and entertain people of all ages. Glexis Nova is a Cuban born artist, living here in Miami. He's created many beautiful and important landscape images of art. Here he is using marble as his palette and would be a natural to create one of the art pieces on the Riverwalk using natural elements that the Riverwalk provides. New World School of the Arts This is a really exciting opportunity. This is something we've discussed with the New World School, whereby, the first location of art exhibition, right at the very beginning of the Riverwalk at Biscayne Boulevard is a beautiful location that's very prominent to the City, not just on the Riverwalk, or the river view, but also off of Biscayne Boulevard. What we have proposed is that on an annual basis the school would have a competition. The winner of that competition would have an opportunity to display his piece or her piece of art at the beginning of the Riverwalk They would then, every year, at the Art Basel in December would auction the piece off at an event. That money would then go to the school and partially to the student, as well, and then a new piece would be installed by the winner of the next year's competition for a year and this would continue on an annual basis. It would be a wonderful opportunity for them and it would bring people continually downtown, again to the City, and again to this Riverwalk location and to the bay walk and to that experience -- the reel -- Now here comes the fun part. We pretty much concluded the conceptual portion of our presentation and we also have all the principals of all of the design team and the developer here to answer any questions that you have, but, I'm going to go through the request for funding and the approximate costs of this. The total cost, as you've seen at the presentation, is estimated around $4.7 million. It includes the lush landscaping, the artistic lighting, the unique water features, the museum public seating, creating this world-class outdoor art gallery. To the extent the Riverwalk experience to its logical ending at Bayfront Park an additional $750,000 would be required. What that means is, the site that you've seen that we would have control over is only the One Miami parcel and stops at the Intercontinental Hotel. There's a portion between that site and the bay walk that really is just a perfect extension of this Riverwalk and, you know, a natural for what should happen. We would propose, and highly recommend that we be allowed to continue with this Riverwalk experience down to Bayfront Park. The investment will definitely improve the quality of life for all of Miami residents by creating and energizing a world-class destination at the City's gateway. We're requesting the City to fund I can't see the bottom slide we're requesting the City to fund this amount through its gateway and Greenway funding mechanisms, along with we're also contributing private funds as well. Where we're at today is really we've done everything we can on a conceptual basis and now we're at a point where we really need the City's direction to really tell us an amount that you're willing to allocate to this project, because we have, as you can see, gone to an enormous extreme already and Mr. Perez has spent quite a bit of money with consultants in creating this concept for your review. We now need you guys to tell us what you're prepared to commit for this plan. That's the only thing that's keeping us from moving forward. Also, as part of depending on where we go today as part of the construction and creation of this Riverwalk, Mr. Perez would like to create a vignette of this space. Basically what he's saying is, you know, we're probably two - 194 October 29, 2002 and -a -half years away from this thing becoming to fruition and we would like you to commit to us and allocate to us a given portion that we can continue to work with City staff and create development plans to come back to you with, but during that process, he is prepared to fund and potentially commission a couple of art pieces and create a vignette so that the citizens and visitors to Miami can get a small portion view of what it's going to look like when it's constructed, so during that period of time they'll be able to appreciate on a small scale what will ultimately be an amazing world-class event on a large scale. I turn this back over to you. Commissioner Sanchez: I have a question. On the $750,000 would come out of the Gateways? Ms. Meyer: In order to extend Commissioner Sanchez: Right. Ms. Meyer: the portion the $750,000 would come out of Commissioner Sanchez: In other words, the City would Ms. Meyer: The City would provide that. Commissioner Sanchez: Right. Ms. Meyer: The City would we're also looking to the City for the $4.7 million for the other part of the public amenities, which is the Gateway Riverwalk that we've described, as well as that beacon lighting. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes, sir. Commissioner Sanchez: This, you know, if we truly want to be a cosmopolitan City, and we do have the resources to be that, this location is in one of the key locations in our community. The mouth of the Miami River. The project itself will have to be a signature project for other developers to come onboard to that area and follow the same project, or basically the same high standard of projects. We know that we're counting on the downtown Miami to fruition in the near future, as it has in Boston, New York and other major cities throughout the United States. We have a golden opportunity here from the once you cross over that bridge, and I had the great experience of attending the Grand Prix Las Americas, and as a matter of fact, the Intercontinental was using that property as parking, and at one time I parked there and I had to pickup my media pass and I parked over across the bridge, and I walked over just to see the entrance coming into downtown and to take the Riverwalk, that basically later turned to the bay walk to take you all the way down and we would hope to extend it much, much further down than just the Bayfront Park, but the potential there to do something that would attract millions of people to come there is just exciting. The funding mechanism, of course, would have to be worked out, but the project itself that's presented here to us is of such high quality and such a 195 October 29, 2002 great project that basically we're looking for the developers to come to that area and develop, to develop in the same standards. Chairman Regalado: Ok. On the funding, we, of course, don't have to do anything regarding the funding now. I guess the purpose of Vice Chairman Winton was to bring this to explain to the members of the Commission the vision that Mr. Perez has and the possibilities that this has. I don't know, Johnny, if you want to have some kind of a motion for support of the concept or whatever or what are your ideas on this? Vice Chairman Winton: I think that's the appropriate step, because, you know, frankly we wouldn't because this was really supposed to be on my blue sheets and didn't get on my blue sheets, so it would be inappropriate for us to talk about this specific or make any motion relative to the specific dollars just yet, even if we if we knew exactly where they would come from, which we don't, so Commissioner Sanchez: Johnny, we could agree that this is the vision that we would Vice Chairman Winton: That's correct. Commissioner Sanchez: —like to see in downtown. Without a doubt. Vice Chairman Winton: And if you all remember, Commissioner Teele is the one that brought this up at the last meeting. He said, you know, this is absolutely the principal gateway into the City from a lot of different directions and encouraged the developer to go back and spend real time and real money on developing a concept that they would bring back to us and that's what this is. Now the developer is trying to move on a fast track basis, which is beneficial to all of us, because if this project the success of this project, and don't forget that the real estate tax revenue that will come from this project goes into the General Fund and it goes everywhere we need it to go, which is the real advantage, and so, further the success of this project, a strong successful first significant project built in downtown in almost 20 years and the very first market residential project unsubsidized by government or anybody else, you know, this is a big, big deal to our City and sets the stage for a tremendous new future, so this isn't just something to kind of think about. This is a big deal for our City long-term, and so, while I'm not sure where all the funding can come from, I think what I would like to do is get the support of the Commission to support this project in concept and direct the City Manager to spend time with his staff to figure out the alternatives that may be available to fund this project, and if that makes sense to you all, I'll move that as a motion. Commissioner Gonzalez: Second. Ms. Meyer: Mr. Commissioner? Mr. Chairman? Commissioner Gonzalez: Move. Chairman Regalado: Hello? 196 October 29, 2002 Ms. Meyer: Me. I really and I am sure that Mr. Perez absolutely appreciates your support and frankly, it's the residents of the City of Miami that's ultimately going to benefit from this wonderful development of the Riverwalk What I think we really need from you, although the approval, if not technically, of the concept is major. The level of funding and the request of the $4.7 million, we really kind of need to know if you are directing your City Manager to find that level of funding within this concept and that we can go forward in creating further development drawings and move there or whether you like it? You think it's a good idea, which is a wonderful thing but Chairman Regalado: No, his motion Ms. Meyere: you're not prepared to fund it. Chairman Regalado: His motion is not directing the City Manager to find the money. His motion is directing the City Manager to think where's the money and then the City Commission will decide. Commissioner Sanchez: But in all fairness, I think that what they're looking for is that there's a commitment from us. Vice Chairman Winton: That's exactly right. Ms. Meyer: Absolutely. Commissioner Sanchez: That we're going to work in good faith. Wait, listen. We might not come up with the $4.7 million, but we could come up with X amount of money. I think that's what they want. They want a commitment from this Commission that we're going to work with them to make this project a reality. It's that simple. Ms. Meyer: Absolutely and if Commissioner Sanchez: I mean, correct me if I'm wrong, Cindy. Ms. Meyer: No, you're absolutely right, and if it's not $4.7, if it's $4,000,000, if it's somewhere in the close area, we're still developing the concept we're all looking at today. But if it's $40,000 it's not even a drop in the bucket, and so I think that's what I'm trying to say is that we really kind of need that commitment from you guys. If not, you know, an exact dollar amount, but that we're close, the concept is right on and you're going to look to find that level of funding or somewhere in that close proximity. Help me here. Vice Chairman Winton: And I think my motion is that we need to do everything in our power to find the money that we need to find to make this concept a reality. Again I don't know, you know, whether it's $4.7, but it isn't two, so -- and so my motion is to direct the City Manager to look at the options for creating this concept and there's more than one option here. There's a whole there's more than the options that they've discussed here. There's a number of options 197 October 29, 2002 that are very real that could get us to this level of support and that's the motion that I'm really putting on the table. Commissioner Gonzalez: Second the motion. Chairman Regalado: And what Commissioner Sanchez: There's a second, Mr. Chairman. Chairman Regalado: Yes. What you have seen here is that, you know, all the City Commission, because I'm sure that Commissioner Teele would agree, believes that this the right thing for that area and we may have to sacrifice other parts of the City for the good of all the City, but we can't decide right now the amount; but just by approving the concept I think that Mr. Perez and his company should understand that the Mayor who is here, all the members of the Commission, really wants this to happen and we just need to find out how we can do it and to what level we can do it. Certainly it's not going to be $40,000, because that will not help. Anyway Carlos Gimenez (City Manager): Mr. Chair? Chairman Regalado: Yes sir. Mr. Gimenez: So I can get, you know, working on this. What I plan to do is meet with the Related Group and then identify all possible sources of funding. Commissioner Sanchez: Including incentives. Mr. Gimenez: Ok. Incentives, etcetera, and then bring this back to the Commission this is the available funding, all sources, available balances, and then you all can make a decision as to the amount that you want to take from each particular pot of money that may be available to get this done. Is that what I'm hearing? Chairman Regalado: I think Vice Chairman Winton: Yes. Chairman Regalado: Carlos, I think that it would be best, I think, that when you have this information, you meet individually with members of the Commission and then we won't have a debate here, which is not necessary, about where do we take that money from and, you know, you will get a consensus on the members of the Commission and then we have Because such a beautiful thing should not be shadowed by any bickering or debate and then we all work very good here, but at the end of the day, you know, if we're going to take $10,000 from there or $100,000 from there, so I think it would be nice if we know before we do this. Mr. Gimenez: Yes, sir. We'll follow your direction. Chairman Regalado: Sir? 198 October 29, 2002 George Perez: Could I Vice Chairman Winton: George. Mr. Perez: Commissioners, could I just address for one second. From Thank you. Chairman Regalado: Your name? George Perez: My name is Jorge Perez, I'm the Chairman of the Related Companies. I just want to take you back and the City has been, you know, both the Commission, the Mayor and the staff have actually been tremendous in this whole long, long process. You know, somebody said that I should have my head examined sometimes when you're talking about investing $300,000,000 in downtown in a place that never in the history of downtown has there been a condominium residence built. Forget about a luxury condominium residence built and the only way, you know, when I went to the original explanation of this and I talked to many of you individually and so forth was that if we're going to go with and start, we either start with a bang or we don't get to the finish line in my opinion. November 6th we're going to have the beginning of a party that hopefully will be a very long, long party and lead to the start of construction of this job. We have made the commitment, you know, we closed on the land, we have over $20,000,000 already invested in this and we're proceeding very rapidly to invest more and more and more with, you know, Yabu Pushelberg one of the best design firms in the world to do our interiors. With Arquitectonica to do our exteriors with lighting and now consultants that have worked for the Louvre in Paris and some of the best places in the world and what we looked at when we said what does Miami need, and Miami needs the same thing that Bilbao needed when they built the Guigenheim Museum and if it wouldn't have been the Guigenheim Museum that it was, Bilbao wouldn't have changed the way it is, and we need the same thing that San Antonio did when they built their Riverwalk and if San Antonio wouldn't have spent the money that they spent on their Riverwalk, San Antonio wouldn't be today what San Antonio is, so we still have the problem of when you still go right now, even though the police department does a fabulous job every time you go there. You go in the afternoon, particularly if you go in the morning when our construction people start, you will see that we have to take the bums with the beers, you know, and the homeless and all these things that are now in the bay walk. But this is much more than a bay walk. This is the entrance to the City of Miami. Every time you see the Orange Bowl, when the Super Bowl is played over here, when Miami is photographed, you will see that nine out of ten times it is the mouth of the river, coming from the water showing downtown and that's what you're going to see. This is the entryway to downtown Miami. This is what's going to make this, for me personally, my job successful, but it's also one that's going to make the rebirth of Miami successful, so when we planned, we had to plan not just for a continuous Riverwalk that one could extend miles this way or miles that way. This is the center of it all, you know? This is, you know, I'm taking trips to New York. I'm taking trips to Paris. We're talking to the main restaurateurs, you know, to bring a level that Miami, not just downtown, that Miami's never experienced, so we're talking to Cipriani's, Harry's Bar, you know, to bring Italian You know we're talking to those type of people that come down and say, well, but look; so I said, no, you can't look. You can't look now, you know? You have to look at what we're doing. You have to look at what we're investing and our part, we'll spend the $300,000,000 from the City part in the 199 October 29, 2002 public areas, which is this very, very, very important entryway. We need to partner up with the City to create something that is absolutely spectacular, and I think we've done it, you know? We're talking to the major artists that live in Miami today, that represent, of course, the Cuban American community, the Anglo community, the Black community, and it's going to be a sort of artistic history of Miami through all its ethnicity in this bay walk in which people are going to have lights and music and eating and an experience that is going to say this is why I'm living in downtown Miami. This is why I picked downtown Miami over South Beach, or over Brickell or over other areas or over Coral Gables, you know? We have to have a reason why. We have to have a reason why companies, not just people in residential, but why companies and retail establishments and new office buildings are going to come to downtown, and that's what we're trying to create. We're not asking for something for this job. Of course it's going to benefit this job, I have to sell nine we're doing a million net square feet 2,000,000 square feet of construction, you know? We are moving our offices from Coral the City of Coral Way, we're moving our offices to downtown. That's our office building next to the two towers, you know? We are making a full commitment to downtown Miami and we need your help as an equal partner, and I understand, the resolution is perfectly fine with me. I will be starting from tomorrow sitting down and figuring out where the monies can come from, because I really believe that we have to go all the way. You know, this can't be it's an ok walk, you know, where people are going to jog. This has got to have the impact to really make it, you know, to make it special. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Thank you. I'm supposed to be meeting with some general managers of some of the hotels and I was thinking even before this presentation of asking them to create like a team, like a group that will push one issue that will be downtown, the marketing of downtown and the rebirth of downtown. After watching this presentation and hearing what you have to say, I think that we have two jobs to do. Number one, to find the money necessary, if not that amount the amount necessary to pull that vision and number two, that the City will facilitate the creation of a working group that will push for this project and especially this project, because that would benefit, that would change the face of downtown Miami and I think that if we create this momentum, if we generate the enthusiasm from these people, the downtowners, and we create like a volcano of interest and generate press and media articles of what the downtown is going to be see, this is not just a project, or just an idea. This is the conception of new downtown and, you know, it takes nine months to give life to a baby and we should, when we decide, we should have even a clock, a time clock in downtown Miami, so many weeks to the rebirth of downtown, 200 weeks, 199 and that will bring a sense of belonging to the people in downtown Miami and to all the City. I guess all the residents will want to have a downtown that they can come back to. A downtown that they can enjoy and I really hope that your enthusiasm will go left and right in downtown Miami, who I think and that is something that I will tell these gentlemen when I meet with them, so I think that this should not be just one project. This should be One Miami. I think that this should be Miami and I hope that we take this seriously. Commissioner Sanchez: Mr. Chairman? Chairman Regalado: Yes, sir. 200 October 29, 2002 Commissioner Sanchez: Mr. Perez, I don't think there's anything wrong with your head. You may be a little hard headed but other than that, you're a believer and really this may be your dream and the thing here to say is, and you know, I don't see, we don't see too many developers that are running over that bridge to put their money where their mouth is and you are and, you know, the City may have to partner up with you and help you in ways to create your project, but just to say, this is a $300,000,000 project that's going to generate annually close to about $3,000,000, right Johnny? Vice Chairman Winton: The City Manager said Commissioner Sanchez: About Vice Chairman Winton: Ad valorem taxes, City of Miami loan, about $3,000,000. Commissioner Sanchez: $3,000,000 a year. Vice Chairman Winton: And that's on his cost. Who knows what happens when you start reselling the condos and those values go up and then there's occupational licenses and there's parking surcharge and there's fire fee and there's, you know, every other thing Chairman Regalado: Fire fee. Vice Chairman Winton: you can think of. Commissioner Sanchez: But here's the thing. Show us somebody who's coming in front of this Commission Vice Chairman Winton: So, there's a lot more than that. Commissioner Sanchez: Show us somebody who's coming in front of this Commission with a vision, with a dream, with a commitment, 100 percent commitment, to turn downtown in what it really should be and you're the only one that's done that, so I admire you for that and I respect you for that. Vice Chairman Winton: Well, he's going to admire us and respect us for helping deliver this great project. We have a motion and a second. Chairman Regalado: Show me the money. Vice Chairman Winton: Right. Commissioner Gonzalez: Let's go. Chairman Regalado: All in favor, say "aye." 201 October 29, 2002 The Commission (Collectively): Aye. Chairman Regalado: It passes. The following motion was introduced by Vice Chairman Winton, who moved its adoption: MOTION 02-1189 A MOTION SUPPORTING, IN PRINCIPLE, THE "ONE MIAMI CITY ARTWALK ALONG THE MIAMI RIVER" PROJECT PRESENTED BY THE RELATED GROUP OF FLORIDA; FURTHER DIRECTING THE CITY MANAGER TO REVIEW OPTIONS TO FUND SAID PROJECT AND COME BACK WITH A RECOMMENDATION FOR COMMISSION CONSIDERATION. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Commissioner Joe Sanchez Commissioner Angel Gonzalez Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Chairman Tomas Regalado Mr. Perez: Thank you very much. Commissioner Sanchez: And no disrespect whatsoever. I have the utmost respect for you, Mr. Perez. Mr. Perez: Thank you very, very much. 59. EXTEND LETTER OF INTENT FOR NEW YEAR'S EVE MEGA CONCERT TO NOVEMBER 19, 2002 CITY COMMISSION MEETING. Chairman Regalado: Ok. I think that the Mayor has suggested that on the Mega Concert we extend the letter of intent until you meet with them. Is that ok with you Mayor? Ok. We need a motion to extend the letter of intent of the Mega Concert. Commissioner Gonzalez: Move the motion. Chairman Regalado: We have a motion. Do we have a second? Commissioner Sanchez: Second. 202 October 29, 2002 Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Gonzalez, who moved its adoption: RESOLUTION NO. 02-1190 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN EXTENSION OF THE EXPIRATION DATE, OF THE LETTER OF INTENT FOR THE NEW YEAR'S EVE MEGA CONCERT TO THE NOVEMBER 19, 2002 CITY COMMISSION MEETING. (Here follows body of resolution, omitted here and on file in the office of the City Clerk) Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Chairman Regalado: Ok. Then we'll report the next Commission meeting. That's the only time we can do it, unless you tell us that it's ok that we discuss among us. So no, it's not ok. So, ok we'll November 19tH 60. DIRECT MANAGER TO PROVIDE WRITTEN REPORT EXPLAINING WHY SOUTH FLORIDA WORKFORCE BOARD HAS CANCELLED SABER INC. (SEE #28) Chairman Regalado: We need to finish we promised Johnny Winton that he'd be leaving here 7:30. Commissioner Gonzalez: Mr. Chairman, do we have anything on the agenda? Can I Chairman Regalado: Yeah, we have several things. We have the Workforce Vice Chairman Winton: Commissioner, we did all that, so you ought to look at the chart right up there in front of you to see what's left on the agenda. Chairman Regalado: Ok. 203 October 29, 2002 Vice Chairman Winton: We did all (UNINTELLIGIBLE) though. Chairman Regalado: Ok. Commissioner Sanchez: Yeah. I have a pocket item. Chairman Regalado: There is something Vice Chairman Winton: And I've got some pocket items. Chairman Regalado: There is something I need to do on the Workforce. I don't know. Johnny you will be are you the one in the Workforce? In charge of the Workforce or that would be Dena or the Mayor? Vice Chairman Winton: Well, I think that formally me, unfortunately. Chairman Regalado: Because Vice Chairman Winton: With great regret. Chairman Regalado: Well, with great regret they've given us bad information. They told us that SABER (Spanish American Basic Education Rehabilitation), Inc. will be kept in Hialeah, but it turns out that it's only for six months and I would really, Mr. Manager, ask that you find out why they're canceling SABER at all as a workforce. Commissioner Sanchez: Pocket items? Chairman Regalado: Yes we're going to do the pocket items. Would it be possible to get a report in writing for us? What they are doing is they're canning SABER, Inc., which is in Flagami in District 4 that they only have six months when they move on to Hialeah, and that is not what we originally were told, so we need an explanation from Carlos Gimenez (City Manager): From the Workforce Development? Chairman Regalado: From the Workforce Development. Mr. Gimenez: Yes, sir. Chairman Regalado: Thank you. 204 October 29, 2002 61. INSTRUCT MANAGER TO MEET WITH CODEC DEVELOPMENT TO RESOLVE EXISTING PROBLEMS WITH CLOSING OF HOUSING UNITS FOR LOW AND MODERATE INCOME FAMILIES AND ABILITY OF RESIDENTS TO BUY CONDOMINIUM UNITS AT MELROSE PHASE III. Chairman Regalado: Pocket items. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Is anybody here from Community Development? Chairman Regalado: Wait a minute. Wait a minute. Before we do this, we had a CRA (Community Redevelopment Agency) schedule one item for 7 P.M. Commissioner Teele is not here but where's the Vice Chairman of the CRA Commissioner Winton? Ok. Commissioner Sanchez: We'll get to it. Let's just get done with the pocket items, Mr. Chairman. Chairman Regalado: Ok. Just because just don't leave. Just don't leave. We'll just wait a few minutes and we'll deal with that because Commissioner Teele was very concerned that this will not be done, but as you know, he had to leave because of the situation with the Haitian migrants, so pocket items, beginning with Commissioner Gonzalez: Mr. Manager, we have a project in Allapattah which is the Melrose Townhomes that consists of 47, I believe, it's 47 townhouses. This project has gone through some difficulties in completion. They are also, people are ready, families are ready to move in, but we still have some financial problems with the project. Some last minute needs in order to be able to start doing the closings. As a matter of fact, I believe they've already closed three units last week. I have a motion here Mr. Chairman instructing the City Manager to resolve with Codec Development problems that are interfering with the closing of the units and the ability of low or moderate -income residents to buy their condominium units on Melrose Phase III. These units are going to be bringing I believe close to $47,000 a year in property taxes plus fire fee and other revenues to the City or recurring revenues and the project is finished. It's a matter of resolving the issues that they have pending, so they can complete their closing and start to move in families into the project. So move. Chairman Regalado: Ok. We have a motion. Do we have a second? Commissioner Sanchez: Second. Chairman Regalado: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 205 October 29, 2002 The following motion was introduced by Commissioner Gonzalez, who moved its adoption: MOTION NO. 02-1191 A MOTION INSTRUCTING THE CITY MANAGER TO MEET WITH CODEC DEVELOPMENT IN AN EFFORT TO RESOLVE EXISTING PROBLEMS WITH THE CLOSING OF HOUSING UNITS FOR LOW AND MODERATE INCOME FAMILIES AND THE ABILITY OF RESIDENTS TO BUY CONDOMINIUM UNITS AT MELROSE PHASE III. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Vice Chairman Johnny L. Winton Commissioner Arthur E. Teele, Jr. 62. DIRECT MANAGER TO COORDINATE EFFORTS OF MIAMI SPORTS AND EXHIBITION AUTHORITY, BAYFRONT PARK MANAGEMENT TRUST, AND DEPARTMENT OF OFF-STREET PARKING TO IDENTIFY $10,000 IN DISCRETIONARY FUNDING, TO SUPPORT 2ND ANNUAL HOLIDAY PARTY AND TOY DRIVE AT COCONUT GROVE EXHIBITION CENTER ON DECEMBER 10, 2002, SPONSORED BY OFFICE OF MAYOR. Chairman Regalado: Commissioner Sanchez? Commissioner Sanchez: Mr. Chairman I have two pocket items that are mine, and one that the Mayor has asked me to present for him. It's a resolution of the City of Miami Commission directing the City Manager to coordinate the efforts of the Miami Sports and Exhibition Authority, the Bayfront Management Trust and the Department of Off -Street Parking to identify $10,000 in discretionary fund to support the 2nd Annual Holiday Party and Toy Drive at the Coconut Grove Exhibition Center on December 10, 2002, sponsored by the office of the Mayor. So move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. 206 October 29, 2002 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION 02-1192 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COORDINATE THE EFFORTS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY, THE BAYFRONT PARK MANAGEMENT TRUST, AND THE DEPARTMENT OF OFF-STREET PARKING TO IDENTIFY $10,000 IN DISCRETIONARY FUNDING, TO SUPPORT THE 2ND ANNUAL HOLIDAY PARTY AND TOY DRIVE AT THE COCONUT GROVE EXHIBITION CENTER ON DECEMBER 10, 2002, SPONSORED BY THE OFFICE OF THE MAYOR. (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 63. RELATED TO HOLIDAY CELEBRATION TO BE HELD ON DECEMBER 18, 2002 SPONSORED BY LITTLE HAVANA ACTIVITY CENTER, AUTHORIZE TRANSFER AND ALLOCATION OF $4,000 FROM SPECIAL EVENT FESTIVAL ACCOUNT TO BUDGET OF COCONUT GROVE EXPO CENTER FOR PROVISION OF RENTAL EQUIPMENT AND PERSONNEL, CONDITIONING SAID AUTHORIZATION UPON THE SPONSOR. Commissioner Sanchez: I have another pocket item. It's a resolution of the City of Miami Commission related to the holiday celebration to be held December 18th, 2002 sponsored by the Little Havana Activity Center authorizing the transfer and allocation of funds in the amount not to exceed $4,000 from the account number 001000921054.6.289 entitled Special Event Festival Account to the budget of the Coconut Grove Expo Center for the provision of rental equipment and personnel, conditioning said authorization upon the sponsor: 1) Obtaining all permits required by law; 2) paying for all other necessary costs of the city services and applicable fees associated with the festival; 3) obtaining insurance to protect the city in the amount as prescribed by the City Manager; and 4) complying with all conditions and limitations as may be prescribed by the City Manager and I believe that the City Manager or staff is in support of this. So move. Commissioner Gonzalez: Second. 207 October 29, 2002 Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 02-1193 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO A HOLIDAY CELEBRATION TO BE HELD ON DECEMBER 18, 2002, SPONSORED BY THE LITTLE HAVANA ACTIVITIES & NUTRITION CENTERS OF DADE COUNTY, INC.; AUTHORIZING THE TRANSFER AND ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $4,000, FROM ACCOUNT NUMBER 001000921054.6.289 ENTITLED "SPECIAL EVENT FESTIVAL ACCOUNT," TO THE BUDGET OF COCONUT GROVE EXPO CENTER FOR THE PROVISION OF RENT, EQUIPMENT AND PERSONNEL, CONDITIONING SAID AUTHORIZATION UPON THE SPONSOR: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH THE CELEBRATION, (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER. (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 208 October 29, 2002 64. CLOSE STREET IN FRONT OF MIAMI SENIOR HIGH SCHOOL, 2450 S.W. 1 STREET, FROM 6 A.M. TO 3 P.M. DURING SCHOOL DAYS FOR SAFETY OF STUDENTS; GRANT WAIVER OF PERMIT FEE FOR TEMPORARY STREET CLOSURE. Commissioner Sanchez: The last issue is basically it's a safety issue and it pertains to students' safety. It's the traffic access must be limited in the front of Miami Senior High School. This has been a request that has been asked by the principal, Principal Victor Lopez. The Miami High's located at 2450 SW 1st Street and they're asking that the traffic be closed from 6 A.M. to 3 P.M. during school days. This practice has been in effect for many years because it is in the best interest of Miami -Dade County Public Schools and the community and therefore they're requesting a waiver of the permit fee for the temporary street closure. Mr. City Manager? Carlos Gimenez (City Manager): Yes, sir. Commissioner Sanchez: Are you in support of this? Mr. Gimenez: Yes, sir. Commissioner Sanchez: Ok. So move. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Regalado: It passes. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION 02-1194 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CLOSING OF THE STREET IN FRONT OF MIAMI SENIOR HIGH SCHOOL, LOCATED AT 2450 S.W. 1 STREET, MIAMI, FLORIDA, FROM 6 A.M. TO 3 P.M. DURING SCHOOL DAYS FOR THE SAFETY OF STUDENTS; AND, FURTHER, GRANTING A WAIVER OF THE PERMIT FEE FOR THE TEMPORARY STREET CLOSURE. 209 October 29, 2002 (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 65. GRANT DOWNTOWNMIAMI.COM PERMISSION TO PLACE BANNERS IN LIGHT POLES LOCATED IN CITY THOROUGHFARES. Chairman Regalado: Commissioner Winton. Vice Chairman Winton: I have two things and then I want to bring back the CRA (Community Redevelopment Agency) issue. I've got a pocket item on banners for Downtownmiami.com, so moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following motion was introduced by Commissioner Winton, who moved its adoption: MOTION NO. 02-1195 A MOTION GRANTING DOWNTOWNMIAMI.COM PERMISSION TO PLACE BANNERS IN LIGHT POLES LOCATED IN CITY OF MIAMI THOROUGHFARES. 210 October 29, 2002 Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 66. APPOINT MAX STRANG AS REGULAR MEMBER OF PLANNING ADVISORY BOARD. Vice Chairman Winton: And what is this? Item to move for the ratification of the appointment of Max Strang to the Planning Advisory Board. I thought we already did that. No? Ok. So moved. Commissioner Gonzalez: Second. Chairman Regalado: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Vice Chairman Winton, who moved its adoption: RESOLUTION NO. 02-1196 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A REGULAR MEMBER OF THE PLANNING ADVISORY BOARD. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 211 October 29, 2002 67. APPOINT ZENIA CORRAL AS ALTERNATE MEMBER OF CODE ENFORCEMENT BOARD. Chairman Regalado: Ok. Before you bring the CRA (Community Redevelopment Agency), could you chair so I can do my pocket item? Vice Chairman Winton: Yes, I will. Yes, sir. Chairman Regalado: Ok. Appointments that I missed before the lunch break. Code Enforcement Board, Zenia Corral. Vice Chairman Winton: What was the name? Commissioner Gonzalez: Second. Vice Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. Next. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION 02-1197 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS AN ALTERNATE MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. (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 Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 212 October 29, 2002 68. APPOINT PABLO PEREZ-CISNEROS AND MIRTHA GUERRA AGUIRRE AS MEMBERS OF CITY'S FLORIDA ECONOMIC DEVELOPMENT FINANCING AUTHORITY. (See #27) Chairman Regalado: Somebody's giving me a pocket item. Let me see. From the police, ok. Vice Chairman Winton: A grant. Commissioner Gonzalez: Do I accept the grant or to (UNINTELLIGIBLE)? Chairman Regalado: Economic Development Financing Authority, Mirtha Guerra Aguirre. Commissioner Gonzalez: Second. Vice Chairman Winton: Got a motion and a second. Discussion? Being none, all in favor, aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. Chairman Regalado: Thank you. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION 02-1198 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI, FLORIDA ECONOMIC DEVELOPMENT FINANCING AUTHORITY FOR TERMS AS DESIGNATED HEREIN. Upon being seconded by Commissioner Gonzalez, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 213 October 29, 2002 69. CO-SPONSOR "ADOPT -A -CLASSROOM" CHARITY AUCTION TO BENEFIT INNER- CITY SCHOOLS BY PROVIDING IN-KIND SERVICES AS DETERMINED BY MANAGER. Chairman Regalado: The other pocket item is on November 23rd the not-for-profit organization "Adopt -A -Classroom" will host a charity auction. Adopt -A -Classroom is an organization that provides assistance to many inner city schools within the City of Miami. This event will allow to continue the work in our communities, so I propose a motion that the City of Miami co-sponsor this event by providing in-kind services as determined by the City Manager in their discussions with Adopt -A -Classroom. That will be my motion. Commissioner Gonzalez: Second. Vice Chairman Winton: We have a motion and a second. Discussion? Being none, all in favor, LL " aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like signed opposed. Motion carries. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 02-1199 A MOTION TO COSPONSOR "ADOPT -A -CLASSROOM" CHARITY AUCTION TO BENEFIT INNER-CITY SCHOOLS BY PROVIDING IN-KIND SERVICES AS DETERMINED BY THE CITY MANAGER. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 214 October 29, 2002 70. EMERGENCY ORDINANCE: AMEND ORDINANCE NO. 11869, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL REVENUE FUND ENTITLED: "STOP ACTIVE VANDALISM EVERYWHERE (SAVE) GRANT"; PROVIDING FOR ADDITIONAL APPROPRIATION FOR FY 2002/2003, $126,658.00, CONSISTING OF GRANT FROM MIAMI-DADE COUNTY, $94,993.00, AND ALLOCATE REQUIRED MATCH FROM CITY, $31,665.00 FROM LAW ENFORCEMENT TRUST FUND. Chairman Regalado: Ok. Police pocket item here. It's an emergency ordinance accepting a grant for "Stop Active Vandalism Everywhere (SAVE) Grant". Ok. Commissioner Gonzalez: Second. Vice Chairman Winton: Got a motion and a second. Chairman Regalado: Read the ordinance. Vice Chairman Winton: Why don't you make that ordinance a little longer? Call the roll, please. An Ordinance Entitled -- AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11869, ADOPTED DECEMBER 14, 1999, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED: "STOP ACTIVE VANDALISM EVERYWHERE (SAVE) GRANT"; PROVIDING FOR AN ADDITIONAL APPROPRIATION FOR FY 2002/2003, IN THE AMOUNT OF $126,658.00, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY IN THE AMOUNT OF $94,993.00, AND ALLOCATING A REQUIRED MATCH FROM THE CITY OF MIAMI IN THE AMOUNT OF $31,665.00; AUTHORIZING THE CITY MANAGER, TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE GRANT AND EXPEND MONIES FROM THIS FUND FOR THE NECESSARY EXPENSES TO CONTINUE THE OPERATION OF THE PROGRAM; ALLOCATING THE REQUIRED MATCHING FUNDS IN THE AMOUNT OF $31,661.00, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBER 690001, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES (2000); CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. 215 October 29, 2002 was introduced by Chairman Regalado, and seconded by Commissioner Gonzalez, for adoption as an emergency measure, and dispending with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Whereupon the Commission on motion of Chairman Regalado, and seconded by Commissioner Gonzalez, adopted said ordinance by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 12291. The ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): The ordinance is approved emergency reading, 4/0. 71. APPROVE ACQUISITION OF ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION SERVICES, $90,000, FROM EVANS ENVIRONMENTAL & GEOSCIENCES, UNDER EXISTING STATE OF FLORIDA SNAPS 11 CONTRACT NO. 9731896-3, FOR BICENTENNIAL PARK PROJECT; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT, ENTITLED `BICENTENNIAL PARK". Vice Chairman Winton: Mr. City Manager, don't you have an item? Carlos Gimenez (City Manager): Yes, sir. I have a resolution of the Miami City Commission approving the acquisition of environmental site assessment and remediation services, in an amount not to exceed 90,000 from Evans Environmental & Geosciences, under existing State of Florida contract -- Snaps II contract number 9731896-3, effective through May 1, 2003, and subject to any extensions, for the Bicentennial Park project; allocating funds from the capital improvement project number 331418, entitled "Bicentennial Park"; authorizing the City 216 October 29, 2002 Manager to execute the necessary documents, in a form acceptable to the City Attorney, for said purpose. Vice Chairman Winton: Need a motion. Commissioner Gonzalez: So moved. Vice Chairman Winton: Need a second. Chairman Regalado: Second. Vice Chairman Winton: OK, got a motion and a second. Discussion. Being none, all in favor, aye. The Commission (Collectively): Aye. Vice Chairman Winton: Like sign opposed. Motion carries. The following resolution was introduced by Commissioner Gonzalez, who moved for its adoption: RESOLUTION NO. 02-1200 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ACQUISITION OF ENVIRONMENTAL SITE ASSESSMENT AND REMEDIATION SERVICES, IN AN AMOUNT NOT TO EXCEED $90,000, FROM EVANS ENVIRONMENTAL & GEOSCIENCES, UNDER EXISTING STATE OF FLORIDA SNAPS II CONTRACT NO. 9731896-3, EFFECTIVE THROUGH MAY 1, 2003, AND SUBJECT TO ANY EXTENSIONS, FOR THE BICENTENNIAL PARK PROJECT; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 331418, ENTITLED `BICENTENNIAL PARK"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 217 October 29, 2002 Upon being seconded by Chairman Regalado, the resolution was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Winton: Mr. Chairman. Chairman Regalado: Yes, sir. Vice Chairman Winton: The CRA (Community Redevelopment Agency) item -- Chairman Regalado: The people are here. Vice Chairman Winton: -- that we -- are they here? Chairman Regalado: Yes, they are. Vice Chairman Winton: OK. Could -- who's -- am I vice chair of CRA? Chairman Regalado: Yes, you are the vice chair of CRA, so if you want me to chair -- Vice Chairman Winton: So how do we reconvene the CRA Board meeting? Chairman Regalado: If we finish this -- do anybody else has anything else on the City Commission side? Chairman Sanchez: Move to adjourn the City Commission -- Chairman Regalado: OK, we have a motion to adjourn the City -- Commissioner Gonzalez: Second. Chairman Regalado: --Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. 218 October 29, 2002 The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 02-578 A MOTION TO ADJOURN TODAY'S COMMISSION MEETING. Upon being seconded by Commissioner Gonzalez, the motion was passed and adopted by the following vote: AYES: Chairman Tomas Regalado Vice Chairman Johnny L. Winton Commissioner Angel Gonzalez Commissioner Joe Sanchez NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Note for the Record: The City Commission meeting adjourned at 7:24 p.m. Immediately thereafter, the Community Redevelopment Agency reconvened. 72. AUTHORIZING THE EXECUTIVE DIRECTOR TO PROVIDE IN-KIND ASSISTANCE AND FUNDING, UPON THE AVAILABILITY OF FUNDS, IN AN AMOUNT UP TO $51,400, SUBJECT TO THE AVAILABILITY OF FUNDS, TO EVENT COORDINATOR GEORGE SANCHEZ FOR THE "NEUTRAL GROUND" PROJECT SCHEDULED TO TAKE PLACE ON DECEMBER 5, 2002 (See #39). Board Member Regalado: Now, we are going into the continuance of the CRA (Community Redevelopment Agency) that we started at 2pm this afternoon. Vice Chairman Winton is chairing. Vice Chairman Winton: Could I ask, Commissioner Regalado, if you would mind chairing this discussion? Board Member Regalado: Absolutely. Yes, sir. Vice Chairman Winton: I have spent time thinking about this issue, and I think I articulated my position earlier this evening, but I would like to rearticulate the point. If you remember, in one of my discussion points, I was about to say, "Well, you know, get the property owners to come to the table with more money, because they're the ones that are going to benefit." But as I was about to say that, it dawned on me that, you know, this is a tax increment district. And so, the CRA is capturing all of the incremental income that's being generated by the added value that those property owners are already bringing to the table. So, the fact of the matter is, they're already writing those checks and giving it to us in the CRA. This is not money that's going to the general fund, so the general taxpayers of the City of Miami would not be paying this. It 219 October 29, 2002 would come strictly out of CRA, and it is within the CRA district boundaries. This project, I think, could go a long way towards being one of a series of steps that we could take that could lead to significant redevelopment of the area. And as a consequence -- and because they don't have a lot of additional time -- I'm going to move that the CRA provide the additional fifty-one thousand, and whatever the change is, money that the sponsor has asked for to pull off this event in the appropriate fashion. So moved. Board Member Gonzalez: Second. Board Member Regalado: OK. We have a motion and a second. All in favor, say "aye." The Board Members (Collectively): Aye. Board Member Regalado: It passes. The following resolution was introduced by Vice Chairman Winton, who moved for its adoption: RESOLUTION NO. CRA/OMNI 02-88 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY (CRA) AUTHORIZING THE EXECUTIVE DIRECTOR TO PROVIDE IN-KIND ASSISTANCE AND FUNDING, UPON THE AVAILABILITY OF FUNDS, IN AN AMOUNT UP TO $51,400, SUBJECT TO THE AVAILABILITY OF FUNDS, TO EVENT COORDINATOR GEORGE SANCHEZ FOR THE "NEUTRAL GROUND" PROJECT SCHEDULED TO TAKE PLACE ON DECEMBER 5, 2002. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Gonzalez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Tomas Regalado Board Member Joe Sanchez NAYS: None ABSENT: Chairman Arthur E. Teele, Jr. Board Member Regalado: Thank you. Good luck. Mr. Sanchez: Thank you very much. Board Member Regalado: Don't even say anything. Is it over? That's it. Goodnight. 220 October 29, 2002 Board Member Gonzalez: Goodnight. Unidentified speaker: Motion to adjourn. Move to adjourn. Commissioner, we need to move to adj ourn. Vice Chairman Winton: Move to adjourn the CRA Board meeting. Board Member Sanchez: So moved. Board Member Regalado: Yeah. We have a motion and a second. All in favor, say "aye." The Board Members (Collectively): Aye. The following motion was introduced by Board Member Regalado, who moved for its adoption: MOTION NO. CRA/SEOPW 02-170 A MOTION TO ADJOURN TODAY'S COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD MEETING. Upon being seconded by Board Member Gonzalez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Johnny L. Winton Board Member Angel Gonzalez Board Member Joe Sanchez Board Member Tomas Regalado NAYS: None. ABSENT: Chairman Arthur E. Teele, Jr. 221 October 29, 2002 There being no further business to come before the Community Redevelopment Agency for the Southeast Overtown/Park West and Omni District, the meeting was adjourned at 7:27 p.m. ATTEST: PRISCILLA A. THOMPSON, City Clerk SYLVIA SCHEIDER, Assistant City Clerk ARTHUR E. TEELE, JR. Chairman 222 October 29, 2002