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HomeMy WebLinkAboutCC 2004-04-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, April 8, 2004 9:00 AM REGULAR (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Verbatim Minutes April 8, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES AM - APPROVING MINUTES Pages 3-4 ORDER OF THE DAY Pages 5-6 CA - CONSENT AGENDA Pages 6-16 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS Pages 17-20 D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS Page 20 D5 - DISTRICT 5 ITEMS Pages 20-21 PH - PUBLIC HEARINGS Pages 22-33 EM - EMERGENCY ORDINANCES Pages 34-36 SR - SECOND READING ORDINANCES Pages 37-39 RE - RESOLUTIONS Pages 39-48 BC - BOARDS AND COMMITTEES Pages 49-63 DI - DISCUSSION ITEMS Pages 64-87 ES - EXECUTIVE SESSION Pages 88-90 PART B PZ - PLANNING AND ZONING ITEMS Pages 91-144 SI - SUPPLEMENTAL AGENDA Pages 145-148 NA - NON -AGENDA ITEMS Pages 149-158 City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Winton, Vice Chairman Sanchez, Commissioner Regalado and Chairman Teele On the 8th day ofApril, 2004, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:19 a.m. by Chairman Arthur E. Teele, Jr., recessed at 11:58 a.m., reconvened at 3:14 p.m. and adjourned at 6: 27 p.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 04-00372 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item MAYORAL VETOES Santiago Jorge -Ventura PRESENTED Mayor Diaz Certificate of Appreciation 1. Mayor Diaz presented a Certificate ofAppreciation to architect Santiago Jorge -Ventura, who served the City for 24 years, most recently as the Director of the Building and Zoning Department, with great professionalism, honesty and integrity, helping others in the community. 2. Commissioner Regalado recognized representatives of Brickell Motors, Mario Murgado and Alex Andeus, for allowing members of the Community Relations Board in Jack Blumenfeld, Ada Rojas and Teresa Zorrilla, to use their office space and equipment to help coordinate the freedom march that took place along SW 8th Street on March 27, 2004. Chairman Teele: Good morning, ladies and gentlemen. Presentations made, followed by a moment of silent meditation, an invocation and the pledge of allegiance to the flag. NO MAYORAL VETOES There were no mayoral vetoes. Chairman Teele: There are no vetoes from the Mayor, I'm advised. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Chairman Teele: Are there any other items to come before us? What time did we agree to take up the item? 4 o'clock? Commissioner Regalado: 4 o'clock. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: All right. We have PZ (Planning and Zoning) items to be approved. The minutes of PZ -- Commissioner Regalado: How about CDBG (Community Development Block Grant) ? I thought we had CDBG. Chairman Teele: Done. Commissioner Regalado: Oh. Chairman Teele: We would like a motion to approve the minutes of PZ, April 25, '02. Vice Chairman Sanchez: So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And we would like a motion to approve the minutes of the PZ meeting of February 26, '04. Commissioner Regalado: Move it. Vice Chairman Sanchez: Second. Chairman Teele: Has anybody read them? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed, say "no." Commissioner Regalado: No. Chairman Teele: So we're there. Vice Chairman Sanchez: Yeah, I read them all the time. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton ORDER OF THE DAY Chairman Teele: We have a series of substitutions and withdrawals. Are there any items to be withdrawn from the regular agenda? It's my understanding that the Manager is requesting that PH 4 be withdrawn and D4.2 be withdrawn. Are there any other -- Commissioner Winton: What was the second one, "D" what? City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: D4.2, Discussion Item 4. Commissioner Winton: And would like to pull DL6. That's the 11 a.m. time certain. Chairman Teele: I'm sorry. I said "discussion." I mean, District 4 Item .2. It says here 4.2. D 4.1, the capital improvements item, discussion. Commissioner Regalado: Yeah. I will withdraw that -- Chairman Teele: All right, so those two items are -- Commissioner Regalado: -- Mr. Chairman. Chairman Teele: Are there any other items from the regular agenda to be withdrawn? Commissioner Winton: Yes. Chairman Teele: Commissioner Winton. Commissioner Winton: DI.6, which is 11 a.m. time certain. That was a presentation; required no action. It was just a presentation. Chairman Teele: DI.6, which is an 11 o'clock time certain, it's being withdrawn. Any other items, please? If not, is there a motion to withdraw those items from the -- Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? Discussion. Mr. Manager, at some point, I'd like to meet with you regarding Little Haiti. You made a firm promise that, by November, certain things would happen. November, December, January, February, March, April. It's only six months. That's government standard, I guess, but you came from the private sector, but, you know, we're way behind now on the Little Haiti. We have three items to be pulled. Is there further discussion or objection? If not, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, listen, there are two or three items that are somewhat important, I would assume. One of them is the telecommunications item and one of them is the Human Resources item. We ought to try to get those items up, get the discussion out of the way so we can flow through this agenda, if it's all right? Joe Arriola (City Manager): The Human Resources item, Rosalie Mark had to go to court today for a deposition, and so she request that if you could do time certain of 3 o'clock or so, she'll be back from court. Chairman Teele: Well, we're not going to do a time certain, Mr. Manager, because -- Arriola: Oh, no time -- I mean, after 3 o'clock. Chairman Teele: But, you know, we're trying to get out of here. We've got a big public hearing today on Biscayne Boulevard. That could be 30 minutes or it could be five hours, so we're trying to manage everything through this morning, if we can. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: Thirty minutes. Chairman Teele: OK. No problem on that. What about the telecommunications item? Mr. Arriola: We're ready. Chairman Teele: Has everybody up here been briefed on it? Vice Chairman Sanchez: That's PH.5? Chairman Teele: Very complicated. CONSENT AGENDA CA.1 04-00260 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CHI ALARMS, INC., AWARDED BY INFORMAL SOLICITATION AUTHORIZED BY THE CITY MANAGER ON SEPTEMBER 2, 2002, PURSUANT TO RESOLUTION NO. 03-906, ADOPTED JULY 24, 2003; EXTENDING THE TERM OF THE CONTRACT FOR ONE (1) ADDITIONAL MONTH AND INCREASING THE CONTRACT, IN AN AMOUNT NOT TO EXCEED $10,000, FROM $99,928 TO $109,928, TO COVER COSTS OF ADDITIONAL WORK AND MATERIALS REQUIRED TO COMPLETE THE PROJECT ENTITLED, "CITY OF MIAMI M.M.P.D. FIRE ALARM MODIFICATIONS, B-6433;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 312025, ENTITLED "HEADQUARTER BUILDING RENOVATIONS;" AMENDING RESOLUTION NO. 03-906 TO REFLECT SAID INCREASE. 04-00260 - Cover memo.pdf 04-00260 - Budget Impact Form.pdf 04-00260 - memo from police.pdf 04-00260 - memo from CIP.pdf 04-00260 - detailed revenue and exp.pdf 04-00260 - informal bid.pdf 04-00260 - exhibit 1- 1st amend. to contract.pdf 04-00260 - exhibit 2- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0211 CA.2 04-00261 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF ENVIRONMENTAL PERFORMANCE SYSTEMS, INC., FOR THE PROJECT ENTITLED " City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 CITYWIDE STORMWATER OUTFALLS/BAFFLE BOXES CLEANING PROJECT, B-5714" IN THE PROPOSED AMOUNT NOT TO EXCEED $346 ,867; ALLOCATING FUNDS FROM PUBLIC WORKS ACCOUNT NO. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $346,867, FOR CONTRACT COSTS; ALLOCATING FUNDS FROM PUBLIC WORKS ACCOUNT NO. 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $55,453, FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN AN AMOUNT NOT TO EXCEED $402,320, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE PROJECT FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT. 04-00261 - Cover Memo.pdf 04-00261 - Budgetary Impact Analysis.pdf 04-00261 - exhibit 1-fact sheet.pdf 04-00261 - exhibit 2- tabulation of bids.pdf 04-00261 - exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0212 CA.3 04-00263 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO UNITECH BUILDERS, CORP., PURSUANT TO RESOLUTION NO. 02-902, FURTHER AMENDED BY RESOLUTION NO. 03-680, ADOPTED JUNE 12, 2003, FOR THE CONSTRUCTION OF THE NEW RECREATION BUILDING AT JOSE MARTI PARK, IN AN AMOUNT NOT TO EXCEED $50,000, FROM $1,618, 720 TO $1,668,720, TO COVER THE COSTS OF LANDSCAPING AND A NEW FLOOR FOR THE AEROBIC/DANCE ROOM IN THE BUILDING; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENTS PROJECT NO. 331419; AMENDING RESOLUTION NO. 03-680, ADOPTED JUNE 12, 2003, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 04-00263 - Cover Memo.pdf 04-00263 - Budgetary Impact Analysis.pdf 04-00263 - Breakdown of Funding.pdf 04-00263 - Cost Estimate.pdf 04-00263 - Previous Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0213 City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 CA.4 04-00275 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST"), TO EXECUTE A COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT ("SETTLEMENT AGREEMENT") , IN SUBSTANTIALLY THE ATTACHED FORM, WITH RACEWORKS, LLC ("LICENSEE"), FOR OUTSTANDING FINANCIAL OBLIGATIONS ASSOCIATED WITH GRAND PRIX AMERICAS ("2003 RACE EVENT"), HELD ON SEPTEMBER 26-28, 2003; AUTHORIZING AN AMENDMENT TO THE AGREEMENT DELETING THE TRUST AS A PARTY TO THE REVOCABLE LICENSE AGREEMENT EXECUTED BETWEEN THE CITY OF MIAMI ("CITY "), THE TRUST AND THE LICENSEE ON MAY 22, 2002. 04-00275 - Cover Memo.pdf 04-00275 - exhibit 1- agreement.pdf 04-00275 - exhibit 2- amendment to RLA.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0214 CA.5 04-00276 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), ACCEPTING THE BID OF ONE CROW, INC., FOR THE PROJECT ENTITLED "OVERTOWN STORMWATER PUMP STATION UPGRADES 3RD BIDDING, B-5650D," IN THE PROPOSED AMOUNT NOT TO EXCEED $286, 000; ALLOCATING FUNDS FOR CONTRACT COSTS IN AN AMOUNT NOT TO EXCEED $286,000, PLUS $76,320 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FROM CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 352216, IN AN AMOUNT NOT TO EXCEED $189,119. 75, AND CIP NO. 313855, IN THE AMOUNT NOT TO EXCEED $173,200.25, FOR TOTAL PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $362,320, AS SET FORTH ON THE TABULATION OF BIDS DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS FACT SHEET, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00276 - Cover Memo.pdf 04-00276 - Budgetary Analysis Form.pdf 04-00276 - letter.pdf 04-00276 - exhibit 1-tabulations.pdf 04-00276 - exhibit 2-fact sheet.pdf 04-00276 - exhibit 3-contract.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously to DEFER item CA.5 to the next Commission Meeting, which is currently scheduled for April 22, 2004. City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 CA.6 04-00277 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL SERVICES OF MARLIN ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 03-087, ADOPTED JANUARY 23, 2003, FOR THE PROJECT ENTITLED "NW 14TH STREET PROJECT, B-5686," FOR CHANGES OF THE DESIGN, INCLUSION OF ADDITIONAL PORTION AND THE RELATED CONSTRUCTION ADMINISTRATION SERVICES, IN AN AMOUNT NOT TO EXCEED $199, 730.04, INCREASING COMPENSATION FROM $134,600 TO $334,330.04, BASED ON (1) THE MODIFIED SCOPE OF SERVICES AND SCHEDULE REQUIRED FOR SAID PROJECT, AND (2) TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT WITH MARLIN ENGINEERING EXECUTED PURSUANT TO RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002; ALLOCATING FUNDS FOR SAID INCREASE, IN A TOTAL AMOUNT NOT TO EXCEED $199,730.04, FOR SERVICES AND EXPENSES INCURRED BY THE CITY, FROM CAPITAL IMPROVEMENT PROJECT NO. 341183, ENTITLED "CITYWIDE STREET IMPROVEMENTS FISCAL YEAR 2001-2005;" AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL WORK ORDER, IN SUBSTANTIALLY THE ATTACHED FORM; AMENDING RESOLUTION NO. 03-087 TO REFLECT SAID INCREASE. 04-00277 - Cover Memo.pdf 04-00277 - Budgetary Impact Analysis.pdf 04-00277 - Summary of Fee Proposal.pdf 04-00277 - Construction Engineering & Inspection.pdf 04-00277 - Summary of Fee Proposal (2).pdf 04-00277 - Previous Professional Services Agreement.pdf 04-00277 -exhibit 1- work order.pdf 04-00277 -exhibit 2- scope of serv.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0215 CA.7 04-00278 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF SABRE COMMUNICATIONS CORPORATION, FOR REMOVAL OF AN EXISTING GUYED TOWER, PURCHASE AND DELIVERY OF ONE (1) NEW 125-FOOT SELF-SUPPORTING RADIO TOWER WITH ICE BRIDGE, INCLUDING CONSTRUCTION AND ANTENNA INSTALLATIONS, FOR FIRE STATION 11, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED $98,963, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311052.429401.6.840, B-74202. City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 04-00278 - Cover Memo.pdf 04-00278 - Budgetary Impact Analysis.pdf 04-00278 - Award Sheet.pdf 04-00278 - Bid Security List.pdf 04-00278 - exhibit 1- award recommendation.pdf 04-00278 - exhibit 2- tabulation sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0216 CA.8 04-00279 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF CITYWIDE WIRELESS TELECOMMUNICATIONS SERVICES, EQUIPMENT, SOFTWARE, INSTALLATION AND OTHER RELATED SERVICES TO UPGRADE THE EXISTING WIRELESS CELLULAR DIGITAL PACKET DATA SERVICE ("CDPD") NETWORK CURRENTLY PROVIDED BY AT&T WIRELESS SERVICES, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, UTILIZING MIAMI- DADE COUNTY BID NO. 7525-2/06, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY, FOR AN INITIAL ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS, IN AN AMOUNT NOT TO EXCEED $400,000, ALLOCATING FUNDS FROM INFORMATION TECHNOLOGY ACCOUNT CODE NO. 460101-510, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00279 - Cover Memo.pdf 04-00279 - Budgetary Impact Analysis.pdf 04-00279 - Miami -Dade County Bid.pdf 04-00278 - Information Technology Business Case.pdf 04-00279 - Contract Award Sheet.pdf 04-00279 - Award of Contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0217 CA.9 04-00280 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ESTABLISHMENT OF A PRE - QUALIFIED LIST, FOR CATEGORIES A, B, C, D, AND APPRAISAL - RELATED CONSULTING SERVICES, AS LISTED ON "EXHIBIT A," TO City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PROVIDE GENERAL APPRAISAL AND APPRAISAL -RELATED CONSULTING SERVICES ON A CITYWIDE AS -NEEDED BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE SERVICE AGREEMENTS OR PROFESSIONAL SERVICES AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; FURTHER AUTHORIZING THE ADDITION OF QUALIFIED PROPOSERS TO THE LIST WHEN DEEMED NECESSARY; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF VARIOUS USERS FOR THE CURRENT FISCAL YEAR, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. 04-00280 - Cover Memo.pdf 04-00280 - Budgetary Impact Analysis.pdf 04-00280 - Acceptance of RFQ.pdf 04-00280 - exhibit 1- proposers list.pdf 04-00280 - exhibit 2- psa.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0218 CA.10 04-00281 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE FURNITURE ITEMS ON THE FURNITURE LIST, ATTACHED AND INCORPORATED, UTILIZED BY VARIOUS CITY OF MIAMI DEPARTMENTS, AS "CATEGORY A" SURPLUS STOCK; DONATING SAID ITEMS TO HOLMES ELEMENTARY SCHOOL, IN SUPPORT OF THE MAYOR'S MENTORING INITIATIVE. 04-00281 - Cover Memo.pdf 04-00281 - exhibit- furniture list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0219 CA.11 04-00292 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00292 - Cover Sheet.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, to DEFER item CA.11; further directing the City Manager to provide a copy of the Civil Service Board report. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 CA.12 04-00224 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AMERIGAS, L.P., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $129,809.16 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF AMERIGAS, L.P. VS. CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 01-12279 CA 10, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM INDEX CODE NO. 515001.624401.6340.65119. 04-00224- cover memo.pdf 04-00224- budget approval.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously to DEFER item CA.12 for 30 days. CA.13 04-00321 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO WATER MANAGEMENT TECHNOLOGIES, A SOLE SOURCE CONTRACT, PURSUANT TO RESOLUTION NO. 03-593, FURTHER AMENDED BY RESOLUTION NO. 03-1052, ADOPTED MAY 22, 2003, FOR ADDITIONAL WORK TO BE PERFORMED BY THE SCAVENGER 2000 DEPOLLUTION BOAT, IN AN AMOUNT NOT TO EXCEED $25,000, FROM $368,000 TO $393,000, ALLOCATING FUNDS FOR SAID INCREASE FROM THE PUBLIC WORKS OPERATING BUDGET ACCOUNT NO. 001000.311003.6.340; AMENDING RESOLUTION NO. 03-1052, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 04-00321 - Cover Memo.pdf 04-00321 - Budgetary Impact Analysis.pdf 04-00321 - Account Inquiries.pdf 04-00321 - Previous Legislation.pdf 04-00321 - Previous Legislation (2).pdf 04-00321 - Previous Legislation (3).pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0220 CA.14 04-00322 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 CITY ATTORNEY'S CONTINUED ENGAGEMENT OF THE LAW FIRM OF GUNSTER, YOAKLEY & STEWART, P.A., TO RENDER LEGAL SERVICES CONCERNING THE LEASE AND DEVELOPMENT OF WATSON ISLAND BY FLAGSTONE PROPERTIES, LLC, IN AN AMOUNT NOT TO EXCEED $25,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNT CODE NO. 344102.239501.6.250, FOR SAID SERVICES. 04-00322- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0221 CA.15 04-00323 RESOLUTION 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 CASE OF ALICE YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG VS. CITY OF MIAMI, ET AL. IN THE U. S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99-2994-CIV-JORDAN, IN THE AMOUNT OF $80,700 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. 04-00323- cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0222 CA.16 04-00325 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF ROBERT S. GLAZIER FOR REPRESENTATION OF THE CITY OF MIAMI IN VARIOUS APPELLATE MATTERS IN AN AGGREGATE AMOUNT NOT TO EXCEED $25 ,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM VARIOUS SELF INSURANCE AND INSURANCE TRUST FUND ACCOUNTS. 04-00325-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 R-04-0223 CA.17 04-00328 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., IN AN AMOUNT NOT TO EXCEED $12,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ROBERT M. JASINSKI, ET AL VS. CITY OF MIAMI, CASE NO. 01-28889 CA (09), IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, A CASE RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.661, FOR SAID SERVICES. 04-00328-cover memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0224 CA.18 04-00265 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2004 "AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN AN AMOUNT NOT TO EXCEED $573,894, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE ("USDA") THROUGH THE FLORIDA DEPARTMENT OF EDUCATION ("DOE"); AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM USDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY (" SCHOOL BOARD") FOR THE PROVISION OF LUNCHES AND SNACKS TO THE PARTICIPANTS OF THE CITY OF MIAMI'S 2004 SUMMER FOOD SERVICE PROGRAM, OPERATED BY THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FOR SAID MEALS, FROM THE SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 2004 SPECIAL REVENUE FUND. City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 04-00265- cover memo.pdf 04-00265- budgetary impact analysis.pdf 04-00265- agreement.pdf 04-00265- signature form.pdf 04-00265- application for participation.pdf 04-00265- site information list.pdf 04-00265- letter to the county.pdf 04-00265- press release.pdf 04-00265- SFSP forms.pdf 04-00265- exhibit- agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0225 CA.19 04-00266 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CITY OF MIAMI PROGRAMS FOR PERSONS WITH DISABILITIES MIAMI-DADE COUNTY A.D.A. GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $36,786.62, PROVIDED TO THE CITY OF MIAMI ("CITY") FROM MIAMI-DADE COUNTY ("COUNTY"), OFFICE OF AMERICANS WITH DISABILITIES ACT ("A.D.A .") COORDINATION 2002-2003 GRANT FUND; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; ALLOCATING DOLLAR FOR DOLLAR MATCHING FUNDS FROM THE CITY, AS REQUIRED FOR SAID GRANT FROM THE DEPARTMENT OF PARKS GENERAL FUNDS. 04-00266- cover memo.pdf 04-00266- budgetary impact analysis.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0226 CA.20 04-00257 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE; BUNKERS OF MIAMI, INC., A FLORIDA CORPORATION, BUNKERS MANAGEMENT GROUP, INC., A FLORIDA CORPORATION; AND BUNKERS, INC., A FLORIDA CORPORATION (HEREINAFTER "BUNKERS"), WITHOUT ADMISSION OF LIABILITY, THE SUM OF $850,000 PLUS AN ANNUAL PAYMENT OF $110, 000 PER YEAR UNTIL 2007 TO CHARLES DELUCCA FOR MANAGEMENT OF THE MELREESE GOLF COURSE, IN FULL AND COMPLETE SETTLEMENT, PURSUANT TO THE SETTLEMENT AGREEMENT AND City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 APPENDICES, ATTACHED, OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF BUNKERS, ET AL. V. CITY OF MIAMI, ARBITRATION CASE NO. 32 Y 181 00459 03, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF- INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.650; FURTHER AUTHORIZING THE TERMINATION OF THE MANAGEMENT AGREEMENT DATED JANUARY 25, 1996 BETWEEN THE CITY OF MIAMI AND BUNKERS OF MIAMI, A FLORIDA JOINT VENTURE. 04-00257- cover memo.pdf 04-00257- exhibit 1- settlement agreement.pdf 04-00257- exhibit 2- psa.pdf 04-00257- exhibit 3- scope of services.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0227 Adopted the Consent Agenda City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. Chairman Teele : Now, on the consent agenda, are there any items to be withdrawn? Joe Arriola (City Manager): Yes, sir. CA.5, want to defer until next meeting. Chairman Teele: CA.5, to defer. Mr. Arriola: CA.5, defer to next meeting. Joel Maxwell (Deputy City Attorney): CA.5. Also, CA.20, Mr. Chairman, I'd like to defer it for 30 days, as well. Commissioner Gonzalez: CA.20? Mr. Maxwell: Wait, I'm sorry. CA.12, CA.12. Chairman Teele: CA.12, to be deferred for 30 days? Mr. Maxwell: Yes, sir. Chairman Teele: Anything else? On the motions to defer -- Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: That's 5 and 12, as stated. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? All right. Are there substitutions on the consent agenda? Commissioner Winton: Mr. Chairman, I note that, at least in my package -- maybe y'all got it, but there's a report, which is CA.11, and I don't have the report. It says, Civil Service Board Report. There's a piece of paper, but no report. Did y'all get the report in your -- Chairman Teele: I didn't get it. Commissioner Gonzalez: I didn't get it either. Commissioner Winton: You didn't get it either? So it doesn't do us much good to have the report with no report. Vice Chairman Sanchez: Move to defer CA.11. Commissioner Gonzalez: Second. Commissioner Winton: Well, we don't need to defer it. I just want to make sure that the report shows up. Chairman Teele: Well, if you don't have a written report, you don't need to -- Vice Chairman Sanchez: Well, you know, I'm not going to approve it without reading a report. Commissioner Winton: Yeah. (UNINTELLIGIBLE). Oh, well, that's (UNINTELLIGIBLE). Sorry. Good point. Chairman Teele: Motion to defer CA.11 -- City ofAliami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: Second. Chairman Teele: -- is moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. Further deferrals or further substitutions? CA.20 is a substitute? Mr. Maxwell: That's correct, sir. Chairman Teele: All right. Mr. Attorney, are there any other substitutes, other than CA.20? Mr. Maxwell: SR.2 is a substitute, as well. Chairman Teele: On the consent agenda? Mr. Maxwell: No, sir, not on the consent agenda. Chairman Teele: Are there any other substitutions on the consent agenda? Is there a motion on the consent agenda, as amended? Commissioner Gonzalez: I'll move the consent agenda. Vice Chairman Sanchez: Second. Chairman Teele: Is there discussion? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: Now, on the consent agenda, are there any items to be withdrawn? Joe Arriola (City Manager): Yes, sir. CA.5, want to defer until next meeting. Chairman Teele: CA.5, to defer. Mr. Arriola: CA.5, defer to next meeting. Joel Maxwell (Deputy City Attorney): CA.5. Also, CA.20, Mr. Chairman, I'd like to defer it for 30 days, as well. Commissioner Gonzalez: CA.20? Mr. Maxwell: Wait, I'm sorry. CA.12, CA.12. Chairman Teele: CA.12, to be deferred for 30 days? Mr. Maxwell: Yes, sir. Chairman Teele: Anything else? On the motions to defer -- City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: That's 5 and 12, as stated. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? All right. Are there substitutions on the consent agenda? Commissioner Winton: Mr. Chairman, I note that, at least in my package -- maybe y'all got it, but there's a report, which is CA.11, and I don't have the report. It says, Civil Service Board Report. There's a piece of paper, but no report. Did y'all get the report in your -- Chairman Teele: I didn't get it. Commissioner Gonzalez: I didn't get it either. Commissioner Winton: You didn't get it either? So it doesn't do us much good to have the report with no report. Vice Chairman Sanchez: Move to defer CA.11. Commissioner Gonzalez: Second. Commissioner Winton: Well, we don't need to defer it. I just want to make sure that the report shows up. Chairman Teele: Well, if you don't have a written report, you don't need to -- Vice Chairman Sanchez: Well, you know, I'm not going to approve it without reading a report. Commissioner Winton: Yeah. (UNINTELLIGIBLE). Oh, well, that's (UNINTELLIGIBLE). Sorry. Good point. Chairman Teele: Motion to defer CA.11 -- Commissioner Winton: Second. Chairman Teele: -- is moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. Further deferrals or further substitutions? CA.20 is a substitute? Mr. Maxwell: That's correct, sir. Chairman Teele: All right. Mr. Attorney, are there any other substitutes, other than CA.20? Mr. Maxwell: SR.2 is a substitute, as well. Chairman Teele: On the consent agenda? Mr. Maxwell: No, sir, not on the consent agenda. City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Are there any other substitutions on the consent agenda? Is there a motion on the consent agenda, as amended? Commissioner Gonzalez: I'll move the consent agenda. Vice Chairman Sanchez: Second. Chairman Teele: Is there discussion? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. END OF CONSENT AGENDA City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-00369 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 02-705, ADOPTED JUNE 13, 2002, TO (1) REFLECT THE CORRECT GRANT AWARD AMOUNT RECEIVED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, TRANSPORTATION OUTREACH PROGRAM, IN AN ADDITIONAL AMOUNT OF $33,600, FOR A TOTAL AWARD AMOUNT OF $480,000, ALLOCATING FUNDS FROM SPECIAL REVENUE ACCOUNT CODE NO. 110013.850104.270, AND (2) AUTHORIZING AN INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT FEE WITH DAVID PLUMMER & ASSOCIATES, INC., APPROVED BY SAID RESOLUTION, IN AN AMOUNT NOT TO EXCEED $ 194,997, FROM $446,400 TO $641,397, FOR COMPLETION OF A PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY ENTITLED: DUPONT PLAZA PROJECT-METROMOVER REALIGNMENT DOWNTOWN MIAMI," ALLOCATING FUNDS FOR SAID INCREASE FROM THE CITY OF MIAMI'S ONE-HALF CENT TRANSIT SURTAX, ACCOUNT CODE NO. 341330, AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 04-00369-exhibit 1-budgetary impact.pdf 04-00369-exhibit 2-pre. legislation.pdf 04-00369-exhibit 3- pre. psa.pdf 04-00369-exhibit 4- pre. scope of services.pdf 04-00369-exhibit 5- certificate of ins.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0199 A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, to adopt Item D2.1. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 passed unanimously, with Commissioner Regalado absent, to reconsider previous vote on Item D 2.1. Note for the Record: Item D2.1 was subsequently adopted with modifications. Chairman Teele: OK. Can we go right into the -- Commissioner Winton, D2.1. Commissioner Winton: I'm sorry? Chairman Teele: Can we go right into your items, D2.1? Joel Maxwell (Deputy City Attorney): Which one did he say? Chairman Teele: Public Transportation, Supplemental Joint Participation Agreement. Commissioner Winton: Yes. I'm assuming someone from staffs going to come -- Chairman Teele: Metro -Dade Mover. Commissioner Winton: I'll move it if -- but I would think that somebody would -- Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chairman Teele: There's a motion and a second. Discussion. Everybody knows what we're doing? Commissioner Regalado: No. Chairman Teele: All in favor of the item, as discussed -- as moved and seconded, say "aye." The Commission (Collectively): Aye. Chairman Teele: Discussion. Commissioner Regalado: I don't know what we're doing. I don't know. Commissioner Winton: This is -- and, by the way, I don't know the specific details of this add -on piece. I do understand the overall concept, and this is something we've approved -- I don't know -- probably -- this is probably two years into the process, and the whole concept is in the Dupont Plaza area, where -- the central part of downtown, where you get -- where the mess is; where every time the bridge goes up, you have absolute gridlock because, at that particular juncture, you have -- all the traffic coming off of Biscayne Boulevard that is headed southbound turns right onto Southeast 2nd Street. Half that traffic is trying to get up on I-95; the other half of it's going to Brickell. When the bridge goes up, all the fraffic stops, so there's a movement here to realign -- potentially realign the Metro Mover. They're looking at alternatives to doing that because that's expensive, but the end concept is to create some two-way streets down there so that you can separate the traffic frying to get on I-95 from the fraffic frying to go across the bridge, so that when the bridge goes up, at minimum, you can move half the traffic out of that jammed up intersection down there. That's the general concept of what's going on in that area -- Chairman Teele: All right. Commissioner Winton: -- and it's -- we're like in two -- year two of that. City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Madam Manager. Alicia Cuervo Schreiber (Chief of Operations): Good morning, Alicia Cuervo Schrieber. This is actually a fee increase, due to the fact that we are eliminating the relocation of the Metro Mover, which was a thirty million dollar ticket as part of this project, to have David Plumber and Associates re-evaluate the entire traffic analysis, now that we will not be moving -- or attempting not to move. Chairman Teele: What is the amount of the fee increase? Ms. Cuervo Schreiber: I'm sorry? Chairman Teele: What is the amount of the fee increase? Commissioner Winton: Thirty-three, six. Vice Chairman Sanchez: Thirty-three thousand, six hundred dollars. Chairman Teele: Commissioner Regalado, are you satisfied? Commissioner Regalado: Yes, sir. Chairman Teele: On the motion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Madam Manager, to you and to the other Manager, would you all alert your staff that we're going to fry to move through the agenda? Ms. Cuervo Schreiber: Yes, sir. Chairman Teele: And -- Commissioner Winton: So that they're ready. Chairman Teele: So that they're sort of ready. OK. Commissioner Regalado -- Commissioner Winton, did you have anything else? Commissioner Winton: No, sir. Chairman Teele: Isn't there a motion to reconsider DI -- Commissioner Winton: Yes, there is. Chairman Teele: The Dupont Plaza. Unidentified Speaker: Yes. Commissioner Winton: Because the City Attorney has informed us that there was a substitute resolution that's -- Chairman Teele: What's the item number? Commissioner Winton: I forget. D -- City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Joe Arriola (City Manager): D2.1. Vice Chairman Sanchez: D2.1. Commissioner Winton: D2.1. Chairman Teele: Motion to reconsider D2.1 by Commissioner Winton. Commissioner Winton: So move. Vice Chairman Sanchez: Second. Chairman Teele: Second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed. DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 04-00350 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION ON THE SOUTHWEST 16TH TERRACE ROAD RECONSTRUCTION, THE SOUTHWEST 16TH TERRACE STREET IMPROVEMENTS, AND OTHER CAPITAL IMPROVEMENT PROJECTS LOCATED IN DISTRICT 4. 04-00350- cover memo.pdf WITHDRAWN A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to WITHDRAW item D4.1. DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR D5.1 04-00351 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION 04-0197, ADOPTED MARCH 25, 2004, TO REFLECT MULTI CULTURE WOMEN OF AMERICA AS THE CORRECT NAME OF THE ORGANIZATION HOSTING THE TOUR AND TO REFLECT DIPLOMAT, INC. AS THE COMPANY PROVIDING THE TRANSPORTATION SERVICES. City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0201 Chairman Teele: Commissioner Regalado, would you move D5.1? Commissioner Regalado: Yes, sir. I'll move D5.1, on behalf of Commissioner -- Chairman Teele. A resolution of the Miami City Commission amending resolution 04-0197, adopted March 25, 2004, to reflect the Multicultural Women ofAmerica as the correct name of the organization, hosting the tour and to reflect Diplomat, Inc. -- Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PUBLIC HEARING PH.1 04-00264 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "1900 SMA," A SUBDIVISION IN THE CITY OF MIAMI ("CITY") OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. 04-00264 - Cover Memo.pdf 04-00264 - Budgetary Impact Analysis.pdf 04-00264 - Public Notice Memo.pdf 04-00264 - Public Notice.pdf 04-00264 - Public Works Notice Memo.pdf 04-00264 - Public Works Notice.pdf 04-00264 - exhibit 1- legal description.pdf 04-00264 - exhibit 2- 1st plat resubmital.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0205 Chairman Teele: Public Hearing Number 1, 2, 3. Public Hearings Number 1, 2 and 3, followed by special reading -- special -- second reading. All right. Public Hearing Number 1, 1900 SMA (South Miami Avenue) Plat. Who's presenting, please? Is Public Works or the applicant? Not everybody at once. Public Works Director. Lucia Dougherty: Sorry. Thank you, Mr. Chairman, members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of B. Development, who is the owner of the subject lots. We're taking two lots and making two lots. We're just changing the face of the two lots that are existing -- Chairman Teele: Can we hear from Public Works? Madam Director, are you recommending this? Stephanie Grindell: Stephanie Grindell, Director of Public Works. Yes, I am. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward. There are no persons coming forward. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 The public hearing's closed. We have a motion, a second. Is there a discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Government at work. All right. FP&L (Florida Power & Light) -- Vice Chairman Sanchez: That was a great presentation, Lucia. PH.2 04-00314 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA POWER AND LIGHT COMPANY FOR A TEN (10) TO FOURTEEN (14) FOOT WIDE STRIP PERPETUAL NON-EXCLUSIVE UTILITY EASEMENT, ON CITY - OWNED PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND UTILITY FACILITIES AND VAULT, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT. 04-00314 - Cover Memo.pdf 04-00314 -budgetary impact.pdf 04-00314 - Public Notice Memo.pdf 04-00314 - Public Notice.pdf 04-00314 -exhibit- grant of easment.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0206 Commissioner Winton: Move PH.2. Commissioner Gonzalez: Second, PH.2. Vice Chairman Sanchez: Public hearing. Commissioner Winton: Oh. Commissioner Gonzalez: Public hearing, right. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. We have a motion and a second. Is there discussion? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PH.3 04-00315 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH TELECOMMUNICATIONS, INC. FOR A TEN (10) FOOT WIDE STRIP PERPETUAL NON-EXCLUSIVE EASEMENT, AS DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, LOCATED ON CITY -OWNED PROPERTY AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION, FACILITIES, STAND- BY GENERATORS AND ASSOCIATED FUEL SUPPLY SYSTEMS, AS A MEANS OF PROVIDING UNINTERRUPTED SERVICE DURING COMMERCIAL POWER OUTAGES, WITH ALL WIRING, CABLE, OR CONDUITS TO BE PLACED UNDERGROUND. 04-00315 - Cover Memo.pdf 04-00315 - budgetary impact.pdf 04-00315 - Public Notice Memo.pdf 04-00315 - Public Notice.pdf 04-00315 - exhibit- grant of easment.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0207 Chairman Teele: PH Number 3. Your name and address for the record, sir. Keith Carswell: Keith Carswell, City ofMiami, Department of Economic Development. This is actually -- Commissioner Winton: Companion item -- companion. Move it. Commissioner Regalado: Second. Chairman Teele: Is there a public hearing? Any person desiring to be heard in opposition to an easement relating to Bell South Telecommunication should come forward. There are no persons coming forward. The public hearing is therefore closed. Is there further discussion by the Commission? We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Commissioner Gonzalez: I move PH4. Chairman Teele: It's deferred for -- it's delayed. It's been pulled, as I understand. Commissioner Winton: Yeah, PH4 is pulled. Chairman Teele: And PH 6, 7, and 8 are time certains for 3 p.m., as I understand it. City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PH.4 04-00155 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND OLGA FELIX AND ANN MARIE LOURDE-LACROIX, FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 5901-09 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, (" PROPERTY"), AS LEGALLY DESCRIBED IN THE AGREEMENT, IN CONNECTION WITH THE DEVELOPMENT OF LITTLE HAITI PARK, FOR A TOTAL PURCHASE PRICE NOT TO EXCEED $550,000, AND TO CONSUMMATE SAID TRANSACTION IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT; ALLOCATING FUNDS, AT A TOTAL AMOUNT NOT TO EXCEED $586,902, FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND FOR COSTS INCLUDING BUT NOT LIMITED TO SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE INSURANCE, DEMOLITION, AND FENCING. 04-00155-cover memo.pdf 04-00155-sales comparison.pdf 04-00155-summ. of salient facts.pdf 04-00155-pre. leg islation. pdf 04-00155-public notice memo.pdf 04-00155-public notice .pdf 04-00155-public notice 2.pdf 04-00155-exhibit 1-agreement.pdf 04-00155-exhibit 2- addendum.pdf WITHDRAWN A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, to WITHDRAW item PH.4. Direction to the City Manager by Chairman Teele to meet with him regarding the assurance he made about certain things being accomplished by November 2003 on the proposed Little Haiti Park that have not come to fruition as of this date. PH.5 04-00235 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION THAT SEALED BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND APPROVING THE FINDINGS OF THE ENTERPRISE RESOURCE PLANNING ("ERP") EXECUTIVE STEERING COMMITTEE THAT THE MOST QUALIFIED FIRMS TO PROVIDE ERP SOFTWARE ARE (IN ALPHABETICAL ORDER): LAWSON, ORACLE, City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PEOPLESOFT, SAP AND APPROVING ANY NECESSARY THIRD -PARTY APPLICATION SOFTWARE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ONE OF SAID TOP -RANKED VENDORS, FOR THE PURCHASE OF ERP SOFTWARE, IN AN AMOUNT BETWEEN $1,400,000 AND $2,600,000, PURSUANT TO THE ATTACHED TERMS WHICH WILL BE EVALUATED ON TECHNICAL AND FUNCTIONAL REQUIREMENTS THAT BEST FIT THE NEEDS OF THE CITY OF MIAMI ("CITY"), TOTAL COST OF OWNERSHIP, VIABILITY, SCRIPTED DEMOS, REFERENCES, EXPERIENCE OF PROVIDING SOFTWARE TO MUNICIPALITIES OR GOVERNMENT AGENCIES OF SIMILAR SIZE AND/OR COMPLEXITY, AND COST; AUTHORIZING THE NEGOTIATION OF AN AGREEMENT WITH THE NEXT TOP -RANKED FIRM(S) SHOULD NEGOTIATIONS FAIL WITH THE FIRST TOP -RANKED FIRM, UNTIL A SUCCESSFUL CONTRACT IS NEGOTIATED; DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY COMMISSION FOR CONSIDERATION, REVIEW AND APPROVAL; ALLOCATING FUNDS FROM THE INFORMATION TECHNOLOGY ERP CAPITAL IMPROVEMENT PROJECT ("CIP") ACCOUNT CODE NO. 311613, AND FROM THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS CITYWIDE AND VARIOUS CIP ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. 04-00235-Cover Memo 04-00235- budgetary impact.pdf 04-00235-memo from ITD.pdf 04-00235-public hearing notice memo 04-00235- public hearing notice.pdf 04-00235- award under state of FL.pdf 04-00235- award of Bid waiver.pdf 04-00235 exhibit -terms and provisions.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0203 Direction to the City Attorney by Chairman Teele to provide him with a copy of the entire procurement process. Note for the Record: Chairman Teele recommended that any time there is a bid waiver, the contract should come back to the Commission for approval. Chairman Teele: All right. Are we ready with the -- Peter, are we ready, sir? What is the item number? Vice Chairman Sanchez: PH.5. Chairman Teele: PH.5. This is a public hearing involving the software. What is it, EF-- Commissioner Winton: ERP (Enterprise Resource Planning). Chairman Teele: ERP software. Peter Korinis (Chief Information Officer): ERP. City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: You want to just state your name and address for the record, and tell us what you're proposing? Mr. Korinis: Peter Korinis, Chief Information Officer. This item and the companion one, which is RE.4, are for the procurement of an Enterprise Resource Planning System. This is a computer -based system that integrates the functions of Finance, Budgeting, Purchasing, Human Resources into a single integrated system. It will replace approximately 25 systems that are old that we have today, such as our 20-year old payroll system. It's a product that we're buying ( UNINTELLIGIBLE), and PH 5 is requesting your authority to do a bid waiver so that we may select -- and we will go through a selection process, much like an RFP (Request for Proposal) -- from the top four candidates, based on our very extensive and exhaustive evaluation over the past year, where we're very confident that we've identified the very best of these packages, and we would like your permission, then, to move forward with a final evaluation and select the one software package that meets the City's needs the best. Chairman Teele: Discussion. Where's the Chief Procurement Officer? Unidentified Speaker: He's here. He's in the COW (Committee of the Whole) Room. Glenn Marcos: Good morning. Glenn Marcos, Purchasing Director. Chairman Teele: Glenn, I think we need to put on the record that even though this appears as a bid waiver, it's really not a bid waiver in the strict sense of the word, as I understand it, and correct me if I'm wrong, but think it's -- given the history of this kind of procurement, we need to make sure that the public understands, to some extent, what we're doing. What we're doing is narrowing or limiting the number of competitors to the top three or four, based upon a subjective determination, but to the four most eligible bidders; is that right? Mr. Marcos: That is correct. Chairman Teele: Now, in normal bid lingua -- Mr. Marcos: This is -- yeah. There's the substitute item. Chairman Teele: In normal bid lingua, there's a way to do that without being in the box we're in now, and that is for the procurement process to do -- what do they call those things? A request for -- not request, but -- Mr. Marcos: Are you talking about a Request For Proposal? Chairman Teele: No. It's not a -- Vice Chairman Sanchez: Qualification. Mr. Marcos: RFQ (Request For Qualification)? RFQ. Chairman Teele: It is -- The Corps of Engineers use it, where they basic -- RFQ. Mr. Marcos: RFQ. Mr. Korinis: Request for Qualifications. Chairman Teele: Request for Qualifications, yeah, where you basically get the qualifications and you just sort down on those four or those five. We didn't do an RFQ, did we? City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Marcos: No, sir. Chairman Teele: But if we had done an RFQ, we would not be doing a bid waiver; is that right or is that wrong? Mr. Marcos: Well, I'm not sure whether the RFQ would get us where we want to be, as of right now. The RFQ would just allow us to qualify and then, basically, from that RFQ, it would give us exactly what we're doing because it's a bid waiver. Chairman Teele: But, you see, I think -- that's a real dangerous answer. I think the RFQ is not a waiver, under our Charter; is that -- Mr. Marcos: No, sir. It's a competitive process. Chairman Teele: That's a competitive process. If everything that Peter told me is true, then we would have been down to the same four people or the same four bidders, because the whole principle that Peter has enunciated is, these are the only four that can really do it, and so if you had an RFQ, the theory would be that the people who would have submitted -- say 20 people submitted, and you would have reduced from the RFQ process 16 down to these four. Mr. Marcos: The RFQ would only tell us what we already know, and that's why we're at where we're at now. Commissioner Winton: But -- Chairman Teele: Huh? Commissioner Winton: I think that's the Chairman's point -- Joe Arriola (City Manager): Commissioner -- Commissioner Winton: -- that you would have done exactly that, except it would have been a more -- a clearly more transparent process, and I think that's the point that the Chairman's making. Mr. Arriola: Let me jump in here for one second. It's not like there's 20 companies out there that have this product. You have to understand that. This is basically the four companies that have the product that we can use. There's not a fifth, sixth, seventh or eighth company out there that has this product that we can use. This is -- Commissioner Winton: But if you follow the RFQ process -- and there's only four -- you would have gotten only four, you would have ended up with only four -- Chairman Teele: Exactly. Commissioner Winton: -- and it's -- I think -- it's not an unimportant point. We talked about this in my meeting, because I asked virtually the same kind of question. I didn't think about the RFQ process, but -- and we also understand -- I think everybody here understands that, one, there's a limited number of vendors; and two, we're frying to upgrade all of the systems in the City in the most rapid fashion we can, butl think that what the Chairman's saying is that as we go through these processes, we need to be looking at the most efficient way that's still as transparent as we can make it, and I think what he's simply saying is that in the -- I don't know about now, and I don't want to put words in his mouth, but -- so I won't speak for him, so what City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 would say about this, in the future, is when we're going to -- and I'm sure this won't be the last time we will be in this kind of situation on very technical kinds of things, so we ought to be thinking right now about what's coming and go through an RFQ process, because it creates that transparency, so that's all I have. Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: I think my colleagues have touched on the issue of the bidding process, which I'm prepared to accept. My concern is that, I need -- I think that the process needs to be better defined in the way. Chairman Teele: Better what? Vice Chairman Sanchez: And one of the concerns -- the process needs to be better defined, and one of the things is that the title is different than the text. I have not had an opportunity to look at the supplement that you -- the substitute that you got, but, you know, as Commissioner Johnny Winton stated, for many years, we had a system here that, you know -- because of financial conditions in the City, we had to catch up and try to get from point "A" to point "B" in the most rapid form as possible. The thing is that you -- this -- the expenditures on capital improvements, which we have put millions of dollars into improving our IT (Information Technology) Department -- and I commend you for the work that you've done -- but it's something that you don't see. It's not like, you know, capital improvement. It's not like parks improvement. It's hard to see. You can't turn on a computer and basically see what's -- what the improvements are. I mean, they're getting there. We're getting there. You could see -- if you're a computer friendly user -- you're a computer user, you could see that we have made significant improvements, but the process here is that -- my concern, and I -- I just think that the process needs to be better defined. You explained it to me. It's a very complicated process. You're the expert on all this stuff. I sit there and I listen to what your recommendations are and, of course, the City Manager's recommendations, but my concern is that, you know, the title is different than the text, compared to what's on this resolution and what was the supplement, and I think -- for the record, I think you need to clarify what the difference is. Mr. Korinis: I apologize for having to put a substitute in at the last, but we did find the language in there. Vice Chairman Sanchez: And that's another concern, you know, substitute at the last minute, not only do they caution me, but they slow down my process. I mean, when you put a substitute at the last minute, which I have not had an ample opportunity to read and I haven't had an ample opportunity to see whether you're going to say this is what the substitute's going to be, compared to the changes that are being made, you know, I tend to be a little caution on that to support it, but if you put it on the record, you know, I'm prepared to support it. Mr. Korinis: Yes, sir. The difference was in the language -- and if our City Attorney would like to add comment on -- Rafael Suarez Rivas: You are adding a term sheet because since there's not a contract document, one concern was that the Commission at least have the terms of what you're approving, so you have an attachment of a term sheet telling you the terms of the proposed contract, and that was one of the -- Mr. Korinis: That was the addition that was added in that wasn't in there with the original package. City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: All right. One last question. If the City Manager goes out and selects -- through the process, hires, would it come back to this Commission for approval or would it just be by the City Manager -- us today approving the City Manager to execute a confract? Mr. Korinis: We've asked permission from the Commission to negotiate and execute without coming back to the Commission. That's the proposal in front of you. Vice Chairman Sanchez: All right. I'm prepared to move the item. Chairman Teele: Motion. Commissioner Winton: Second. Chairman Teele: Second. I will simply say that I'm putting my hands in that of the Chief Information Officer. I don't fully understand the issue, but I'm very impressed that the Chief Information Officer has been extremely diligent; that there appears to be a lot of movement in this area. I would say to the Chief Procurement Officer, I think, in this kind of situation, to do a bid waiver -- and I hadn't planned to say this, because I did not really understand the issue the way Commissioner Sanchez has just framed it with the question, but to do a bid waiver -- and it, in effect, is a bid waiver -- and then to authorize the Manager to enter into the confract in a question of a bid waiver, raises a lot of questions. First and foremost, the fundamental question of due process of anybody who feels that they may not have had an opportunity to be heard, and what we will have -- what we are saying now is, we're not going to hear anything relating to this, et cetera. I think, given the history of this City, in the procurement area of technology, we're perilously close to abrogating responsibility, but I think what I need to do, Mr. Attorney, is I want to look at the whole procurement process all over again, because I think we've given up way too much now in how this is being -- Commissioner Winton: Got a recommendation in terms of modifications? Chairman Teele: I don't want -- I mean, look -- Commissioner Winton: Because I'm not necessarily disagreeing with you on that. Chairman Teele: I didn't understand that, until Sanchez asked the question. Commissioner Winton: Yeah. Chairman Teele: But in a waiver of bids, basically where you -- you're basically no longer adhering to the process, and then anybody out there who feels aggrieved has no forum to even have due process, and we're sort of sitting in a situation where we're saying we're stuck, and I think it's a horrible -- I think, as a matter of law, any time there's a bid waiver, the bid -- the contract should come back to the Commission for approval on all bid waivers, as a matter of law . I think we're just way going down the road, and I was the guy who lead the charge to get us out of the procurement process, but I think we've gone way too far. Commissioner Winton: So, how about that -- I mean, I'm not uncomfortable making that -- it doesn't add any real time to the process, at all, so what's wrong with the confract coming back before the Commission to be approved, as opposed to just ratify it? I mean, the most that's going to add to anything is two weeks. Vice Chairman Sanchez: But my position is based on the information they're providing. They're saying that, at the end of the day, no matter what process you take, you're going to have four companies. City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: We agree with that. Vice Chairman Sanchez: OK. Commissioner Winton: But the only thing that the Chairman's saying, which I agree with -- and you pointed this out, Joe -- and that is that, at the end of the day -- when they finish all of their work -- and I'm -- and we're giving them credit for doing outstanding work here. Nobody's quarreling with that, but at the end of the day, once they've determined, "Here's the guy, here's the contract we're negotiating," bring the contract back for us. Let us approve the contract before it's signed, not after it's signed. At most, that adds two weeks to the process. It may not add any time, if they're managing their time right. It just fits right in, so I'm pretty comfortable with requiring that contract to come back. Hr. Arriola: Commissioner, we really have no problem with that, at all. Commissioner Winton: OK. Chairman Teele: Does the maker of the motion accept the amendment? Vice Chairman Sanchez: All right. The maker of the motion accepts the amendment, and the process will be that you'll go out and negotiate with -- Hr. Korinis: Yeah. Commissioner Sanchez: -- whoever it may be, and come back -- Hr. Arriola: That's fine. Vice Chairman Sanchez: -- for a final approval from the Commission. So moved. Hr. Arriola: That's fine. Chairman Teele: As amended, all in favor, say "aye." The Commission (Collectively): Aye. 3:00 P.M. PH.6 04-00251 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DE -OBLIGATION OF 28TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000, FROM THE LATIN QUARTER CULTURAL CENTER OF MIAMI, INC. ("LQCC"), FOR THE CAPITAL IMPROVEMENT PROJECT IN DISTRICT 3, AND 29TH YEAR CDBG PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $40,000, FROM THE LQCC, FOR PUBLIC FACILITIES AND IMPROVEMENTS IN DISTRICT 3, FOR A TOTAL AMOUNT NOT TO EXCEED $80,000; ALLOCATING SAID FUNDS TO THE LITTLE HAVANA HOME OWNERSHIP ZONE TRUST FOR THE DEVELOPMENT OF HOUSING. City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 04-00251 - Cover Memo.pdf 04-00251 - Previous Legislation.pdf 04-00251 - Previous Legislation (2).pdf 04-00251 - Previous Legislation (3).pdf 04-00251 - Previous Legislation (4).pdf 04-00251 - Public Hearing Notice.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Teele Absent: 2 - Commissioner Sanchez and Regalado R-04-0234 (William Hay-Southwell, Official Sign Language Interpreter, present.) Chairman Teele: Ms. Gonzalez, welcome. Barbara Rodriguez (Director, Community Development): Barbara Rodriguez, Department of Community Development. PH 6 is basically de -obligating the Latin Quarter Culture Center of Miami, the 20th Year funding, forty thousand dollars, and the Latin Quarter Culture Center of Miami 29th Year, forty thousand dollars, and reallocating it to the Little Havana Homeownership Zone. The reason for that is, number one -- Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. Are there any persons coming forward? There are no persons coming forward. Commissioner Winton: What item number is this? Chairman Teele: The public hearing is closed. This is Public Hearing Item Number 6. It's just moving dollars -- Commissioner Winton: OK, OK Chairman Teele: It's a zero sum game, moving dollars from one program area to the next. Commissioner Winton: Gotcha. Chairman Teele: Keeping the general boundaries of geographic locations, which Ms. Rodriguez, I think, has done an excellent job. This is a public hearing. Are there any persons coming forward? The public hearing is closed. Commissioner Gonzalez -- Commissioner Gonzalez: I move the item. Commissioner Winton: Second. Chairman Teele: Is there objection? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. PH.7 04-00316 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ENTITLEMENT GRANTS, UNDER THE AMERICAN DREAM DOWNPAYMENT INITIATIVE PROGRAM FOR FISCAL YEARS 2003 AND 2004, FOR USE AS DOWNPAYMENT ASSISTANCE IN THE PURCHASE OF SINGLE FAMILY HOUSING BY LOW-INCOME FAMILIES WHO ARE FIRST-TIME HOME BUYERS, TO BE PROVIDED IN THE FORM OF A DEFERRED, NON -INTEREST BEARING, NON -AMORTIZING TWENTY-YEAR LOAN TO BE REPAID BY THE HOME BUYER, IN FULL, IN THE EVENT THAT THE HOME IS SOLD, LEASED OR RENTED DURING THE TWENTY-YEAR PERIOD; AUTHORIZING THE CITY MANAGER TO DETERMINE WHETHER REPAYMENT BY THE HOME BUYER IS REQUIRED IN THE EVENT OF REFINANCING OF THE HOME DURING THE TWENTY-YEAR PERIOD, ON A CASE BY CASE BASIS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANTS AND PROGRAM. 04-00316 - Cover Memo.pdf 04-00316 - Public Hearing Notice.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0235 Barbara Rodriguez (Director, Community Development): PH.7 is -- we have been awarded two hundred and four thousand, oforty-nine from fiscal year 2003 for the American Dream Down Payment Initiative and two hundred and forty thousand, seven hundred and eighty-four from fiscal year 2004 for the same American Dream Down Payment Initiative, and it's just basically accepting the dollars. Commissioner Winton: So -- oh. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Is there a motion? Commissioner Winton: So moved. Commissioner Gonzalez: Move -- second. Chairman Teele: Motion and second. Discussion. All those in favor, signify by the sign of "aye. Commissioner Winton: "Aye." Chairman Teele: Those opposed have the same right. The item is unanimously adopted. PH.8 04-00317 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN AN AMOUNT NOT TO EXCEED $90,000, FROM PREVIOUSLY APPROVED DISTRICT 5 LITTLE HAITI JOB CREATION PILOT PROJECT SET -ASIDE TO TARPUN BAY USA, INC., IN THE FORM OF A FIVE-YEAR DEFERRED, FORGIVABLE LOAN WITH THE PROVISION THAT THE FUNDS BE USED TO CREATE AND MAINTAIN NEW EMPLOYMENT OPPORTUNITIES FOR RESIDENTS OF THE LITTLE HAITI NEIGHBORHOOD, FOR A FIVE-YEAR PERIOD, SUBJECT TO PROVISIONS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM WITH SAID AGENCY. 04-00317 - Cover Memo.pdf 04-00317 - Public Hearing Notice.pdf 04-00317 - exhibit- agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0236 Barbara Rodriguez (Director, Community Development): PH 8 is awarding funds to Tarpun Bay USA, Inc. for ninety thousand dollars, and it's being taken out of the Little Haiti Job Creation Pilot Project. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Commissioner Winton: Move it. Chairman Teele: Moved by Commissioner Winton. Seconded by Commissioner -- Commissioner Gonzalez: Second. Chairman Teele: -- Gonzalez. All those -- is there discussion? All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is adopted unanimously. Ms. Rodriguez: Thank you. City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 ORDINANCE - EMERGENCY EM.1 04-00368a ORDINANCE Emergency Ordinance AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 12476, THAT AMENDED ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE, WHICH INCREASES CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004; TO ADD LANGUAGE RELATED TO THE NUMBER OF EMPLOYEES DESIGNATED IN THE ORDINANCE EITHER BY POSITION SUMMARY OR BY ORGANIZATIONAL CHART AND THE NUMBER OF NEIGHBORHOOD ENHANCEMENT TEAM ("NET") SERVICE CENTERS; FURTHER DIRECTING THAT ANY PERMANENT CHANGE TO THE NUMBER OF EMPLOYEES OR LOCATION OF NET SERVICE CENTERS, BE APPROVED BY THE CITY COMMISSION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00368a-cover memo.pdf 04-00368a-exhibit.organizational chart.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Note for the Record: Although item EM.1 was scheduled as an Emergency Ordinance, the Commission modified it to a First Reading Ordinance. Direction to the Administration by Chairman Teele to bring this item back on second reading as a supplement to the current budget with the organizational chart and relevant information. Chairman Teele: EM-- emergency -- Commissioner Gonzalez: 6, 7 and 8. Chairman Teele: Why is this an emergency? Commissioner Regalado: That's for the part-timers. Commissioner Winton: What did you say? Commissioner Regalado: Part-timers. Chairman Teele: No, it's not. Commissioner Winton: No. Commissioner Regalado: No? Commissioner Winton: This is budget. City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Gonzalez: Which one are we -- Commissioner Regalado: I know. Commissioner Winton: Appropriations. Commissioner Regalado: Add language related to the number of employees designated. Commissioner Winton: Oh, OK. Chairman Teele: Why is this an emergency, Mr. -- Commissioner Gonzalez: EM.1 ? Chairman Teele: EM.1, emergency -- EM.1. What does "EM" stand for? Priscilla A. Thompson (City Clerk): Emergency Ordinance. Commissioner Gonzalez: This has to do with the number of NET (Neighborhood Enhancement Team) officers. Chairman Teele: Why is it an emergency, though? Joel Maxwell (Deputy City Attorney): No. Chairman Teele: All right. This is a public hearing. Would you read the item? I would strongly prefer that these items be treated as a -- Mr. Maxwell: This was requested by the Commission -- Commissioner Winton: Non -emergency. Mr. Maxwell: -- at the May -- March 11 th meeting, and it came back for an immediate change. Chairman Teele: All right. `Immediate" doesn't mean emergency. Vice Chairman Sanchez: And that requires it to be classified as an emergency? Chairman Teele: No. Would you read the ordinance, please? Mr. Maxwell: An emergency ordinance -- Chairman Teele: Let's don't make it an emergency. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing's closed. Where are the -- where's the organizational chart? Commissioner Winton: Yeah. I couldn't figure anything out in my book. Commissioner Gonzalez: There's none. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: All right. This is for first reading. It will give them time to do -- Commissioner Gonzalez: Mr. Chairman, I'll move E. U 1. Chairman Teele: As amended. Commissioner Gonzalez: As amended. Commissioner Winton: But this is first reading only. Vice Chairman Sanchez: Second, as amended. Commissioner Winton: OK. Chairman Teele: Mr. Budget Director. Larry Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. I think the directive was to the City Attorney to include this new language in our budget appropriations as it relates to NET, so at any time when we're -- when we bring the ordinance in September, we would have to also include the organizational chart and a summary of positions and locations -- Chairman Teele: OK. Mr. Spring: -- as it relates to NET, so that's why you don't have -- Chairman Teele: And all that we're saying is, when you bring it back for second reading, bring it back as a supplement to the current budget, with the organizational chart and with the information -- Mr. Spring: Not a problem. Chairman Teele: -- that can be attached, because the whole issue was, Commissioner Gonzalez was concerned about -- Mr. Spring: What you had to approve. Chairman Teele: -- locations -- Mr. Spring: Right. Chairman Teele: -- and all of that, and we just need to do that so we know where we are. Mr. Spring: Not a problem, sir. Commissioner Winton: All right. Chairman Teele: All right. Madam Clerk, would you call the roll for first reading? Ms. Thompson: Yes. We're calling a roll on a modified ordinance now. This is first reading; not emergency, but first reading, modified. A roll call was taken, the result of which is stated above. Ms. Thompson: The modified ordinance has been passed on first reading, 5/0. City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 ORDINANCES - SECOND READING SR.1 04-00299 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 2, SECTION 2-887(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "QUORUM REQUIREMENTS; EXCEPTIONS" TO EXEMPT THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") FROM THE QUORUM REQUIREMENTS SET FORTH THEREIN; AND AMENDING CHAPTER 14, ARTICLE II, DIVISION 2, SECTION 14-54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MEETINGS; RULES AND REGULATIONS; COMPENSATION OF MEMBERS" TO ESTABLISH THE QUORUM REQUIREMENTS OF THE DDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 04-00299- cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12519 Chairman Teele: All right. Second Reading Items 1 and 2. Mr. Attorney, read the item. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: So moved. Joel Maxwell (Deputy City Attorney): And that was the substitute. Commissioner Gonzalez: Second. Chairman Teele: We have a motion and a second for a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is closed. Madam Clerk -- is there discussion? Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.2 04-00336 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," TO CHANGE THE VOTING STATUS OF THE MAYOR FROM A VOTING TO NON City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 -VOTING MEMBER, TO CHANGE THE STATUS OF THE EXECUTIVE DIRECTOR, TO ADD TWO MEMBERS TO THE BOARD TO BE APPOINTED BY THE COMMISSION -AT -LARGE AND TO CORRECT AN ERROR IN THE TERMS OF THE MEMBERS APPOINTED BY THE COMMISSION TO BE APPOINTED FOR SPECIFIC STAGGERED EXPIRATION TERMS; MORE PARTICULARLY BY AMENDING SECTION 2-923(a) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 04-00336-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12520 Chairman Teele: All right. RE.2, Mr. Attorney. Joel Maxwell (Deputy City Attorney): An ordinance of the -- Chairman Teele: SR -- Mr. Maxwell: SR.2. The Ordinance was read by title into the public record by the Deputy City Attorney. Mr. Maxwell: And this is substitute, SR.2. Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: We had a motion and a second. Discussion. This has gone through more changes and iterations -- Commissioner Gonzalez: That's right. Chairman Teele: -- than anything since the Constitution ofAmerica. Commissioner Winton: That's right. Chairman Teele: Madam Clerk. Vice Chairman Sanchez: 26 times. Priscilla A. Thompson (City Clerk): I'm sorry, sir, I didn't hear the public hearing open and close. Did I miss that? Chairman Teele: Yes. The public hearing has been opened. This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The public hearing is therefore closed. Madam Clerk. Ms. Thompson: Thank you. A roll call was taken, the result of which is stated above. City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Ms. Thompson: The ordinance has been adopted, as modified, on second reading, 5/0. RESOLUTIONS RE.1 04-00059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST'S ("MODEL CITY TRUST") APPOINTMENT OF MARVA L. WILEY AS PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST, UNDER THE TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON. 04-00059-cover memo.pdf 04-00059-model city reso.pdf 04-00059-resume.pdf 04-00059-exh i bit. pdf Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0210 Chairman Teele: Gentlemen, is there any discussion on RE.1? Vice Chairman Sanchez: No, sir, and I just want to state for -- Chairman Teele: Mr. -- Commissioner Winton: So moved. Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second. Chairman Teele: All in favor -- is there a discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.2 04-00362 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY MADILE DE SEGUINS, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $24,500, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF MADILE DE SEGUINS VS. CITY OF MIAMI,ET AL., IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 02-16872 CA (27), UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6. 651. 04-00362-cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0208 Direction to the Administration by Commissioner Regalado to trim foliage from frees or bushes that are obstructing traffic signs. Chairman Teele: RE.2. Commissioner Winton: So moved. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chairman Teele: Is there objection? Commissioner Regalado: Yes. Discussion. Chairman Teele: Discussion. Commissioner Regalado: This was a settlement that the City Attorney sent and, as he always does, he said that any Commissioner that would object, this will come before the City Commission, so this is why it's here, because I object to that; not to the settlement, but just to make a point. This accident happened about two or three years ago, about two blocks from my home, and I have on record six e-mails and memos that I sent about three years ago, maybe less, to the Manager, asking to trim a tree that was blocking a stop sign in that intersection of 24th Avenue and 22nd Terrace. It was never done. On that corner, there is a colleague of mine from the radio who lives there, and he kept telling me that there's going to be an accident because the huge tree was blocking the stop sign; no one could see it, so he went out and fried to frim the free . A Code Enforcement inspector passed by and cited him for trying to trim the tree on the public right-of-way. Commissioner Winton: Wow. Commissioner Regalado: And then he said, "Well, I give up. "About three days after, a young woman, who happened also to be the general manager of a radio station, was going through 24 th Avenue. Somebody took the stop sign and she spent weeks in the hospital. She will never be the same, so the moral of this is that I wanted to ask a very dumb question. What is cheaper, cleaner, safer: Trim a free or pay a settlement? Commissioner Winton: We could have trimmed a lot of trees. Commissioner Regalado: Yeah. Well -- you know -- the thing is -- and my point is, any City employee -- and we have many that go through all the streets in the City ofMiami -- should City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 report whenever there is a stop sign who has a free that is blocking the view, because that way it would be easier -- and I saw the pictures that the City Attorney showed me of this lady after the accident, and it's really something that we should feel sorry about it, so I just wanted to make that point, because I think that we have Fire, Police, inspectors, building inspectors that crisscross the streets ofMiami every day and we can ask them to -- if they see an intersection tree that is blocking a stop sign, we may save a life and we may save the residents some money, so that was my only point. So it's been moved, Mr. Chairman. Chairman Teele: We have a motion and a second. Further discussion? All in favor of the item, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? RE.3 04-00272 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO HDR ENGINEERING, INC. , PURSUANT TO RESOLUTION NO. 04-0010, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $1,000,000, INCREASING THE CONTRACT AMOUNT FROM $1,000,000 TO $2,000,000, FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS, TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0010 TO REFLECT SAID INCREASE ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 341330. 04-00272- cover memo.pdf 04-00272- budgetary impact analysis.pdf 04-00272- pre. master report.pdf 04-00272- pre. legislation.pdf Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0209 Direction to the Administration by Commissioner Winton to look into the situation in the Grapeland Heights area around 15th and 16th Streets between 26th and 30th Avenues, where road excavations have not been properly and timely repaved, and report back to Commissioner Gonzalez on the City's findings. Chairman Teele: All right. Next item is RE.3. Commissioner Winton: What kind of consultant is this? Commissioner Regalado: Management skills. Mary Conway: Mary Conway, CIP and Transportation Director. This is the firm that's assisting us with the program management. The meetings that we've had with each of you over the last week to review the reports, all the process controls and the automation that we're putting in place -- City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: So moved. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Vice Chairman Sanchez: Discussion. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: On the item, Mr. Chairman. In the reference to speeding up all these CIP (Capital Improvement Program) projects that we have to deliver -- and we do have a responsibility to the taxpayers of the City ofMiami to get these projects done as quickly as possible and as the Chairman of the CIP, let me just say that the problem isn't anymore as to expeditiously pushing the items or getting these projects out there. I just want to put on the record that the problem now is in procurement. We're starting to hold up on these projects, and we really need to focus that, in the near future, as to expedite the procurement process so we could get all these projects out there done, because the ones that are going to be complaining is - - you know, there's that chain that falls on -- is the residents comes to the Commissioners, and then we have to direct the administration, and I just want to say that the meetings that have had with the administration pertaining to the staff on CIP, I have never seen so much professionalism in this City, and for the first time, residents are seeing projects being done, although we would like to get them out there as quickly as possible. I could tell you this: The problem now is not in expediting the process and finally, it's coming. This is a step in the right direction to hire this firm to get that. It is procurement, and I will bring it up in the near future as to direct the City Manager to find ways to either add on to procurement, to slow the -- unclog that process, when they get to procurement -- and really, procurement right now is overworked with all these projects that are going on, because they're having to bid them out, so I just wanted to state that for the record. Commissioner Gonzalez: Mr. Chairman. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Commissioner Sanchez just remind me of something that would have gone throughout the day without making a reference to it. I'd like to ask you a question. This -- some of these companies that we're hiring to do this roadwork, are they working part-time for us or they get a contract? You know, do we get any kind of discount for them to work on weekends? Ms. Conway: A discount for them to work on weekends? Commissioner Gonzalez: Just on weekends. Ms. Conway: To work just on weekends. Commissioner Gonzalez: It looks like they have these contracts as a side work. It looks like they're moonlighting with the City ofMiami, and the reason is -- andl talked to you and Alicia about this two weeks ago -- they're going into these neighborhoods; they're tearing out the streets, and then they leave the streets torn up for two, three weeks, four weeks, until we call them. Once we call, they go back and, specifically, right now, in the area of Grapeland Height and, let me see, 15th Street, 16th Street, 29th Avenue, 28th Avenue, 26th Avenue, 30th Avenue, they are working on Saturday -- just on Saturdays. I don't know if they work on Saturdays, Alicia, because we don't have inspectors out there on Saturday. They can do whatever they want . Nobody will see them. I have to have my staff and myself supervising their work, and I'm not an engineer, so I don't know what am I supervising, but at least I'm there and I'm watching what City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 they're doing. They went out there last weekend. They haven't been out there on the entire week. Tomorrow's Good Friday. I think that, probably, they won't work. They will probably take Friday, Saturday, and Sunday off and then they will take another week until the following Saturday, so I want to know what the problem is, if it is that we -- are we getting a discount so they can only work on Saturdays and Sundays? Are they moonlighting? Are we getting any kind of benefits or, you know, price reduction, because if we're getting a benefit -- Joe Arriola (City Manager): No. Commissioner -- Commissioner Gonzalez: -- I wouldn't agree with it because I have my neighbors calling me because of the dust and because, you know -- Arriola: Commissioner, we're absolutely not getting benefits. One of the ideas of doing a lot of this piggybacking -- you know, when you go into a bidding process -- you know, we could be great, as you know, but then when it's given to -- now to the contractor, we are at their mercy, and, you know, it's all based on the low bid and -- you know this better than I do, the whole process. Some of these people that we've used and the process we've used in the past, you know, people that we try to avoid, we'll fry to avoid in the future, and that's one of the reasons we're going through a piggybacking process, so we could pick the best that is out there, butt will tell you that some of our suppliers are not the best and we probably won't use them again, but -- Commissioner Gonzalez: I recommend that you don't, because -- Mr. Arriola: But, you know -- Vice Chairman Sanchez: It's a learning process. Mr. Arriola: You know, once it gets out of our hands and, you know, actually gives it to the contractor, we really -- you know, we really crack the whip but, you know, it's a tough hole out there. Commissioner Winton: Could y'all -- Mr. Manager, you're speaking kind of in generalities. I think it would be helpful to Commissioner Gonzalez if y'all would look into that very specific situation and get a report back to him very quickly. Mr. Arriola: Yeah. We went through the process and I know his aggravation. One of the biggest problems is now, after we started this thing, Mastech decided they're going to throw some cable and they have delayed -- Commissioner Gonzalez: That is another problem. When they're fixing the street. Mr. Arriola: -- the whole project. You know, so sometimes it's not even in our hands. I mean, we're doing the best -- I mean, all we can, by the way, but then, in the last moment, Mastech decides they're going to throw cable and now they're going to delay the whole thing, couple of months on this thing, and -- Commissioner Winton: After they tore the roads, though? Mr. Conway: The issue there -- and that is an isolated issue, and just so you have a level of confidence, what we're doing to address that issue in the future, we are using -- and in the reports, you've seen some of the GIS-generated maps, where we're showing the inventory progress, where pavings occurred, where it will occur during this calendar year. We're -- we have also met already with Miami -Dade Water and Sewer, as well as all the other utilities companies to obtain their capital plans -- City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: Oh, good. Ms. Conway: -- three or five years. We're also coordinating very closely, through Public Works, with permits that are being issued with upcoming development, where we may have water/sewer line upgrades that will need to go in, to try to balance so that we don't have situations where something falls through the cracks, so we are working on a lot of different fronts to fry to address the issues, but at this initial start-up phase, we have had a couple isolated instances where things have come up, and as far as the contractors' work performance, we are also at the final stages of revisiting our entire specification package for how we will control the contractors' work and monitor work, and one of the decisions or one of the things that we're looking at right now for efficiencies is, rather than having a full-time inspector on one operation, we've made a decision to have inspectors roving among several operations, and when we receive feedback that there were some quality concerns -- and we've increased the level of inspectors in the field to address those -- we still don't want to have one full-time person dedicated to each operation. We feel that there are efficiencies with having them rove, but we'll go through a growing process until we get it exactly right. Vice Chairman Sanchez: But on that matter -- and I agree with Commissioner Regalado. It's -- the work performance has to be recorded as to these businesses -- these companies that are doing work. I, like you, have a problem with one individual, a constituent of mine, who has had his front thing paved five times. Five times has been paved, and, you know, it -- but there has to be a process where it has to be reported based on work performance, and if -- right now, I think we're going through a process of eliminating these companies that can't produce, and that's a step in the right direction, butt have the same problems that you have, and it's happening because we are, for the first time in many, many years, going out there and trying to get as much as we can done, and we will have to get rid of some people that aren't doing their job, because, yes, I tend to agree with you, they have other work outside, and some of these companies might be using the City, which is a guarantee -- Commissioner Gonzalez: Right. Vice Chairman Sanchez: -- work on the side as moonlighting, and we can't accept that. That's unacceptable when it comes to -- Commissioner Winton: And let me tell you. Vice Chairman Sanchez: -- fulfilling their duties. Commissioner Gonzalez: I really commend the work that you're doing and I'm very happy with what you're doing, but we've got to look at these companies, because like Commissioner says, they know that the City is something that is secure, so what they do is, they go out there, they break the street. Once it's broken -- Vice Chairman Sanchez: They know they can come back. Commissioner Gonzalez: -- they take whatever time they, you know, feel like to go back and fix it, and then the neighbors are the ones that are paying for the -- you know, for these consequences. I mean -- Mr. Arriola: Commissioner, one of the things that we're including -- and, again, this is part of the process -- we put in clauses -- starting now, we put in clauses in all the contracts that if they don't perform, we're going to cancel the contract. Commissioner Gonzalez: Right. I'll tell you, we've got to do something about it, because -- City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Arriola: But, you know, again, it's a process that we're going through, and -- but that's going to be included in all the new confracts, and when these people don't perform, we're just going to cancel the confracts and come back, get new people. Commissioner Gonzalez: They haven't been back there for a week, and now I know it's going to take another week because I'm sure they're not going to work Friday, Saturday and Sunday -- Mr. Arriola: Yeah, Sure. You're right. Commissioner Gonzalez: -- so, you know, it's another week of me getting complaints from the neighbors, so -- Commissioner Regalado: Mr. Chairman Chairman Teele: Commissioner Regalado. Commissioner Regalado: Most of you came from FDOT (Florida Department of Transportation ) and five years ago, I worked with Jose Abrero, the then Regional Secretary, on the Southwest 8 th Street Project they did on three faces. I was representing the City, Commissioner -then Reboredo of the County; Rebeca Sosa, West Miami, and Jose Abrero. Every week we met with the merchants, and what they did is, all the contractors, if they -- they gave them a time line. If they finished before, they got a bonus. If they finished after the time line, they get a discount of what they were going to be paid, and they accepted it, and the three steps were done. The same philosophy was applied in Coral Way three years ago. Jose Abrero was still the Regional Secretary. Bonus or discount and a time line. You set a logical time line and you've got to do this in this -- the only way is an act of God. I mean, there is a storm or something, you cannot finish, but, I mean, FDOT did it. I don't know why we cannot do it. Commissioner Winton: I think they're going to. Ms. Conway: We can, and as -- just an aside, one of the large projects that the City will have coming out soon is the Flagler Street Marketplace, and the exact same team that oversaw the construction management for Calle Ocho is the same team that the City will be having overseeing the work on that roadway, so we are looking at implementing the same things, and when I mentioned specifications, those incentives, and disincentives and the language that we need to be able to control the work, we're making sure all that's being incorporated now. Commissioner Regalado: OK Commissioner Winton: Next. Chairman Teele: Further discussion on the item? RE.3 reoccurs. We have a motion and a second. Is there an amendment? If not, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? We've already approved RE.4, which was seven million dollars, without discussion, and we go now to -- can we go to discussion items, DI1, Budget update? RE.4 04-00236 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURCHASE OF ENTERPRISE RESOURCE PLANNING ("ERP") City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 IMPLEMENTATION SERVICES FROM ANY OF THE FOLLOWING RECOMMENDED FIRMS PURSUANT TO THE TERMS SET FORTH IN REQUEST FOR PROPOSALS NO. 15-973-516-R, ATTACHED AND INCORPORATED, (LISTED IN ALPHABETICAL ORDER): BEARING POINT, INC., BLACKWELL CONSULTING SERVICES AND IBM, OR ANY ADDITIONAL FIRMS ADDED BY THE STATE OF FLORIDA, SUBJECT TO ANY EXTENSIONS, OR NEW OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, WITH FIRMS TO BE EVALUATED REGARDING COMPANY BACKGROUND, VIABILITY, EXPERIENCE, EXPERTISE, REFERENCES AND COST TO IMPLEMENT THE ERP SOFTWARE SELECTED, IN AN AMOUNT BETWEEN $4,500,000 AND $7,000,000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE NEXT HIGHEST RANKED FIRM(S) SHOULD NEGOTIATIONS FAIL WITH THE FIRST TOP -RANKED FIRM, UNTIL A SUCCESSFUL CONTRACT IS NEGOTIATED; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, AS MAY BE ADJUSTED BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENT ORDINANCES, OR AS OTHERWISE PERMITTED BY LAW. 04-00236- cover memo.pdf 04-00236- budgetary impact analysis.pdf 04-00236- bearing points.pdf 04-00236 Exhibit -Consulting Services.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0204 Direction to the Administration by Chairman Teele to involve actual software users on committees that are making recommendations for procurement of technology software. Chairman Teele: Now, there's a companion item, which is RE.4 -- Peter Korinis (Chief Information Officer): RE.4, Mr. Chairman. Chairman Teele: RE.4. Would you move that item, Commissioner Sanchez? Vice Chairman Sanchez: Could I just -- RE.4, hold on. Chairman Teele: Now, is this the one where we're going to piggyback with the State? Joe Arriola (City Manager): Yes, sir. Mr. Korinis: This is a piggyback contract on -- with the State IT (Information Technology). Chairman Teele: For the implementation? Mr. Korinis: For the implementation. Mr. Arriola: Yes, sir. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: Is this -- this is a complete overhaul of the system? Hr. Korinis: Yes, sir. This replaces 25 -- Vice Chairman Sanchez: You know, we -- Mr. Korinis: This replaces 20 to 25 existing systems. Vice Chairman Sanchez: Peter, believe me, we have made -- we've gone from 0 to 60 in less than a second, and the process is that, once again -- Commissioner Winton: Gone in (UNINTELLIGIBLE). Vice Chairman Sanchez: You know, there's an old saying that says, you know, either you grab a hold of technology or technology is going to grab a hold of you, and we simplify things through technology. You may not agree on the Internet, because we're bombarded with information, but you're also bombarded with so much useless junk, but -- Commissioner Winton: What's the companion item number? Commissioner Regalado: RE.4. Chairman Teele: It's the companion item. Commissioner Winton: Oh. Oh, RE.4. OK, got it. Hr. Korinis: Sir -- Commissioner, this really becomes the foundation for all of the improvements in our business processes, the streamlining, all the efficiencies that we hope to get in those back office operations of HR (Human Resources) and Finance and Purchasing and Budgeting, et cetera. This becomes the core. It's an integrated system. We won't have all these other little systems; be able to provide good answers rapidly, et cetera. Commissioner Winton: Do we have a motion on RE.4? Vice Chairman Sanchez: So moved. Commissioner Winton: Second. Chairman Teele: Again, I'm putting my confidence -- my frust in you. I realize we're buying off a state contract, so that's obviously going to give us a much better unit price, based upon the state has a lot more volume than the City or any City's going to have, but this will only go into effect after you all negotiate the other confract; is that right? Hr. Korinis: Yes, sir. There's nothing to implement until we have purchased the new software. Chairman Teele: And, again, I think it's a credit to you of trying to pull a complete package together and bring it to us, and I certainly want to support that. Vice Chairman Sanchez: I think you need to put on the record -- it's almost the only way to do it . I mean, when you get down to technology and how it changes -- you know, you can't take a Volkswagen into a Ferrari dealership. I mean, you -- in other words, the equipment itself you have to go with certain companies that are able to maintain that type of equipment and are able to expand with that equipment, and I think what got us in trouble before was that we were getting -- going with companies, and then changing, and then we had to do away with everything we had City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 and start all over again, and now the process of IT is that you have to overcome, adapt to the technology as to the companies that are able to maintain that system. Mr. Korinis: Yes, sir. IfI may add, I mean, these are the absolute best companies, as we can determine, for this particular product. We will probably use this product for the next 20 years, given the history, and so we feel we really need to get the right product and get the best capabilities we can, and that's why we're picking these particular companies and implementers to do it, and these companies will be advancing their products. These are the biggest, most viable companies that do this, so they will want to stay in business. They will be making their product better and better, better, and we will take advantage of those improvements over the next 15 to 20 years. Vice Chairman Sanchez: Peter, that's -- those are the things that you need to -- you know, you needed to put on the record. Mr. Arriola: Commissioner, and let me add. One of the things that we're very concerned, if you look at our system today, the biggest problem is that there is no back up to our system because the people that they chose 15, 20 years ago are people that are no longer in business, so what we did is, we picked the four horses. I mean, this is the people that are out there. They're major corporations. These are the best companies out there, and they're going to be in business a long time. They're going to be improving their product for years and years and years, and we're going to have the advantage of that. Today, the information -- when you request information from me that cannot give you, is the result of somebody's decision 10 years ago. Around 10 years from now, the next Commission to say, whether we go with People Soft, or Oracle or whichever system we go in, this is a system that's going to be in place way after we're all gone from here, and they'll be able to buy the new technology right off the shelf without going through a very long process, an expensive process. Vice Chairman Sanchez: Well, as long as we don't make the same mistakes we made in the past. Mr. Arriola: We're not making this. We're going -- listen, if Oracle, or People Soft or Sap goes out of business, let me tell you, we won't have a City to worry about. Vice Chairman Sanchez: It's comfort to me that we're heading in the right direction when it comes to IT. Commissioner Winton: Call the question. Chairman Teele: All those in favor of the motion, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? Peter, again, I have confidence in what you all are doing. I don't necessarily have confidence in what we've just done, but -- Mr. Korinis: Well certainly bring it back to you. Chairman Teele: I just think -- you know, this is a part of the Arthur Andersoe Study, one of the cornerstones. What we're doing is, we're migrating our total system to a new system. I mean, I think it should be properly flagged that way. I think it should be very clear that that's what we're doing, and, again, I would encourage you to involve users. One of the problems in the Pentagon, one of the problems with big corporate structures is all of the generals meet and nobody goes out and ask the private in the field what they need. I would urge strongly that you all put some users, not labor representatives, per se, but some users on these committees that are making these recommendations, because with all due respect to you, and the Assistance City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Managers, and Deputy Chiefs, to this, that and the other, most of them are not there on those computers eight hours a day or whatever, and I would strongly urge you all to get users in your top committees that are analyzing everything. Mr. Arriola: Commissioner, we have gone through that process. Everything that we're going to be doing has been the product of a lot, a lot of labor, not from the Chief not from the Directors, but from the Managers and Assistant Managers, and users. We've gone through a very, very long eight, nine month process, where down to the bottom of the folks are -- and the decision we're going to make, by the way, are based on the opinion of everybody from the bottom up. Mr. Korinis: And ifI might add, one of the steps we -- we'll still go through are scripted scenarios where our users, the exact people you're talking about, Mr. Chairman, will be sitting on those machines and evaluating the capabilities of the product. Chairman Teele: Very important. Thank you very much. City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 BOARDS AND COMMITTEES BC.1 03-0003 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Charles Cutler Chairman Arthur Teele, Jr. 03-0003-memo-1.doc 03-0003-list-2.doc 03-0003-applications-3. pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0228 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously to appoint Charles Cutler as a member of the Overtown Advisory Board. Direction to the City Clerk by Chairman Teele to arrange for a proclamation to be given to Rosa Green for her years of service on the Overtown Advisory Board. [Note: Clerk contacted office of protocol on April 9, 2004 to arrange proclamation for Rosa Green.] Chairman Teele: We would like to try to clear up the items relating to Commission and committee appointments before Commissioner Regalado leaves. We have a very short period of time, and then we'll take up the stable and any other item. We'll temporarily pass BC.1, or if you would nominate Mr. Cutler on my behalf I would be grateful. Commissioner Regalado: Yes, sir. Chairman Teele: Charles Cutler. Commissioner Regalado: Charles Cutler in the -- we're talking BC.2? Chairman Teele: BC.1. Commissioner Regalado: Oh, BC.1. Chairman Teele: That's Overtown. Commissioner Regalado: Overtown Advisory Board, Charles Cutler, nominated by Chairman Arthur Teele. I so move. Commissioner Gonzalez: Second. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Opposed? Madam Clerk, would you arrange for a proclamation, et cetera, for Ms. Rosa Green, who served on that board, I think, for three years -- four years for me? BC.2 03-0233 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur Teele 03-0233-memo-1.doc 03-0233 applications-3.pdf DEFERRED No appointments were made. Chairman Teele: All right, BC.2. Commissioner Regalado: I would -- you want to proffer a name? Vice Chairman Sanchez: It's your appointee. Chairman Teele: Is that me? That's me? Temporarily pass it. BC.3 04-00024 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Camilo Alvarado Boshell Commissioner Angel Gonzalez (appointment deferred) Commissioner Tomas Regalado City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 04-00024-memo-1.doc 04-00024-members-2.doc 04-00024 - residency - 3.pdf 04-00024 - applications - 4.pdf 04-00024-Resignation-5.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0229 A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, to appoint Camilo Albarado Boshell as a member of the Historic and Environmental Preservation Board. Note for the Record: Commissioner Regalado deferred his appointment. Chairman Teele: BC.3, Commissioner Regalado and Commissioner Gonzalez. Commissioner Regalado: I defer to the next meeting this appointment. Chairman Teele: Or later on today, either one. Commissioner Gonzalez. Commissioner Gonzalez: Juan Camilo Alvarado Boshell. Chairman Teele: Is there a second? Commissioner Regalado: Second. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. BC.4 04-00175 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Felice Dubin Commissioner Angel Gonzalez Alfredo Richard Commissioner Johnny Winton Lee Cohen Commissioner Tomas Regalado City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Luis Palomo Vice Chairman Joe Sanchez Shelley Greenidge Chairman Arthur Teele Shirley Richardson Chairman Arthur Teele Seth Gordon Mayor Manuel Diaz Pablo Cejas Mayor Manuel Diaz Claudia Puig Mayor Manuel Diaz George Lindemann Mayor Manuel Diaz (No Appointment Made) Mayor Manuel Diaz 04-00175-memo-1.doc 04-00175-members-2.doc Motion by Chairman Teele, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0230 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Luis Palomo as a member of the Art and Entertainment Council. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously to appoint Felice Dubin as a member of the Arts and Entertainment Council A motion was made by Commissioner Winton, seconded by Commissioner Regalado and was passed unanimously, to appoint Alfredo Richard as a member of the Arts and Entertainment Council; further waiving the residency requirements in Section 2-884 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Alfredo Richard's appointment to the Arts and Entertainment Council. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Lee Cohen as a member of the Arts and Entertainment Council. A motion was made by Commissioner Teele, seconded by Commissioner Regalado, and was passed unanimously, to appoint Nicole Greenrich as a member of the Arts and Entertainment Council. A motion was made by Commissioner Teele, seconded by Commissioner Winton, and was passed unanimously, to appoint Shirley Richardson as a member of the Arts and Entertainment Council; further waiving the residency requirements in Section 2-884 of the Code of the City ofMiami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Shirley Richardson's appointment to the Arts and Entertainment Council. Chairman Teele: BC.5. Commissioner Regalado: BC.4. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: What about 4? Chairman Teele: I'm sorry. BC.4. I don't have a BC.4. Where is BC.4? Commissioner Winton: That's the Arts and Entertainment. Joel Maxwell (Deputy City Attorney): Arts and Entertainment. Chairman Teele: Arts and Entertainment. Mr. Maxwell: Arts and Entertainment. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: I would like to reappoint, Madam Clerk, Luis Palomo. So move. Commissioner Gonzalez: Second. Chairman Teele: Does this require residencies? Mr. Maxwell: Yes. It can be waived. Priscilla A. Thompson (City Clerk): Yes, it does, but you can give a 4/5ths waiver. Chairman Teele: Do any of yours require waiver? Vice Chairman Sanchez: No, sir. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: That's it for me. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I'll reappoint Felice Dubin, who is a City resident. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Commissioner Winton. Commissioner Winton: Reappoint Alfredo Richard. I don't -- I think he lives on the Beach, but I'm not sure. Chairman Teele: With a waiver. City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: Yeah, with a waiver, in case. Chairman Teele: All right. Commissioner Regalado: So move. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Commissioner Regalado. Commissioner Regalado: Lee Cohen, City resident. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And Commissioner Sanchez, would you -- Commissioner Gonzalez, would you preside and recognize me to make two appointments? Commissioner Gonzalez: Yes, sir. You are recognized. Chairman Teele: Thank you, Mr. Chairman. I recognize Nicole Greenridge, a City ofMiami resident. Commissioner Regalado: Move. Second. Chairman Teele: Move. Commissioner Gonzalez: Call the motion. Commissioner Regalado: Second. Commissioner Gonzalez: And a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Regalado: And I recommend Shirley Richardson, who is a resident right outside of the City, with a waiver. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: The motion carries. Chairman Teele: All right. And the Chair is retaken. BC.5 04-00176 RESOLUTION City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: John Jones Commissioner Tomas Regalado Anthony Cantey Commissioner Tomas Regalado CONFIRMATIONS: Maria Bao Commission At -Large (Representative of AFSCME Local 1907) Viona Browne Commission At -Large (Representative of Fraternal Order of Police) 04-00176-memo-1 .doc 04-00176-members-2.doc 04-00176 - Bao letter - 3.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0231 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to confirm the appointments ofMaria Bao and Viona Browne as members of the Equal Opportunity Advisory Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, to appoint Anthony Cantey and John Jones as members of the Equal Opportunity Advisory Board. Vice Chairman Sanchez: Are we on BC.6? Chairman Teele: BC.5. Is there a recommendation to confirm the at -large appointments of Maria Bao and Officer Violet -- Viona Browne, B-R-O-W-N-E, representing the Fraternal Order of Police? Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chairman Teele: Moved and second to confirm the Commission -- the appointments at large as stated by the AFSCME (American Federation of State, County and Municipal Employees) and the FOP (Fraternal Order of Police). All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado, why do you have two nominations? City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: Anthony Cantey and John Jones. Chairman Teele: Is there a second? Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? BC.6 04-00185 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Milagros Loyal (No Appointment Made) Robert Flanders Rick Walsh (No Appointment Made) (No Appointment Made) Sallye Jude (No Appointment Made) Sonny Armbrister Albena Sumner (No Appointment Made) Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Johnny Winton Commissioner Johnny Winton Commissioner Tomas Regalado Commissioner Tomas Regalado Vice Chairman Joe Sanchez Vice Chairman Joe Sanchez Chairman Arthur Teele Chairman Arthur Teele Mayor Manuel Diaz 04-00185-memo-1.doc 04-00185-members-2.doc 04-00185 - resignation-3.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0232 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appointMilagros Loyal as a member of the Parks Advisory Board. Note for the Record: Commissioner Gonzalez deferred his second appointment. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Robert Flanders and Rick Walsh as members of the Parks Advisory Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Sallye Jude as a member of the Parks Advisory Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint SonnyArmbrister and Albeana Sumner as members of the Parks Advisory Board. Chairman Teele: All right. Commissioner Regalado, do you want to do your BC. 6 appointments? Commissioner Regalado: Yes, but I have to leave so -- Chairman Teele: Parks Advisory Board. Commissioner Regalado: Yeah. Before I leave, I will defer that to the next meeting, but before I leave -- Chairman Teele: Would you like to make your MSEA (Miami Sports and Exhibition Authority) appointments? Commissioner Regalado: Yes, I would like to make the MSEA appointment, but it's not here, is it? Commissioner Winton: He doesn't have any. Commissioner Regalado: No, it's not here. Commissioner Winton: That's only Gonzalez on MSEA. Vice Chairman Sanchez: So move 7B. Chairman Teele: And on the Community Relations Board, who has appointments? Commissioner Winton: Just Angel and I. Priscilla A. Thompson (City Clerk): Winton and Gonzalez. Chairman Teele: Huh? All right. Let's just go back, as Commissioner Sanchez has recommended, to the order of the day. Our colleague has departed. We left off I think -- City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: BC.6. Chairman Teele: -- at 5. Did we finish 5? Commissioner Winton: Yeah, we finished 5. Chairman Teele: OK, on BC.6, Parks. Commissioner? Commissioner Gonzalez: I will appoint Milagros Loyal, andl will defer the other appointment. Vice Chairman Sanchez: So move. Commissioner Winton: Second. Chairman Teele: You are reappointing Milagros Loyal. Moved and seconded. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Commissioner Winton? Commissioner Winton: Reappoint Bob Flanders and Rick Walsh. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Vice Chairman Sanchez? Vice Chairman Sanchez: I would like to reappoint Sally Jude. So move. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And would someone nominate, please, on my behalf Armbrister and -- reappointing Armbrister and Albena Sumner. Vice Chairman Sanchez: So move. Commissioner Winton: Second. Commissioner Gonzalez: Second. Chairman Teele: Moved by Vice Chairman Sanchez, seconded by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? All right. BC.7 04-00187 RESOLUTION City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez (No Appointment Made) Commissioner Angel Gonzalez 04-00187-memo-1 .doc 04-00187-member-2.doc Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0233 A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Commissioner Gonzalez as a member of the Miami Sports & Exhibition Authority. Note for the Record: Commisisoner Gonzalez deferred his second appointment. Chairman Teele: On MSEA (Miami Sports and Exhibition Authority) -- Commissioner Winton: Just Angel has appointments. Chairman Teele: -- Commissioner Sanchez. Commissioner Winton: No. Gonzalez. Chairman Teele: Vice Chairman Sanchez. Commissioner Winton: I don't see him -- Vice Chairman Sanchez: I don't have any appointments. It's -- Angel Gonzalez has both appointments. Commissioner Winton: Only Gonzalez. Commissioner Gonzalez: I will reappoint myself and I will defer the other appointment. Commissioner Winton: I would move Commissioner Gonzalez. Vice Chairman Sanchez: Second. Chairman Teele: You laying in wait? Commissioner Winton: Huh? Chairman Teele: Are you laying -- City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: No. He said he wanted to, so I'm happy to move for him. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: I'm talking about 5/5ths vote. Commissioner Winton: Oh. Chairman Teele: Is that what you're laying in wait for? Commissioner Winton: Oh. I didn't -- no, I hadn't thought about that at all. I wasn't thinking about that. Chairman Teele: OK. Commissioner Gonzalez: I'm working on that, believe me, I am, because I want to make sure that -- Chairman Teele: That was BC. 7. Commissioner Winton: By the way, Angel, I'm OK Chairman Teele: BC.8 -- Commissioner Gonzalez: Huh? Commissioner Winton: I'm OK. I don't care. Chairman Teele: -- will be temporarily passed. Commissioner Winton: I made my point. Chairman Teele: BC.9, we've taken up. BC.8 04-00188 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chairman Arthur E. Teele, Jr. 04-00188-memo-1.doc 04-00188-list-2.doc 04-00188-resignation-3. pdf NO ACTION TAKEN No action taken. BC.9 04-00198 RESOLUTION City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Term Expiration Date: Brenda Shapiro January 23, 2007 Fred St. Amand January 23, 2007 Larry Handfield January 23, 2007 Rodolfo H. De La Guardia January 23, 2007 04-00198-memo-1.doc 04-00198-members-2.doc 04-00198 - nominations - 3.pdf Motion by Vice Chairman Sanchez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0237 A motion was made by Commissioner Sanchez, seconded by Commissioner Winton, and was passed unanimously, to appoint Brenda Shapiro, Fred St. Amad, Larry Handfield, and Rodolfo H. De La Guardia, as members of the Civilian Investigative Panel. Chairman Teele: All right, hold it. Before you leave, on the CIP (Civilian Investigative Panel), Civilian Independent Panel -- Vice Chairman Sanchez: Mr. Chairman. Chairman Teele: Could we go to BC.6, which is the next step? Chairman Teele: Well, I was frying to get those things that Commissioner Regalado -- before he leaves, if it's all right with you. Vice Chairman Sanchez: It's fine with me. Chairman Teele: Commissioner Regalado, on the Civilian Independent Panel, the board is recommending reappointment of four names: Brenda Shapiro, Fred St. Amand, Larry Handfield and Adolfo de la Guardia, as in La Guardia Airport, La Guardia. Is there any objection by anybody on the Commission? We've got five Commission members on the CIP. I just think we ought to have all five people here before we do something like -- Commissioner Winton: I have no objection to any of them. Commissioner Regalado: I have no objection at all. Chairman Teele: Is there a motion? Vice Chairman Sanchez: So move. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? OK BC.10 04-00253 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chantal C. Meo Commissioner Johnny Winton (January 31, 2006 - unexpired) Wilfredo Calvino Commissioner Angel Gonzalez (January 31, 2006 - unexpired) 04-00253-memo-1.doc 04-00253-MEMBERS-2.doc 04-00253 - residency-3.pdf Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0238 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Chantal Mao as a member of the Community Relations Board. A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Wilfredo Calvino, Jr. as a member of the Community Relations Board; further waiving the residency requirements in Section 2-884 of the Code of the City ofMiami, as amended by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Wilfredo Calvino as a member of the Community Relations Board. Chairman Teele: BC. 10, Community Relations Board. Commissioner Winton has one vacancy. Commissioner Winton: Yes. Chairman Teele: And Commissioner Gonzalez has one nomination. Commissioner Winton: Chantal Meo. Chairman Teele: Is there a second for Chantal Meo? City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Very good appointment. Commissioner Gonzalez. Commissioner Gonzalez: I will reappoint Wilfredo Calvino, butl need a waiver for him. Vice Chairman Sanchez: So move. Commissioner Winton: Second. Vice Chairman Sanchez: And so move the waiver. Chairman Teele: Moved by Commissioner Gonzalez, second by Commissioner Sanchez with a waiver. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. BC.11 04-00268 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE SOUTH FLORIDA WORKFORCE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gilda Ferradaz Commission At -Large 04-00268-memo-1.doc 04-00268-MEMBERS-2.doc Motion by Commissioner Winton, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0239 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Gilda Ferradaz as a member of the South Florida Workforce Board. Chairman Teele: And BC.11 is the South Florida Work Force Board. Commissioner Winton: Gilda Ferradaz. Chairman Teele: The administration is requesting a Commission -at -large to appoint Gilda Ferradaz, Acting Director of Program. City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: So move. Chairman Teele: Is -- to replace Jennifer Lange. Is there a motion to -- Commissioner Winton: So move. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Does Bill Riley come to meetings, Ms. Rodriguez? Barbara Rodriguez (Director, Community Development): Yes. Chairman Teele: Do we have any of our people that are not showing up? Ms. Rodriguez: No. Chairman Teele: And are they cooperative with you? OK, fine. City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 DISCUSSION ITEMS DI.1 04-00267 DISCUSSION ITEM A DISCUSSION CENCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00267 - Cover Memo.pdf DISCUSSED Direction to the Adminisfration by Chairman Teele to look at the City's entire water and sewer fee structure to ensure that the fees are not exceeding the services and that the County is not using this as a profit -gaining mechanism; further requesting that the City engage a financial advisor to give the Commission advice on how to use the Orange Bowl more effectively in terms of revenue streams. Direction to the Adminisfration by Vice Chairman Sanchez to address the following two issues: identify the projected revenues for the future demand of services and increase of new projects and the long-term liability of the City for funding of its pensions and how the City plans to ensure that the pension costs will not dilute the strategic reserves. Direction to the Adminisfration by Commissioner Winton to provide him with an in-depth analysis on the long term impact of our current pension system. Chairman Teele: All right. DI.1, followed by "DI" whatever. Larry Spring: Commissioner, Larry Spring, Chief of Strategic Planning, Budgeting and Performance. As of our February month -end closing, our forecasts indicate that we are exceeding our budgeted revenues by approximately five hundred thousand dollars in various categories, particularly, charges for services, licensing and permitting. In regards to our forecasted expenditure, we still have the issue of over -time, which is being monitored by my office and the different departments. The City Manager has directed the problem areas to come up with an operating plan that will help bring those expenses back into control. Additionally, of course, we're still waiting on the reimbursement of over -time costs from the FTAA (Free Trade Area of the Americas), which should be finalized shortly, and finally, our forecast also indicate that we will have an issue with our pensions to the tune of about three point seven million dollars for the COLA (Cost of Living Allowance) payment on FIPO (Firefighters and Police Officers). Other than that, that -- actually, that report has been distributed, via e-mail, and the numbers are in the report. That's my report. Chairman Teele: Do we have any documentation before us? Mr. Spring: Not before you, but the actual monthly financial report was e-mailed out by the Finance Department, so, if you like, I can -- Chairman Teele: See, Johnny, they're trying to elect you and me. That's what's happening. Commissioner Winton: It worked. Chairman Teele: Do we have any deficiencies in our projected income? When I say deficiencies, any below projected -- Mr. Spring: In the area of delinquent tax collection, I think we're off about a half a million dollars, but there again, it is being -- that deficient revenue collection is being sufficiently offset City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 by increases in licensing and permit and charges for services. Chairman Teele: All right. Are we in excess in any area or have we found any new sources of revenue? There appears to be an altercation. It appears that the Manager has just hit another person in the head. Commissioner Regalado: He's known for doing that. Chairman Teele: Known as Luis Rojas. It's only a joke, folks. Nobody move. Commissioner Winton: Yeah. You can't say that in this -- Chairman Teele: You can't say that -- Commissioner Winton: In this -- yeah. Chairman Teele: -- in this arena, no. Commissioner Winton: Somebody would consider that to be true. Chairman Teele: Given the history, it might be true. Commissioner Regalado: Especially with the history. Commissioner Winton: Yeah. Mr. Spring: Could you repeat your question again? I think it was in relation to new revenues being -- Chairman Teele: No. I was saying that he was hit. Mr. Spring: Oh. Chairman Teele: But it's no problem. He appears to be enjoying it. He was smiling. No. I said, are there any new sources of revenue that have come on line or unanticipated revenue, or any revenue in excess of projection? Mr. Spring: Just the ones I referred to already, which are licensing and permitting. Obviously, because of all the construction and things going on, particularly in the area ofMajor Use Special Permits, charges for services that are performing better. We finalized our contract with Key Biscayne, the supplemental emergency, which was an increase there, which you approved to the tune of about twenty thousand dollars, but nothing major at this point in time. Chairman Teele: Well, let me caution you about your statement. Unlike the County, the City should comply with the state law, and your revenues for fees should not be in excess of the cost of providing the service. One of the things that -- so the Major Use Special Permits, for example, maybe we need to reduce the fees or increase the service, but you cannot use those areas as revenue profit streams. Now, the County has been doing that for years and getting away with it, particularly in the area of water and sewer, but fees cannot exceed the cost of providing the service, and if they are, then we need to look at that. Now, there's a whole lot of things we can do, and that is, one of the things we can do is look at how we can ascribe fees to certain positions. You know, I don't know how much, for example, of Building and Zoning is paid by the General Fund slash versus fees -- Mr. Spring: The revenue. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: -- or revenue, but we should look at that as we go along, and I would suggest to you that given the boom that's going on, we really should look at doing some of that. Mr. Spring: Well, I would like to state on the record that at this time, I don't believe that our expenses related to providing that service -- excuse me, the revenue that we're getting in to provide that service exceeds the expenditure -- Chairman Teele: All right. We just need to be very careful with that. Mr. Spring: OK, absolutely. Chairman Teele: And dumping those fees into the General Fund doesn't change anything, you know. The rule is the rule, and I've urged the City Attorney for years to sit down with Hialeah and other cities, and look at the whole water and sewer fee structure, because it really is something that is of a -- just a clear question of state law, but, you know, the Auditor General and all these people, we look at -- but the big stuff you know, we swallow the ants and the elephants are walking abound. The biggest number out here is the water and sewer fees. That's the biggest number out here. All right. Further discussions? What about sfrategic reserves and the -- sfrategic reserves and whether or not we're looking at outlaying some of our reserves consistent with the Five -Year Plan? Mr. Spring: That information, I'm still getting together, per your request in our private meeting, and we'll be coming back with you with a full report on that. Chairman Teele: Well, one of the things I think that's pretty clear is that we have some strategic reserves. We have a commitment to do certain things and the strategic reserves should not be used to replace, for example, roofs and gangplanks, et cetera. I don't know where we are with -- and this may not be the right time, but I would like to put on the record for my colleague, I think that the Orange Bowl issue and where we're going with that really needs to get more analysis, and I met with the Mayor yesterday and urged that he ask the Director -- the Assistant Manager for finance to engage a financial advisor, an FA, to give us more advice on how we can look at the Orange Bowl in a different light so that we can move more dollars into the development, because I think, as the development around the City moves forward, the development in the area -- I guess that's Commissioner Sanchez' disfrict. You have the Orange Bowl in your disfrict? Although I drive by it every day -- is an area, you know, that is ripe for some redevelopment and development, and I think we need to begin to start looking at how we can bring other revenue streams to bear on the Orange Bowl, but Commissioner Sanchez, it's sort of your disfrict and it was just a conversation that I had with the Mayor, and I wanted to make it, you know, public to you that I really do think we ought to look at other revenue streams that can be put in there. Vice Chairman Sanchez: We're working on that. Are you done? Chairman Teele: Yes, I'm done. Vice Chairman Sanchez: On the matter, Commissioner -- Chairman Teele focused on an analysis. Do we do yearly analysis as to the concern that he brought up, pertaining to revenues versus services, to make sure that we don't go over? Mr. Spring: Yes, we do. Vice Chairman Sanchez: So every year. Let me -- one of the reasons why I think this City is a new City is because, in the past, we didn't have these discussions pertaining to a very important matter, which is our finances. Maybe that's why, in the past, the City got in trouble with its finances, and now we're having these public, open debates, where people in Net 9 and the media City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 are here to, you know, find out exactly the standing of the City, although we're doing much, much better on the projections of all the projects, and I'm glad to say that one point seven billion dollars in capital projects that are going up and projected -- God knows, the twelve -- in the Mayor's State of the City Address, he stated approximately about twelve billion dollars in projects that are in the works now to go out and be developed. One of the concerns that always brought with, have we ever analyzed as to, based on a formula, to the incoming revenues that are being projected in the City with all these projects? I know they take a year or two to come in line, but think we need to be looking at it. If we don't have a process where we could identify -- in the next couple of years, we're looking at ad -valorem taxes coming in "X" amount of dollars, because this is a domino effect, and I want you to understand that. As the City grows, the City's going to have to provide more services. That's just the bottom line, and we need to be looking at that, and one of the things is, we could talk about the future of the City and we could sit here and listen to you say, "Hey, everything's fine and dandy; there are no reported conditions; nothing out of the norm, " which you've already stated that for the record, but my concern is that, not based on a short-term projection as to the revenues that will be coming in, based on the demand of services that we would have to provide for these new buildings that are coming into this City. That's a concern that have that would like you to address. The other issue, one that has always been a concern to me is the long-term liability for the City. We want to make sure that we do have sufficient funds to meet any expectations that may come up, for the simple reason that we're self -insured and we have to have that there. The other issue that no one wants to touch and I think you need to touch on is a concern of the pensions coming up. I mean, nobody wants to touch that. Let's be realistic. Everybody knows that we're going to have to come up with some money for the pensions and it's going to basically dilute a lot of our reserves, so that's something that we need to talk. We could discuss it here or I could give you ample time to come back when we do have these discussions, which I think are very healthy; healthy for this legislative body, healthy for the administration, healthy for the government itself and healthy for the people that are out there, the stakeholders in our City that are watching and keeping abroad of what's going on in the City, but want you to touch on two issues today. One is the long-term liability, to make sure that we are prepared for whatever happens to the City, and one is that the City has anything projected as to comparable, as to revenues being brought in by these new projects that are online -- capital improvement of one point seven billion dollars -- as to the demand of services that will be provided to all these new infrastructures. Mr. Spring: To address that specifically, in regards to actually doing a very vetted out analysis of adding thirty thousand dollars -- I mean, 30,000 residential units and how many more police, garbage service and everything, the question has definitely been asked, and right now we've been trying to look at a means of figuring out how do you build that factor of OK, bringing on those units? The other issue with that is the timing. A lot of that timing is out of the City's control. It is in the control of the developer, as you -- you know, as you well know, so we're right now -- and we've had this discussion with the CFO (Chief Financial Officer), the Mayor, the Manager -- how we get that number. As far as me having it right now, no, I don't, but it is a discussion that is being had. Vice Chairman Sanchez: It's being addressed, and the administration is focused on that matter -- Mr. Spring: We are focused on that matter. Vice Chairman Sanchez: -- because it's -- it won't be a problem today, butt guarantee you, it will be a problem two or three years from now -- Mr. Spring: Two or three years, absolutely, absolutely. Vice Chairman Sanchez: -- as to making sure that we do have the resources to be able to provide the service that will be needed in this City. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Spring: Correct. Vice Chairman Sanchez: Because, you know, everything is great when money's coming in and we tend to put it in the accounts, but, you know, there'll be consequences with that. Mr. Spring: Absolutely. With the issue of long-term liabilities, I'd like to have Linda address that. Linda Haskins (Chief Financial Officer): There is -- in the past, the City's done an annual review of the actuarial liability of our long -- actuarial value of our long-term liabilities, as it relates to things like workers comp and liability and that sort of thing. We are planning on doing that semi-annually now, because we are instituting processes to try to reduce that, to reduce our liabilities. One of the things that we've hit very hard, which is similar to what Commissioner Regalado brought up before is, when we have a report of a slip and fall, that there's an unsafe condition in the City -- cracked sidewalk, free roots and all of that -- we are, from the Risk Management side, as well, following up with Public Works, and we go out and we visit the site within two days, and we follow up to make sure that that's getting fixed. I think there is, in some reports in the past that -- you know, there was really not that follow up, so we're really frying to tie that down. Part of the Financial Integrity Ordinance has required that we reserve long-term liabilities at a certain rate, at about 50 percent. We are looking at what -- as part of the analysis of what can be done with strategic reserves, one of the things that we've looked at is how much do we really need to fund? Because we find we're funding well above other cities our size. We know we need to fund at least one year's. We want to fund more than one year's of liability, and once we get a better -- better projections of our ongoing liabilities -- and we're getting there very quickly -- we can come up with recommendations for the Commission to consider on that. When we look at other long-term liabilities, our biggest concern, more than anything, are the pensions. It goes back to the pensions. There have been some preliminary discussions with bargaining units regarding the pensions. We have asked our actuary to come up with suggestions on -- suggestions to work with the bargaining units on changing the way certain actuarial estimates are done in that, but certainly, in the near term, the biggest hurdle for the City will be and is the pension funding, and what that does to -- in the way of depleting strategic reserves in the short term versus being able to use those strategic reserves in other ways. We've gotten the preliminary numbers for our 2005 estimates on pension and they're quite -- they are going up again for 2005 versus 2004, and we don't anticipate that reducing in the near term, but certainly in the long-term, it will, but in the near term, we have some large funding needs -- Vice Chairman Sanchez: That's -- Ms. Haskins: -- or pensions. Vice Chairman Sanchez: -- a concern for the City, but on that matter, I just want to emphasize that all these items need to be discussed, and you gave me a perfect example, Risk Management. For many, many years, we were faced with the crisis of Risk Management. Why? Because I felt it wasn't debated in an open forum here in front of this legislative body. You know, it's the old saying, "Sweep it under the rug because it's a problem or "Out of sight, out of mind," and you know, those things catch up to you, and that's why Risk Management got to a point where we had to address it. We had to take drastic steps to reduce it, and all these items, including finances, which is something that is one of the most important factors of this City, which we discuss just about in every Commission meeting. There's a discussion item on it, but also, we should be looking at -- on a quarterly basis, focused on Risk Management, long-term liability, pensions, which people don't want to talk about until the issue comes. I think we should be in an open field . I mean, we should be discussing all these items openly because it just -- it affects everybody when they're surprised with the outcome, so I know that the City -- on the statements that you've City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 put on the record today, you stated that the City is in good financial conditions. You stated there's nothing out of the norm or you report no reporting conditions, but you stated that pension is a problem, long-term liability could be a problem if we don't focus on it, and, of course, Risk Management could also be a problem if we don't maintain putting the necessary resources to tackle that problem. Thank you. Mr. Spring: Thank you. Commissioner Winton: Mr. Chairman. Chairman Teele: Commissioner Sanchez -- Commissioner Winton. Commissioner Winton: I didn't hear anything about the in-depth analysis that I thought that we had hired consultants to do on the long-term impact of our current, not only the -- not the annualized pension dollars that you have to make adjustments on the basis of returns for, but the long-term impact of the way our entire pension system works within the City ofMiami. If you take all of the employees you have on board today, and you project how many employees you're going to have over the next 10 years, and you run an historical analysis to determine the age at which employees have historically retired and the amount of retirement money they get, what's the impact on this City 20 years from now? Now, I thought -- let me rephrase this. I know that this Commission passed a resolution directing the then City Manager -- we passed two or three resolutions that are probably two and a half to three years old, and I know that after Joe got here, we've had discussion about it, and I know that I've been told that we've hired the consultant that's doing that work, but I didn't hear anything about that. Maybe it was just an oversight. Ms. Haskins: Commissioner, we have that. The pension analysis has been completed. That will be part of the discussion as we go in -- we'll bring that into the -- as well as the compensation, just the base compensation analysis. What was done with the pension was to reduce it to what percentage of pay -- because a lot of the pension depends on -- in terms of costs -- depends on what the future pay is, and the future pay moves with negotiations, so what we have is that, based on this benefit, the benefits that are in the plans today, what percentage of pay can we expect to pay for pensions? That works out to, for this City -- for the City's contribution, excluding the employees' contribution, about 20.6 percent of pay for Fire and Police, and it turns out to be -- I think it was 8.1 or 8.2 percent as a percentage of pay for general employees and sanitation employees. Commissioner Winton: I would like to see the analysis, so could you -- Ms. Haskins: I can forward it to all the Commissioners. Commissioner Winton: Yeah, and I'd like to sit and talk to you about it, because I want you to walk me through the analysis so I have a clearer view of what those numbers are looking like. Ms. Haskins: Yes. Commissioner Winton: Thank you. Commissioner Regalado: Mr. Chairman, just a question. Now that we're talking revenues, the last November, the voters approved the extension of the lease of the Rusty Pelican, and that is part of new revenues for the City, whenever the contract -- the new contract kicks -- but it's been four months and we haven't heard anything. The contract has to come back to the City Commission, so how long would that take? Ms. Haskins: The contract is -- the City Attorney is finalizing their review. Rusty Pelican submitted their response somewhere near the end of February, I believe. They were finalizing City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 the CityAttorney's review on that. Once that's done, we need to submit that to the state of Florida for the continuation -- for the waiver of the deed restriction on that property. The state of Florida will not consider the application until the contract is done. We would like to bring the contract -- we're hoping to bring the contract in May to the Commission for final approval. Commissioner Regalado: Because, you know, we campaign for that, and sometime somebody is going to ask, well, whatever happened to the new money that we were promised from the Rusty Pelican? And we just need to know what is going on. Ms. Haskins: We've moved expeditiously on that. We want the revenue, as well. Commissioner Regalado: Mr. Chairman, I finished here. Chairman Teele: All right. Thank you very much. Mr. Spring: Thank you. DI.2 04-00284 DISCUSSION ITEM UPDATE REGARDING THE STATUS OF SITE SELECTION, ESTIMATED CONSTRUCTION COSTS, AND CONSTRUCTION TIMELINE FOR THE MOUNTED PATROL UNIT'S STABLES. 04-00284-cover pg.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Regalado absent, to DEFER item DI.2 and hold the plans regarding the police horse stables until the Manager briefs every commissioner beginning with district commissioner on said matter; further directing the Manager to allot the mounted patrol equally per district. Chairman Teele: All right. We have the -- are there any other board appointments that anyone would like to make? If not, we have the horse stable. Horse country. Commissioner Winton: Got to be a horse in there somewhere. Vice Chairman Sanchez: All right. Alfalfa. Chairman Teele: Who's the horse guy? Deputy Chief Frank Fernandez (Police): I'm the horse guy. Joe Arriola (City Manager): Two Commissioners at the end are the horse guys. Vice Chairman Sanchez: Hey, don't be pointing fingers, man. Chairman Teele: What's the update on Condoleezza Rice? Is she blowing them away? Is she doing great? Unidentified Speaker: It should be over now. Chairman Teele: No. It's still going on, isn't it? Vice Chairman Sanchez: She's holding on. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: She's holding on? Vice Chairman Sanchez: All right. Chief Fernandez: Good morning, Commissioner. Frank Fernandez, Deputy Chief Miami Police Department, and thank you very much for offering me the opportunity to come here today and explain to you about our mounted detail. We proposed a plan to the City Manager to relocate the mounted unit on the south side of the station. If you're familiar with the parking lot, when you pull in for our visitors, it's between the school and the parking lot. There's a vacant lot that we currently use for our K-9 area for training. We've had an architect pro bono come in and design the whole thing for us. Seems like a really good fit right in that spot in there. We've also been working with Capital Improvement, and also Zoning, and Inspections Department. Everything seems to be right on line. We've done a demonstration and a review of the whole plan to the City Manager, as well as other members of the City and everything seems to be on board. At this point where we're at right now is, we're still in the planning stages. We're still reviewing the budget, making sure everything is on line. We plan on meeting with each and every one of you individually to explain specifically and in detail how it is that we're going to fund this and what it's going to look like once it's all done. Chairman Teele: Let me get this sfraight. Chief Fernandez: Yes, sir. Chairman Teele: You're going to put a horse stable right next to a school. Commissioner Winton: An elementary charter school. Chairman Teele: An elementary charter school. I want to get this sfraight. Chief Fernandez: Yes, sir. Chairman Teele: Now, you're going to put a horse stable -- (INAUDIBLE COMMENT) Chairman Teele: Obviously, I have not been briefed on this. Chief Fernandez: Yes, sir. Vice Chairman Sanchez: These horses live better than you and I. Chief Fernandez: But we intend on briefing each and every one of the Commissioners individually, and actually, ifI -- if the time allows in your schedule, we'd actually like to -- want to take you out there and show you what it would look like. Yes, sir. Commissioner Winton: It happens to -- you know, I happen to, I think, represent that part of downtown. Chairman Teele: Well, obviously, this is your proposal, something you're comfortable with. Vice Chairman Sanchez: I know you have been briefed on it. Commissioner Winton: Yeah, yeah, I don't think I've been --I think there's been some briefs, but it ain't that brief -- City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chief Fernandez: No, we have not. We're still in the planning stage of it. It's up for discussion today on where we're going, which direction we're heading. Chairman Teele: Motion -- Chief Fernandez: This is the direction we're heading. Chairman Teele: A motion to request the City management to put all plans on hold until the Commission has been briefed -- Commissioner Winton: Second. Chairman Teele: -- starting with the Commissioner of the district. Commissioner Winton: Second. Chief Fernandez: Absolutely, I agree. Chairman Teele: Is it our motion? Commissioner Winton: Yes, motion. Absolutely. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chief Fernandez: I agree. Commissioner Winton: Thank you. Commissioner Gonzalez: Some people believe that things happen here and other people don't know what's going on, and we all know what's going on here. Chief Fernandez: But Commissioner, ifI may, we're not anywhere near done with this yet. Chairman Teele: I swear to God, I didn't know. Commissioner Winton: That's a good idea. Commissioner Gonzalez: You were not aware? Commissioner Winton: That's a very good idea. Chief Fernandez: No, but we're not anywhere done, and we didn't have any intention of coming before you today. Commissioner Gonzalez: Let me tell you, I -- the City ofMiami -- Chairman Teele: Who put it on the agenda? Chief Fernandez: I have no idea. We're not -- we didn't put it on the agenda. City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Who put this on the agenda? Chief Fernandez: I believe -- Chairman Teele: I will tell you, Frank, I wouldn't kid you. I had no idea of where you all were going to -- Chief Fernandez: Well, Commissioner, I am not prepared to present it to you today. I know I met with Commissioner Gonzalez, and I wanted to actually walk it through with you. Commissioner Gonzalez: About a month ago, you told me you wanted to meet with me. Chief Fernandez: That's correct, yes, but we're still not done. Commissioner Gonzalez: I didn't have any meeting -- Chief Fernandez: No, because we're still not done. I want to make sure that everything is detailed. Chairman Teele: Motion to defer -- Chief Fernandez: I agree. Chairman Teele: -- and request the management to brief each of the Commissioners, commencing with the district Commissioner, has been moved and seconded. Is there objection or discussion? Commissioner Gonzalez: Discussion. Chairman Teele: Discussion. Chief Fernandez: IfI may, Commissioner -- Commissioner Gonzalez: On your plans, before you present your plans to me, I need two things, OK? I don't know about my colleagues on the Commission, but for this Commissioner, make sure that you have an equal amount of mounted patrol units per district. Chief Fernandez: Absolutely, that is in the plans. Unidentified Speaker: That is in the plans. Commissioner Gonzalez: That is going to be a number one issue with me. Unidentified Speaker: Oh, no, no. You got it. Commissioner Gonzalez: Huh? Chairman Teele: Yeah, but -- Chief Fernandez: That's in the plans. Commissioner Gonzalez: I'm not too sure I -- Chairman Teele: -- relatively equal. I mean, shouldn't downtown have more -- I mean, aren't horses really better for crowd control and crowd? Huh? City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chief Fernandez: Absolutely. Horses do provide a substantial support for crowd control, but, Mr. Chairman, ifI may, we did not bring this item up. I was asked to come up and explain to you where we're going. Vice Chairman Sanchez: Well, we took the right steps deferring the item. That's it. Chairman Teele: Well, we're saving you. Chief Fernandez: Oh, I know. Thank you very much. Chairman Teele: On the motion, all those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. The item is deferred until -- Chief Fernandez: I will be meeting with each and every one of the individuals to discuss this in detail, when we're prepared. Chairman Teele: Now, on the discussion item, Madam Manager, you want to tell us why we're reconsidering it and what the significance is? Commissioner Winton: Yeah. The first one was written wrong. Mary Conway: Mary Conway, CIP (Capital Improvements Program) and Transportation. The original resolution that was before you this morning had some of the figures incorrect. There are two items that are part of the resolution. One deals with the grant between the Department of Transportation and the City, and the second deals with increasing -- in a "not to exceed" -- increasing the contract amount for David Plummer and Associates, who is currently performing the PD&E (Planning, Design and Engineering) Study on the project. Chairman Teele: All right. Commissioner Winton: So move. Chairman Teele: For discussion. We have a motion of the substitute item being proposed by Commissioner Winton. Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: So this doesn't change anything. It clarifies everything? Ms. Conway: Yes. Chairman Teele: All right. On the motion, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. And is there a clarification, Mr. Manager, on how the stable -- how the horse jumped the stable? Is there a clarification? This item was being requested by my colleague, Commissioner Regalado, who is not here. Mr. Arriola: We're not ready for that. City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: So we're not ready for it, so -- Chief Fernandez: No, Commissioner, I didn't come here today at all prepared to even discuss the matter, other than to tell which direction we're going in but -- Chairman Teele: I think it was helpful. Commissioner Winton: Well, I would suggest you guys get real ready for the discussion. Chief Fernandez: Absolutely. I will be. I will be. Chairman Teele: I think it was helpful, especially since Commissioner Winton's not aware. Are there any other matters? Chief Fernandez: Like I said, we are not prepared for that right now. We're still in the planning stages. Mr. Arriola: I got some good pictures for you. Chairman Teele: Are there any other matters to come before the Commission this morning? If not, we stand recessed until 3 p.m. I think the term under Mason's -- what are we under, Roberts' or Mason's? Commissioner Winton: Mason's. Joel Maxwell (Deputy City Attorney): You're under Mason, sir. Chairman Teele: Huh? Commissioner Winton: Mason's. We're Mason's. Mr. Maxwell: You're under Mason's, Mason's Rules of Legislative Procedures. Chairman Teele: I think under Mason's, the term is not recess but -- Mr. Maxwell: You adjourn to. Chairman Teele: -- adjourn, and I never liked that word for a recess, so we'll be back at 3 p.m. Mr. Maxwell: 3 o'clock. Chairman Teele: Thank you. Commissioner Winton: I thought it was 2:45. I thought -- Commissioner, it says 2:45 here on the executive session. Chairman Teele: Yeah, but we'll just come back at 3. Commissioner Winton: Fine. Chairman Teele: And defer the -- Commissioner Winton: OK. DI.3 04-00313 DISCUSSION ITEM City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PRESENTATION CONCERNING THE STATUS OF HISTORIC PRESERVATION IN THE CITY. 04-00313- cover memo.pdf State of Historic Preservation.ppt DISCUSSED Direction to the Administration and City Attorney by Chairman Teele to sit down with officials from the Department of Housing and Urban Development (HUD) to determine exactly what the historic preservation law requires and whether or not there is a procedure, other than a building by building determination, to conduct facade improvements and come back with a legal determination as to what the legal requirements are, as well as legal requirements for the Code of Federal Regulations (CFR); further recommending that City and County meet to work on historic preservation together. Direction to the City Manager by Commission Gonzalez to provide the Historic Preservation Officer with any assistance that she needs in order to get the City certified to do facade improvements and designation of historic properties. Direction to the City Manager and Administration by Chairman Teele to review the document as presented by the City's Historic Preservation Office, which raises some real concerns about the City's planning and zoning process, zoning code, development practices, community development organizations, etc.; further requesting that a letter of appreciation be sent from the Mayor and Commission to the Knight Foundation and the National Trust for the work they have done to help us develop a benchmark for the City; further to provide the Commission with a pictorial exhibit of the Dorsey Library as it exists today; further to list the following as a high priority for historic designation: The segregated wall that was built on Martin Luther King ( MLK) Boulevard, which was torn down 50 years ago but still remains on the boulevard; the Pork and Beans Public Housing Unit, which was the first major public housing unit in the South, and the City Cemetery, which should include the burial of prominent Cuban officials so as not to leave them out of the City's history; and further requesting that the Administration report back in 60 days. Chairman Teele: DI.2. Discussion Item Number 2. Discussion Item Number 3. What item are you all? Sarah Eaton (Preservation Officer): Three. Chairman Teele: Discussion Item Number 3. Vice Chairman Sanchez: DI.3. Chairman Teele: What's 2? Commissioner Regalado: The stable. Chairman Teele: Stables. Is that the Police? Vice Chairman Sanchez: I don't think they're ready for that. Chairman Teele: What was that? Discussion on the horses? Who's representing the horses in here? Grew up in Texas. Vice Chairman Sanchez: I don't think we'll -- City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: So -- Chairman Teele: All right. Vice Chairman Sanchez: Could we go to DI.3? Chairman Teele: DI.3. Ms. Eaton: Mr. Chairman, members of the Commission, Sarah Eaton, Preservation Officer. I'm here with Jennifer Warren, our Historic Preservation Planner. At your request, we're here today to make a presentation on the state of historic preservation in the City ofMiami. The presentation will focus on three main elements: The preparation of a Historic Preservation Plan, recent accomplishments in the historic preservation section, and the designation of historic properties. The Historic Preservation Plan is being actively pursued by the administration. At your request, we are working and have virtually completed a programmatic agreement for HUD (Department of Housing and Urban Development) funded programs, a three-year project plan, and the Preservation Development Initiative. The programmatic agreement for HUD funded programs is an agreement between the City, the State and the Advisory Council on Historic Preservation to authorize City staff to complete the historic preservation review process. This is an unprecedented effort on the part of the administration, and once the agreement is executed, Miami will become the first City in Florida to execute such an agreement. We have scheduled the approval of the agreement for the City Commission agenda ofApril 22nd. Once approved and signed by all three parties, the Facade Program, for instance, will experience an expedited review in the environmental process, with a time saving of approximately one to two months. We are also actively working on a three-year project plan. We will be seeking funding for a Historic Resources Survey and the preparation of designation reports. A Historic Resources Survey is the cornerstone of any historic preservation program, and will further expedite the review of Facade Programs. We are also actively working on a Historic Marker Program. At your instruction from several years ago, we have assisted the Orange Blossom Initiative with a production of markers that primarily commemorate buildings that are no longer standing in the greater downtown Miami area. Those markers have been produced and are ready to be installed . We are also researching the types of markers that could be used for a marker program for designated historic sites. We will be looking at maintenance free markers and ones that property owners would be pleased to have installed on their properties. The rehabilitation of City -owned historic sites is also a cornerstone. The Black Police Precinct and Courthouse, a historic building in Overtown, is almost ready to begin construction. The interior of City Hall has been beautifully restored, but the exterior is waiting additional funding. Historic preservation bond money has been used as a contribution for the rehabilitation of Gusman Theater, but the Off - Street Parking Authority is continuing to seek funding to complete the project. Bond funding was also used to relocate the first Miami High School to Southside Park, where it is awaiting rehabilitation. We have been working with the Miami -Dade County Historic Preservation Board, which intends to include three City -owned projects for funding in the County Bond Program that's scheduled for referendum this fall. The three City historic buildings include the first Miami High School, Fire Station Number 2 and the Dorsey Memorial Library. Commissioner Regalado: Excuse me. How do you know that? Ms. Eaton: I've been in contact with the County Historic Preservation Division, which is responding to a request to put that on the referendum. Commissioner Regalado: But it's got to be approved by the Commission -- Ms. Eaton: Exactly, it does, but there is -- Commissioner Regalado: -- by July. City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Ms. Eaton: Yes, but there is a very strong move afoot to make sure that historic preservation is a component of the County Bond Program, just as it was a component of the City's Bond Program, and those were the three buildings that have been identified for funding. Commissioner Regalado: OK Ms. Eaton: Our third element of the Historic Preservation Plan is the Preservation Development Initiative, a one point eight million dollar grant from the National Trust for Historic Preservation. Several of the Commissioners participated last July when the assessment team visited Miami to interview all of the stakeholders and address our preservation issues and needs. We have recently received a copy of the assessment report, which has just been handed out to you. The focus of the initiative will be the development of preservation infrastructure and incentives, including a Transfer of Development Rights Ordinance, as well as an Ad -valorem Tax Incentive Program. Also, neighborhood revitalization, with a focus on Little Havana and Overtown; commercial revitalization focus on Calle Ocho and downtown, as well as the development of a Cultural Heritage Tourism Initiative. We would also like to focus on recent accomplishments that have occurred in the historic preservation section. These include amendments to the Historic Preservation Ordinance, a Historic Preservation Education Program, a Downtown Miami National Register Nomination, and our ongoing Certificates of Appropriateness Program. In February, this Commission adopted amendments to the City's Historic Preservation Ordinance to strengthen it. The most important revision was the adoption of an interim protection measure. As you will recall, this was prompted by the demolition of the Bliss House, as it was awaiting designation by the Historic and Environmental Preservation Board. The photo at the top left of the screen shows a historic photo of the Bliss House. At the bottom left was the Bliss House at the time of demolition. To the right is the proposed 50-story building that would replace the historic structure. The ordinance amendments also included a retention of jurisdiction over archeological sites in this City, and we have recently offered a consulting contract to an archaeologist who will administer this program. A second accomplishment that we are especially proud of is our Historic Preservation Education Program . This program just received a statewide award for outstanding achievement in preservation education from the Florida Trust for Historic Preservation. The education program has several components: The first is a series of brochures. This one describes our preservation program and the implications of our Historic Preservation Ordinance. The second brochure is a full -color guide to all designated sites and disfricts in the City ofMiami. We also have a very exciting web page, historicpreservation.miami.com. On our website, residents and visitors alike can find out information about, not only our entire preservation program, but again, designated sites and disfricts. We have an interactive map, where an individual can zoom in to a particular area of the City, hover over a particular property, click on the property and pull up information about the historic site, including photographs, a description of its history and significance, date of construction, architect, as well as the ability to download a more detailed designation report. Our website was also designed to be very user friendly for owners of designated historic properties. An owner can download application forms for Certificates ofAppropriateness, can pull up design guidelines and view our Historic Preservation Ordinance. Residents can also view our calendar and application deadlines, view the agendas, as well as previous minutes. Our consultants have also prepared a nomination for a downtown Miami Commercial Historic District in order to make property owners eligible for federal tax credits. While benefits will ensue to property owners, there is no additional review of work on a property unless federal funds are used. Finally, we continue to review approximately 350 applications for Certificates ofAppropriateness every year. Once properties are designated, any proposed work on these properties requires a Certificate ofAppropriateness, and we continue to provide ongoing technical assistance to property owners. I'd like Jenny Warren to continue the presentation on the historic designation process. Jenny Warren: For the record, Jenny Warren, Preservation Planner. Designation really is the City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 backbone of the Historic Preservation Program. Without it, we can offer no protection to historic buildings. If a building isn't designated, we can't prevent alterations, nor can we prevent demolition. Currently, we do have 80 designated historic sites throughout the City, and also four historic districts. Those include, Morningside, Buena Vista East, Bayside and Spring Garden. Additionally, we do have one designated archeological zone, the Miami River Rapids. In the last year or so, we've been very active in designating new historic sites. We recently designated 13 new historic buildings, including those you see here. All of these designation reports were prepared by consultants through CDBG (Community Development Block Grant) Historic Preservation Grant Funds. Additionally, we have 16 pending designations. These reports have also been prepared by consultants hired by the City. Some of these pending designations include the Moore Furniture Building, and Buena Vista Post Office, the Belle Air Historic Disfrict, which will be a new disfrict located just north of the current Buena Vista East Historic Disfrict, the Miami Circle, which has not been designated, the General Tire Building, also known asAndiamo's Pizza, St. Mary's Cathedral, and the Coconut Grove Playhouse. Although we have recently been designating many buildings, we continue to receive requests for historic district designations. Unfortunately, this is not something that we're able to do in-house because we don't have the staff to prepare the designation reports. Recent requests for historic disfrict designation from neighborhood associations have included Bryant Park, the Shenandoah neighborhood, the Orange Bowl neighborhood, Oakland Grove and Little River, Northeast 67th Street, just south of our current Bayside Historic District and the south side ofMorningside. We've also received requests for historic site designation. These include the New Providence Lodge. A designation report is being prepared for this site. It's a collaborative effort between the Black Archives Foundation and the Lodge, with some assistance from staff. Additional sites in Overtown include the Clyde Killens residence, and the Divine Mission Building. We've also recently been approached by the Department of Economic Development with a request for historic designation in the Liberty City area. Those buildings include the Yager Medical Building, The Pallbearers Hall, the Labor Union Hall, Continental Cleaners and the Carver theater. In Edgewater, we've received requests for number 448 Northeast 35th Street, by the Bay Heights Rest Home, who own the building, and we've received requests for various sites throughout the West Grove. As you can see, we've been receiving many requests for designation, requests which we have been unable to fulfill due to staffing concerns. Therefore, we would like to respectfully request additional personnel to enable us to meet this demand for historic designation, in hopes that some of these buildings can be protected rather than demolished. Thank you. Chairman Teele: All right. Is your request authorized by the Manager, the request that you all make? Ms. Eaton: Yes. The administration is aware of the -- Vice Chairman Sanchez: And they support it? Ms. Eaton: I believe that request will come back -- Vice Chairman Sanchez: That will come back. Ms. Eaton: -- before the Commission. Vice Chairman Sanchez: But that's not the issue. Ms. Eaton: Not today. Chairman Teele: All right. Did you have any more? Ms. Eaton: No. I'd be happy to answer any questions -- City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: All right. Questions -- Ms. Eaton: -- that you may have. Chairman Teele: -- please. Commissioner Sanchez. Vice Chairman Sanchez: Yes. I apologize. I was not here at the last Commission meeting, and I just want to state that I was getting re -certified in law enforcement, and after four years, you have to get 40 hours or else you lose your certification, so that was the reason that I was not here. On this matter, you know, it's of great concern, and you are aware that the Facade Program, in many ways, is hampered by this historical -- the historical issue itself. I know that the -- after 50 years, the building has to go through and get a clearance or whatever, and at one time, I thought that you were certified or -- you were not certified; you were in the process of getting certified to address that issue. Ms. Eaton: Yes. As we mentioned in the first part of the presentation, we're bringing a programmatic agreement to you at the next City Commission meeting, which would be an agreement between the City, the Florida State Historic Preservation Office and the Advisory Council on Historic Preservation. The execution of that agreement will allow historic preservation staff to do the review in-house for CDBG projects. Vice Chairman Sanchez: So CDBG projects, right now, as it stands, a building of 50 years or more has to get certified? Ms. Eaton: Yes. Vice Chairman Sanchez: So that has created a great inconvenience, at least in my district, where the small business opportunity that does the facades -- Commissioner Gonzalez: And mine, too, to the point that my agencies are about to lose their funding. Vice Chairman Sanchez: Well, it's an issue and I just wanted to bring it out. I mean, in some discussions, they say that Coral Gables has two individuals that are certified? Ms. Eaton: IfI could clarify the record, Commissioner. No city or county in the State of Florida -- Vice Chairman Sanchez: Is certified, OK. Ms. Eaton: -- has the authority to conduct this review. Miami will be the first -- Vice Chairman Sanchez: OK. Ms. Eaton: -- to have such an agreement that will legally allow Historic Preservation staff to do the review in-house. Vice Chairman Sanchez: Thank you for educating me on that issue. Now, the problem continues to be, while the process is going -- moving forward for you to get certified, what's going to happen to these organizations that provide facade programs? Ms. Eaton: We expedite our portion of the review as much as we possibly can. Vice Chairman Sanchez: Right. City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Ms. Eaton: The state has been doing a turnaround in 30 days or less. Vice Chairman Sanchez: OK. You know, there are two sides to every mountain. Coin has two sides. I'm here to get both sides, because that's not the side that I get. I get the complaints that, hey, it's impossible for me to do it. People don't want to participate in the program because it's too time consuming. It's a burden on the businesses. So, I hear one side and I want to hear the other side. The other side is, you're saying, 30 days. That's not what I hear. It's taking longer than 30 days, so what's happening now is, any building that's 50 years or more, they don't want to participate because there's just too much red tape; there's too much bureaucrat -- bureaucracy; there's too much inconvenience for the businesses. I just would like to see how we could address this issue and find a solution to this problem so we could continue to help the small businesses through the Facade Program, and then, you know, we're able to work smoothly, and I just want to hear from you. I mean, is there -- how long is it going to take for the state to allow you to make that decision so we don't have to send it to the state? Ms. Eaton: The state has reviewed the draft agreement and is very comfortable with the agreement, and has indicated that they intend to sign it, so we're -- we will expedite the execution of the agreement by all three parties as quickly as we possibly can. Vice Chairman Sanchez: So, there is -- you're trying to expedite the process? Ms. Eaton: Yes. Vice Chairman Sanchez: OK. Thank you. Ms. Eaton: You're welcome. Chairman Teele: May I inquire as to just one follow up? Explain to me, again, either you or Ms . Rodriguez, what is the requirement that we're jumping? Is that a federal requirement? Ms. Eaton: Yes. Chairman Teele: That any building that is 50 years or older -- Vice Chairman Sanchez: Must be certified. Ms. Eaton: The -- under Section 106 of the National Historic Preservation Act, the impact of the expenditure of any federal dollars on buildings that are listed in or eligible for listing on the National Register must be undertaken prior to the dollars being expended. Chairman Teele: OK. Ms. Eaton: So, we -- Chairman Teele: OK, OK. Hold it, now. Hold it. Say -- who's the lawyer for this thing? Who's your lawyer on this thing? Ms. Eaton: We have a new attorney for our board, Elsa Jaramillo. Joel Maxwell (Deputy City Attorney): Elsa Jaramillo. Chairman Teele: And so the legal determination is, is that any building that is 50 years or more -- Vice Chairman Sanchez: Yeah. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Because that's what's being interpreted, but that's not what she just said. Ms. Eaton: Commissioner, ifI may. We have to make a determination for every building that is at least 50 years or older on whether that building is listed in or eligible for listing in the National Register. We determined that probably 95 or 98 percent of all buildings that are using the facade money are not eligible for listing in the National Register, but that step has to be undertaken and -- Chairman Teele: OK, hold on just one minute. What does the CFR say? State again the language in the CFR. Ms. Eaton: Well, it's actually in Section 106 of the National Historic Preservation Act. Before federal funds can be expended on any building listed in or eligible for listing in the National Register of Historic Places, the Advisory Council on Historic Preservation must be afforded the opportunity to comment on the effect of the undertaking on the historic property, so the first step is to determine whether or not the building is listed in or eligible for listing in the National Register, and since our survey is 25 years old -- it was conducted by the County in 1978 -- we don't have current data on most facades. Chairman Teele: Well -- and now, that's something totally different. Look, let me tell you this. Mr. Attorney -- Mr. Maxwell: Yes, sir. Chairman Teele: Madam Community Development Director, Madam Planning Director and Historic, I think you all ought to sit down with HUD (Department of Housing and Urban Development) officials and figure out exactly what the law is, and what it requires, and whether or not there is a procedure other than a building -by -building determination, because where we are right now, as I understand it -- and it doesn't affect my district, per se, because we're not doing a whole lot of facade improvements, unfortunately or fortunately, but we're doing, in effect, a building -by -building determination, and I'm telling you, that's not the intent of what I just heard. Now, maybe we haven't done something. Maybe there's another step in here. I heard some language about the County didn't do a survey in 25 years or something, but it seems to me that we need to look at this with all of the eyes focused on the same issue -- Community Development, the lawyers, Historic Preservation -- and let's get a legal determination from the lawyers as to what the legal requirement is. Let's get a determination also regarding what the CFR requirements are, because, you know, we have a 14-C requirement in, you know, labor rules as it relates to construction of projects, and Davis -Bacon, and all those things, but there are a lot of interpretations that are given, and we need to look at this with one unified view so that we can get ourselves out of this building -by -building determination, which gets me to the second point. When is the last time the City and the County sat down in a management position - - and let's look at the historic preservation and the overlap. I have been saying this for four years, five years that I've been here, and if you get down to the problem that they're dealing with now on the facade, it's going to deal, to some extent, with something the County did, or should have done, or could have done, and that's the so-called survey. When was the last survey done? Ms. Eaton: The survey was done in 1978. We have updated portions of the survey since that time. Chairman Teele: And I would strongly recommend -- I mean, you know, we meet a lot with the County about a whole lot of things, primarily to argue about money, I would assume, but the fact of the matter is, I think there's a tremendous opportunity -- you know, historic preservation -- folks, let me just give you a word that you should bear in mind -- is of national -- I'm sorry -- metropolitan significance. Metropolitan significance. That's a CFR term, which means that the City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 so-called entitlement cities and communities are not applicable, per se. In other words, it's everybody's interest, and so while the County is saying we're not going to spend money in entitlement cities, as very well they can and should, like Miami Beach, or Miami, or Hialeah or those cities that get it, but there's certain things under the CFR that are of metropolitan significance, and historic preservation, by virtue of the unique nature under the CFR has metropolitan significance, which is a code word to mean this: That the City and the County should sit down and work on it together, not creating new thiefdoms (sic), and I'm all for getting more staff but I think the first question is, are there staff resources that the County can bring to bear, particularly on the facade problem? And it sounds to me like the problem is a County problem, because the last register was done by the County, and maybe where we ought to spend our money is we ought to put money in -- Joe, you need to hear what I'm saying -- maybe we ought to put money in with the County and say let's update the Register. I mean -- and if you get the Register updated, maybe some of the problems will go away. Am I wrong? If the Register were updated, would we still have to do a building -by -building assessment? Ms. Eaton: We would still have to look at the facade, compare it against the survey on whether the -- Vice Chairman Sanchez: It's a state issue. Ms. Eaton: But it would still -- Chairman Teele: It's really not. It's really -- Ms. Eaton: -- expedite the process. Chairman Teele: It's really not a state issue but -- Vice Chairman Sanchez: Well, listen, I'm all for expediting the service, the -- this is an issue we should have addressed a year ago, not today. Maybe we should have addressed this issue. I mean, there were a lot of questions unanswered on the matter. I mean, I'm all for historic preservation. I mean, I don't want to knock down a building that may not need to be knocked down, but we need to expedite this process, because, you know, these agencies are being penalized, and the merchants who are out there frying to fix up their properties aren't participating because of all the red tape that's involved. That's all I have to say on this issue. I mean -- Chairman Teele: Commissioner Winton, Commissioner Gonzalez, on this issue. If not, I would ask that the issue be -- Commissioner Gonzalez: I do have a comment, and my comment is the same as Commissioner Sanchez. Allapattah Business Development had a track record of doing over 100 facades -- between 100 and 150 facades every year. This year, they haven't been able to achieve their program on the amount of facades, and the biggest objection is the Historic Preservation delay on sending their approvals on the businesses. Businesses apply. It takes three months for them to get an answer back. By the time the agency goes back to the business, the business says, no, I'm not interested. I'm not going to do anything. You are asking too many questions. You are asking too many -- you know, and it has taken too long. I decided to paint it by myself OK? That has cost that -- I don't know what is going to happen with the agency. I know that all the other agencies are going through the same problem, and, you know, I'm -- this really concerned me, because if it was an agency that never produced, then I'd say, well -- Commissioner Winton: Yeah. Commissioner Gonzalez: -- it's part of the game, OK? But this agency, look at the track record. City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 As a matter of fact, I got all the records for the last 14 years, and I can bring them here, I can show them to you, you can read it, OK? Between 100 and 150 facades every year and -- you know, and one thing that would like to know is who is handling your certification or the City of Miami's certification as a historic officer or whatever you call it? Ms. Eaton: Well, as I mentioned, the certification is a misnomer. In order for us to do the review, we have to execute -- the City, the State -- Commissioner Gonzalez: Don't leave, Ms. Rodriguez, don't leave. Ms. Eaton: -- and the Advisory Council have to execute being brought to you next -- Commissioner Gonzalez: OK Who is involved in the -- involved in getting this deal done? the programmatic agreement that is in whatever you have to do? Who is Ms. Eaton: We -- the City has done -- Commissioner Gonzalez: Just you? Ms. Eaton: Yes, and the City -- Commissioner Gonzalez: Just yourself? Mr. Manager -- Joe Arriola (City Manager): Yes, sir. Commissioner Gonzalez: I need some -- we need to give this lady whatever assistance she needs, all the attorneys that we need to give her, everything that we need to give her to either get the City ofMiami certified or de -certified, whatever, but we need to come to an end to this, because I heard -- I have heard that for two years, we've been playing with the certification of the City, and we've been playing with this game, and there hasn't been an interest on the City ofMiami to get somebody qualified here to sign for this historic preservation deal, so, you know, I don't want to hear about this game anymore, and six months from now, we're still talking to Tallahassee, and Tallahassee is talking to the County, and the County is talking to the City, and the City is talking back to the County. Let's finish it. Let's make sure that we get people involved in this deal so we can get it done once for all, because it's too much. I can't handle this myself you know. The disruption that this is bringing to my district, specifically to the area ofAllapattah that we have been trying to redevelop so hard, and now has been frozen, OK? Another problem that have is whenever we designate one of these properties as a historic preservation property and we order these people to do improvements on the property, do we give them money to do that? Ms. Eaton: We don't order people to do improvements. We only review work that a property owner is proposing to do. Commissioner Gonzalez: OK Let's say that you designate a property and that property needs to be refurbished to preserve it. Who has to pay for that? The owner of the property? Ms. Eaton: The owner of the property. Commissioner Gonzalez: OK Be prepared, because every time one of these properties come before me, I'm going to be assigning money to that property owner to maintain the property the way the conservative people want to keep that property, OK? I'm going to make sure that they are preserved, but we're going to give them the money to repair the property, because, you know, every time that we do something here, you know who pays the bill? The taxpayers of the City of Miami, the merchants of the City ofMiami, the business people of the City ofMiami. Every time City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 we invent a new wheel, you know who pays for the wheel? Our taxpayers. Thank you. Chairman Teele: All right. What we're going to do, in the essence of time, unless there are other comments, we're going to forge on and fry to get the appointments -- the Commission items that require the board appointments done. Well do the horse stables when Commissioner Regalado's gone. Mr. Manager, again, on this item, I want to underscore two or three important points. The whole question in my mind is this whole preservation ethics. Do we have that ethics? Does this Commission, does the management have the ethics? And I think this document, which has been presented, which -- I don't know if we've gotten it before. Today is the first day I've seen it. Did we get it before? It's not dated. Ms. Eaton: Sir, we just received it last month. Chairman Teele: It's not dated. I would urge the management, senior management to review this document, because it's a pretty strong indictment and the Building -- the Planning Director - - I hope, Madam Director -- oh, is she talking to the Commissioner? Is that a Commissioner? Unidentified Speaker: Yes. Chairman Teele: Oh, I'm sorry. I'm sorry, but Madam Director, this document is a damning indictment in some ways against the City, starting with our planning and zoning process. I mean, this is a beautiful document, but the words in here are not all kissy, kissy, poofy poofy, like we heard this morning, you know, a real kiss -up presentation. This is not a good document for the City ofMiami, and I don't know if you've read it. I don't know if the Manager has read it. I don't know if the Mayor has it, but it raises some real concerns about the City's Zoning Code, and development practices, and community development organizations, and et cetera, number one. Number two, Mr. Manager, I would like to arrange for a letter of appreciation to go from this entire Commission and Mayor to the Knight Foundation and the National Trust for the work, because this is a very important piece of work, I think, to help us develop a benchmark for the City, andl would hope that you all would do that. Finally, my comments are this: I think we ought to start with ourselves. Did you list the Dorsey Library on your list of things that are -- is that designated? Ms. Eaton: It is a designated site, and it's on the list for County bond funding. Chairman Teele: OK. I would like to get a pictorial exhibit of the Dorsey Library as it exists today, so that the City Commissioners can see how we are stewards of our own property. And Johnny, the roof has fallen in. It is a disgrace that we have a building like that and we've not really maintained it, and finally, we are doing a lot of talk about the MLK (Martin Luther King) Boulevard and, you know, and I think that's important, but again, the MLK Boulevard has got to get on this list as a high priority, and I'm going to tell you where to start, and this may not -- you need to start with the wall that was built, the segregated wall, which is still there. Nobody has talked about that. Now, maybe that's a dirty little secret we just want to all forget, but the wall, the segregated wall that was torn down 50 years ago in the month ofApril is still there. That needs to be -- in my opinion, it needs to be preserved. It shouldn't be a dirty secret. The second thing that ought to be considered for preservation is some of the stock in the first public housing in the United States, because whether we like it or not, the Pork 'NBeans was the first major public housing unit in the south. That's what it was acclaimed when it was done, but nobody wants to talk about that, and so I would like to very much get a response from you on those things, because I think it's not important today, but 100 years from today, I think it's important that some of that stock be retained and that the walls be retained, so that the public and those that will come after us understand what the history ofMiami really was. I also think that it's important -- Mr. Manager, I also think that it's important that we give some consideration to the City Cemetery. I've said this three years ago. I'm going to say it again today. The most visited location in Tallahassee, outside of the capital, is the Tallahassee Cemetery. Cemeteries have City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 great appeal today for -- as a tourist attraction. I can remember my class going to see where Prince Morat, the famous French prince who came over to help fight the Spanish is buried in Tallahassee. Part of the challenge, I think, is that by not expanding the City Cemetery, the Cuban community is almost being locked out of the history of the City ofMiami 200 years from today, OK? The history ofMiami didn't just start and stop between 1840 and 1970. The City of Miami's history will continue ad infinitum, and there's vacant land around it, and I think someone ought to be looking at this from a strategic point of view, so I would urge you to look at that, and if we could bring this item back in 60 days to get a report on it, Madam Agenda Coordinator, Madam Clerk, I think that would be very helpful, and I hope -- the Manager -- you would have no objection. DI.4 04-00335 DISCUSSION ITEM UPDATE REGARDING STATUS OF PROGRAMMING FOR RESIDENTS AT PIONEER HOME. 04-00335-cover pg.pdf DEFERRED A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item DI.4. Chairman Teele: All right. Commissioner Regalado, you have -- Commissioner Regalado: I have -- Chairman Teele: -- pulled your C4.1. Commissioner Regalado: I have a supplemental, and I need to defer also the Pioneer House Status Report, because there's nothing -- Chairman Teele: What item number is that? Commissioner Regalado: That would be DI.4. DI.4. Chairman Teele: You want to defer that? Commissioner Regalado: Yes, sir. Chairman Teele: Motion to defer DI.4. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? DI.5 04-00382 DISCUSSION ITEM DISCUSSION CONCERNING PART TIME/TEMPORARY EMPLOYEE'S PROMOTIONAL OPPORTUNITIES TO FULL TIME, CIVIL SERVICE City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 STATUS. 04-00224-cover page.pdf 04-00382 - memo, report - 2.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and passed unanimously, with Vice Chairman Sanchez absent*, to accept plan presented by administration for the four school crossing guards, granting them a raise of one dollar per hour and the new benefits to part-timers, which will go into effect next July; further urging the Civil Service Board to hear this case and consider the recommendation to be presented by Charles Cox, president of AFSCME, Local 1907. * Note for the Record: Although absent during roll call, Vice Chairman Sanchez requested of the Clerk to show him in agreement with the motion. Chairman Teele: Next item, PZ.2. Priscilla A. Thompson (City Clerk): We have time certain. Joel Maxwell (Deputy City Attorney): No -- you had a time certain on PZ (Planning and Zoning) -- the next two PZ items -- in fact, all of the PZ items -- starting at 4 o'clock. Chairman Teele: All right. Change 44, Rosalie, Ms. Mark. Commissioner Winton: So what PZ item are we going to? Chairman Teele: Ms. Mark? Paging Ms. Mark. All right. Did we have any other board appointments that anyone wanted to make? Do we have any pocket items? I'm frying to get us out of here, folks. Commissioner Regalado: I do, I do, I do. Chairman Teele: Board appointments? Commissioner Regalado: No. I have -- Chairman Teele: I was saying pocket items facetiously, really, to get everybody geared up. Thank you, Ms. Mark. Please. Rosalie Mark (Director, Employee Relations): We reviewed the proposal. Chairman Teele: Your name and title for the record. Ms. Mark: Rosalie Mark, Director, Employee Relations. We reviewed the proposal with the Commissioners for the part-time and temporaries to full-time status and have -- would you like additional copies of this or you all -- Commissioner Regalado: I have one. I have. Chairman Teele: Could I just see what you're reading from, please? I mean, do you have a copy of what you're reading from? Commissioner Regalado: I -- Mr. Chairman. Ms. Mark: What we're recommending is that we go before the Civil Service Board, and Charlie Cox is here today, and will support that we ask for a one-time waiver for these employees that City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 are temporary or part-time to move to full-time status without having to go through any qualification or competitive process, so we would like to have your direction on that. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Let's fry to limit this to 15 minutes, folks. Commissioner Winton: 5-0 or 1-5? Chairman Teele: 1-5. Commissioner Winton: Thank you. Commissioner Regalado: 1-5. No, this would only take a few seconds. First, I think that what Ms. Mark has given us is very fair. How times change, because the first time I asked, it would cost us two million dollars. Now, we're down to a hundred and something, right, but my only -- and I have to thank Charlie Cox. He has been so helpful. In fact, I received counsel from him, and I guess it was the first time in my life, but there's always a first time, butt just want you, if possible, to put in the record the issue about the four school crossing guards, the three with 77 years of age and one with 59 years of age, no full-time for them, but a raise that will run parallel to this implementation. Ms. Mark: Correct. We discussed that, Commissioner, and I think it's close to about a dollar an hour additional for them, and then they'd also be entitled to the new part-time benefits that go into effect, I believe, in July. Commissioner Regalado: So it would kick in -- Ms. Mark: The same time. Commissioner Regalado: -- not in October, but as soon as these people become full-time. Ms. Mark: Correct. Commissioner Regalado: For the four school crossing guards. Ms. Mark: Correct. Commissioner Regalado: OK. That's all I want to ask. Chairman Teele: Further discussion. Commissioner Winton: Do we need a motion or something? Chairman Teele: A motion is appropriate at all times. Commissioner Regalado: I move that we accept the plan presented and that we urge the Civil Service Board to hear this case, and listen to the recommendations ofMr. Cox. Ms. Mark: Thank you. Commissioner Winton: This goes to the Civil Service Board next? Is that what I'm hearing? Ms. Mark: Yes. We're on the agenda for April 27th. City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Winton: OK. I'll second the motion. Chairman Teele: Discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Thank you. Ms. Mark: Thank you. 11:00 A.M. DI.6 04-00318 DISCUSSION ITEM PRESENTATION BY THE GREATER MIAMI CONVENTION AND VISITORS BUREAU ON THE MARKETING PLAN FOR COCONUT GROVE 04-00318-cover memo.pdf WITHDRAWN A motion was made by Commissioner Winton, seconded by Commissione Regalado, and was passed unanimously to WITHDRAW item DI.6. City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 EXECUTIVE SESSION 2:45 P.M. ES.1 04-00072 EXECUTIVE SESSION UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: MARK'S CLASSIC CORPORATION, RICHARD AND SUNNY MANAGAN, ET AL. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE FIRST OF TWO CLOSED DOOR ATTORNEY -CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 2:45 P .M., AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:00 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZ ALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND. ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSIONS ARE FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00072-cover page.pdf 04-00072- public notice.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, to DEFER item ES.1 to the Commission Meeting currently scheduled forApril 22, 2004, at 2:45 p. m. Chairman Teele: Would you frame the motion, please? Joel Maxwell (Deputy City Attorney): Yes, sir. We were asking that this item be continued to the City Commission's meeting ofApril 22nd. Therefore, there would be -- if the Commission is so disposed, it would be a motion to continue ES.1, Mark Classic Corporation Executive Session to April the 22nd at 2:45 p.m. Commissioner Winton: So moved. Chairman Teele: Commissioner Gonzalez, will you second it? City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Gonzalez: I'll second it. Chairman Teele: The motion to defer and to move the item to the time and date as designated by the Attorney. Is there objection? These items relate to the executive session that was scheduled for 2:45. All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? 3:00 P.M. ES.2 04-00071 EXECUTIVE SESSION UNDER F. S. 286.011(8) [2003], THE PERSON CHAIRING THIS MEETING OF THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE IMMEDIATELY AFTER THE CITY COMMISSION CONVENES, THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING PENDING LITIGATION: NATIONAL ADVERTISING CO. VS. CITY OF MIAMI. THE SESSION, WHICH WILL BE THE SECOND OF TWO CLOSED DOOR ATTORNEY - CLIENT SESSIONS SCHEDULED FOR THIS DATE ON VARIOUS CASES, WILL BEGIN AT APPROXIMATELY 3:00 P.M., OR AS SOON THEREAFTER, AT CITY HALL, IN COMMISSIONER ANGEL GONZALEZ'S CONFERENCE ROOM, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, AND CONCLUDE AT APPROXIMATELY 3:30 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, ANGEL GONZALEZ, JOE SANCHEZ, TOMAS REGALADO, JOHNNY L. WINTON, AND ARTHUR E. TEELE, JR.; THE CITY MANAGER, JOE ARRIOLA; THE CITY ATTORNEY, ALEJANDRO VILARELLO, DEPUTY CITY ATTORNEY, JOEL E. MAXWELL AND ATTORNEYS PARKER THOMSON, CAROL LICKO AND LAURIE PIECHURA FROM THE LAW FIRM OF HOGAN AND HARTSON, LLP, COUNSEL FOR THE CITY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE LITIGATION. AT THE CONCLUSION OF THE SESSION, THE CITY COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE SESSION. SAID COMMISSION MEETING WILL CONVENE AT CITY HALL, CITY COMMISSION CHAMBER, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA. 04-00071-cover page.pdf 04-00071- public notice.pdf DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, to DEFER item ES.2 to the Commission Meeting currently scheduled forApril 22, 2004, at 3:00 p. m. City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Are there any other matters to come before the Commission? If not, we have a sunshine law meeting set. We're going to be deferring that? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Teele: Those. Vice Chairman Sanchez: Both of them? Mr. Maxwell: Yes. We're requesting that both be deferred. Chairman Teele: So what time do we need to be back in here? Vice Chairman Sanchez: 3. Chairman Teele: Why don't we come back at 3 o'clock. Ms. Rodriguez, you're next. Mr. Maxwell: That was EZ.1. Chairman Teele: Right. Mr. Maxwell: ES.1. ES.2 was the executive session scheduled to start at 3 o'clock today. That's National Advertising Executive Session. I'll -- the same motion with a starting time on April 22 nd of 3 o'clock p.m. Chairman Teele: Is there a motion? Commissioner Winton: So moved. Chairman Teele: Is there a second? Would you second it? Commissioner Winton: Did you just say you were moving this meeting -- this one, also? Chairman Teele: To the same -- Commissioner Winton: To the same time? Chairman Teele: Yeah. Commissioner Winton: Oh. I was -- Chairman Teele: All those in favor of the motion, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 PART B PZ.1 03-0422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF A ROADWAY (SOUTHWEST 2ND COURT) BETWEEN SOUTHWEST 17TH ROAD AND I-95, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED). 03-0422 Fact Sheet.PDF 03-0422 Email from Hearing Brds to Law.PDF 03-0422 Public Works Analysis.PDF 03-0422 PZ Analysis.PDF 03-0422 Zoning Map.PDF 03-0422 Aerial Map.pdf 03-0422 ZB Reso.PDF 03-0422 Application & Supp Docs.PDF 03-0422 Legislation.PDF 03-0422 Exhibit A.PDF REQUEST: Official Vacation and Closure of a Public Right -of -Way LOCATION: Approximately a Roadway (SW 2nd Court) Between SW 17th Road and 1-95 APPLICANT(S): Century Homebuilders, LLC APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended denial to City Commission on December 15, 2003 by a vote of 5-4. PURPOSE: This will allow a unified commercial development site. Motion by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Regalado Noes: 1 - Commissioner Teele R-04-0240 City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Unidentified Speaker: It's my second time. Chairman Teele: Second time? Thank you for being here, and just so that the public is aware, as a part of our agreement with the federal government to provide more access, all of our public hearing items with Community Development are signed, and we fry to take those items up at 3 o'clock, because our sign interpreter is very expensive, and we can't afford to keep him very long . Thank you very much. All right. All right. What other item did we agree -- Ms. Marks? Did we have any other item, Mr. Manager, that you wanted to take up? I know that we've said Ms. Marks, but why don't we hold her over. Unidentified Speaker: She's here. Chairman Teele: It's a staff item. Why don't -- Ms. Marks, is it all right with you if we take this up after our public hearing items today? Would that inconvenience you? Rosalie Marks (Director, Employee Relations): Whenever you would like to. Chairman Teele: Thank you. All right. Madam Clerk, would you ask everyone that is here on a public hearing item to please stand? All people that are here for PZ.1, 2, 3 or 4, would you please stand, raise your right hand and be sworn? Priscilla A. Thompson (City Clerk): I'm going to ask our interpreter to also make that announcement. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on Zoning issues. Chairman Teele: All right. Only those persons that have been sworn may testify now. Let's keep that in mind, all right? Madam Director, Mr. Attorney, on PZ.1, we had closed the public hearing -- Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Teele: -- at the last meeting Mr. Maxwell: That's correct, sir. Chairman Teele: Is the applicant or the parties here on PZ.1 ? Mr. Attorney, would you refresh our recollection, and that of the public, so that we all know what we're doing on PZ.1 ? Mr. Maxwell: PZ.1 is a request to vacate and close a public right-of-way, and the issues upon which the meeting had been continued are revolved around two points. One, you had requested information regarding a turnaround from the administration for fire trucks, the access of fire trucks. The second, you had asked the CityAttorney's Office to look into whether or not there were reversionary interests on the property. We've looked into that, and we are of the opinion that the statute that governs this issue clearly provides that the reversionary interests are in the abutting property owners, and that that right vested as of 1972, July 1st. Ines Marrero-Priegues: Mr. Chairman, members of the Commission, for the record, again, Ines Marrero, attorney with offices at 1 Southeast 3rd Avenue, on behalf of Century Builders, LLC. Chairman Teele: All right, and counsel, introduce yourself for the record. Tucker Gibbs: I'm Tucker Gibbs, offices at 215 Grand Avenue, in Coconut Grove. City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Madam Director, do you want to tell us what the issue before us is now and what your recommendation is? Lourdes Slazyk (Assistant Director, Planning & Zoning): Thank you. For the record, Lourdes Slazyk, Planning and Zoning Department. The item before you is an official vacation and closure of a public right-of-way. It's a portion of Southwest 2nd Court between Southwest 17th Road and I-95. The Planning and Zoning Department had recommended denial, finding that the public benefit that is required as a criteria for this item had not been met. There was discussion about it before and there was some talk about a covenant that would be proffered, but the recommendation on the item as it stands is for denial. Chairman Teele: All right. We had the full public hearing on this before. Mr. Maxwell: Yes, sir. Chairman Teele: We're waiting for a motion. Is that where we left off? Mr. Maxwell: As I indicated earlier, you had received testimony from both sides before. There had been argument as to whether or not the item was legally before you, based on the reversionary interest question. I answered that question a moment ago. I believe there is no issue regarding reversionary rights on the property. They do go to the abutting property owners, so the question now becomes whether or not -- Chairman Teele: The issue that we left offwith was whether or not there was a reversionary interest that is cheated to the City or the State; is that correct? Mr. Maxwell: Or who had the -- Chairman Teele: Or who had -- Mr. Maxwell: -- who had the reversionary interest, that's right. Chairman Teele: And the -- you are opining that since 1972 -- Mr. Maxwell: Yes, sir. The reversionary interest on this property went to the abutting property owners, which, in this case, are the applicants. Chairman Teele: All right. Whose district is this in? Vice Chairman Sanchez: This is my district. IfI may. Chairman Teele: Commissioner Sanchez. Vice Chairman Sanchez: There was -- thank you, Mr. Chairman. On this matter, there was a valid question that was asked whether the Fire Department would be able to enter that road, and I would like for the Fire Department to answer that question as to whether the road is useable or can a fire truck go in, or an emergency vehicle enter and exit that street? William Bryson: William Bryson, Fire Chief. Commissioner went over and looked at the property. There are vacant buildings there now. I think that some of the discussion early on was that fire trucks couldn't use that street. We absolutely can use it. Some of the discussion after that was what would the effect be if it was rezoned? We wouldn't have a problem, because any plans that would come forward would have to pass review of our department, anyway. City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: OK. Chief Bryson: Does that answer your question, sir? Vice Chairman Sanchez: Yes, sir. Chairman Teele: It was my question. Vice Chairman Sanchez: Yes, sir. Chief Bryson: Your question. Vice Chairman Sanchez: As a matter of fact, it was. I have visited that site, and let me just say that I have here -- there are currently in that area just -- I believe maybe -- how many homes are there that are just -- that are occupied right now in that area? Ms. Marrero-Priegues: IfI may, Commissioner, the properties that abut the area that's requested for the right-of-way is obviously owned by our client, by Century Builders, and just for the record, ifI may, I'd like to introduce Mr. Sergio Pino, who is here today accompanying me, who is my client. They are all owned by Century Builders. In that area, most of the single- family residential lots there are zoned "C" commercial and "0" office. Mr. Maxwell: If I'm not mistaken, you asked about ownership of the property, right, sir? Vice Chairman Sanchez: I just want to know how many homes are occupied in that specific area right there as pertaining to -- see, I went and I visited the area, and I looked at the roadway, itself. My concern isn't the road closure itself because the road has no meaning, whatsoever. It's maybe a 40 yard road that dies into I-95. The concern that I have is that pertaining to when I drove around, just about all those homes have been bought out. I think there's only maybe three homes that people are living in. All the other homes either are boarded up or they had been purchased by whoever has bought the property, but my concern, once again, isn't the roadway. At the last meeting that we had, someone compared -- one of the votes that I made that I didn't support a road closure, because that road closure wasn't significant to this one. You couldn't compare that road to this one. It was apples and oranges. This is a meaningful road that has approximately about 40 yards going into a dead end, which right now, it's abandoned. It's an area that invites a bad element, possibly a criminal element to it. People could park back there. This road has no use, whatsoever. Now, my concern isn't giving them that piece of land. What I'd like to see is to have the public -- to have some type of public purpose with another piece of land to have that compatible. The density is what concerns me, but that's not the issue before us today. Ms. Marrero-Priegues: That is correct. Vice Chairman Sanchez: That will be in front of us. Now, what I want to know from this project is, would this project come back for review from the Planning Department? Ms. Marrero-Priegues: I think your staff is ready to answer that once the street is closed there, because of the underlying zoning, the developer could come and just pull a building permit, and not have to undergo any design review. We voluntarily proffered to go before the Planning staff and had the project undergo design review. Vice Chairman Sanchez: Are you prepared to proffer that covenant? Ms. Marrero-Priegues: Yes. City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: OK. Is there any other covenant that you would like to put on the record today? Ms. Marrero-Priegues: Well, I think that in meeting with the neighbors, a concern -- Chairman Teele: Before you do, before you do, the public hearing is closed. Now, if she puts records, then we're going to have to allow the opposing people to put anything on the record. It's your choice. You're free to do it, but if we open it on one side, we're going to have to open it on both sides. Vice Chairman Sanchez: Well, my concern is that I want that when it comes back, the design review -- because right now, to be honest with you, I look at it, the density continues to be a problem. Open space is something that I could look at, and the project itself the scale, is something that we would have to address at a further meeting. Today, we're just talking about that piece of land there, and I really -- I've analyzed the area, and I looked at it. You're not going to be able to stop the growth there based on what's happening, and based on the factors that are in place today, and I'd say 90 percent of those properties have already been sold. Those properties are just going to welcome development. I look at the surroundings. There's an Extended Stay, which that was the first mistake that was made there to start off with. It's about a ten -story building that's horrible. As a matter of fact, because of that building, Planning took necessary steps to fix the characters of some of the buildings around it, so you already have in front a building, and I -- just looking at it as the Commissioner that represents the area, I'd rather have a scale they're building where we're able to control the density instead of having two towers that really will have a significant amount of density, so based on the arguments that have been presented here, I could support the closure of the road, but I'm telling you, when it comes back, I'm going to be very concerned with the density. I'm going to be very concerned with the scale, and, of course, I am going to be very concerned with an open of space, basically, that we, the City, are giving you property for you to develop there, but we're not going to be able to stop development there. It's just going to happen. That's just Brickell, but I think that we have to look into the public's interest in making sure that some of that land has the public purpose in the design, but that's another issue on that matter, so I'm prepared to move to support the road closure. Ms. Slazyk: Can I just add for the record a clarification? With design review, it's a little bit vague. What I would request is that maybe the covenant be design review pursuant to the same design review criteria that is used for special permits, which is 1305. Then we have real design review criteria, and it's something that as the department does design review, we have real criteria to measure it against, because that criteria ensures the compatibility, and that whatever comes there that we do design review on is consistent with the character of the neighborhood. Vice Chairman Sanchez: Well, that's where you come in -- Ms. Slazyk: Yeah. Vice Chairman Sanchez: -- to protect that, so, yes. I mean -- Ms. Marrero-Priegues: That's acceptable. Vice Chairman Sanchez: -- make sure that the record is very clear as to the future of that design -- the scale of the building, and the design will come back for review from the Planning. Ms. Slazyk: Excellent. Vice Chairman Sanchez: So move. City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Gonzalez: Second. Commissioner Winton: Discussion. Does that -- and my apologies, so I'm not going to try to recreate -- I missed the meeting where this issue came forward, or is this the first time it's been here? Ms. Slazyk: No. Commissioner Winton: OK, that's whatl thought, so it's already been here, so I'm really way behind the eight ball, butt know that in terms of how we're treating this, you know, there's certainly precedent -- maybe not exactly the same, but we've had alley closures, a lot of those, and we have, in fact, demanded from the developers certain things, but don't remember if it was just the design review that we've requested in order to grant an alley closure. Was that the only thing we've latched on to? Because there's always -- the point that I've made at every single one of these relates not just to the architectural style, but to density, which is what he's talking about. Ms. Slazyk: Right. Vice Chairman Sanchez: My biggest concern. Commissioner Winton: Density is the whole key issue. Ms. Slazyk: That's why 1305, I think, if -- to just say that they're going to proffer that the City gets to do design review, Planning and Zoning, I think it's sort of meaningless, because their zoning development rights are already established there, and if they get this closure, they can just go get a building permit, build it, and there's nothing we can do. Commissioner Winton: Right. Ms. Slazyk: And without seeing plans, the public benefit can't be determined -- Commissioner Winton: Right. Ms. Slazyk: -- so that's why we would recommend denial. However, with the design review component and the 1305 criteria, which, if you remember the recent ordinance the Commission adopted, we expanded our criteria for design review. There's a whole matrix built in, with issues like context, and compatibility, and keeping in character with the neighborhood, so the design review criteria we have in place right now, if that's the criteria we use to review this -- Commissioner Winton: OK, good. Ms. Slazyk: -- then we've got real things to hold them to, to make sure the design is in character. Commissioner Winton: That, frankly, could be much better from a public policy standpoint than just letting this thing move forward, where they have development rights by zoning already, so I think this is a great -- Ms. Slazyk: Right, yeah. If it were to go forward without this, if you look at the aerial photograph in your package, what this sfreet closure does is it closes a sfreet here, and potentially, if the person bought this entire triangle of property, they could -- you know, under C- 1 and "0" zoning -- Commissioner Winton: Yeah. Ms. Slazyk: -- they could do something -- you know, and that's the concern; that, and then they City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 haven't shown public benefit, because we haven't been able to do review of plans, so in the plan review is where -- Vice Chairman Sanchez: The safeguard. Ms. Slazyk: The safeguard, yeah. Commissioner Winton: That's what I'm within -- that's what I was looking for. Great. Vice Chairman Sanchez: And let me just say their -- the biggest concern from the homeowners, which I happen to be very involved there, because I live there and I was the past president, and I think I've never voted on an issue against them, but let me just say the biggest concern here is if they get that alley closure, then their concern is that, of course, it gives them more FAR (floor/ area ratio), and all and they could really build what they want there. Commissioner Winton: Yeah. Vice Chairman Sanchez: So our safeguard is, listen, let's put them through the process and make sure that it comes back to Planning and Zoning, so we assure that we're able to confrol the density, and we're able to confrol the scale of the building in many ways, and it's just an important factor. Commissioner Winton: Well, frankly -- and that safeguard is sfronger than the safeguard we have in place right now with our regular zoning, so this is a significantly added benefit for public purpose that we get to review this that protects the public even sfronger than we could protect if we said, no, you're not going to close the sfreet, but you can build by Code and by zoning, and we could end up with a much worse project. Vice Chairman Sanchez: And once again, the issue before us today is just the closure of that 40- yard sfreet that dead ends on I-95, and I strongly feel it's in the best interest of the City to close that street. Ms. Slazyk: And the other thing I just would like to add for the record, if this is a voluntarily proffered covenant, I would request that it be submitted within the next 15 days or so, so if it isn't in on time, we can bring it back to the Commission for reconsideration if they don't -- Ms. Marrero-Priegues: Well, the staff will approve the final plat. Ms. Slazyk: Yeah. Ms. Marrero-Priegues: This is part of the waiver of plat. Ms. Slazyk: Oh, OK. Ms. Marrero-Priegues: So the plat would come back, and you could bring that up and get it there. Ms. Slazyk: At the final plat, if they don't give us the covenant. OK Commissioner Winton: OK. Is that right? That works? Good. Vice Chairman Sanchez: All right. Chairman Teele: All right. We have a motion to do what, Mr. Attorney? City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Maxwell: This is a motion finding that it's in the best interest of the City to -- and benefit to the City that this request be approved. Chairman Teele: I thought it had conditions. Mr. Maxwell: Excuse me? Chairman Teele: Didn't the motion have conditions? Ms. Marrero-Priegues: No. Vice Chairman Sanchez: Accepting the covenant. Ms. Marrero-Priegues: Well, accepting of the covenant, I suppose. Mr. Maxwell: Accepting the covenant. Vice Chairman Sanchez: Which has already been put on the record. Mr. Maxwell: Yeah. Chairman Teele: And Madam Director, what was your recommendation? Ms. Slazyk: With the acceptance of the covenant, we would have no further objections. Mr. Gibbs: Mr. Chairman, I've got a problem with this. My name is Tucker Gibbs. I represent the neighbors. The published recommendation of staff did not say that, and I think it is really wrong to come out here, and my clients aren't even here. I could have gotten an expert witness to refute the testimony presented right here today. The public hearing was closed. You all closed it. You said you weren't going to take other comments. I have a real problem with this. You all vote any way you want, but I'm going to let a judge decide this. This is absolutely wrong. My clients' due process rights have been really affected by this. Commissioner Winton: What -- I don't -- I'm lost, Tucker. What are you -- what is it that you're challenging here that happened? Mr. Gibbs: The public hearing was closed at the last meeting. Commissioner Winton: Mm-hmm. Mr. Gibbs: No new evidence was to be proffered into the record. All of a sudden, you have this discussion, and I'll just leave it at that, where you all have established conditions, and now the Planning Department says: Oh, by the way, we've changed -- based on a proffered covenant, we've changed our recommendation. Chairman Teele: Counsel, I'm not -- Mr. Gibbs: The recommendation was for denial. Chairman Teele: Counsel, I'm not taking exception with your objection. I'm personally troubled by the essence of your concern, which is the recommendation was published, the recommendation is being changed. However, I am taking objection to your comment that we took in additional public presentations, and a Commissioner, like a judge, has a right to ask a question. City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Gibbs: I understand that. Chairman Teele: And I don't think that constitutes a presentation by the opposing side, and I'm not -- and I also dispute the fact that once the record has been closed, that you would have the right to come in and put on rebuttal expert testimony to a question that is being asked by the quasi judges in their deliberation process. Mr. Gibbs: With all due respect, Commissioner, if new evidence is proffered in the record, I have a legal right to refute that, and if this Commission has said we are closing the public hearing two weeks ago or whenever it was -- more than two weeks ago -- you were closing the public hearing, I have an expectation, a reasonable expectation -- When the published recommendation of staff was denial, and staff changes its opinion at the last minute based on testimony today, I have no opportunity to refute that. I have no opportunity to put expert testimony on the record. Chairman Teele: I differ from your -- Mr. Gibbs: I understand. Chairman Teele: I agree with what you're saying, except I differ with your characterization that any additional testimony was put on. There was -- Mr. Gibbs: But that's your expert. Lourdes Slazyk is considered your expert. She is an expert in the field of planning. The Planning recommendation was for denial. Chairman Teele: Well, wait a minute. But she didn't make testimony. She merely gave her recommendation. Mr. Gibbs: I understand that. Vice Chairman Sanchez: Exactly. Mr. Gibbs: But you've put the opponents in the position of basically sandbagging us, because we have no opportunity to refute that testimony, and that is testimony, because it comes from an expert. It's considered evidence in a court of law and in front of a quasi-judicial body. That is a problem. Chairman Teele: All right. We can do one of two things. Mr. Maxwell: May I respond? Chairman Teele: We can proceed -- Mr. Attorney, yes, sir, you may. Mr. Maxwell: I disagree with counsel. As pointed out by the Chair, our procedures and your procedures allow you to discuss the matter among yourselves after the public hearing is closed, and you can also ask questions of individuals in order to obtain additional information, if you see fit. That's what occurred here. In fact, Ms. Slazyk, I think, was responding to a question when she gave her statement. She had an absolute right to do that. You had an absolute right to ask the question. Mr. Gibbs is fully aware that when this Commission --from past experience -- when this Commission is discussing matters among themselves, they may ask those questions, so that's not something that comes as a surprise. I think that you properly have the right to make a decision based on information in front of you now. Mr. Gibbs: Then, Mr. Chairman, I would like the opportunity to examine Ms. Slazyk to clarify the record. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: I was about to say, before the Attorney cut me off we can do -- Mr. Gibbs: I appreciate that. Chairman Teele: We can do one of two things. We can proceed, and I think what the Attorney has just reasserted is we have every right to proceed, and we can vote. I also think that we could defer the item for the purpose of allowing you to put on rebuttal testimony at the next meeting in two weeks. That's up to the Commissioner who raised the question, who made the motion. Whatever he wants to do is what this Commission, I would assume, is going to do, so, Commissioner Sanchez, if you want to proceed with this item at this point, we will do so to a vote . If you want to defer the item and allow our distinguished counsel to now put on evidence at the next meeting to refute the discussion or the -- and the statements ofMs. Slazyk -- Commissioner Winton: Is there not another alternative? Vice Chairman Sanchez: Mr. Chairman, I -- Chairman Teele: It may be another alternative. Vice Chairman Sanchez: I don't want to -- I don't want to deny -- Commissioner Winton: And that -- couldn't he rebut today? Chairman Teele: Huh? Commissioner Winton: Couldn't he rebut today? Chairman Teele: No. He doesn't -- a rebuttal today would be -- Commissioner Winton: Well, he's only rebutting one thing. Lourdes Slazyk made one statement. Chairman Teele: Yeah, but due process is two things. It's notice and opportunity, and we clearly are not going to be giving him an opportunity -- Commissioner Winton: OK. Chairman Teele: -- to prepare his case. Commissioner Winton: You guys are lawyers. Vice Chairman Sanchez: Well, I don't want to deny anybody due process, and I would have to seek the recommendation of the City Attorney on this matter, because, you know, I don't want to deny anybody the opportunity, but we've heard this -- this has been in front of us. We've heard arguments on both sides, you know. We -- Commissioner Winton: Withdraw the question -- Chairman Teele: Still, with all due respect, the Attorney cannot help you vote on this one. What -- Vice Chairman Sanchez: No, I'm not asking him to help me vote. I'm just saying that the situation that we find ourselves is, I don't want to be accused of denying anybody due process here. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: You -- Vice Chairman Sanchez: I mean, I've heard arguments on both sides. Chairman Teele: You may proceed with this, as I said, or you may afford an opportunity for him to rebut at the next meeting, but those are the only two options I'm aware that we have -- to proceed and go forward -- counsel has said you're within your legal rights to proceed today. Vice Chairman Sanchez: Well, I'm going to go ahead and proceed. Mr. Gibbs: OK. Chairman Teele: Am I correct, counsel? Mr. Maxwell: Yes, sir. Mr. Gibbs: That's fine with us. Counsel, the Commissioner has spoken. Vice Chairman Sanchez: Thank you. Chairman Teele: No. Counsel spoke. The Commissioner's about to speak. Vice Chairman Sanchez: I've already spoken. Chairman Teele: All right. Did you want to proceed or did you want to -- Vice Chairman Sanchez: I made the motion. Chairman Teele: Are you calling the question? Commissioner Gonzalez: Second. Vice Chairman Sanchez: I'm calling the question. Chairman Teele: Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Winton? Commissioner Winton: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Vice Chairman Sanchez? Vice Chairman Sanchez: Yes. Ms. Thompson: Chairman Teele? Chairman Teele: No. Only on the procedural issue. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Ms. Marrero-Priegues: Thank you very much. You all have a good afternoon. PZ.2 04-00082 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 85 FEET (COMMERCIAL) OR 95 FEET (RESIDENTIAL) IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00082 SR Fact Sheet.PDF 04-00082 PAB Reso.PDF 04-00082 SR Legislation.PDF 04-00082 FR Fact Sheet.PDF 04-00082 FR Legislation DRAFT.PDF 04-00082 - submittal - 6.pdf REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 21, 2004 by a vote of 8-0. This is related to File ID 04-00082a. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12521 Direction to the City Attorney by Commissioner Winton to review the Zoning Code criteria for current applications on file for new buildings in excess of 85 feet, which are being reviewed by the Planning and Zoning Department, and to clarify the definition of "completed applications," specifically the clause saying, "unless otherwise stipulated in subsequent legislation, " to determine if the moratorium can be applied to applications that are currently in the pipeline. City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Direction to the City Manager by Chairman Teele to publish a list of the applications currently in the pipeline and are not affected by the proposed moratorium. Direction to the City Clerk by Chairman Teele to research ordinances in the past which have an effective date of less than 30 days from its adoption. [Note: Clerk provided copies to the Commission on April 12, 2004 of four ordinances within last seven months whose effective date was less than 30 days from their adoption.] Chairman Teele: All right. We are calling up the Biscayne Boulevard item, PZ.2 and PZ.3. Those are companion items or those are alternate items? Joel Maxwell (Deputy City Attorney): They're separate items. Chairman Teele: But they're alternate. Vice Chairman Sanchez: All right. Mr. Maxwell: Well, PZ. 2 is here on second reading and what it would -- well, I'll let the staff tell you about that. Lourdes Slazyk (Assistant Director, Planning & Zoning): Basically, the same thing Joel just said . PZ.2 is a second reading for a height limit, a moratorium on accepting applications for new buildings in excess of 85 feet for non-residential or 95 feet for residential buildings in height for the SD-9 Biscayne Boulevard North Overlay District, and PZ.3 is first reading for the same moratorium, 90-day temporary moratorium on acceptance of applications for new buildings, but it's in excess of 40 feet. The first one is a second reading ordinance, and PZ.3 is a first reading. Chairman Teele: Well, I'm going to tell you, it seems to me, procedurally, Mr. Attorney, if you were to adopt PZ.2, you could still adopt PZ.3. Mr. Maxwell: Yes, sir, you could, that's correct. Chairman Teele: And if you were to reject PZ.2, you could still adopt or reject PZ.3. Mr. Maxwell: That's correct. Chairman Teele: All right. This is a public hearing. Any person desiring to be heard should first stand, raise their right hand and be sworn, if you have not been sworn. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Chairman Teele: Why is it you guys are afraid to say, I do"? You said it once, and never again? Commissioner Winton: I've said it more than once. Chairman Teele: Mr. Attorney, read PZ. 2 into the record. Vice Chairman Sanchez: Johnny has said it more than once. Commissioner Winton: Quite a few times more than once. Chairman Teele: Gentlemen, this is being broadcasted. Be careful. City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 The ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. This is a public hearing. Can I see the hands of the people who would like to testify in support of the ordinance? Can I see the hands of the people who would like to testify in opposition to the ordinance? Relatively equal. All right. Madam Clerk, do you have a list or how are we doing it? Commissioner Winton: Line them up. Chairman Teele: You may proceed. First come, first served. All right. We'll close the public hearing then if no one wants to testify. Jeffrey Bass: Real brief. Mr. Chair, members of the Board, Jeffrey Bass, 46 Southwest 1st Street, here representing the Morningside Civic Association, as I did at the prior hearing. I'd like to reincorporate those comments. This moratorium that's before you is really for you as much as it is for us. It is a place holder. It is a way to push the pause button while the underlying land development regulations for the Biscayne Boulevard are studied, finalized and adopted. The reason that you want to adopt this moratorium is to protect you, to limit your exposure and to stop developers and property owners from coming after you for the consequences that may occur if and when the Overlay District Regulations are finalized and adopted. Courts, whether it be the Supreme Court of the United States ofAmerica, the 11 th Circuit Court ofAppeals have all recognized that this is an absolutely legitimate and necessary legislative device for local governments to use for precisely this purpose; that is, to push the pause button for a fixed period of time, to freeze everything while legislation is adopted. I would like the opportunity, if anybody raises a legal challenge to what you're doing, to respond to those legal arguments. But otherwise, I think we made a very ample and complete record during the first reading on this, and we would urge you to adopt this ordinance in this form for all the right reasons. Thank you. Chairman Teele: All right. Without objection, the entire record of the previous first reading record, both those for and against are being made a part of this record, so there will be no need to replicate the arguments. Thank you, Mr. Bass. Andrew Dickman: Good afternoon. Andrew Dickman, law offices at 9111 Park Drive, Miami Shores, Florida. I'm here representing Jim Wing, who is a resident ofMorningside. I, too, also am here to speak in favor of this ordinance. We think it's abundantly necessary while the City and others work diligently to fry to bring some type of permanent legislation. One of the things thatl do want to put on the table, as you think about this, is that in your Zoning Code, there is a criteria for current applications that are in the so-called pipeline. The definition of a completed application is in there, and the status is that essentially that they're vested once they meet the definition of "completed." However, in that description -- and I'm sure your legal counsel can expound on this more thoroughly -- is that there is a clause in there that says, "unless otherwise stipulated in subsequent legislation." That would indicate that this body, at one time, contemplated that there might be a need for some type of retroactive or changing of that status of completed applications. The reason I'm saying this is that we are very concerned about some very large projects, MUSP's (Major Use Special Permits) and Class II's that are very quickly rushing towards development and approval on the boulevard, and that the whole spirit and intent of having everybody work together on all sides to create a piece of legislation in the Zoning Code for the SD-9, that everyone can more or less be satisfied with, is to try to come up with something that's better for the entire community, and I believe our feeling is that if these five or six big, large developments are allowed to move forward with heights and bulks that are in excess of what will come out of probably the legislation that it could be an extreme detrimental effect on the character of the boulevard, so I would ask you to contemplate that in this 40-foot moratorium. I urge you to pass the current second reading moratorium now, quickly, to ease the City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 fears and concerns of everyone on the boulevard, and then between the first and second reading of the lower moratorium, the 40-foot, contemplate and look into that issue of whether or not we can apply that moratorium to applications that are preliminary and others that are in the pipeline, because I fear that if we have five or six MUSP's and Class II's coming on line, it may have a negating effect of the whole legislation that we're all working on. Thank you. Commissioner Winton: And Mr. City Attorney, I share that concern, so could you, in fact, look into that very issue, so we can talk about that at a subsequent meeting? Mr. Maxwell: Yes, sir. Commissioner Winton: Thank you. Mr. Dickman: IfI could, also, just a procedural note, and I thank Mr. Bass for helping with this. I note in the Planning fact cover sheet for PZ.2, it states that this is for a 120-day temporary moratorium, but, in fact, the legislation states it's a 90-day temporary moratorium. I wouldn't want any confusion to jeopardize this legislation, so maybe staff would want to clear that up and make sure that this is, in fact, 90 days. Commissioner Winton: It's 90. Mr. Dickman: OK Commissioner Winton: That's what I offered at the first reading. Mr. Dickman: OK I just didn't want anybody to rely on that 120-day there. Thank you. Vice Chairman Sanchez: It's 90 days, right? Commissioner Winton: It's 90. Vice Chairman Sanchez: Yeah. Mr. Dickman: You did change it on the record? OK Staff says that you just changed it on the record. Thank you very much. Chairman Teele: All right. Peter Ehrlich: Good afternoon. Peter Ehrlich with a residence at 77 Northeast 69th Street and a business at 395A Northeast 59th Sfreet. I'm also the president of the Lemon City Taxpayers Association. I'll be very brief. Biscayne Boulevard is very unique and certain sites and certain streets definitely deserve height limits and very, very careful planning, but with this ordinance before you and its consequences, I would like to recommend that you look carefully at the area just due west of Biscayne Boulevard between Northeast 59th Sfreet and Northeast 67th Street. That area would love to see taller buildings, new residences, new development and new jobs. Perhaps you could encourage City staff and your consultants, DPZ (Department of Planning and Zoning) to encourage the taller buildings that developers are proposing on Biscayne within that zone just west of you know, the area you're discussing today. There are many benefits to this policy and that area would very much like to see some new development. Thank you very much for your time. Chairman Teele: All right. Any -- thank you very much. Allyson Warren: Excuse me. Allyson Warren, 650 Northeast 82nd Terrace. I'm representing Shorecrest Homeowners Association. We support the 85/95 limit. We're fortunate enough to City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 have two projects that are being planned at either end of our community where the developers have been insightful enough and respectful enough to the neighborhood to not even attempt to go over 95 feet, even long before this was in progress, so we're really happy with that. We also have one small knife of commercial zoned property right smack in the middle of the neighborhood on the westernmost border by the boulevard that is likely to not be protected unless height restrictions are put in as soon as possible. We would love to see lower, sure. 95 feet, we've seen the plans and so far, we are in full support of what we've got in front of us, so hopefully, you'll be able to do this and get the legislation into place as soon as possible. Thank you. Chairman Teele: Thank you. All right. The public hearing is -- Commissioner Winton: You all need to -- if you're going to speak, would you all come line up at both podiums, so we don't have to wait for everybody to get up, you walk up, I mean -- so, if you're going to speak, please come to each podium. Gordon Willitts: Gordon Willitts, speaking for 411 Northeast 52nd Street. I respectfully ask you to consider the 40-foot moratorium until you have time to review all of the plans that are set before you. I would like to bring up one thing, and that is at past meetings, there had been commercial or people who represent commercial properties who have got up and screamed and yelled that they'd bought property and improved the boulevard, and some of those properties were demolished by Unsafe Structures. There's one on Biscayne and 51 st Street that -- 52nd Terrace that is presently under violation for vacant and unsecured property, and has been for a long period of time. Those people came in and bought property, very reasonable, and did nothing to improve those properties, and they just set there until they're either torn down or they're boarded up and become a nuisance for prostitutes or whatever else. I think that when you review the efforts that have been made by the people who live in these neighborhoods -- they have gone to the charettes, have gone to all the meetings and they have fried their best to try and improve the neighborhoods -- that that should be taken into consideration when you have people that come in, simply buy property, let it be vacant, let it set there and then want ten fold on their investment. I would ask you to take that into consideration. Thank you. Chairman Teele: All right. Brad Knoefler: Hi. My name is Brad Knoefler, 1521 Alton Road, Miami Beach. I'm here because I'm a property owner on Biscayne Boulevard. 7300 Biscayne Boulevard is a property that we bought approximately four years ago, abandoned crack house, burned out. We spent a good deal of money and a good deal of time renovating this building, and I think that everybody here would agree that the result of this project is something that's probably one of the models of urban redevelopment, at least in the Biscayne Corridor. I'm here tonight because I'm somebody who very much cares about this neighborhood. I definitely want to see the neighborhood continue to improve, and I have some serious concerns about all of the things that have been going on recently, but in any case, what I want to talk to you about today are the consequences of what will happen with the moratorium, both the 40-foot and the 95 foot. As you know, every action that you take will have positive and negative consequences, and I'm just simply frying to inform you of the potential negative consequences that will happen if you pass this moratorium. First thing is that I think everybody realizes this is becoming a citywide issue, as can be seen from Item PZ.4 on the agenda tonight, so this is something that also should be taken into consideration with whatever decision that you make. So what are the consequences of the 95- foot moratorium? Well, since the beginning of the year -- Chairman Teele: Excuse me one minute. What was the -- Mr. Attorney, what was the limitation as contained in PZ.2? Mr. Maxwell: I'm sorry, could you repeat that? City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: The height limitation. Mr. Maxwell: This is 90 feet -- 85, 85 and 90 feet. Chairman Teele: In PZ -- Mr. Knoefler: 95, I believe. Commissioner Winton: 85 and 95. Chairman Teele: In PZ.2, what is the height limitation that you read in the public hearing? Mr. Maxwell: 85 feet, commercial; 95 feet, residential. Chairman Teele: Thank you. Mr. Knoefler: What are the consequences of the 95 foot moratorium? Well, since the beginning of the year -- Chairman Teele: Are you implying that you don't object to the residential; you just object to the commercial? Commissioner Winton: No, he's objecting to both. Mr. Knoefler: No, no, the whole thing. Basically, I would estimate there's probably at least a hundred million, if not more, of projects that have been either on hold or disrupted since the beginning of the year. Even though the moratorium hasn't been in effect, my understanding is that the Planning Department is invoking zoning in progress, or at least orally informing people that if they come in as of right -- under the current Zoning Ordinance -- Chairman Teele: Are you representing any of those people that are on hold? Mr. Knoefler: Sorry? That are on hold? Commissioner Winton: Are you representing anyone? Mr. Knoefler: Yes, I actually do have a project that's involved in this. Chairman Teele: So you're representing who today? Mr. Knoefler: Myself. Chairman Teele: So your project is on hold. Mr. Knoefler: I have a project. I also own a property on the boulevard. I've been involved in the boulevard for a good deal of years. Chairman Teele: All right. Mr. Knoefler: OK. The problem is that we're imposing a 95 foot height limit, even though as of right, the height is unlimited, but we're also keeping to the current Zoning Code of a 40 percent footprint. What's the result of this? In a lot of cases, there's projects that can't be built. The whole purpose of the 95 foot height limit, as the proposed ordinance that's going to be held for second reading later on this month, is that the footprint requirement would be relaxed to allow City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 the FAR (floor/area ratio) to fit in the -- within the 95-foot height limit. Now, applying a 40 percent footprint and the 95-foot height limit, in a lot of cases, projects cannot get built. They can't fit the FAR in, so people are on hold because of that. There's also a good deal of people that may be able to swing it and make it work, but they're doing things that are less than quality designs. For example, having to take a big chunk out of their building, so we're seeing an awful lot of less than quality designs being submitted as projects since this moratorium or the threat of the moratorium has been -- taken place. Now, you might say this is 90 days, big deal, it's only a temporary thing. Someone who's a developer still has to pay their employees, they still have to pay the interest to the bank, and they still have to pay their architects and lawyers. Now, there's also increased risk the further out you push these projects. Everybody in the industry knows about the spiraling prices of concrete and steel, and the further you push this out, you're going to have some potential economic consequences that might even make some of these projects not be feasible. The other issue regarding the 95-foot moratorium that I would argue is that if you take someone who has owned a property and said, `Maybe I'll develop it one of these days," and all of a sudden, the moratorium comes in, all the height limit situations. A lot of people are freaking out. Oh, my God, the City's taking away my property rights. I better do something fast. They weren't planning on doing a development, but they're putting in plans, they're submitting, and they're basically quickly throwing things together just to be able to preserve their property rights . A lot of these projects aren't very good design. They're being done very, very quickly and can have substantial negative consequences, even more so than other solutions that might be -- come up with in the future for the neighboring residents. I would argue that because of the moratorium and the threat of all this, we're actually getting a slew of projects that wouldn't normally be submitted in the natural sort of evolution of the boulevard. Now, what kind of projects are being submitted here? For the most part, you've heard the arguments. Boxy buildings. I'm sort of guessing that the signature architectural style on the boulevard is going to be the box in the future. Low ceiling heights -- and this is something that, like it or not, is an important issue, because lower ceiling heights mean a lower quality development. People are going to put in cheaper finishes. They're going to sell it for less. They might even look at doing affordable housing type of projects. I really doubt that anybody is going to be paying three hundred, three hundred fifty dollars a square foot for a condo on Biscayne Boulevard with an ugly building and eight and a half -foot ceilings. Most important thing in terms of the type of projects being submitted -- and this is something that everybody should take into consideration if you, like me, share the vision of the cafes, restaurants, pedestrian area along the boulevard. Very few people that are submitting projects as of lately are able to put in restaurants. Given the fact that we're looking at a 95-foot envelope, the additional parking requirements of a restaurant in a lot of cases would make that unfeasible, so for the most part, the City's requiring filler units, but they're putting in retail spaces and no restaurants, and this is important, because probably the best chance of us getting the vision of the boulevard that we all share is through a lot of these new developments. Chairman Teele: Madam Clerk, are you all awake? What's going on? This has gone on for six minutes, and I don't want to cut the gentleman off but if we give one person this kind of time, we're going to have to give everybody. Mr. Knoefler: I'm almost finished. Sorry. Chairman Teele: Take your time. Mr. Knoefler: OK. Chairman Teele: You've obviously got the -- a relationship with the Clerk, so you're ( UNINTELLIGIBLE). Mr. Knoefler: It indicates a 95-foot moratorium. That's some of the consequences that we're seeing already, and will continue to see in the future. But then what happens? A moratorium of City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 40 feet is submitted, and a lot of us were surprised that was even submitted in the first place. Everybody in the business knows that it's really impossible to build a 40-foot building on Biscayne Boulevard without losing money. I've done the numbers, be happy to share them with anybody that wishes, so basically, what you're saying here, with the submittal of a 40-foot moratorium is you're basically wanting to put a moratorium on all of the development on Biscayne Boulevard. Commissioner Winton: Ding. Two minutes, Brad. Come on. Mr. Knoefler: All right. In any case, what's the effect of all this on investors? One is confusion. Investors hate nothing more than uncertainty, as everybody knows from stock markets or whatever. People invest in this country because they are -- a lot of places, they're fleeing uncertain political situations, Latin America and so on. I think that by approving this moratorium, you're sending a clear message to investors and property owners that you don't respect property rights. Now, I know that in the past, the Commission has stated that's not the case. Commissioner Winton: Ding, ding. Come on. Mr. Knoefler: I'm finishing up. Commissioner Winton: Well, you were finishing up two minutes ago when we were at six, and it's a two -minute limit, so. Mr. Knoefler: In any case, I urge you to respect some of the opinions shared here tonight, and basically, I'd like to urge you to take into consideration, before you make any decision, a lot of these consequences that I mentioned tonight. Thank you. Chairman Teele: Madam Clerk, we're going to ask you to cut off people if they don't -- I mean, you've got to let people know the time. I understand the timer is not working, but you've got to let people know in two minutes, their time is up, OK? Priscilla A. Thompson (City Clerk): Thank you. Chairman Teele: Please. All right, sir. Elvis Cruz: I'll be very brief gentlemen. I'm going to read to you from the executive introductions, the Upper Eastside. It's from the master plan, one quick paragraph: On March 28, 1996, Mr. Jack Luft, Director of the City ofMiami's Department of Community Planning and Revitalization, convened the residents and property owners of the Upper Eastside to initiate developing a master plan for the future development of Biscayne Boulevard and the adjacent communities. The reason I read that, it started on March 28, 1996, eight years now, the neighbors of the Upper Eastside have been working on this project, on this planning process. We've attended numerous planning sessions, workshops and the charette. All of them were legally advertised. The number of opponents to the moratorium have said that this is a surprise that was sprung on them. They really can't truthfully say that. I'm not going to talk about the importance of the moratorium. The attorneys mentioned that, but as a quick example, we were here last night on 150-foot high condo project. It was a very close vote, 5/4, and for reasons we do not understand, it's been scheduled to go to the City Commission in two weeks, instead of the usual 30 days. We feel that won't give us enough time to adequately prepare, and we just want you to know that, and hopefully, you can come to our aid, sir. Commissioner Winton: Lourdes, how can that happen? I mean, now we're trying to fast track them instead of -- City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Ms. Slazyk: What was the question, sir? I'm sorry. Commissioner Winton: Well, there was a project that went before -- was the PAB (Planning Advisory Board) last night? Ms. Slazyk: Yes, yes. Commissioner Winton: And there was a 5/4 vote, 150 feet on the boulevard, and they're moving it to City Commission in two weeks instead of the normal 30 days? Ms. Slazyk: They had been delayed, because they had gone to PAB, and then they went back and modified their plans, and when they submitted, they went to that Planning Advisory Board and asked for City Commission ofApril, because of how long it took them to correct their plans, and go back to the neighbors, and then get back to PAB, and on to Commission, so they will be here on the 22nd. Commissioner Winton: Well, it seems to me, by the way, that since we're putting a moratorium in place, which means we're frying to slow everything down so we can figure out where the hell we are, that it's absolutely 100 percent inconsistent to be speeding something up that we're trying to slow down. Ms. Slazyk: Right. The thing with the moratorium is it's a moratorium on accepting new applications, and theirs was already in the pipeline before this. Commissioner Winton: I don't care. Ms. Slazyk: OK. Commissioner Winton: Why would we speed any of them up? I mean, who makes that decision? Ms. Slazyk: Actually, the 30-day waiver is between the Law Department, and they ask the Planning and Zoning Department for our recommendations on it. Mr. Cruz: Commissioner, ifI may. No one from our neighborhood was consulted on that. And it is a substantial revision that they've done to the plan, and we would like to be able to do our due diligence in preparing a defense for it, so if you could help us out on that, it would be much appreciated. Just to finish up -- I'm almost done. At this time, I'd like to ask all of those neighbors that are here in support of the moratorium to please stand and be recognized, as is our tradition. We normally get a much larger crowd, as you know, but this being the middle of the day, people are mostly working. This is the eighth time that these neighbors have come down here to City Hall on this high-rise issue, and a number of these citizens were actually there on March 28, 1996 to begin the process that we're now hoping to bring to culmination, so please don't delay and please support the moratorium. Thank you very much. Imad Hamud: Hi. My name is Imad Hamud. Chairman Teele: Pull it down. Mr. Hamud: OK. Hi. My name is Imad Hamud. I live at 889 North -- Commissioner Winton: Up closer to the mike. Mr. Hamud: Oh, OK I'm sorry. Commissioner Winton: There you go. City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Hamud: My name is Imad Hamud. I live at 889 Northeast 78th Street. I own property on 7500 Biscayne Boulevard. First of all, I wish to thank you, Commissioner Winton, for appointing to this committee that will help decide this issue. I urge that the committee would use fairness and respect the rights of all property owners around this federal highway. If we act in fairness, I know we can come to a common ground. Now, I would like to talk as a property owner on Biscayne Boulevard. I'm concerned about the down -zoning. First of all, I object to down -zoning to 40 feet. Even 85 or 95 doesn't work well for us, doesn't give us facility to design the building we need, and height restriction will have severe negative impact for a long time to come. This Biscayne Corridor needs development. We need to encourage development and not to let progress pass us by. Thank you. Please work for the future. Thank you. Chairman Teele: Thank you very much. Yes, ma'am. Mary Foehrenbach: My name is Mary Foehrenbach. I live at 655 Northeast 55th Terrace. I've lived there for 34 years. Many of you know me from my work with the Safe Neighborhood Parks Bond Program. My concern today is the same as it is with the parks. I'm here for human beings. I hear about buildings, but buildings are for human beings. They should have a scale that's going to allow us all to see the sunrise and the sunset. I ask you to consider the moratorium so that we can adequately put together the builders' desires and the neighbors' desires. Thank you very much. Steven Caterbone: Yes. Hello. My name is Steve Caterbone. I live at 432 Northeast 65th Sfreet, along with my wife and daughter. I live in Palm Grove, the largest neighborhood in the Upper Eastside. Distinguished Commissioners, I sympathize with your position. You must carry the water from the well, and you must decide what bucket you put it in. To my neighbors east of the boulevard, I respectfully honor your opinion. I completely disagree. If you pass these restrictions, there will be victims. You must ask yourself, who will be the victims? I live in Palm Grove. I'm open to the boulevard. I will be a victim. My neighbors will be a victim. Back in 1992, me and my wife were on our knees, guns pointed to our heads. A year -- and robbed. I did not resist. A year later at my house, at gunpoint, I was robbed for my bicycle. I did not resist. A year after that, I saw a man die and take his last breath. He died on the other side of my fence, and me and the police watched him take his last breath. People talk about quality of life. The boulevard has saved my life. I beg you, I plead with you, do not kill this engine that is driving this renaissance. There's more victims. Jobs. I talk to all of the businesses on the boulevard. To sustain their businesses, they need more people. Those businesses need our support. Do not underestimate those six and seven dollar an hour jobs to the local young people in my neighborhood. It serves as job apprenticeships for these people. Help them build their resumes. In addition -- Ms. Thompson: I'm sorry, sir, but your two minutes are up. Chairman Teele: What's your address, by the way? Mr. Caterbone: 432 Northeast 65th Sfreet. I want to say one more thing, please. Chairman Teele: You said 65th? Mr. Caterbone: Yes, please. I want to say one more thing, please. The City ofMiami will be a victim. Distinguished Commissioners, you have turned this city around from junk bond to A+ rating. When most governments are associated with deficits, you have a chance for bigger taxes that will mean better services. I plead you, I beg with you, do not put any restrictions. Do not inhibit development or do not discourage it. Thank you. (APPLAUSE) City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Jennyfer Simpson: Sorry. IfI wasn't nervous before, I'm nervous now. My name is Jennyfer Simpson, 530 Northeast 59th Street. What a wonderful opportunity you have to actually step back and note the unique and excellent quality of life in the Upper Eastside neighborhoods, to know that much of the history and defining nature ofMiami lies in these neighborhoods, and to do so at a time when you are not under the gun of financial crisis, so I've heard. Mr. Chairman, I am here to ask for your help in our struggle. The citizens don't have the muscle of the big law firms, unlimited money, big influence. You and the other Commissioners are our muscle, ifyou will. We need you to help us preserve what is good about Miami and to protect us from the damage indiscriminate development can do. Long after the developers have taken their money and gone, we, who are committed to the neighborhoods, will be left with the mess, and very possibly, the disintegration of the very neighborhoods that we saved and made so attractive to the developers and the moneymakers. Help us. Pass each of these moratoriums -- each one of them, and in return, create as your Commission's legacy the formulation of an intelligent, considerate, progressive but historically sensitive urban design plan for this very special part of Miami. Thank you. (APPLAUSE) Chairman Teele: Ladies and gentlemen, thank you all for attending City Hall. The Marlins game was last night, and the Heat was last night, and we don't jeer, applaud, boo, hiss. You know, we're local government, and we're trying to provide a quality of service, so we would appreciate ifyou would refrain from expressing your views in support or in opposition, butl thought the contrast between the last two speakers was very interesting, sort of a tale of two cities. By the way, with the police riding bikes now, I take it riding bikes is a lot more safer than it used to be, so we've -- Caterbone: The change has been dramatic. Chairman Teele: Change has been dramatic. Mr. Caterbone: (INAUDIBLE) change beyond my wildest dreams. Chairman Teele: OK, so he's agreeing that the change has been dramatic, and I'm sure that the Police Department -- so please -- the message there is, please, keeping riding your bikes, police, up and down. Thank you. Is this a big law firm? Adrienne Pardo: This is a big law firm. Hello, My name is -- Commissioner Winton: Big law firm. Ms. Pardo: Big law firm, over 1,000 attorneys. My name is Adrienne Pardo with law offices at Greenberg, Traurig, 1221 Brickell Avenue. I'm here today in opposition of the moratorium. The City has worked very hard over the years with regards to redevelopment in the City, and the City has done a great job. A moratorium, any type of moratorium that you bring will cause a chilling effect within the City, and not just on Biscayne Boulevard, but anywhere within the City, and think even without the moratorium, just having the discussion about the moratorium has had that chilling effect, particularly on Biscayne Boulevard and any pending sales that -- any transactions that are presently occurring. Everything has come to a halt. Therefore, we would request that you not pass the moratorium. We're working on the SD-9 Committee to come up with regulations with regards to Biscayne Boulevard and regulations that will -- hope to address the citizens, the private property owners, the residential homeowners, as well as the business owners and come to a compromise between the two, and lastly, I'd like to say with regards to the moratorium on the 40-foot limitation, I believe that that ordinance is before you improperly; that it was not properly advertised -- City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Maxwell: Excuse me. Ms. Pardo: -- before the Planning Advisory Board for the 40 foot. Mr. Maxwell: I think -- that's not the item in front of you right -- Oh, the 40 feet? Ms. Pardo: So you want me to come back up? I will come back up. I didn't know if you wanted everybody to get back up, with regards to the 40 foot, or I would just make that statement now. Whatever the City Attorney -- Chairman Teele: The Chair has ruled that anyone can discuss either one of the items. Ms. Pardo: OK Then I would just like to say, for the record, that the 40 foot moratorium was not advertised as a 40 foot moratorium when the item went before the Planning Advisory Board. What had gone before the Planning Advisory Board was the 85-foot moratorium, and at that time, the Planning Advisory Board said, we would like it to be 40 feet, but the advertisement for any of the property owners had said that there was an 85/95 foot limitation, not 40. Chairman Teele: Well, that's an interesting argument. You're basically saying that the Planning Advisory Board can only take an action before it, and it can't modify the request that's before it. Ms. Pardo: It can only modify it, just like the Commission can only modify it, under certain specifications, but when you have people out there -- let's say if somebody wanted to build a 95- story building and -- I'm sorry. Let's say they wanted to build an 80-foot building, and they saw an advertisement that said there was going to be an 85-foot limit, so they didn't go to that hearing, but then you can't have the board reduce it to 40 feet, because they didn't have notice of it. Chairman Teele: So you would argue, if they had increased it to 100 feet, it would be OK? Ms. Pardo: Yes. Chairman Teele: All right. Ms. Pardo: Maybe. I don't know. The other side might argue the reverse. Chairman Teele: All right. Ms. Pardo: But I think you have a problem there. A defective ordinance. Chairman Teele: OK. Thank you very much. Fernando Fernandez Casfro: Yes, good afternoon. My name is Fernando Fernandez Casfro. I live in 5929 Northeast 6th Court, in Morningside. I lived there for seven years. I live in the area since -- I start living in Miami in 1978, and working in the Design District, and since then, I don't be -- don't see big changes, and I'm opposed to any type of delay the progress of Biscayne Boulevard. I think -- I am a resident there and I think we need changes, big changes, because nothing happened in the last 26 years because I know the area. Thank you. (Applause) Commissioner Winton: Apparently, he didn't hear the Chairman's request not to clap. Ruben Matz: My name is Ruben Matz. I live at 714 Northeast 59th Street, in Morningside. I've been a resident ofMorningside for three years, and I personally believe that the development on City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 the boulevard will enhance the entire corridor, will bring a lot of security and progress to the entire neighborhood, and for all the neighbors in Morningside, all the residents, we'll have a lot more security than we do have today, with all the little motels, with crack houses in there, and I promised the lady that was here on 55th Street, that with the developments on the boulevard, she will still be able to see sunrise and sunset. Thank you. Chairman Teele: Thank you very much. James Wing: My name is James Wing, 5911 Northeast 6th Avenue. I'm from an even bigger law firm, but I'm here as a sole and a private individual here tonight. First of all, in 1990, the SD-9 overlay was put on the boulevard, and that meant, at that point in time and from thereafter, that thou shalt not build a larger building without first getting a Class II or an MUSP (Major Use Special Permit) permit, and to do that requires a showing, an affirmative showing that the project is not out of scale, and that the project is not inconsistent with the surrounding neighborhoods, so when people talk about development as a right and I can go sky high, it's just not frue. You don't have that along the boulevard. What the 85/95 foot moratorium -- and even better, the 40 foot moratorium -- is attempting to do here, obviously, is to just slow things down a little bit. I have attended one session of the so-called "Winton Committee," as a sub for Mr. Dickman. It's moving along. Ms. Pardo, in fact, was the one that wanted that committee. We're trying to do a smart ordinance. We're trying to take account of the differences between various sections of the boulevard. Everybody on that committee agrees, you don't put up 100 foot high buildings on narrow lots immediately next to Morningside on the east side. You don't do that. That's insane, and there will ultimately be expert testimony from some of the best in the world saying you don't do that, and so, what we're simply asking here for today is that the moratorium go into effect; first the 85/95, which is fine, but it really doesn't matter. The real issue is the 40, because that's the lowest common denominator, and that should be approved, as well, and then that'll just give us sufficient time to do that. Those are going -- those meetings are going very quickly. We're going to be ready, I predict, by the time of the Commission hearing on the 29th or 26th, or whenever this thing comes up, and the whole point of moratoriums is to just slow things down so we can do it right. We ask that you vote for both of these. Thank you. Chairman Teele: All right. Sir, you'll be the final speaker? Imad Hamud: Yes, sir. Chairman Teele: OK. Very good. Mr. Hamud: I'd like to pass some papers, please, if you don't mind. Chairman Teele: No, no, no, no, no. Ms. Thompson: Name. Mr. Hamud: That's for you. Chairman Teele: No. Where is the Clerk's assistant there? Ms. Thompson: And we need your name for the record, please. Chairman Teele: All right, sir. Just give us your name and address for the record. Mr. Hamud: My name is Imad Hamud. I own properties along the boulevard, and one of them would be (INAUDIBLE) 7500 Biscayne Boulevard. Chairman Teele: What is your address? City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Hamud: It's 889 Northeast 78th Street. Chairman Teele: Thank you. Commissioner Winton: What was it? Chairman Teele: 889 -- Mr. Hamud: 889 Northeast 78th Street, and 921 Northeast 78th Street, and further, and further, and further. Chairman Teele: Is that in the City, or is that in El Portal, or Miami Shores? Mr. Hamud: No. That's Shorecrest, which is two blocks of -- Chairman Teele: You're two blocks from the City limits. Mr. Hamud: No. I'm in the City limits. City limits up to 87th Street and Biscayne Boulevard. Chairman Teele: There, OK. Mr. Hamud: Yeah. We're on 78th Street. Unidentified Speaker: That's just south of -- Chairman Teele: Yeah, on Northeast 2nd, the City limits are on 83rd or 82nd. Mr. Hamud: Yeah, I guess so. Somewhere around there. I lived there for about 28 years now, sir. (INAUDIBLE). This is the Bert Harris Act, which protects my right, and I'd like to read the second paragraph, if you don't mind. Part II. "The Florida Land Use and Environmental Dispute Resolution Act creates a new, non judicial settlement procedure that a land owner can use, without having to file a lawsuit, in the hope of getting relief from a governmental decision, which reduces property value by unfairly or unreasonably restricting" -- I repeat, restricting -- " the landowner's use of that property." Now, down zoning at our expense, as property owners, to these certain people in my community -- which I call my community -- is not fair. You got to be fair with everybody, OK They cannot have the whole pie for themselves. Now, Mr. Winton, this is your district, I presume, and -- Commissioner Winton: And my resolution. Mr. Hamud: And your resolution, as well. Chairman Teele: But under the Rules of Procedure, you direct your comments to the Chair. Mr. Hamud: To the Chairman. You're right. With all due respect to you, sir. Chairman Teele: I mean, so that -- so it doesn't get into an argument. Mr. Hamud: Sorry. OK I'd like to say this very briefly, though. Mr. Winton is a real estate man and he knows how devastating that could be if he down sized -- down zoned and restrict the height of certain buildings. The value of the land would decrease, and dramatically, there would be no developer with the right sense of mind that would come over and invest millions of dollars that -- if he cannot -- it would not be economically feasible anymore for no developers, so you're chasing away development right there. You're killing the projects along the boulevard. That's City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 not right. I say throw away this memorandum, whatever. Go back to the old zoning, unrestricted height. We could work with the community. They don't like 100 feet, we make it 120 . You know, we could always work something out. Ms. Thompson: I'm sorry, sir, but your two minutes are up. Mr. Hamud: No. I'm not done. Commissioner Winton: Mr. Chairman. Chairman Teele: Yes. Commissioner Winton: I think the Clerk notified the speaker that his two minutes were up, but his response is "I'm not done yet." Mr. Hamud: Commissioner Teele, (INAUDIBLE) one more minute, please? Chairman Teele: Thirty seconds. Mr. Hamud: Thirty seconds. Would you put that back on? Thank you. We have a lot of respect to their opinion and everything. They have a fear or phobia of high building, what have you. Chairman Teele: You know, you could have made -- you know, you haven't made one minute of presentation. You've talked about Commissioner Winton -- Mr. Hamud: Right. Chairman Teele: -- which is not the point. You're talking now about the -- Why don't you make your point, and let's -- Mr. Hamud: My point is, we're going to end up hurting by putting these restrictions, height restriction, the 45 or the 95. I'd like to see it 140, 150. Like when we purchased these properties, the Zoning Department inform us it's unlimited height. Now to come around all of a sudden, you cannot build it. It's not fair. That's just not fair. Chairman Teele: Your time is up. Thank you. Mr. Hamud: Thank you very much. I appreciate your time. Chairman Teele: You made a very good point. Public hearing is closed on this item. Mr. Attorney, would you read the item once more for the record, please? The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: IfI may, Commissioner Winton, may I direct a series of questions to the attorney? Commissioner Winton: Yes, sir. Chairman Teele: Mr. Attorney, does this ordinance have effect after 90 days? Mr. Maxwell: No, sir. Chairman Teele: Does this ordinance protect all applications that have been properly received and in the pipeline -- City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Unidentified Speaker: Yes. Chairman Teele: -- within the City ofMiami? Mr. Maxwell: At this time, it does, sir. Chairman Teele: Is there a list of those applications printed somewhere, or noticed somewhere? Mr. Maxwell: Maybe Planning Department can answer that question, sir. Vice Chairman Sanchez: Aren't there six of them, I believe -- seven? Ms. Slazyk: I can't vouch for whatever may have come in very late in the day yesterday, but there are six that are -- Chairman Teele: OK. I'm going to -- Ms. Slazyk: Yes, there's a list. Chairman Teele: -- respectfully request to the maker of the motion if he would add an amendment to the ordinance, or a companion resolution, directing the Clerk or the staff to publish a list of those applications that are not affected by this, so that everybody's on notice, so that we don't go back and forth about who's in and who's out. All right. If that's going to be acceptable to you? Commissioner Winton: It would be. Chairman Teele: And -- Mr. Attorney. Mr. Maxwell: 90 days after the effective date of the ordinance. Chairman Teele: Say again. Mr. Maxwell: 90 days after the effective date of the ordinance. Commissioner Winton: Which is 30 days from now. Mr. Maxwell: Yes, sir. Commissioner Winton: I was going to bring that up. Chairman Teele: Why? See, we've created a little bit of -- Why are you doing that? I mean, why don't you -- Commissioner Winton: Do it now. Chairman Teele: Why don't you truncate -- This ordinance can be amended by the maker of the motion to truncate the effective date. Right now, it's 30 days, but it can be truncated into 14 days . Can it or can it not? Mr. Maxwell: No, sir. It's 30 days. The way we've addressed that issue in the past is to address another ordinance -- is to adopt another ordinance dealing with the effective date of this one. If you want to go beyond the 30 days -- but to shorten the 30 days, we have not done that. City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: But we have done it -- Commissioner Winton: We don't want to go beyond 30 days, obviously. I mean -- Mr. Maxwell: No, no. I'm saying -- Chairman Teele: We obviously don't want -- But we have done that at least five times since I'm sitting here. Commissioner Winton: Yeah. Chairman Teele: Madam Clerk, I want you to go back and pull the record where the previous City Attorney has opined that we can shorten the days. It's within the discretion of the maker of the motion, but I'm not going to challenge it because I think what we don't want to do is give rise to a challenge with your statement on the record. All right. I don't have any other questions. Commissioner Winton, I'm going to recognize you to make a motion, and then let's have discussion. Commissioner Winton: Fine. But I'm going to start off my -- before I make the motion -- and then, obviously, you know where my motion's going to go -- butt think a little history on a little bit of both sides of the fence is in order. When I got elected a little over four years ago, there was an absolute demand, I think, from everybody sitting in the audience that the City ofMiami do something to stimulate development in the Biscayne Boulevard Corridor; that we had huge problems up there with prostitutes and drug dealers, and vagrants, and all kinds of issues relative to properties along the boulevard. Well, I think that we can show that we've been successful because redevelopment is coming to the boulevard. However, that said, the arguments that the neighbors are making -- and I think someone referred to the fact that I'm in the commercial real estate business, which is absolutely true, so I don't -- I think I know a little bit about this business. The idea of -- when the moratorium idea came up, I put on the record, on the day that introduced this ordinance, which I'm going to repeat today, and that is that would never lightly introduce a moratorium because it does, in fact, have many of the chilling effects that a number of people have stated in this meeting today, butt also said that think that we can mitigate those chilling effects by making sure we do a number of things. One is, make the period for this moratorium very short. Two, make sure that we have a process in the pipeline that leads to the real answers, as opposed to simply announcing a moratorium and hoping that someday we come up with some sort of an answer. We do have a short time frame for the moratorium. It's 90 days after the effective date, and number two, we have a fast track planning process going on that is represented by individual citizens who own single-family homes; it's represented by the big lawyers with all the money, who represent the clients with all the money who want to build the big buildings, and it's represented by commercial property owners who actually own property along the boulevard, so I think we have a good mix of people, and what's coming out of that is a fast track process, which is, in fact, designed to treat the individual elements along the boulevard in the manner in which they ought to be freated, and the flaw in the original ordinance that came before us adopting the master plan for -- the new master plan for the boulevard, is that it freated the boulevard -- from 36th Street to 87th Street, every single square inch of that boulevard got freated the same. That was a mistake because it isn't the same. The area in front of Bay Point, as an example, has a very wide boulevard; it's got a median, and the properties on the west side of it are up against another street, which is Federal Highway and the railroad tracks, and it has high-rise buildings on it. Those aren't inappropriate in that zone through there, but when you get up near Morningside, you've got a boulevard that is very narrow; there is no median, and the lots themselves are very shallow, and they're right up against single-family homes, and I would challenge any single one of my -- of you developers who are suggesting that putting 150-foot building on the east side of the boulevard, smack dab up against a single-family home, I would bet you anything, you would never buy that home and live in it yourself, and so why in the world would we allow the development community to come City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 in and build a building right next to a house where you wouldn't own one? That isn't right, and our job, as policymakers, is to figure out how we balance all of these needs; property rights advocates, redeveloping the boulevard, which everybody in this room wants. There isn't a single person who doesn't want to see the boulevard redeveloped. Everyone wants the same thing. The question that we're going to answer, over the course of the next 90 to 120 days maximum, we're going to provide the answer in terms of how we balance those needs as best we can. I don't know what the answer's going to be because I don't have a preconceived notion, butt have a sense that when we finish, that we will end up with something very similar to what Elvis Cruz showed us in his slide series, and that is, in those little, narrow properties along the boulevard, we're going to have a scale and height that's human in nature, very much like the residential -- single-family residential neighborhoods behind it. We're going to have -- on some of the major commercial nodes -- high-rise that we haven't maybe even thought about, but that's the objective that we're driving to, and I believe firmly, as well -- last point -- and that is about scaring all of the developers off. This is -- these have been public hearings. There's been nothing that we've done that's been done in a back room somewhere, and the development community is listening to everything we're saying, and I will guarantee you, as soon as this moratorium is lifted, which is, at maximum, going to be 120 days -- and I'm not going to extend it because we are going to have a solution to the problem, so it isn't going to go beyond 120 days, and we have the rules in place that solves everybody's needs -- the developers are going to be right back in the same spot, except they're going to know the rules clearly; they're going to know what we want where and how, and they're going to be back with their money and redevelop the boulevard in a way that makes all of the boulevard work for everybody involved, so that said, my motion is to adopt, on second reading, the 90-day temporary moratorium on buildings in excess of 85 and 95 feet. So moved. Commissioner Regalado: Second. Vice Chairman Sanchez: Second. Chairman Teele: Second. Commissioner Sanchez. Vice Chairman Sanchez: Discussion. Thank you, Mr. Chairman. You know, four years ago, this City supported a development summit to attract development to our City. I mean, we knew that the future of the City, based on the financial situation that we were in, we would have to rely on new projects coming on board to help the economy, or else the burden would have been passed on to the taxpayers by increasing your millage, which we couldn't do because it was at 10 percent. We couldn't go any higher, so we had to find ways to increase fees to pay our bills here in the City, and we were at the verge of bankruptcy with sixty-eight million dollars. Well, my gosh, that development summit opened up the doors for massive development in the City of Miami. The numbers today speak for themselves. One point seven billion dollars in new projects, capital projects that are already in construction phase. An estimated twelve to fourteen billion dollars in projects that are on line, so with time -- you know, neighborhoods are looking out to protect their characteristics because they see it. I mean, you're seeing construction everywhere. It's happening, and people are starting to get concerned, so moratoriums -- temporary moratoriums is a perfect solution for certain communities to give them time to reevaluate and find, as Commissioner Johnny Winton stated, a solution to a problem that exists today, and if we don't address it with a reasonable compromise on both sides to find a solution to that, we will have an incredible impact to this community, whether it be negative or positive. I think it would be negative, but that's my opinion, but I'll tell you this much: You're starting to see different communities and neighborhoods being concerned about the development that's happening in their community. What's going to happen -- these moratoriums, is that certain areas are going to temporarily stop development, and it's going to bring development to certain areas that are still yearning for development, such as Allapattah, Little Havana, and certain areas in our community, so I could support a 90-day, 120-day in any community, as long as it gives you an opportunity to create the legislative laws to protect the characteristic of your City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 community, because it is your community. It is your neighborhood. It is the neighborhood your children and your family enjoys, but could tell you this much: I tend to agree with my colleagues, and I think the opinion here is that when you say the word "moratorium, " in many cases, it sends a chilling impact on not only developers, but other individuals, and I'll tell you why. I had the perfect example, based on my experience. When I bought a property -- when I was looking for a property to buy, we went and we looked at a property right next door to Coral Way -- behind Coral Way. It was the first house next to Coral Way. In the process of buying a house, you know, you're excited about the house. You want to buy the house. We looked at it, and one of the questions that we asked the realtor was, what can they build -- there's a duplex out there. Well, really, it was a 6-unit, but what can they build behind me? Next to me, what can they build? "Oh, they could build a 12 to 15-story." I don't want it, because I know what was getting myself into, so I moved into a neighborhood that don't have to worry about that because it's R-1 all around, but in specific areas -- and when I say specific areas, the Upper Eastside is an area that, of course, at one time, was slum. Today, it's changed tremendously. It is the envy of many people to live in that area. It's a beautiful community with a great future, so I commend you, and I commend you, Commissioner, for taking an action that sometimes is not, as I say, leadership correct -- politically not correct, but leadership correct, to support this 90-day or 120 -day moratorium to analyze the situation and have a solution that will protect the characteristics of the neighborhood, the residents, and in many ways, please everyone, which is impossible in our profession, but we fry our best, so I just wanted to state that for the record because we're going to have another hearing after this based on another moratorium, and I could guarantee you, we're going to have another one next month, because I've already gotten calls on people that are, you know, looking out for their community, so with that said -- the Chairman is not here so -- Chairman Teele: I'm right here. I'll be happy to hear from you. Commissioner Regalado. Commissioner Regalado: Everything that we have heard, we will hear again from the residents of the Silver Bluff area, and the reason is one that is very simple, and this is why I am fully supporting this, in order to have the staff come back with some changes that will, first of all, give the public the possibility of have an input, and to voice their opposition, or to voice their support for any projects, and you will hear -- the public watching TV (television) and some of the people here -- why I'm saying this in regards to Silver Bluff. In terms of Biscayne Boulevard, I agree with the area Commissioner, Commissioner Winton. Four years ago, I remember -- no, five years ago -- six years ago, we had hundreds of complaints from residents about prostitution in the area. I remember that when we were Citywide, we used to get complaints from the Upper Eastside and how that has changed, so I think that it only will be to fine tune what we're frying to do, and I will fully support the moratorium, and I will request that the staff come back, as soon as possible, with these recommendations, because after all, we -- at least, my view of the complaints is that these complaints are very legitimate, and they're very legitimate because the residents that now live and have lived for 20 years -- like myself in the Shenandoah area, 29 years in the same house -- we, as single-family residents, we took the brunt when the City was in crisis. We stood for the City when we had to raise taxes, when the fire fee -- and when the City was trying to be abolished, and it's not fair, now that the City is becoming rich, to just walk over the people that paid their dues, so I'm here for this balance. Of course, my balance, one, it will be tipping off to the residents, but still, I will be supporting this moratorium and the next, and the next one, if there is one, because we need to have -- like it was requested last meeting -- a full review of the code of the City ofMiami, so we're ready. Chairman Teele: All right. Thank you very much. I have a -- Madam Clerk, I have a document that lists three pages of people that is -- addressed to Mayor Manny Diaz -- that are opposed to the height limitation. I don't know if anybody's submitted that for the record, butt want to make sure that that is in the record. I would only say the following: First, Commissioner Winton, I will not support a moratorium that is permanent, that is across-the-board in the manner that this is before us today, as the permanent fix. However, I do think that a moratorium that is before us City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 today to design and perfect a plan, consistent with the language that Commissioner Winton used in his discussion, is something that will support for the purpose of giving us time to ( UNINTELLIGIBLE) and reflect with the maximum public input on the uniqueness of Biscayne Boulevard. There are some areas that are narrow. There are some areas that are -- have greater depth. There are some areas that are really abutting single-family residential, and I think a plan has to take into account all of those things, and so I just want to assure those people who are in opposition that if there would ever be a plan to just extend the moratorium and make it permanent, that this is one -- and I'm not suggesting -- Commissioner Winton: And I'm with you. I would never do that, and think the people that I'm representing know that. I've told them that. Ninety days was as much as I was willing to put on the table. Chairman Teele: Well, I'm not saying -- you're -- I'm not saying that wouldn't go for an extension of 90 days if there were a good reason for that. Commissioner Winton: Real good. Chairman Teele: With a real good reason. I'm not suggesting that there should be, but am suggesting to you that this is not, in any way, shape or form the -- what the outcome of this should look like, if it's going to have my vote. In other words, it has got to be a plan that looks at every lot, that looks at every parcel and analyzes each parcel on its own merits, without just a one -size -fits -all. You know, the simplistic approach of a cut -- a budget cut across the board, or a height limitation is not where I want to come out, so I want to encourage the people who are in opposition, except those that are applauding at inappropriate times -- I thought you were going to buy tickets for all of us to go to the Heat's playoff maybe or something. OK. That's all right, butt want to encourage the people who are in opposition to engage in the process. This is not a done deal. This is not a done deal, and I want to encourage the homeowners to really look at each lot and each circumstance on its own merits, and not just try to take a simplistic approach, because I think, in the end, that's going to get us all in a position where we don't want to be in, and so I'm supporting the moratorium for the purpose of giving us time to -- under Commissioner Winton's leadership, to develop a more comprehensive and a logical process that gives rise to something that hope will be unanimously supported. I also want to just say to the people from Silver Bluff and Commissioner Regalado, I think this has been very helpful, I hope. I'm hopeful that most of the people from Silver Bluff were here for the beginning of this, because I know we do have some issues around Silver Bluff. We're going to have to hear from the attorney before we begin that process, and we do have a little bit of a hiccup here today on that, but -- or glitch, I should say, but the fact of the matter is, is that think this Commission is moving in a direction to fry to respond to neighborhoods, andl really commend the residents of Silver Bluff for taking the time to come down today, so unless there is some closing remarks by Commissioner Winton, Madam Clerk, call the roll. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. Chairman Teele: And the ordinance is therefore adopted by the Commission, and now it goes for the approval of the Mayor or a -- an action -- I should say an action by the Mayor. All right. PZ.3 04-00082a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 APPLICATIONS FOR NEW BUILDINGS IN EXCESS OF 40 FEET IN HEIGHT FOR THAT AREA LOCATED IN AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT OF THE ZONING ORDINANCE AND ZONING ATLAS OF THE CITY OF MIAMI; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00082a SR Fact Sheet.pdf 04-00082a Legislation.pdf 04-00082a FR Fact Sheet.PDF REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. This is related to File ID 04-00082. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings over a certain height along the SD-9 Biscayne Boulevard North Overlay District. Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele Chairman Teele: Now, Commissioner Winton, are you going to move forward on PZ.3? Commissioner Winton: Yes, I am. Chairman Teele: All right. Mr. Attorney, would you read the ordinance into the record? The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: And I'm actually hoping this one never takes effect, because if we get -- continue to fast track the work we're doing, this -- the -- Chairman Teele: Is it your intent that if this item passes on first reading, to hold it from second reading? Commissioner Winton: No. I think it can go to -- I mean, it ought to go to second reading, but I think it could go to second reading -- I don't care if it goes to second reading in 30 or 60 days, because it's not going to take effect until 30 days after that, so I'm saying I hope that we're done with everything -- and we should be done with everything -- before this second ordinance goes into effect, and there are places along the boulevard where this is very important. There's other places where it's not. Chairman Teele: All right. All right. We have the matter before us. Is there anybody who feels City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 the absolute necessity to come forth and give the same speech that you've given before, in opposition to this? In opposition. Let's just hear from the people first in opposition. Yes, sir. Come forward. Any person in opposition. Steven Caterbone: Distinguished Commissioners, I would just like to say -- Chairman Teele: You have to give the Clerk -- Mr. Caterbone: Oh, I'm sorry. My name's Steve Caterbone. I live at 432 Northeast 65th Street, a resident of Palm Grove, the largest neighborhood in the Upper Eastside since 1987. Thank you. I would just like to express the fact that the Palm Grove residents have a completely different point of view, and are being felt left out of this process, and that's all I would like to say . We are an area of residential homes, multi family buildings with apartments; some people rent, some people own. We feel we are the largest neighborhood, and from my brief period going -- walking the streets, there is a lot of opposition to this, and we feel we are being left out. That's all I'd like to say. Thank you. Chairman Teele: You're in opposition, is that right? Mr. Caterbone: I'm definitely in opposition of any restrictions of any type on the boulevard. Thank you. Chairman Teele: Thank you very much. Counsel, do you have the need to be on the record on this again? Yes. Adrienne Pardo: Just briefly. Adrienne Pardo, 1221 Brickell Avenue. I just want to say that the 40 foot height limitation for the entire boulevard, I believe, is totally inappropriate. Thank you. Commissioner Winton: That could be modified at the next meeting. Patrick Whiteside: Good afternoon. Patrick Whiteside, 780 Northeast 69th Street. I'm a business owner along the boulevard area, and quite frankly, I think the 40 foot rule is not only wholly inappropriate, but kind of pointless at this point. We have the 85/95-foot rule passed. I think that that is, given between the two, a wise compromise, and secondly, 40 foot, essentially, is a three to four-story building, and I don't think a three to four -- or even a five to six -story building is going to make any negative impact anywhere along the boulevard, especially the west side, and I think it is just pretty much a waste of time and resource to create this moratorium, especially if you're going to dedicate a second study regarding the impact of a building up to 40 feet. The 85/95-foot, we cannot argue, will create some sort of an impact based on the specific area adjacent to the neighborhoods, but a 40 foot building would provide, ultimately, no impact at all. I would encourage you to vote "no" on the 40 foot moratorium. Thank you. Chairman Teele: Thank you very much. Counsel. Unidentified Speaker: I'm not (UNINTELLIGIBLE). Imad Hamud: Imad Hamud, 889 Northeast 78th Street. Forty foot and 85-foot is still not enough. No restriction, please, and do not restrict, inhibit or discourage any source of development along the boulevard, especially the west side. Everything's happening on the east side. They could do whatever they want to do over there. West side, we need to develop. Chairman Teele: All right. Opposition? Andrew Dickman: Not opposition. City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: People here in opposition -- are there any other people in opposition? We heard four people in opposition. Can we hear from four people that are supporting? Ms. Mary, you want to come down, please, ma'am? Commissioner Winton: Who? Chairman Teele: Yes, sir. Mr. Dickman: Once again, Andrew Dickman, law offices at 9111 Park Drive, in Miami Shores, Florida. Incorporating comments from the last hearing, ifI may. Also, I would like to state that the reason that this is needed, obviously -- and Mr. Winton -- Commissioner Winton -- excuse me -- has stated this, that there is a uniqueness on the boulevard, and the ordinance that we are all working on will address issues where 40 feet is appropriate, and perhaps, higher buildings will be appropriate in other places, so that's really the reason why this is needed to go forward, and I also want to state that we believe that this ordinance is properly before you. The Commission initiated this ordinance. Commissioner Winton initiated it through the Commission. It was done approximately two hearings ago, and the PAB (Planning Advisory Board) actually passed a resolution itself on a 40-foot moratorium, so it has been contemplated and thought through by the PAB, and we believe that it's absolutely properly before you and properly advertised. Chairman Teele: All right. All right. Mary Foehreback: Mary Foehreback, 655 Northeast 55th Terrace. I hope you didn't ask me to come up because I'm the most elderly person here, butt have my suspicions. I think we want the moratorium for many reasons. It will let us all, as Commissioner Winton said, put our heads together and come up with something that's aesthetically pleasing to all of us, and will make the boulevard work. We want to make the boulevard work, but we want a quality of life, and we want to preserve our historic districts. Thank you very much for all the good work you have done. Chairman Teele: Thank you. Jeffrey Bass: Very briefly, Jeffrey Bass, 46 Southwest 1st Street, from a law firm where we like to say size does not matter. Whether or not, at the end of the day, it's the will of this Commission to adopt this ordinance, there is absolutely no downside in approving it today at first reading, and on a point of order, if the purpose of the moratorium is to preserve those opportunities to preserve the unique aspects of the boulevard, to differentiate, and if the purpose of the moratorium is to protect the City and to limit the City from exposure, then it makes all the sense in the world to adopt this on first reading today, whatever the ultimate will of the Commission is. If and when it comes for second reading, that's a separate story, but at that time, as Commissioner Winton noted, the overlay district will have ripened and we'll know exactly if and where it's appropriate, but in order to preserve that opportunity, you need to move this forward today. Thank you. Chairman Teele: All right. The public hearing is closed. Is there anybody else? All right. The public hearing is closed. Commissioner Winton, you're recognized for a motion. Commissioner Winton: Move the motion. Commissioner Regalado: Second. Chairman Teele: We've read the ordinance, right, Mr. Attorney? Joel Maxwell (Deputy City Attorney): Yes, sir. City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Madam Clerk, call the roll. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Teele: All right. This concludes the items relating to Biscayne Boulevard. If you are here on Biscayne Boulevard, please leave quietly. Please. All right. Commissioner Winton: Unless they wanted to stay for Coral Way -- I mean, for Southwest -- for 27th Avenue. PZ.4 04-00296a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1; PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00296a SR Fact Sheet.pdf 04-00296a PAB Reso.PDF 04-00296a Legislation - Modif.PDF 04-00296a Exhibit A.pdf 04-00296a - law memo 3.pdf 04-00296a FR Fact Sheet.pdf 04-00296a Legislation.pdf REQUEST: To Establish a 90-Day Temporary Moratorium APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended for discussion. PLANNING ADVISORY BOARD: Pending recommendation on April 21, 2004. This item is related to File ID 04-00296. PURPOSE: This will establish a 90-day temporary moratorium on the acceptance of applications for new buildings located on the SW 27th Avenue corridor from Coral Way to US-1. CONTINUED Direction to the City Manager and the City Attorney by Commissioner Regalado to expedite item PZ.4 by scheduling it on the agenda for the Planning Advisory Board meeting scheduled for City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 April 21, 2004; then on the Commission agenda ofApril 22nd for consideration on first reading; and then on the Commission agenda ofMay 6th (first meeting in May) for consideration on second reading. A motion was made by Commissioner Regalado, seconded by Vice Chairman Sanchez, and passed unanimously, to create a committee composed offive members to make recommendations to the Administration on Code changes that will be proposed as the result of the study of the 27th Avenue corridor; said members to be appointed in consultation with the City Manager and Commissioner Regalado. Direction to the City Clerk by Chairman Teele to collect the names and contact information, including e-mail address, of individuals who wish to receive notice of direct mailing of matters relating to the 27th Avenue corridor and provide Commissioner Regalado with a copy of said list . Commissioner Regalado stated his office would do the mailing of notices. [Note: Clerk collected names and contact information of those interested in the Southwest 27th Avenue Corridor and delivered same to Commissioner Regalado at the end of the April 8, 2004 Commission meeting.] Direction to the City Clerk by Chairman Teele to research what happened to Mr. David Colas, resident of 2235 Southwest 25th Terrace, related to his voting disfrict; and send him a letter with copy to the members of the City Commission, explaining to him what district he is in and whether he was affected by the redistricting which took place within the last few years. [Note: Clerk researched voting precinct of David Colas, 2235 S. W. 25 Terrace; address within District 2 until redistricting in 2003 changed it to District 4; sent letter with this information to Mr. Colas on April 19, 2004.] Chairman Teele: Now, just so that the record is clear, we have PZ (Planning and Zoning) -- what is it, 2 and 3 left? Unidentified Speaker: 2 and 3. Chairman Teele: And 4. It's my understanding -- and we're going to have to do this subsequently on PZ.4 -- but it's my understanding that there is a mandatory provision regarding PZ.4, Mr. Attorney? Joel Maxwell (Deputy City Attorney): Yes, sir. PZ -- Chairman Teele: And you want to just state that on the record and then we'll have to make a motion later on. Mr. Maxwell: Our Zoning Code requires that these items first go to the Planning Advisory Board before they come to the City Commission, so placement of this item on the agenda today was premature. We sent you a memo -- the Commission and Manager a memo on Monday from our office, indicating that this item needs to be sent to the Planning Advisory Board for hearing, and then will come back to the City Commission. It is scheduled and being advertised for a PAB (Planning Advisory Board) meeting of the 22nd, I believe -- 21st, Wednesday, the 21st, and we have also pre -advertised it for the City Commission meeting for the following day. Of course, that would be based on the Planning Advisory Board ruling on the matter one way or the other. If they do not rule on the matter, then you would not be able to hear it the next day, and it cannot be heard today. Vice Chairman Sanchez: I'm sorry. So what you're basically saying, it's in front of us illegally today. Mr. Maxwell: Improperly. City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: Improperly. Mr. Maxwell: You cannot -- Vice Chairman Sanchez: Improperly. Mr. Maxwell: You cannot build a record or hear this item properly today. Vice Chairman Sanchez: OK. Commissioner Regalado: No, no. We cannot vote. Mr. Maxwell: You cannot make a decision on this item today. Commissioner Regalado: A decision. Mr. Maxwell: Yes, sir. Commissioner Regalado: But we can hear the people. Mr. Maxwell: Yes, sir. Commissioner Regalado: OK. Mr. Maxwell: You can't make a decision on the item though. Commissioner Regalado: OK. Chairman Teele: Yeah, but he's saying something different. Vice Chairman Sanchez: Yeah. Chairman Teele: I mean -- Commissioner Gonzalez: Yeah, but we cannot use -- Chairman Teele: He's saying -- are you saying that you cannot hear the item or you cannot make a decision on the item? Mr. Maxwell: If you want to allow the public to speak, you could do so. However, there is no record being made. It has no consequence in terms of the decision -making process. It has no relevant value, whatsoever, if they were to address this issue. Vice Chairman Sanchez: It's got to go through the proper source. Commissioner Regalado: Yeah, but the public that is coming, it's not their fault that we made a mistake. Chairman Teele: That's true. And if anybody wants to be heard, as far as I'm concerned, we'll hear them very briefly, but -- because that's what you petition government for, but we will reassert at that time their statement has no bearing on the record. All right. The time is 4 o'clock. Commissioner Sanchez. Vice Chairman Sanchez: No. I just want to know, is there anyone here for this item, PZ -- City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: 4? Vice Chairman Sanchez: -- 4. Commissioner Regalado: No, no, no. Mr. Maxwell: No, no, PZ .4 has -- Commissioner Regalado: Remember, PZ.4 goes after the Biscayne Boulevard, remember. Chairman Teele: All right. Mr. Maxwell: Yeah. Chairman Teele: All right. Ladies and gentlemen -- we have a translator, as well. Do we have a -- Priscilla A. Thompson (City Clerk): Commissioner, we polled the audience and there was no one that needed one. Commissioner Regalado: Sorry? Ms. Thompson: We polled the audience, asking whether or not they need a translator, and they said that they didn't. Commissioner Regalado: OK. Much better. Mr. Chairman -- Chairman Teele: All right. Ladies and gentlemen, we're going to recognize -- PZ.4 is up. If you're here on PZ.4, would you just sort of raise your hand so we get a feel? OK, fine. Commissioner Regalado: PZ.4 is the Silver Bluff 27th Avenue Corridor. Chairman Teele: All right. We're going to turn the matter over to Commissioner Regalado. Commissioner Regalado: OK. Thank you very much, Mr. Chairman. In the last meeting, we discussed the Biscayne Boulevard items, and because there was a sense of urgency, we placed and advertised this public hearing regarding the moratorium on 27th Avenue Corridor, District 2 and 4, along Coral Way to US-1. It was advertised. However, we got a legal opinion from City Attorney Alejandro Vilarello saying that this needed to go first to the PAB, the Planning Board, which the ordinance that we just heard on Biscayne Boulevard went through that process . However, I asked the City Attorney and City Attorney Joel Maxwell if we could continue with this public hearing and hear the residents, and he agreed. He concurred that we can listen to the residents. This has been expedite in a very unique way. The City Attorney ordered that this would be advertised, and it will go to the PAB -- that is the Planning Board -- on April 21, 2004, and immediately, which is extraordinary, come to the City Commission the next day, April 22nd, for action by the Commission. In -- Chairman Teele: Commissioner -- Commissioner Regalado: In asking that -- Chairman Teele: Commissioner. Commissioner Regalado: Sure. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: But it's going to come back on April -- Commissioner Regalado: 22nd. Chairman Teele: -- 22nd for first reading. Commissioner Regalado: For first reading. Chairman Teele: And then it's going to come back again in May -- Commissioner Regalado: On May, which we will place -- because its uniqueness -- on the first -- Mr. Maxwell: PAB. Commissioner Regalado: -- on the first meeting ofMay. Chairman Teele: Yeah. One of the things I'm hope -- one of the things that I'm hoping the Commission will consider doing is consolidating the May meetings into one, because we've changed the date around -- and we won't do that now, but we will hear it twice. In other words, we'll hear it on April 22nd, and then we'll hear it in May. Commissioner Regalado: Right. Chairman Teele: And the PAB has to hear it first -- Commissioner Regalado: Right. Chairman Teele: -- as you said, right. Commissioner Regalado: So -- but today, we can hear the residents, and today, the Commission can direct the City Attorney to move forward with the process of placing this on the PAB and the City Commission agenda; is that correct? Mr. Maxwell: That's correct, sir. Commissioner Regalado: OK. Mr. Chairman, the other issue is a report that already the Planning Department is working on the overlay, and we -- as Commissioner Winton did in the Biscayne Boulevard issue, we will appoint residents -- committee to work with the Planning Department, the Zoning Department during this process of the moratorium, and to bring back to the City Commission what we hope will be an overlay that will give 27th Avenue the possibility of not waking up in the morning and seeing a 14-story building next to a house, without a public hearing, without going through staff without all the process that you all know. Chairman Teele: Is that legislation -- are you going to move that tonight? Commissioner Regalado: Yeah. Well, no. Actually, what I'm trying to do tonight is to hear the people, and to direct the City Attorney to place it on the ballot -- I mean, on the agenda, and also to officially create, today, the committee that we will appoint to work with -- so, in fact, we need a motion to create the committee and all that. Chairman Teele: That's what I was going to -- so, why don't we do that? Why don't we ask the Attorney to give us the language, or we can do that while the public hearing is going on. City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: Right. Chairman Teele: And as soon as that is finished, we'll have that language -- Commissioner Regalado: And then -- Chairman Teele: -- to prepare this legislation. Commissioner Regalado: And then we will -- through my office, we will appoint the members of the committee. On the other issue that is sort of the one that triggered this public hearing, there is a debate regarding a public alley or a private alley. Public Works says it's a public alley, and in order to use that alley, we will require a public hearing, and I'm referring to the project of Catalonia, Silver Bluff so -- but that's more along the way. It's a total different issue, but I just wanted to give you an update, that we are discussing with Public Works the issue of the alley. The other thing is -- and the Code Enforcement Director was here, Mariano -- that tomorrow, or today, the people in the office, which is illegal, were given a note of cease and desist, and if they do not, the City ofMiami Police Department will take action, because they already are in notice. That is an illegal office that is functioning on a sort of a resident -- what used to be a residential, so illegal -- it's illegal, so the Police Department will be acting on it. Having said that, Mr. Chairman, I will thank you for letting this hearing move forward because, you know, the fact that we wanted to be parallel to Biscayne Boulevard, it made us place this item in the agenda, and the City Attorney said, well, it has to go first to PAB, so I don't think it will be an inconvenience, but I think it's important, if they came, that we listen to what the residents have to say in terms of the situation in the 27th Avenue Corridor. Chairman Teele: All right. I think there -- and I agree with you, Commissioner, and again, I think what you're doing is very noble and appropriate. I think there are two things, however, that we ought to dispense with. Number one, it appears that some of our colleagues would like to go ahead and authorize this committee now, and that is -- Mr. Attorney, you need to frame the motion and allow -- in the motion, allow Commissioner Regalado to make the appointments by memorandum to the Clerk. Vice Chairman Sanchez: So move. Commissioner Regalado: It is the same motion actually used on the Biscayne Boulevard -- Mr. Maxwell: Right. It was -- Chairman Teele: Well, that motion, actually, the Manager made the appointments, in consultation with -- Mr. Maxwell: That's right. I was -- Chairman Teele: -- the Commissioner. Commissioner Regalado: No. I'll make the appointments. Mr. Maxwell: I think what happened the last time -- and Commissioner Winton specifically asked for that too and I advised that he not do it, and I believe the appointments were made -- I don't know if they were made by the Manager or not, but -- Chairman Teele: How many appointments are we talking about? Alicia Cuervo Schreiber (Chief of Operations): They were made by Winton's office. City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Maxwell: OK. Commissioner Regalado: How was that committee formed? Mr. Maxwell: OK. What that committee does -- and this is the important aspect of it -- what it does is it makes recommendations to Planning staff. Commissioner Regalado: Right. Mr. Maxwell: They do not -- Commissioner Regalado: They do not do the Code -- Mr. Maxwell: Actual -- Commissioner Regalado: Right. Of course. Mr. Maxwell: They simply make recommendations to Planning staff. Commissioner Regalado: Of course. Mr. Maxwell: And the actual decisions are made by the staff to the Commission and so forth. Chairman Teele: All right. Look -- Commissioner Regalado: And -- excuse me, Mr. Chairman. Chairman Teele: No. Commissioner Regalado: And that -- would that committee be able to meet with me without any Jennings or -- that committee is -- Mr. Maxwell: Yes. What happens is, that would be -- you'd be working -- not -- this is not on the moratorium issue. This is on plans that would -- Commissioner Regalado: I understand. Mr. Maxwell: -- implement change. Yes, you can do that. That's a legislative action. Commissioner Regalado: OK. Chairman Teele: All right. How many people were in the -- what -- how many people do you want on the committee, Commissioner Regalado? How many are on the Biscayne Boulevard committee? Commissioner Regalado: How many were on the -- Commissioner Winton: I don't know. I don't know. Chairman Teele: Madam Planning Director. Commissioner Regalado: Five, five, five. Having five members will facilitate the interaction with the Planning Department, because if we have like 20 -- if we have like one -- so, five -- Commissioner Winton: Is better than ten. City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: -- is, you know -- Are you OK with that? Ana Gelabert (Director, Planning & Zoning): Yeah, we will be OK with five. Chairman Teele: Your name for the record. Mr. Maxwell: For the record, your name. Ms. Gelabert: Ana Gelabert, Director of Planning and Zoning. Sorry. Chairman Teele: All right. There's a motion by Commissioner Regalado that the -- that there will be an appointment of five persons to be made in consultation between the Manager and Commissioner Regalado -- Vice Chairman Sanchez: Second. Chairman Teele: -- for the purpose of advising the Planning Department and the PAB and all other governmental bodies -- necessary governmental bodies of the City ofMiami for the purpose of what, Mr. Attorney? Mr. Maxwell: I -- Commissioner, I would suggest advising staff not advising -- their recommendation would go through staff to the PAB -- Chairman Teele: All right. The staff. Mr. Maxwell: -- on the development -- on the study and redevelopment of -- What are you doing over there? Unidentified Speaker: The overlay. Commissioner Regalado: No. On the Code changes. Mr. Maxwell: He's talking about the Code changes that will come as a result of the study. Commissioner Regalado: On the Code and zoning changes -- Mr. Maxwell: That will come as -- Commissioner Regalado: -- in the 27th Avenue Corridor. Mr. Maxwell: Necessary or may be implemented as a result of the studies in that area. Chairman Teele: All right. Commissioner Regalado: OK. Chairman Teele: Is that satisfactory to you, Commissioner? Commissioner Regalado: Yes, sir. Chairman Teele: OK, and the motion says that the appointment will be made in consultation with the Manager and Commissioner Regalado. Is there objection? Commissioner Regalado has made the motion. Seconded by Commissioner Sanchez. Is there objection? And the appointments -- all right. All those in favor, say "aye." City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? Now, at this point, we're prepared to hear from the public with this caveat: Everyone will be limited to some reasonable amount of time. Any persons that are repeating, we're going to ask that you not do that, and understand this: This presentation is not a part of the record; is that right, Mr. Attorney? Mr. Maxwell: Not a part of the record for purposes of making any decision on this moratorium. That's right, sir. Chairman Teele: It's not a part of the record for making any decisions, and that has to be clear because before we can take anything that's going to be a part of the record, it has to first go before the Planning Advisory Board, the PAB, so the PAB, then the City Commission, then back to the City Commission, and all of that should happen before the end ofMay, in accordance with Commissioner Regalado's wishes. Commissioner, one of the things that you might do is, you might put an effective date of immediately in your ordinance, as opposed to 30 days, and that could be done; is that right, Mr. Attorney? Commissioner Regalado: It can be emergency ordinance. Mr. Maxwell: No. Chairman Teele: We don't want to do emergency ordinances. Mr. Maxwell: And that -- Commissioner Regalado: Well, it can be effective immediately after second reading. Chairman Teele: Well, that's what we're saying. In the second reading -- well, say 10 days, as opposed to 30. Is that -- Mr. Maxwell: Well, I would -- remember, that ordinance is not in front of you now, OK, so -- Chairman Teele: I understand -- Commissioner Regalado: But -- Chairman Teele: -- but we're talking about drafting the ordinance. Mr. Maxwell: Yes. Commissioner Regalado: Think if it were -- Mr. Maxwell: Yes, we can look at making whatever changes for effective date you may want to do. Commissioner Winton: Wasn't that an easier answer? Chairman Teele: Much easier. OK. Now, folks, there's one important thing. If you want to receive notice about these meetings on this issue, this would be a very good time for you all to let the Clerk get your name and address, so that you can get direct mailing on this item, and Commissioner Regalado, I hope that's satisfact -- that works our Clerk's office a little bit more and the Hearing office a little bit more. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: My office will get the listfrom the Clerk's office and we'll do the mailing. Chairman Teele: Is there a form that we can pass out to everybody -- Ms. Thompson: Yes, sir. Chairman Teele: -- that would like to get that? Ms. Thompson: Yes. Chairman Teele: And ifyou'll be -- Commissioner Regalado: So, anybody -- as a matter of fact, I would ask you to write your name and addresses. Ifyou have an e-mail, please, ifyou remember, and anything that goes on with this, whether it's Code enforcement regarding the situation -- the illegal situation with that building, the alley, Public Works issue, or the process, PAB, City Commission, anything will be report back to you, if we have your names, from my office in the next weeks until we finish this process. Chairman Teele: All right. Are there any two people that are representative of the community at -large, Commissioner, that we could hear from first? Commissioner Regalado: We have the president of the Silver BluffAssociation -- Chairman Teele: Great. Commissioner Regalado: -- Homeowners' Association here, Dr. -- Chairman Teele: All right. Well, we'll recognize her for as long as she needs to speak on this matter, ifyou can assure me that you'll speak for everybody. Josefina Sanchez Pando: I'm sorry it's not on the record. You said as long, and you haven't heard me as long. My name is Josefina Sanchez Pando, 2110 Southwest 24th Terrace. I'm the president of the homeowners -- the Silver Bluff Homeowners' Association. We are appalled. We are horrified at what is happening in our neighborhood. We don't know how soon you can come to help us. You are our elected officials; elected to protect us, not to leave things go array. If any one of you would just kindly visit the site of 27th Avenue, between 24th Terrace and 24th Sfreet, where the building named Catalonia is going to be built, the way it's going to be built, the way it's going to affect the quality of life of our association. Can you think of the two neighbors who live just by it to go out into their yards and look up 14 stories high just by them? Can you imagine? I live on 24th Terrace, and the traffic on 24th Terrace now is atrocious. We're just picturing 56 apartments, two cars per apartment. That gives me 112 cars more driving two ways up and down our streets at the velocity they go; the pollution it brings. Those are emotional issues that myself and other homeowners who have no knowledge of the Code, which you do have, can bring up here, but within our association and our neighborhood are other persons who know the APCs and the DOT (Department of Transportation) and the ADW, which we don't know, and all of that time that you so graciously gave me, I am going to share with Mr. Arsenio Milian and Mr. Garrido, who do know what it's all about, so if you so graciously have them recognized, please. Arsenio. Arsenio Milian: Good afternoon, Commissioners. My name is Arsenio Milian. I live at 2657 Southwest 21 st Sfreet, in the middle of Silver Bluff. I'm the vice president of the homeowners' association, and on behalf of that association, we'd like to commend you for taking the initiative of creating this moratorium to give us time to take a breathing and be able to understand what is City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 at stake, and see if we can find some safeguards for the protection of our neighborhoods. They - - we want to make sure you all understand that we are not totally opposed to development. We want to have a strike -- to strike a balance between the development rights and development property, and also the protection of the quality of life and the value of our properties in our neighborhood. These are -- needless to say, that a lot of the attraction of all of these developments in our neighborhood, especially Coral Way and on 27th Avenue Corridors, are because the houses and the neighborhoods in the area are attractive, so it's a very well established neighborhood that, because of the success, is attracting this that, in effect, is going to be creating the problem that is going to destroy the greatness of these neighborhoods. I think the -- what we are seeing -- we're seeing every single day, we see a new sign coming up of new development and new high-rises, and it looks like a runaway train that is going to be impacting or desfroying the very fabric of the neighborhood that we have and that we feel proud of and a lot of people have all of their lifetime investments in this community. There are people here that will talk to you that have lived in that community for 30, 40 years, so it's a very well -established neighborhood, and because of that attractiveness, it's being attacked by all of these large developments, and with that, we already have a tremendous amount of traffic. We have -- I can tell you, on Coral Way, all of that development has taken place did not have an adequate number of parking spaces, and what is happening is that the overflow of those parking spaces are going into the residential area, and it's destroying the character of the neighborhood. This is -- we have an -- a building Code that is totally out of sync with what our needs are. It's outdated and it needs to be reviewed, and it needs to be reviewed quickly because every day we have a new condominium that is going to be impacting our areas. We need your help and we need your help on a short-term basis to address these particular buildings that are coming up, but in the long- term, to look at the entire City ofMiami. We need to bring all of our building Codes in such a way that it will not destroy the neighborhoods that make this City better. This -- there are a number of issues that I wanted to address and one of them was, during this 90-day period, I am very pleased to see that a committee has been created so that we can address all the different issues and see if we can come up with some standards, some protections that will give the -- all of the neighbors in our area some comfort. The -- when you see a condominium that is 14 stories high, right next to a single-family home, and where all is intended to exit right in front of their houses, you know, to their backyards, all of those -- these people will have no peace. These people are desfroying their rights also, so if the developers have rights, all of these people have rights also, and need to be protected, and the only way we can do it is through you. You are our representatives. We don't have any other way, unless we take everything to court, and it will be costly to all of us and unnecessary. We don't want to go that route because they -- this is an area that doesn't have that many wealthy people, so I'd like to thank you. I'd like to commend you for taking this initiative, and I would like to see if you can direct your staff to work with us into establishing those standards that would protect our neighborhood. Thank you. Chairman Teele: Thank you very much. All right. Now -- Commissioner Regalado: Mr. Garrido. Chairman Teele: Mr. Garrido. J. C. Garrido: Yeah. Good afternoon. J. C. Garrido, homeowner at 2324 Southwest 26th Street . I'm going to start by saying I'm not against high-rise development. I think high-rise development is something positive for any city that wants to become a visionary city. The problem lies where there is development going on without consent to the neighborhoods. Now, we have a building going up on 27th Avenue that, to me, is going to be similar to those buildings on Coral Way, such as the Extended Stay, the Miracle Center -- I forget the other building after the Extended Stay, and the other one to mention is the one a block away from Silver Bluff Elementary. It really bothers me when people don't take into account children. We have the school there where kids go from it; the ages of five all the way to eleven. A lot of these kids transfer their person right through our neighborhood. Now, the amount of vehicular traffic, City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 because of the impact of the building right there, a block away from Silver Bluff has increased drastically. I live two blocks away from Silver Bluff -- been living there for over 20 years -- and I've seen the amount of vehicles that go right through our neighborhood. This building will, yes, add more chaotic circulation in our neighborhood. One thing that we did in our association was -- I'm going to present this board --- basically, what indicates the building is going to go up, and what could have been there instead of this building going up there. I think, if we were to study the aesthetics of the buildings and also the impact it has towards the residential area, which, in this case, lies behind the building, I think something -- that we come into common ground and see something that is going to be very positive and is going to be beneficial for the neighborhood as much as the developer, in fact. I believe that we should address not only the height of the buildings, but also the setback, and most importantly is the human scale it gives at ground level. Another thing is that Coral Way, all the way from the entrance from Miracle Mile, this is a scenic historic road. I think buildings, if done in a nice way, can add a positive impact to that thoroughfare. The way I -- in my professional opinion, the way I see Coral Way in the future is, it's going to be a pedestrian friendly environment if buildings are done to human scale at ground level. In other words, the first 20 feet of retail in a mixed use development should be done similar to places like New York, Washington -- I don't know if you all been to Georgetown -- Boston, Chicago. Miami could be this -- a city not only with that type of environment, but it could be something that also the residents abutting these buildings will benefit from, and basically, thank you for hearing me. Commissioner Regalado: Just for the record -- because you talk about your professional opinion -- have you worked as a planner? Mr. Garrido: Yes, I have. Commissioner Regalado: You were Planning Director of -- Mr. Garrido: I was a former building official of the Town of Golden Beach and Building Zoning Director, and I also work with a firm here in Miami, Joseph (INAUDIBLE) and Associates, which the big bulk of the work was planning work. I'm going to approach the Commission, ifI may. I'm going to give you a sample of what could happen in these type of buildings, which denotes the human scale necessary when these buildings are abutting residential districts, such as Morningside or -- in Silver Bluff or Coral Gate. A bad example of not taking into account aesthetics is the Miracle Center. That building there is atrocious. It is despicable. I mean, it's -- it's just -- you know, it's a white elephant, in other words. Vice Chairman Sanchez: Did somebody say "empty?" Mr. Garrido: Empty. Vice Chairman Sanchez: Sir, I think you've made your point. You're not against growth. You're just for smart growth. Mr. Garrido: Correct, Commissioner. That's correct. Commissioner Regalado: Go ahead. Terri Morales: My name is Terri Morales. I live right next to the proposed Catalonia in Silver Bluff -- or at Silver Bluff. My parents came here in the early '60s, and they worked and scrounged to have what they have now, a humble lifestyle in this home that they have. There are two generations living there, my husband and I, and my parents, and I'm here to protect their interest. As Commissioner Winton described, no one is going to be interested in purchasing this house once this 14 building high-rise -- to me, this will be a high-rise because there are no buildings in the area of 14 floors, and it'll be completely disproportionate to what is in the area, City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 and I was appalled when I first saw the signs go up. As Commissioner Regalado has noted, no license -- occupational licensing, no ADA (Americans with Disabilities Act); issues like this. This developer has believed that they're above the law evidently. That's what it seems to me. I do not care to have a building where balconies, at least 23 on each side, will be invading my privacy, cutting off sunlight from 2:30, as Mr. Garrido's depiction has shown to me, not allowing tree growth, fruits -- completely destroying this property that my parents have so hard worked to obtain. This is their lifetime investment. I ask that you protect it. Thank you. Chairman Teele: Thank you very much. Commissioner Regalado: Thank you. Chairman Teele: All right. We need to be careful that we don't take documents at this point, for the record, because we're not taking a record. We're just allowing the public to speak. Is there anyone else who really feels the need to speak, recognizing that you're going to -- we need for you to all go to the PAB meeting, as Commissioner Regalado -- Thank you. I said we really need for you to go to the PAB meeting on April the 20 -- Commissioner Regalado: First. Mr. Maxwell: 21st. Chairman Teele: --1st, as Commissioner Regalado has laid out. Commissioner Regalado: Or they have the option of coming to the City Commission meeting -- Chairman Teele: No, no. Commissioner Regalado: -- which we make the final decision. Chairman Teele: Well, I -- You're correct, but I think it's important that the record be established at the PAB meeting and at the City. It's not sort of an either/or. We have to look at their record below, and so it's really important. Because if the PAB vote -- if the PAB recommends something that would -- I think it's important that you be heard by the PAB, is what I'm saying. Commissioner Regalado: And another thing, Mr. Chairman, it's important that we ask the members of the PAB -- and I could -- I would like to do a motion, after we're done with the hearing, that the City Commission request that the PAB take action, whatever action they take, take action on April 21 st, because it's already been advertised for the City Commission meeting ofApril 22nd. Chairman Teele: I think you can direct the staff to ensure that the process is completed, but I think we need to be very careful. It seems to be a lot of Gucci lawyers sitting around in here, too, so not -- Commissioner Regalado: They don't live in Silver Bluff. Chairman Teele: -- not -- huh? Commissioner Gonzalez: Gucci lawyers and watches. Chairman Teele: A lot of Gucci watches and lawyers, so we need to be very careful that we don't say anything on the record that could give lawyers a reason to say that we have, in any way, interfered with the PAB -- City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: No. What I'm saying, Mr. Chairman, is that I'm afraid that if the PAB decides, well, let's defer this, we would not be able to hear the item next day at the City Commission, which is very extraordinary on the part of the City Commission. Chairman Teele: But there may be a reason that they have to defer it or not. Commissioner Regalado: OK. Chairman Teele: And I think we're better off not interfering with that decision, but basically you're instructing the staff both the City Attorney and the -- Commissioner Regalado: To convey to them -- Chairman Teele: -- to ensure that the matter is not, in any way, interfered with, just for the purpose of delays, but everybody's entitled to a full hearing and due process. Now, has everybody that wants to be given notice by the City Clerk signed one of these forms? OK. Does some people need forms, please? OK. If you put your hands up -- All right. Madam Clerk, we need about one, two, three -- about six or seven more forms. Julie Cooper: I have just a quick question. Chairman Teele: You have to -- Commissioner Regalado: You have to come to the mike, and the gentleman was first here. Chairman Teele: The ladies always go first. Ms. Cooper: Thank you. I just had a quick question. Chairman Teele: Your name and address for the record. Ms. Cooper: My name is Julie Cooper. I live at 2410 Southwest 25th Street. I'm a native of Miami and I've been living in Silver Bluff for the past eight years. Anyhow, I just wanted to ask, what is PAB? Commissioner Regalado: Planning Advisory Board. It's a citizens' board, like Zoning Board. It's volunteer residents that, according to State Statutes, have to hear and then recommend to the City Commission their decision. It's part of the process. Ms. Cooper: So, you -- Oh, OK, so you recommend us all being there. Thank you. Chairman Teele: Thank you. It's a citizens' board and they're all citizens like all of the people here. All right. Did we want to hear from you, sir? Are we going to hear from anyone else? Do we have to hear from anyone? (INAUDIBLE COMMENT) Chairman Teele: All right. One, two -- two -- three more people. All right, sir, come right on down. Go right ahead, sir. Leonard Riforgiato: My name is Leonard Riforgiato. I live at 2300 Southwest 23rd Street. I'm not a lawyer. I don't even have a watch, and I just have a simple question. Is there a way that we can all become informed as to what's already been approved for 27th Avenue and Coral Way, and what are the chances of interfering with, or stopping anything that we don't like? For City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 instance, this Catalonia building, which is obviously a monstrosity for that area, is that a done deal already, or can -- by uniting and opposing it, can we have an effect on that? What else is in the pipeline? How can we find out about it, and what are our chances of having some impact once we do find out? Commissioner Regalado: My office will, by mail or e-mail -- Vice Chairman Sanchez: That's a done deal. Commissioner Regalado: -- or phone, inform all the residents of the Silver Bluff area, who had given us their addresses, of every step in this process, every project that has been approved, or that has been presented. As to the Catalonia project, as we said about a month ago on the meeting that we had with the Silver Bluff residents and the Coral Way NET (Neighborhood Enhancement Team), according to the Zoning Department and the Planning Department, they are building on their own rights. However, now there is the issue of the alley. Public Works is working on the issue of the alley, the legality of them using the alley. Whatever happens there, it could trigger a public hearing regarding the alley. If there is a public hearing, all residents within the area will be noticed, plus our office will be informing the residents about this public hearing, but this probably is all after we are done with this moratorium issue that is coming back on the 22nd ofApril to the City Commission, and on the 21 st to the Planning Advisory Board. Mr. Riforgiato: Well, leaving that alley issue aside for a minute, if that's resolved, can anything be done to keep a 14-story building from going up on that spot? Commissioner Regalado: I told you that the alley is the only way that could trigger a public hearing. Can Ana explain -- I think it's important, Mr. Chairman -- about that building, why that building could be built without any public hearing, according to the Planning staff? Ana. Ms. Gelabert: Ana Gelabert, Director of Planning. It is our understanding -- the Planning Department has not reviewed this project because it does not require a special permit or a variance, and it's not a Major Use Special Permit because the -- where the project, the Catalonia project, it is not a special district, Planning doesn't review it. It goes straight through the Building Department. That is to say, on the -- and I know we've had exchanges of e-mail -- when we say "by right, " it's that they are doing it according to what the zoning allows today. I do know that the Building Department is going to be referring the plans to us once they come back. They have been going through the building permit. I understand, through the director, that the applicant right now has the plans and he's bringing them back with the corrections, and as soon as they bring them back to the department, we might get some referral through the Zoning division, but -- Commissioner Regalado: And still, there is the issue of the alley. Ms. Gelabert: On the alley, I cannot answer. I know there has been e-mails, and the Public Works Department is there, so, at this time, I don't know if it's public or private. I do know the Public Works Department was checking on that. Commissioner Regalado: Public Works said it's private. Ms. Cuervo Schreiber: And the developer has not issued any permits or any closures, and Public Works is looking like it's private, so they're looking into that for you. Mr. Riforgiato: Is that height limit permissible? Commissioner Regalado: She just told you, they can build whatever they want. City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Ms. Gelabert: The -- Mr. Riforgiato: All over 27th Avenue? Commissioner Regalado: No, no, no, no. No. No, no, no, not all over 27th Avenue. Chairman Teele: Commissioner, may I recommend two things, please? I think we want to be careful, both for the Commission and for you. If the matter comes before us, if there is a way that it could come before us, if we continue this dialogue, we won't be able to vote on it. Vice Chairman Sanchez: Yep. Unidentified Speaker: Oh, OK. Chairman Teele: So, you're going to -- you're getting ready to get us into the jack box here, and so let's be very careful. Let's do two things. First, if Commissioner Regalado -- Commissioner Regalado is appointing a 5-person committee. That committee is a public meeting. Those meetings are public. That's the way -- Johnny, is that the way you all have done those, the Biscayne Boulevard Advisory Committee? They're not public meetings? Commissioner Winton: Are they public? I don't think so. Mr. Maxwell: I think you did post notice for those meetings. Chairman Teele: Those meetings are public, and I think one -- I think one of the things that could be done early on for your 5-member committee, under your supervision, would be to require that the staff make a presentation of everything that's in the pipeline, and that way the public can see -- it's all out in the open, and it will address what's in the pipeline, and I think it puts you in the position of not being in a position where you start evaluating projects that may wind up being before you, and the worst thing for them, in my opinion -- your constituents -- is that, by law, you can't vote on it, and trust me. One of the lawyers that's sitting out there now -- and there's about four I see -- if their project comes up and they see you disgusted and all that, they're going to pull the Jennings rule on you, so we have to be very careful that we don't get too involved, and at the same, you have the right to know, so I think, using that 5-member committee that you're going to appoint, as a way to let them vet and present the committee -- the projects that are in the pipeline, will be very, very helpful. The second thing is that I think it might be helpful, Commissioner Regalado, if you instructed the staff to hold a public hearing in the district, somewhere nearby, so that they could sort of review everything that's there, but, you know, it's up to you, and I certainly respect, you know, your point ofview on that, but I think with us trying to discuss it, it really could put us in a position where we don't want to be, as a Commission, at this point. Commissioner Regalado: I understand. I understand. Chairman Teele: Are there any other matters on this item, please? Please, anyone? Yes, yes. How many people? One, two, three, four. Yes, sir. Ramiro Palma: Ramiro Palma. I live at 1721 Southwest 22nd Terrace. I'm a licensed architect in the state of Florida. I was going to talk about the poor parking that our zoning laws in the City and our surrounding cities have. That should be improved. We don't require no cars and our neighborhood in Silver Bluff is full of cars, but I'm not going to talk about that. I'm going to talk about one way that the Catalonia project can be stopped. There are not enough place in our classroom in the schools for any more housing in this County completely. We cannot approve, by the congruency laws of the state of Florida, any more apartments until new schools have been built. That's all I would like to say. Thank you. City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Chairman Teele: Thank you very much. What's the school there that -- was it Silver Bluff Elementary? Unidentified Speaker: Silver Bluff Elementary. Chairman Teele: Do we have any of the students at Silver Bluff Elementary here today? Why don't you come up and give us your name? (Applause) Chairman Teele: Mommy -- Mother, bring him on up. All the kids at your school -- yeah. (Applause) Chairman Teele: All the kids at your school want to know that you were here. Jose Carlos Serrano: What do I say? We don't want any cars (INAUDIBLE) -- Chairman Teele: Just tell us your name, your address, the school you go to, your teacher's name Unidentified Speaker: Favorite subject. Mr. Serrano: My name is Jose Carlos Serrano. I live at 2530 Southwest 19th Avenue, and my teacher's name is Ms. Monard (phonetic), and -- Chairman Teele: You know the principal's name? Mr. Serrano: Dr. Dawkins and Ms. Degoti. Chairman Teele: And you're going to tell us how you're doing in school? Mr. Serrano: Good. Chairman Teele: Do you want the project, or how do you feel about this? Mr. Serrano: I don't -- Chairman Teele: Are you against the moratorium or for the moratorium? Unidentified Speaker: How many in your class and how many (INAUDIBLE) Mr. Serrano: Twenty-six kids in my class. Chairman Teele: Twenty-six kids already in your class? Unidentified Speaker: Is that your homeroom or all the classes? Mr. Serrano: My homeroom. Unidentified Speaker: Inside or outside? Mr. Serrano: Inside. Chairman Teele: Well, I can tell you this. I could bet you Commissioner Regalado's going to be City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 sending you a letter real soon. Let's give him a big hand. (Applause) George Lopez: OK. George Lopez, 3015 Southwest 27th Terrace. I have resided in Silver Bluff since 1973. That makes it -- I don't know how many years, and I remember back in the early '70 s, I used to work here in this building. Right now, if we could imagine ourselves, you know, just walking out of here into the parking lot and seeing a seven story building right out there, it would look awful. It would be the same into our neighborhood. I personally -- I will be brief and I will get to the point. I'd like to tell the developers and I'd like to tell the Planning Department, leave us alone. We do not need another New York City. (Applause) Mr. Lopez: Thank you very much. David Colas: David Colas, 2235 Southwest 25th Terrace. I've been there 20 years. I'm surprised that Catalonia can do whatever they want, but I can't change my windows. I -- (Applause) Mr. Colas: I am against the moratorium. The simple reason is, I feel that's just a delay, a delay of six months, a year, and then what? They're going to come back with the buildings. To me, this is common sense. You do not put a 14-story building next to a family -- a single-family home . Not here, not anywhere. It's just common sense, right, wrong, and you don't need to go any further than that. You want to build apartments, downtown. If you go to Fort Lauderdale, beautiful downtown. Sundays, full of people, full of businesses. They have a dead downtown, you know. You cannot build a 14-story building next to a single-family home. It's just common sense. That's all. (Applause) Commissioner Regalado: Thank you. Alan Lester: Alan Lester, with offices at 2600 Southwest 3rdAvenue. I'm here really on two points. One is, I oppose -- or I'm against the moratorium. It scares me as an investor/developer in the community because temporary moratorium turns into the word moratorium when it goes into the financial world. It becomes arbitrary, but be that an aside, more specifically, I'd like to make sure that these districts that you're considering -- 27th Avenue, Coral Way -- are defined clearly as to what properties are or are not going to be included in these moratoriums versus as it is loosely now defined as the Corridor, which I don't know what that means. Thank you. Jose Herrera: My name is Jose Herrera. I live at 2428 Southwest 23rd Terrace. I've lived there for about 23 years, and we're kind of-- sometimes I think we're looking at the short picture here. Catalonia is an atrocity and I feel very, very bad for the people who live right behind it. I've been in real estate, a real estate broker for 23 years, also work in the Silver Bluff area, and the effects that these buildings are going to have on property values is going to be horrible. As Commissioner Sanchez said, would you like to move next to a 15-story building? As Josefina said, there's 112 parking spots in this one building. Well, that's not realistic. That's 56 units. Two -bedroom units have two apartment -- two parking spaces. I guarantee you, there's going to be a lot more than 112 cars. These people have teenage kids. They also have mom and dad. They have relatives that live with them, so everything that's going to happen in our community, which is already happening along the Coral Way Corridor, near the post office, areas like that, there is no -- you can't back out of your driveway. My street, 23rd Terrace, does not run through to 27th Avenue, so I avoid a lot of the hassle and the traffic, but I can certainly see, especially City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 having been involved in real estate, the frend that is beginning to happen. People are not walking that often around Silver Bluff at night, which I used to think was a terrific idea, and a smaller little trend that you may not have noticed and some of the residents may not have noticed, the pets are dying. Unidentified Speaker: Oh, yes. Mr. Herrera: The pets are dying. Chairman Teele: The what? Mr. Herrera: We have pets. The cats and dogs that you find on the streets of Silver Bluff now -- it's a -- nobody's brought it up. I thought I would. Possums, cats, dogs. We realize that cats and dogs are not supposed to be outside, but you know what? They get out from under the fence. Last Saturday, I counted five pets, including a little Chihuahua that always used to hang around on the corner of 24th and 23rd. The thing is gone. The fraffic is getting worse. The speed at which people are traveling is horrible, and I guarantee you, it is not going to get any better. You're building up Coral Way -- Commissioner Regalado: Excuse me. One thing that it doesn't have to do anything with this, but it has to do with fraffic is that the City has just begun a fraffic study for the Silver Bluff area, which will consist of traffic calming devices, whether traffic circles or traffic humps, stop signs -- although the County is responsible for the roads and the fraffic, the City ofMiami is paying and we have funding from the bonds that you all approved to start, within the next month, a project in the Silver Bluff area for fraffic calming devices. Sometimes we will be able to place a fraffic circle, sometimes a fraffic hump, but that is part of what we're doing in Shenandoah, in Flagami, of course, in Silver Bluff and in West Little Havana; trying to calm traffic through the residential streets near the bigger corridors, as Flagler, Northwest 7th Street, Southwest 8th Street and Coral Way. Mr. Herrera: I'm aware of those efforts because you have been working very closely with the community, and believe me, that is -- there's no going back. We're going to need those traffic stops. We're going to need all those little instruments because of the way things are already at. One thing that some of you may remember -- and I was already involved in real estate back in ' 81, '82 -- if you have this glut of construction going on right now, a lot of these people are just going to buy for investment. They're going to rent these places. Those rental -- those buildings are going to become rental properties, and I'm -- everybody has to live somewhere, but normally, rental properties are not as well -kept as residential communities. These areas are going to become a ghetto, and I hate to sound dramatic, but if we get into a situation where as we did on Brickell and back in '81 and '82, when it was just nothing but empty buildings -- people were giving them away -- I don't want that to happen in Silver Bluff and again, referring back to the traffic, today it's the pets. Tomorrow it could be our children. Thank you. Commissioner Regalado: Go ahead, ma'am. (Applause) Tatiana Palma: My name is Tatiana Palma. I live at 1721 Southwest 22nd Terrace, and we've had about three generations living in the home we currently reside in. We're longstanding members of the community, and I want to remind everyone here that not just the building issue is a big problem, but when we look at our community at large, all of this big development is going to put tremendous stress on our community in general. I'm speaking about the hospitals. I'm speaking about the schools. I'm speaking about the police and the Fire Department, our sewer and waste and management issues. All of these will be stressed upon in our community when development increases and encroaches on our homes, and I beg you to please consider this issue City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 strongly because all of us will be held accountable; those of us that live in the community for not coming forth and presenting the issue to you, and those of you that we vote upon to make the decisions for us at large in this area, and I thank you for considering this issue. Commissioner Regalado: Thank you. (Applause) Mr. Colas: Just one more issue. I'm glad we're having a fraffic study, butl really don't want to get punished with bumps on my street. That is not a solution to the problem. Commissioner Regalado: Punished with what? Mr. Colas: I don't want to get punished by putting bumps on my street so I have to stop, go over bumps. I do not want my streets to be closed. I want my streets to remain the same. Those are just band -aid solutions. That's not the problem that we have. The problem that we have is building. Commissioner Regalado: It's very easy. You could -- you get signatures. The majority of the residents of Silver Bluff do not want a fraffic study, and we won't do it. Mr. Colas: That's not whatl'm saying. That's not whatl said. I said that I'm glad you're doing a traffic study, but -- Commissioner Regalado: No, butl mean, you know, I cannot -- we cannot deal with 187 new residents that come to Miami -Dade County everyday because we don't make immigration laws. You know that. We cannot deal -- we can deal with what is going on on the corridors, and this is what the City Commission is doing, but we don't -- we're not Immigration. We're not DOT. We're not -- you know, we're trying to help the residents here with fraffic calming devices. I mean, the people in Coral Gables did it and it works for them. I don't see why it couldn't work for -- I would love one in front of my house. I tell you something. Mr. Colas: Then, go ahead and use the bond money and put three, but you know, we're talking -- Commissioner Regalado: No. I would have to do it -- I will have to do it last. Mr. Colas: We're talking about two different things. I'm not talking about immigration. Chairman Teele: Well, right now, we're not talking about the issue that's on the agenda. Mr. Colas: Well, that's whatl'm -- Chairman Teele: And the issue on the agenda has nothing to do with fraffic calming -- Let's -- look -- Mr. Colas: Sir, I didn't bring that up. Chairman Teele: OK. That will be a discussion for another day, at another time. Before anybody does traffic calming, there's going to be a study, and the time and the place to make your views known about that would be as a part of the study, butl can tell you this. This Commission is generally going to listen to what the District Commissioner and the neighborhoods are basically saying that they want, and I think you should make your argument in the neighborhood association. Do you have any comments on the moratorium? City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Colas: Yes. I live on 25th Terrace. Who is my Commissioner? I don't think it's him. Chairman Teele: 25th Terrace. Unidentified Speaker: Regalado. Chairman Teele: Is that Winton or is that you? Commissioner Regalado: 25th Terrace. Mr. Colas: No. I -- in the last election, I did not vote for you. Chairman Teele: Who did you vote for? Mr. Colas: Mr. Winton. Chairman Teele: What was the guy's name that ran against you? Mr. Colas: No. It was Mr. Winton. Commissioner Regalado: Johnny Winton. Unidentified Speaker: It was Johnny Winton. Chairman Teele: OK. Well, you -- Commissioner Regalado: No. There wasn't a last election. You live on 25th Terrace and? Mr. Colas: Between 22nd and 23rd. Commissioner Regalado: Yeah. I am your Commissioner. Unidentified Speaker: I told you. You voted for the wrong one. Mr. Colas: Which one? Unidentified Speaker: You voted for the wrong guy. Mr. Colas: No, no. Not since -- since when? Unidentified Speaker: They changed (INAUDIBLE) -- Chairman Teele: All right. Madam Clerk -- hold on one minute. Madam Clerk, would you make sure you get the gentleman's name, address, and would you all send a letter and make sure it CCs (carbon copies) Commissioner Winton and all of the Commissioners, and to explain what disfrict he's in, and if he was in a different disfrict. Mr. Colas: Please. Chairman Teele: Because we did change the district alignments, as we're required every ten years, as a matter of the redistricting process. Mr. Colas: I'm sorry for my ignorance. When was the last election? Chairman Teele: Well, you just reelected him. City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Mr. Colas: No, no, no. I'm -- no. I'm dead serious about it because I have never -- I have never missed an election. Commissioner Regalado: November. November. Chairman Teele: Let me explain what happened. Unidentified Speaker: No. we have 500 people waiting (INAUDIBLE). Chairman Teele: Commissioner Regalado ran without an opponent, and so he was elected by virtue of the fact there was no one else running. I would assume -- I would assume that you were moved into that district after the redistricting, and therefore, Commissioner Regalado is your District Commissioner, butt may be wrong. We'll look it up and we'll make sure -- Commissioner Regalado: That's right. He used to be in Johnny's district. Chairman Teele: You used to be in Commissioner Winton's district, and now you're in the distinguished Commissioner Regalado's district. Mr. Colas: How many years has Winton been in the Commission? Chairman Teele: Huh? Mr. Colas: How many years has Mr. Winton been in the Commission? Commissioner Winton: Four. Chairman Teele: Four. Commissioner Winton: Four years. Chairman Teele: Five? Mr. Colas: I am. This is something -- there's something wrong. Chairman Teele: OK, folks. Now, listen. You know, this has been a great -- you know, I wish I had Silver Bluff in my district. You all are a wonderful group of people, but the hour is getting a little late and this isn't in -- Joe Corral: Can I -- I just have a question. Chairman Teele: This is a public hearing, but it's an informal public hearing and we would very much like to bring this to a closure. Mr. Corral: Just a quick question. Chairman Teele: Yes. Mr. Corral: I don't necessarily understand the moratorium, what the mechanics of it. Ms. Thompson: I need your name. I'm sorry. Mr. Corral: Oh, Joe Corral. I live at 2411 Southwest 23rd Avenue. If you could explain the mechanics of the moratorium and exactly when will it be effective, and at what stage -- I guess City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 I'm concerned -- I guess it's going to be 90 days before it's actually official? Commissioner Regalado: No, sir. Mr. Corral: It'll be official -- Commissioner Regalado: The ordinance, it will be before the Planning Advisory Board on April 21 st -- Mr. Corral: Right. Commissioner Regalado: -- and it will be at the City Commission for April 22nd. The second reading will be on the first reading ofMay, which -- Mr. Corral: OK. Commissioner Regalado: -- will be May -- Mr. Corral: First week ofMay. Chairman Regalado: -- 8th or 9th, maybe. Ms. Thompson: May 6th. Commissioner Regalado: Huh? Ms. Thompson: May 6th. Commissioner Regalado: May 6th. OK, and then it becomes effective 10 days after the second reading. Mr. Corral: So any -- Commissioner Regalado: And the moratorium will -- what it would do is that the City will stop taking any permits, in any kind of construction on the 27th Avenue Corridor, which one of the gentlemen asked, the 27th Avenue Corridor is the east and the west area of 27th Avenue from Coral Way to US-1, and during that time, the Planning Department, with a group of residents, will be discussing what they call an overlay, which will restrict many construction -- Mr. Corral: Right. Commissioner Regalado: -- in that corridor. Mr. Corral: Is there any way to build in like a back time frame on that so that people won't rush in the next 30 days to file applications? Is there anything -- any way to stop that? Commissioner Regalado: It's -- the application process is -- Mr. Corral: 60 days from -- Commissioner Regalado: -- is very -- no, you cannot go back, but -- because it's not legal -- but the application process -- Mr. Corral: I'm not sure about that. City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: -- is very complicated. It doesn't -- trust me. It doesn't -- it won't open any windows for people to rush now. Mr. Corral: Well, if you apply for your building permit tomorrow, you can process all the way through without being affected by the moratorium? That's my question. Commissioner Regalado: Yes, sir. Mr. Corral: So until it's actually passed, anybody who presents a building permit is not going to be under -- Commissioner Regalado: It depends on where it -- depends on where it is because, I mean, you know, the Planning staff has to understand that if somebody wants to rush now, that is trying to circumvent the process. Mr. Corral: Well, I mean, is there anything we can do to stop that? Commissioner Winton: Sometimes our City Attorney helps with that. Commissioner Regalado: What? Commissioner Winton: Nothing. I'm -- Chairman Teele: All right. Mr. Corral: It can't be retroactive then? Commissioner Regalado: Sorry? Mr. Corral: It can't be retroactive from -- Commissioner Regalado: No. It cannot be -- Mr. Corral: -- from today or -- Commissioner Regalado: -- retroactive. It cannot be retroactive. Mr. Corral: OK. Chairman Teele: All right. You've been a wonderful audience and we really need to encourage you -- but, before we leave, Commissioner Regalado is going to make a special presentation. Commissioner Regalado: So where is Jose Carlos? You have to come here. Chairman Teele: Ana, show him where to come up. Is his mother here? Commissioner Regalado: The Chairman has been very gracious and has given me the opportunity of honoring one of the residents of the Silver Bluff area, an area, by the way, I grew up, because when I was a teenager, I lived in Silver Bluff. I now live on the other side of Coral Way, in Shenandoah, so, Jose Carlos, we want to give you something to remember the City. It's a medal of the City ofMiami, a key chain, where you -- plus, a pen -- Chairman Teele: Help you with your homework. Commissioner Regalado: -- to help you with your homework. Do not -- City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 (Applause) Mr. Serrano: Thank you. Commissioner Regalado: Remember those T-shirts that say, "My mother and my father went to Spain and all I got was this T-shirt, " so he came to his first public hearing at City government, at least he got a pen, OK. (Applause) Chairman Teele: Thank you very much, Commissioner Regalado. Ladies and gentlemen, you've been very wonderful. The public hearing is closed, and thank you all very much. Are there any - - Madam Manager -- Madam Manager. Madam Manager, are there any other matters to come before the Commission? Mr. Attorney? Ms. Cuervo Schreiber: No, Chairman, there are none. Mr. Maxwell: No, sir. Chairman Teele: Madam Clerk? Ms. Thompson: No, sir, not -- City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 SUPPLEMENTAL AGENDA SI.1 04-00379 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 03-1243, ADOPTED DECEMBER 18, 2003, WHICH DIRECTED THE CITY MANAGER TO PROCEED WITH ALL ACTIONS NECESSARY TO FORMALLY VACATE THE ALLEYWAY BEHIND THE LYRIC THEATER, LOCATED AT 819 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, TO INCLUDE THE STREET VACATION OF NORTHWEST 1ST COURT FROM NORTHWEST 9TH STREET TO NORTHWEST 8TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO WAIVE ALL HEARING BOARD FEES. 04-00379-cover memo.pdf 04-00379-budgetary impact analysis.pdf 04-00379-pre. master report.pdf 04-00379-pre. leg islation. pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0202 Chairman Teele: SI.1. Would you move SI.1? Commissioner Regalado: SI.1 is a recommendation. The City Commission adopt the attached resolution, amending resolution number -- Commissioner Winton: So moved. Commissioner Regalado: -- 03 -- Chairman Teele: Moved by Commissioner Winton. Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chairman Teele: By Commissioner Regalado. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado: SI passes. SI.2 04-00150 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), REVOCABLE AT - City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING AND WATERSPORTS CENTER, INC. ("LICENSEE") A NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 1.03 ACRES OF CITY -OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO PROVIDE FOR: (1) A ONE-YEAR TERM THAT SHALL COMMENCE ON THE EFFECTIVE DATE, WITH AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE- YEAR TERMS SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; (2) LICENSEE SHALL PAY AN INITIAL USE FEE IN AN AMOUNT NOT TO EXCEED $500 PER MONTH, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, FOR A SIX -YEAR (6) PERIOD; (3) LICENSEE MAY ENTER INTO PROFESSIONAL SERVICE AGREEMENTS WITH PROGRAM OPERATORS FOR THE PURPOSE OF OPERATING AND MAINTAINING WATER RECREATIONAL AND EDUCATIONAL OPPORTUNITIES; AND 4) LICENSEE AND EACH PROGRAM OPERATOR SHALL PAY THE CITY OF MIAMI 12% OF THEIR RESPECTIVE MONTHLY GROSS REVENUES, AS SET FORTH IN THE AGREEMENT. 04-00150-cover memo.pdf 04-00150-budgetary impact analysis.pdf 04-00150-pre. agenda pages.pdf 04-00150-board of directors.pdf 04-00150-letter from IRS.pdf 04-00150-memos from the state.pdf 04-00150-restated articles of incorporation.pdf 04-00150-certificate designating registered.pdf 04-00150-certificate pursuant to FL. statue.pdf 04-00150-By-Laws articles.pdf 04-00150-By-Laws articles 2.pdf 04-00150-exhibit 1-RLA.pdf 04-00150-exhibit 2- legal description.pdf 04-00150-exhibit 3- map.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0200 Note for the Record: Commissioner Regalado requested Mr. Alan Rubin of the Miami Rowing and Watersports Center, to provide the Commission with a detailed report on the Center's rowing program, including the schedule and the number of children from the City ofMiami parks that will be participating in said program; Commissioner Winton further suggested that Mr. Rubin contact each Commissioner's office to see if they would like to a find way to tie in some of the kids from their own districts into this plan. Commissioner Regalado: Now, I do have, in the Supplemental Agenda, the license agreement between the City ofMiami and Miami Rowing and Watersports Center. First, I would like to thank Alan, Alan Rubin, who is here, because he understood exactly what I was frying to find out . I did not have information -- and let me tell you. Johnny and members of the Commission, we have at least 20 parks with summer and youth program throughout the year that do not have pools. Commissioner Winton: Right. City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Regalado: Now, they have an Olympic pool and they do not use the pool, only in the afternoons and during the summer, several times, so what I proposed to them is that, if we can bring children from the parks, who do not have pools, providing life guards from the Parks Department, which we do have -- Santiago is here -- and transport a few of these children, and they agreed to. Also, they have entered with the Dragon Boat people, a community service, which they will bring kids from City ofMiami parks to teach rowing during the weekends and weekdays, so the only thing -- I'll move the lease agreement, requesting from you a report -- a detailed report to the Commission when we organize the schedule of the different -- and the children, the number of children -- so the Commission will see how many children will be able to use the Miami Rowing Club, so I move the lease. Are you OK with that? Alan Rubin: Yeah. My -- for the record, my name is Alan Rubin, with offices at 848 Brickell Avenue, in Miami. Chairman Teele: We have a motion. Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor -- Vice Chairman Sanchez: Discussion Chairman Teele: Discussion. Vice Chairman Sanchez: On the matter, do you have an annual report as to the services that you provide for all -- Mr. Rubin: We do, Commissioner. For the first year, in a very, very long time --I mean, our objective is to teach rowing to the youth of the City, and we have over 150 kids. We have a 1, 000 kids that go to Swim Gym. We are making our facility available to the Village of Key Biscayne. We have now a structure in place with a board, where the youth program reports in to the Miami Rowing Board, which has a treasure and a president. In fact, we just had our 31 st annual regatta on April the 3rd, but, yes, we have a report which shows, in an audited fashion, how much money we take in, what we do. We're a 501(c)3, so we have all of that available and we can make it available at any time. Vice Chairman Sanchez: OK. So moved. Commissioner Regalado: So, I move the -- Commissioner Winton: And, by the way, this is a licensing agreement also, so it's not a lease. It's a licensing agreement. Commissioner Regalado: Right. Commissioner Winton: Which gives us a great deal of flexibility. Mr. Rubin: And it's revocable in 30 days, unfortunately, but -- Vice Chairman Sanchez: No. I understand that. I -- just my point is, I support any organization that provides a service to our children in our community. My thing is that we have to be on top of these organizations to make sure that what they offer -- that they're offering, they do. In other words, there has to be a reporting process, so I could sit here and make an intelligent decision as to supporting your cause based on your productivity as to the services that City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 you will be providing. Mr. Rubin: That's correct. Vice Chairman Sanchez: And I -- I not only bring it out to you; I bring it out to just about any organization that comes before this legislative body, to make sure that they're delivering what they say they're going to deliver. Mr. Rubin: I concur, and that's why the board now has the -- based upon the lease document, the revocable license document, has a reporting mechanism on a quarterly basis for revenues and the balance, and we are here to make sure that that gets reported to you without any questions. Commissioner Winton: Could I suggest also, Alan, that you call each Commissioner's office and see if they'd like to meet with you, because they might like to do two things? They might -- I think they'd be interested in hearing the programmatic part of your existing plan, so that they can think about how they can tie their own -- some of the kids in their own neighborhoods into this plan, so if any of you are interested , he -- I -- he will call your office. If y'all have an interest in meeting with him, he'll be happy to do that. Mr. Rubin: I'll be glad to do that. I met with Commissioner Regalado yesterday and resolved the issue for the parks. I've met with Commissioner Winton, and I'll meet with Commissioner Teele, Commissioner Gonzalez, and Commissioner Sanchez any time to talk about the program. It's a wonderful program. We're one of the top programs in the state of Florida, and our kids do very, very well, but we do have other desires, and we want to be a community -based organization. Commissioner Winton: Thank you. Vice Chairman Sanchez: Thank you. Mr. Rubin: You're welcome. Thank you. Chairman Teele: On the motion reoccurring, all in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 NA.1 04-00396 NON -AGENDA ITEMS DISCUSSION ITEM Discussion regarding support for Florida Memorial College. DISCUSSED Chairman Teele: In the meantime, we have one personal appearance that has been omitted from the agenda. Ms. Wilcox, you're recognized for not more than two minutes, and this is regarding St. Johns support for Florida Memorial College; is that correct? All right. Good morning, Ms. Wilcox. Inez Wilcox: Good morning. My name is Inez Wilcox. I'm representing St. John Baptist Church and Florida Memorial College. I tried to put it on paper so I wouldn't take any more time than I'm allotted. As most of you know, Florida Memorial College relocated to Miami some few years ago, and this college is supported by the Florida Baptist and their friends. It's doing a tremendous job here in Miami, but we are concerned about some youngsters that would like to go to college and attend Florida Memorial College, and they don't have sufficient funds to do so, so the people -- Baptist of the State of Florida raise money every year and they have what is called a Donation Day in November, when they pick money -- raise money, take it out to the college -- and the college has grown tremendously. The program has grown tremendously, and we're concerned about St. John's budget this year. We're frying to raise four thousand dollars for the -- to take out to the college to help them with their growth program, and I was just coming before you gentlemen hoping that you might be able to help us again this year, as you did before. We have a lot of educators here in Miami that were students at Florida Memorial College and they're doing a fantastic job representing the college, and are there any questions that I might answer? Chairman Teele: Ms. Wilcox, what you're doing again, I think, is you're asking for some support for Florida Memorial College. Ms. Wilcox: Yes, that's correct. Chairman Teele: All right, and I think each Commissioner will make their own decision, at an appropriate time, and we'll meet with you. I will meet with you privately and I will commit -- I also think it would be very advantageous, if the board would agree, to invite the president of Florida Memorial and to, perhaps, come before the Commission and tell us a little bit about what they're doing. Even though they're not geographically in our boundaries, they are one of the institutions that we are concerned about, along with Barry and St. Thomas and others, so maybe that would be something they would like to do. Ms. Wilcox: Yes. Chairman Teele: Are they going to be in the Omnibus bond issue? Everybody else is, so it would seem to me that you all would work with the president to make sure that the capital needs are also being addressed, and I would certainly like to be supportive of any capital needs that are going to be in the bond issue that Florida Memorial may have. Ms. Wilcox: Yes. Chairman Teele: Further comments or discussion? All right. Thank you so much, Ms. Wilcox. Ms. Wilcox: And thank you. Chairman Teele: Thank you for your patience. All right. City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 NA.2 04-00404 DISCUSSION ITEM Direction to the City Manager by Chairman Teele to schedule a discussion item at the next agenda related to the current contract for rental cars. DISCUSSED Commissioner Regalado: Mr. Chairman. Chairman Teele: Yes, sir. Commissioner Regalado: Last Commission meeting -- Chairman Teele: Followed by DI -- I'm sorry. DI.1, followed by DI.3, DI.5. All of the discussion items. Staff please help us out. Commissioner Regalado. Commissioner Regalado: In the last Commission meeting, we discussed a contract for rental cars regarding the City and some dispute. We -- I was told that the issue was resolved, but this morning, I was told that it's not; that apparently, what happened was that all the cars were called back and the other firm substitute the cars of this rental car. Mr. Manager, I don't -- I asked you yesterday, as a curiosity, and you told me it was resolved, but now Mr. Rojas, this morning, told me that it wasn't. Joe Arriola (City Manager): The problem is that solved it yesterday and they're here complaining today. You know, I hate to tell you, Commissioner, I'm pretty good, but can't have everything changed in one -- in 24 hours. I already told Mr. Rojas that gave strict orders for that to change. Yesterday afternoon, I signed that. You know, he's here complaining on Thursday morning. I'm sorry. Chairman Teele: The Chair is going to rule Mr. Rojas out of order, and we're going to ask that the item be brought up on the next agenda for a discussion, if there is going to be a discussion. Mr. Arriola: There won't be. We took care of it. Commissioner Regalado: OK Vice Chairman Sanchez: All right. Chairman Teele: Now, Commissioner Regalado, I don't want to upset you, so, you know -- Commissioner Regalado: Hey, I asked the Manager yesterday and he told me everything is back to normal, so that's that. That was the end, because we've -- I trust him, but this morning, they told me we're having these problems, and I just wanted to find out. It's best to do it publicly. Clear the air. Commissioner Winton: And now we've done it. Chairman Teele: All right, so what we're going to do then -- Commissioner Winton: We've all heard the same thing. Chairman Teele: Just so that there's no name calling, no misunderstanding, we're going to ask that the item be put on the agenda for the next meeting, as a discussion item, and hopefully, the item will be withdrawn. Is that a good way? Mr. Arriola: That's a good way. City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Vice Chairman Sanchez: That is the most diplomatic way. Mr. Arriola: Diplomatic way. Chairman Teele: Commissioner Regalado, can you live with that? Commissioner Regalado: Not only I can live, I think it's a very intelligent way -- Chairman Teele: All right. Commissioner Regalado: -- to do things. Chairman Teele: And it doesn't matter if Rojas can live with it or not, because he -- Mr. Arriola: Can I take him outside and beat him up now? Chairman Teele: You can take him outside and beat him up -- Mr. Arriola: OK, great. Chairman Teele: -- if he's causing problems. All right. NA.3 04-00405 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING COMMISSIONER JOHNNY L. WINTON AS THE CHAIRPERSON OF THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Winton Commission At -Large Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0245 Note for the Record: Commissioner Regalado resigned as Chairperson of the Coconut Grove Special Events and Marketing Committee. Subsequently, Commissioner Winton was appointed to said position. Commissioner Regalado: I do want to state to the Chair I would like to resign as Chairman of the Coconut Grove Marketing Committee effective today and -- Chairman Teele: Is there a motion? Commissioner Regalado: -- and nominate Commissioner -- Commissioner Winton: Why? Commissioner Regalado: Because the committee had been working with the idea of using the Convention Center for a long-term relationship. I don't mind any plans about the Convention City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Center, but the committee was not informed that they stopped making bookings of events at the Convention Center as of December, so I cannot -- Commissioner Winton: May. Commissioner Regalado: -- I cannot -- Chairman Teele: Huh? Commissioner Winton: Yeah, that has been rescinded. Commissioner Regalado: So -- Vice Chairman Sanchez: All right, Mr. Chairman, can we return to the order of the day? Commissioner Regalado: Well, this is the order of the day. I'm just telling the City Commission that appointed me that I'm resigning as the Chairman of the Coconut Grove Marketing Committee, effective today. That's all. Chairman Teele: Is there a nomination to replace Commissioner Regalado as Chairman? Does that require that a Commissioner has to do it? Commissioner Regalado: Yeah. Chairman Teele: Moved by Commissioner Gonzalez. It'll be Commissioner Winton. Is there a second? Vice Chairman Sanchez: Second. Commissioner Regalado: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.4 04-00392 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $2,500, TO THE XXV HEMISPHERIC CONGRESS OF THE LATIN CHAMBERS OF COMMERCE AND INDUSTRY FOR THE EVENT TO BE HELD APRIL 14-17, 2004, AT THE RADISSON MART PLAZA HOTEL AND CONVENTION CENTER; ALLOCATING FUNDS FROM DISTRICT 1 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289, SUBJECT TO BUDGETARY APPROVAL. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0246 Chairman Teele: All right. Board appointments and pocket items, please. City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 Commissioner Gonzalez: I have a pocket item, Mr. Chairman. Vice Chairman Sanchez: We still need to vote. Commissioner Winton: No. We passed it. Vice Chairman Sanchez: Oh, we passed it? Commissioner Winton: Yeah. We're done. Commissioner Gonzalez: A resolution of the City ofMiami Commission providing support in an amount not to exceed two thousand, five hundred dollars to the 25th Hemispheric Congress of Latin Chamber of Commerce and Industries to be held April 14 through 17, 2004 at the Radisson Mart Plaza Hotel and Convention Center; allocating funds from District 1 Special Event Account Number 001000.921054.6.289, subject to budgetary approval. So move. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.5 04-00395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO ENSURE CITY CODE COMPLIANCE OF THE VIOLATIONS RELATED TO ILLEGAL UNITS, WORK COMPLETED WITHOUT A PERMIT AND PARKING ON UNIMPROVED SURFACES AT THE PROPERTY LOCATED AT 2264 SOUTHWEST 16TH TERRACE, MIAMI, FLORIDA, SO LONG AS THERE EXISTS INADEQUATE REMEDIES AT LAW AND THE LIKELIHOOD OF IRREPARABLE INJURY WILL OCCUR IF THE INJUNCTION IS NOT GRANTED; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE FORECLOSURE ACTION, IF APPLICABLE, AGAINST THE PROPERTY AT 2264 SOUTHWEST 16 TERRACE, MIAMI, FLORIDA, FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMENT OR COSTS RELATED TO THESE VIOLATIONS, PURSUANT TO APPLICABLE LAW. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Teele Absent: 1 - Commissioner Winton R-04-0241 Chairman Teele: Next item. Commissioner Regalado: I have one. Mr. Chairman, I have here what I think is the second case City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 of illegal units to go to court in the City ofMiami. This is a resolution of the Miami City Commission authorizing the City Attorney to seek injunctive relief or any other actions in law or in equity to ensure City Code compliance of the violations related to illegal units, work completed without a permit and parking on unimproved surfaces at the property located at 2264 Southwest 16th Terrace, Shenandoah, Miami, Florida, so long as there exists remedies in law and the likelihood of irreparable injury will occur if the injunction is not granted; further authorizing the City Attorney to initiate (UNINTELLIGIBLE) action against the property at 2264 Southwest 16th Terrace for any outstanding money owed to the City related to Code Enforcement or cost related to these violations pursuant to applicable law. That's my motion. Commissioner Gonzalez: Second the motion. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. NA.6 04-00398 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, directing the City Manager to work with the law firm of Leeds, Colby, Paus, Spence, Hoffman, Valori for the use of the City owned storage facility known as Virrick Gym, located at 2600 Bayshore Drive, during the Campaign Libertad Freedom event scheduled to be held from May 19 to May 21, 2004, to commemorate Cuba's Independence Day. MOTION Commissioner Regalado: I have a motion directing the administration to work with the firm Leeds, Colby, Paris, Spence, Hoffman, Valori for the use of the City -owned storage facility known as Virrick Gym at 2600 South Bayshore Drive to present Campaign Libertad -- Freedom -- an event scheduled to be held from May 19 to May 21 st to commemorate Cuba's Independence Day, and what this is -- Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: What this is, so that people can understand, this law firm went to Key West and bid on the Russian plane that was brought to Florida from Cuba with 16 people. They bought the plane. They want to unveil the plane here at the Virrick Gym on May 20 as part of what they call Campaign Libertad or Freedom. They are spending their money, bringing the plane, and then they are going to donate the plane to the museum on Tamiami Airport, and what they want to do is they want to celebrate freedom using that symbol, and that is the purpose of this activity, that it will be held at the Virrick Gym in Bayshore Drive. Chairman Teele: All in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. NA.7 04-00399 DISCUSSION ITEM City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously, with Commissioner Winton absent, directing the City Manager to transfer funds in the amount of $2,099 from the District 4 rollover to the Manuel Artime account, to cover fees that were assessed during the Miami Hispanic Ballet appeal of an administrative decision. MOTION Chairman Teele: Further pocket items? Commissioner Regalado: And last, Mr. Chair, is a motion directing the City Manager to transfer funds in the amount of two thousand and ninety-nine dollars from the District 4 Rollover allocation to the Manuel Artime account to cover fees that were assessed during the Miami Hispanic Ballet's appeal of an administrative decision. That's my motion. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.8 04-00400 DISCUSSION ITEM Direction to the City Manager by Chairman Teele to prepare a resolution to accept donation of $100,000 from BAME for Gibson Park and to place said funds in a restricted account to be used only for programming; and further directing the Manager to schedule this item at the next meeting. DISCUSSED Chairman Teele: Commissioner Gonzalez? Vice Chairman Sanchez? Vice Chairman Sanchez: No pocket items. Chairman Teele: Vice Chairman Sanchez, would you preside and allow me? Is the Parks Director available? Mr. Chairman, I would like to make a direction to the Manager. Mr. Manager, we created a Parks Trust, a foundation. I think we were working with the Dade County Foundation. Linda Haskins (Deputy City Manager): There have been budget allocations for a Parks Trust. I believe the final working out of setting up the trust is still pending, but it's moving along. Chairman Teele: All right. Would you prepare a resolution, Mr. Budget Director or Madam Manager, to receive one hundred thousand dollars from BAME (Bethel African Methodist Episcopal) for the Gibson Park as funds that are being donated by Magic Johnson's Foundation, I believe, and others, but it's for Gibson Park, and what I'd like to make sure is that it gets into a foundation or some restricted account so that it can only be used for programming. Initially, we talked about, you know, using it to match dollars for sod, but the -- you know, where we need is not capital improvement monies right now. We need programming dollars, and I would like to have that prepared for the next meeting, and we will provide you with a copy of the check for the Gibson Park. NA.9 04-00394 RESOLUTION City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO MEET WITH THE AFRICAN-AMERICAN COMMITTEE OF THE DADE HERITAGE TRUST REGARDING THE ELEVENTH ANNUAL COMMEMORATIVE SERVICE, SCHEDULED FOR SUNDAY, APRIL 25, 2004, WHICH HONORS PIONEERS AND VETERANS INTERNED AT THE HISTORIC CITY OF MIAMI CEMETERY; FURTHER DIRECTING THE CITY MANAGER TO REPORT TO THE CITY COMMISSION AT THE THURSDAY, APRIL 22, 2004 COMMISSION MEETING REGARDING THE HEADSTONES FOR THE EVENT. Motion by Chairman Teele, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Teele Absent: 2 - Commissioner Winton and Regalado R-04-0242 Chairman Teele: Also, is the Parks Director around or NET (Neighborhood Enhancement Team ), or Madam Director? Yes. We have a request from the Dade Heritage Trust, the committee that hosts each year the 11 th Commemorative Service that's held in our cemetery each year, and apparently, we're having a lot of coordination challenges. And this is a resolution of the Commission directing the City Manager to meet with the African American Committee of the Dade Heritage Trust regarding the 11 th Annual Commemorative Service scheduled for Sunday, April 25th, which honors pioneers and veterans that are interned at the historic City ofMiami Cemetery; further directing the City Manager come back with a report at the next meeting to be held on Thursday regarding the headstones. I think there are three headstones in question for this event. I would so move. Vice Chairman Sanchez: There's a motion. Is there a second? Commissioner Gonzalez: Second. Chairman Teele: And just as a discussion, each year, the Mayor and many of the Commission members -- I think Commissioner Regalado has been very faithful in attendance, even though he's not here now -- in attending this, and I would certainly urge that the Net-9 make note of this, because it really does honor the people. I think this year, they're looking at honoring the late Philip Bowman and E. W. Richardson, who were incorporators of the City ofMiami, and also Senator Bill Turner and Charles Bevin are also, I think, a part of the Recognition Service. Vice Chairman Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay." Motion passes unanimously. NA.10 04-00402 DISCUSSION ITEM A motion was made by Chairman Teele, seconded by Commissioner Gonza lez, and passed unanimously, with Commissioner Winton absent, requesting the City Manager to take steps to open the Judge Thomas Park, located along Northeast 2nd and 11 th Street and to present the Commission with a maintenance plan to keep the park open on weekends. City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 MOTION Chairman Teele: And finally, it would be a request of the City Manager to take steps to open the -- Judge Thomas Park along Northeast 2nd and 11 th Street, and that park has been closed for the better part of the year. This is the Easter holiday season, and we would like to try to get it open for this Easter season. This is a park that Judge Thomas -- the late Judge Thomas, who was the first African -American Judge in the south donated to the City, and it's fenced in, and the people are very much up in arms that they can't even get access to it. There may be a question of getting a portalette or something there in some past history, but we would like to get your support on that through the NET (Neighborhood Enhancement Team) Office and the Parks Department. Vice Chairman Sanchez: What is your motion? Chairman Teele: To request the Manager to get the park open and to present a plan to maintain it open, really, I think only on weekends. You know, Friday through Sunday kind of thing. Vice Chairman Sanchez: All right. There's a motion -- Commissioner Gonzalez: Second. Chairman Teele: -- and there's a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone opposing, having the same right, say "nay." Motion carries unanimously. Chairman Teele: All right. Thank you, Mr. Vice Chairman. NA.11 04-00403 DISCUSSION ITEM Direction to the City Clerk by Chairman Teele to check with the members of the Commission regarding the possibility of rescheduling the May meetings to be held both in one day, preferably on May 20th, and present this information to be considered at the April 22nd Commission meeting. [Note: Clerk contacted Commissioners on April 9, 2004 and scheduled this matter as a discussion on the April 22, 2004 agenda.] DISCUSSED Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): No, sir, not -- Chairman Teele: I would ask if we could look at consolidating or somehow, on this May meeting -- we moved it one time, I think, from -- Joel Maxwell (Deputy City Attorney): 13th to the 6th, I think. Chairman Teele: To the 6th. Mr. Maxwell: Yes, sir. Chairman Teele: And maybe we could consolidate that. Would you all -- Madam Clerk, would you check with the various Commissioners? And then the last meeting of March, we have a City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes April 8, 2004 workshop. What is that workshop? Is that a Community Development workshop? Mr. Maxwell: You mean April? Chairman Teele: The last meeting -- Ms. Thompson: April -- April is a special workshop, again, or a special meeting, and it has to do with height moratoriums, as well. Chairman Teele: It has to do with what? Ms. Thompson: If I'm not mistaken, height moratoriums, as well. Mr. Maxwell: Not the height moratorium -- Ms. Thompson: I'm sorry. Mr. Maxwell: Not height moratorium. It's the new ordinance up there that would implement height limitations. Ms. Thompson: OK. Chairman Teele: So that's the meeting of what? Ms. Thompson: The 29th ofApril. Chairman Teele: Is that also listed as a workshop? Mr. Maxwell: It's a special meeting. Ms. Thompson: A special Commission meeting. Chairman Teele: Well, you know, can you all look at, with the Commission, as to making that a general meeting, and not having that first meeting in May? Work with the Manager and see if we can decide on that, OK? Ms. Thompson: Did you want -- and just for my own clarification, May 6th and May 27th are the current meeting dates, and you wanted to consolidate -- Chairman Teele: I was hoping that we could compromise it and make May 20th or so the one meeting in May. Ms. Thompson: Well have to check, and we'll present the information to you at the meeting on the April 22nd. Is that OK? Chairman Teele: That's fine. Ms. Thompson: Thank you. Chairman Teele: Are there any other matters? If not, the meeting stands adjourned. Thank you very much. City ofMiami Page 172 Printed on 12/16/2004