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HomeMy WebLinkAboutCC 2004-05-06 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miami. fl. us Verbatim Minutes Thursday, May 6, 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 May 6, 2004 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Pages 3-4 AM - APPROVING MINUTES Page 4 CA - CONSENT AGENDA Pages 5-11 PA - PERSONAL APPEARANCES Pages 12-21 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS Pages 22-28 SR - SECOND READING ORDINANCES Page 29 RE - RESOLUTIONS Pages 30-31 BC - BOARDS AND COMMITTEES Pages 32-51 DI - DISCUSSION ITEMS Pages 52-57 PART B PZ - PLANNING AND ZONING ITEMS Pages 58-131 City ofAliami Page 2 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Winton, Vice Chairman Sanchez and Commissioner Regalado Absent: Commissioner Gonzalez and Chairman Teele On the 6th day ofMay, 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 9:42 a.m. by Vice Chairman Joe Sanchez, with Chairman Teele and Commissioner Gonzalez absent, recessed at 12:04 p.m., reconvened at 3:16 p.m., recessed at 3:21 p.m. to convene a Special Community Redevelopment Agency (CRA) meeting, adjourned the Special CRA meeting at 3: 40 p.m., reconvened the regular meeting at 3: 41 p.m., and adjourned at 8:10 p.m. Note for the Record: Chairman Teele entered the meeting at 9:48 a.m. and Commissioner Gonz alez entered the meeting at 9:50 a.m. ALSO PRESENT: Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS Vice Chairman Sanchez: We'll go ahead and start with the presentations this morning. Mr. Mayor, good morning. Mayor Diaz: Thank you, Mr. Chair. Vice Chairman Sanchez: You're recognized. Presentations and Proclamations. PR.1 04-00464 PRESENTATION Name of Honoree MAYORAL VETOES Presenter Protocol Item National Tourism Week 2004 Mayor Diaz Proclamation South Florida Youth Foundation Volunteers Heddy Collazo Mayor Diaz Certificate of Appreciation Neil Dubrow Mayor Diaz Certificate of Appreciation Jonathan Fryd Mayor Diaz Certificate of Appreciation Miranda Kaltman Mayor Diaz Certificate of Appreciation John Kanter Mayor Diaz Certificate of Appreciation Scott Robins Mayor Diaz Certificate of Appreciation Philip Youtie Mayor Diaz Certificate of Appreciation Commander Brenda Williams Mayor Diaz Certificate of Appreciation 04-00464- cover memo.pdf 04-00464- protocol list.pdf Mayor Diaz presented Certificates ofAppreciation to volunteers of the South Florida Youth Foundation, a charitable foundation which helps the children of Overtown and Liberty City stay in school: Heddy Collazo, Jonathan Fryd, Miranda Kallman, John Kanter, Scott Robbins, and Commander Brenda Williams. City ofMiami Page 3 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 NO MAYORAL VETOES Vice Chairman Sanchez: If we could please rise; and we'll have a prayer, and then we'll do the pledge of allegiance, and we'll start with the order of the day today. An invocation and pledge of allegiance to the flag. Vice Chairman Sanchez: The meeting has been called to order. We have no vetoes from the Mayor. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Vice Chairman Sanchez: The Chairman has just arrived, so he'll be up here in a few minutes. We need to take care of some items. Let's go ahead and start with -- we need approving the minutes of the Planning & Zoning meeting ofMarch the 25, 2004. Commissioner Winton: So move. Vice Chairman Sanchez: There's a motion by -- Commissioner Regalado: Second. Vice Chairman Sanchez: -- Commissioner Winton. Second by Commissioner Regalado. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries unanimously. If we could get -- well, the Chairman has just arrived. Motion by Commissioner Winton, seconded by Commissioner Regalado, to APPROVE PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Teele ORDER OF DAY Chairman Teele: As a matter of the order of the day and the record, we also have -- today during the break, at 12:30 -- I think, a groundbreaking, so we do -- at the -- it's at the diversified component or the commercial component ofMidtown. Commissioner Winton: (UNINTELLIGIBLE) the other where -- and Commissioner Regalado can be there, I'm hoping. Tonight it's at -- well, I think it's at 7. Commissioner Regalado: Oh, OK, because -- Commissioner Winton: Because we have the -- Commissioner Regalado: -- the Kubik is at 6. Commissioner Winton: Yeah, it's at 6, right. Chairman Teele: And then the 7 p.m. is the other groundbreaking of the residential component, so it would be the Chair's request that we fry to be out of here by 6:45 p.m. tonight, if there's any way we can do that. 6:45 p.m. is the request that we fry to adjourn. Vice Chairman Sanchez: That's fine. City ofMiami Page 4 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Regalado: Perfect. Chairman Teele: All right. Other items. Commissioner -- It should also be noted that a special board meeting of the CRA (Community Redevelopment Agency) will be convened, if it's acceptable to the majority, when we come back after the break. The time set is 2:30. We have a Commissioner Winton: Is that today? Chairman Teele: Say -- Commissioner Winton: You said today? Chairman Teele: Today. Commissioner Winton: OK. Chairman Teele: We have a time certain at 10:05 this morning with Bill Talbert, regarding an update on the tourism, and I think we have some other requests for personal items. Would Commissioners like to take up their blue pages? I didn't see a whole lot. Commissioner Regalado: Mr. Chairman, I was told by the media that we -- they're hoping to get the input of the City Commission on the Orange Bowl -- Vice Chairman Sanchez: That's my blue page. Commissioner Regalado: -- baseball stadium. It says 9 a.m. Chairman Teele: That's Commissioner Gonzalez -- Commissioner Regalado: Sanchez. Chairman Teele: -- Commissioner Sanchez' blue pages, so he'll control when that comes, and I think there's a hoard of the media out there doing an interview now of the owner, or some of the management of the Marlins, so whenever Commissioner Sanchez -- CONSENT AGENDA CA.1 04-00327 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 $100,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY, FOR REPRESENTATION OF THE CITY OF MIAMI IN CASES RELATED TO THE DEFENSE OF THE CITY OF MIAMI PARKING SURCHARGE ORDINANCE, INCLUDING BUT NOT LIMITED TO: AMPCO SYSTEM PARKING, INC., ET AL . VS CITY OF MIAMI, CASE NO. 01-27582 CA (15), PARKA. PARTNERS, LTD., ET AL. VS CITY OF MIAMI, CASE NO. 01-20074 CA (06), AND PATRICK MCGRATH, III VS THE CITY OF MIAMI, CASE NO. 99-23765 CA ( 10), ALL IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6. City ofMiami Page 5 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 661, FOR SAID SERVICES. 04-00327- cover memo.pdf 04-00327- budget approval.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0291 CA.2 04-00409 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE LICENSING, MAINTENANCE AND PRODUCT SUPPORT AGREEMENT WITH B & L ASSOCIATES, INC. , AWARDED PURSUANT TO RESOLUTION NO. 03-422, ADOPTED MAY 8, 2003, FOR MAINTENANCE OF ITS PROPRIETARY SOFTWARE, FOR A THREE-YEAR PERIOD, IN AN AMOUNT NOT TO EXCEED $163,360, WITH AN ANNUAL MAINTENANCE AND PRODUCT SUPPORT AMOUNT NOT TO EXCEED $57,855, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO EXTEND THE PRODUCT SUPPORT FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS WITH ANNUAL MAINTENANCE INCREASES LIMITED TO NO MORE THAN FOUR PERCENT (4%) PER YEAR, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; ALLOCATING FUNDS FROM GENERAL ACCOUNT CODE NO. 001000. 460101.6.670, CAPITAL PROJECTS ACCOUNTS OR INFORMATION TECHNOLOGY STRATEGIC FUNDS. 04-00409- cover memo.pdf 04-00409- budgetary impact.pdf 04-00409- B&L assoc. documents.pdf 04-00409- award .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0292 CA.3 04-00410 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ACCEPTING THE BID OF ADVENTURE ENVIRONMENTAL, INC., FOR THE PROJECT ENTITLED " CITYWIDE CANAL CLEANING AND MAINTENANCE PROJECT, B-5710," FOR THE DEPARTMENT OF MUNICIPAL SERVICES, DIVISION OF PUBLIC WORKS, FOR A CONTRACT PERIOD OF TWO YEARS, IN AN AMOUNT NOT TO EXCEED $221,200 ($95,600 ANNUAL CONTRACT AMOUNT PLUS $ 15,000 FOR ANNUAL INSPECTION AND INCIDENTAL EXPENSES), WITH AN OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR A TOTAL CONTRACT AWARD AMOUNT NOT TO EXCEED $442,400; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL OPERATING City ofMiami Page 6 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 BUDGET, ACCOUNT NOS. 001000.311003.6.340, IN AN AMOUNT NOT TO EXCEED $191,200 AND 001000.311003.6.270, IN AN AMOUNT NOT TO EXCEED $30,000. 04-00410- cover memo.pdf 04-00410- award recommendation.pdf 04-00410- budgetary impact.pdf 04-00410- award sheet.pdf 04-00410- tabulation sheet.pdf 04-00410- bid security list.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0293 CA.4 04-00411 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF CITY VIEW SOFTWARE FROM MUNICIPAL SOFTWARE CORPORATION, TO INCLUDE ALL SOFTWARE, IMPLEMENTATION SERVICES, TRAINING MAINTENANCE, TECHNICAL SUPPORT, AND OTHER RELATED SERVICES, TO PROVIDE A ZONING COMPLIANCE, CODE ENFORCEMENT, AND PERMITTING AND INSPECTIONS COMPUTER SYSTEM, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY ("IT"), UNDER THE EXISTING CITY OF SAN MATEO, CALIFORNIA CONTRACT, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF SAN MATEO, FOR AN INITIAL FIRST YEAR PROPOSED AMOUNT NOT TO EXCEED $380,000, WITH THE OPTION TO PURCHASE ADDITIONAL LICENSES, SOFTWARE, MAINTENANCE, AND SERVICES OVER A FIVE -YEAR PERIOD FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $677, 322, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,057, 322; ALLOCATING FUNDS FOR THE FIRST YEAR OF THE CONTRACT FROM IT CAPITAL IMPROVEMENTS PROJECT ("CIP") ACCOUNT CODE NO. 311617, IN THE AMOUNT NOT TO EXCEED $ 150,000, CIP ACCOUNT CODE NO. 311620, IN THE AMOUNT NOT TO EXCEED $150,000, FROM IT'S STRATEGIC FUNDS AND THE IT'S OPERATING BUDGET, IN THE COMBINED AMOUNT NOT TO EXCEED $ 80,000, WITH FUTURE YEAR FUNDING ALLOCATED FROM VARIOUS CIP ACCOUNTS, THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS, ITD'S OPERATING BUDGET, AND IT STRATEGIC FUNDING. 04-00411- cover memo.pdf 04-00411- budgetary impact .pdf 04-00411- San Mateo agreement.pdf 04-00411- San Mateo reso.pdf 04-00411- City of Mia. agreement.pdf 04-00411- award under San Mateo.pdf City ofMiami Page 7 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0294 CA.5 04-00412 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING BIDS FROM VARIOUS VENDORS, AS LISTED ON "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR THE PURCHASE OF PAPER PRODUCTS AND PLASTICS, IN AN AMOUNT NOT TO EXCEED $30,000, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE- YEAR PERIODS; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $30,000, FROM CAPITAL IMPROVEMENTS PROJECT ACCOUNTS, SPECIAL REVENUE FUNDS, AND/OR CURRENT FISCAL YEAR (2003- 2004) OPERATING BUDGETS OF VARIOUS DEPARTMENTS AND AGENCIES, 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. 04-00412- cover memo.pdf 04-00412- award recommendation.pdf 04-00412- award sheet.pdf 04-00412- tabulation sheet.pdf 04-00412- bid security list.pdf 04-00412- exhibit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0295 CA.6 04-00413 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "MIAMI-DADE COUNTY EMS GRANT #C3013 AWARD (FISCAL YEAR 2003-04)," IN THE AMOUNT NOT TO EXCEED $108.476, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY ("COUNTY") FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS"), "FLORIDA EMS GRANT PROGRAM FOR COUNTIES;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO City ofMiami Page 8 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00413- cover memo.pdf 04-00413- budgetary impact.pdf 04-00413- letter of understanding.pdf 04-00413- letter from MDFR.pdf 04-00413- expenditure plan.pdf 04-00413- projects carried over.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0296 CA.7 04-00414 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF B K MARINE CONSTRUCTION, INC., FOR THE PROJECT ENTITLED "DINNER KEY MARINA MOORING PILE REPLACEMENT PROJECT -PHASE II, B-60474," IN THE PROPOSED AMOUNT NOT TO EXCEED $124,900, ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 326011, IN THE AMOUNT NOT TO EXCEED $124,900, FOR CONTRACT COSTS, PLUS $6,245 FOR ESTIMATED EXPENSES INCURRED BY THE CITY OF MIAMI, FOR TOTAL PROJECT COSTS IN THE AMOUNT NOT TO EXCEED $131,145, AS SET FORTH ON THE FORMAL BID 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. 04-00414- cover memo.pdf 04-00414- budgetary impact.pdf 04-00414- exhibit 1- formal bid.pdf 04-00414-exhibit 2- project fact sheet.pdf 04-00414-exhibit 3- contract.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0297 CA.8 04-00417 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REIMBURSEMENT OF CAPITAL EXPENDITURES IN THE AMOUNT NOT TO EXCEED $28,550, TO THE OVERTOWN YOUTH CENTER, INC. (" OYC"), A NON-PROFIT CORPORATION, FOR THE PURCHASE AND INSTALLATION OF HURRICANE SHUTTERS ON THE CITY OF MIAMI'S City ofMiami Page 9 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 ("CITY") FACILITIES OPERATED AND MAINTAINED BY OYC, WITHIN GIBSON PARK, LOCATED AT 450 NORTHWEST 14TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND FUNDS CAPITAL IMPROVEMENT PROJECT NO. 331419, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCE, AS AMENDED. 04-00417- cover memo.pdf 04-00417- budgetary impact.pdf 04-00417- notice to purchaser.pdf 04-00417- check.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0298 CA.9 04-00418 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 17TH AVENUE FROM NORTHWEST 14TH STREET TO NORTHWEST 17TH STREET, MIAMI, FLORIDA, AS "DON JOSE GONZALEZ CURBELO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00148- cover memo.pdf 04-00148- budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0299 CA.10 04-00419 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHEAST 4TH COURT FROM NORTHEAST 73RD STREET TO NORTHEAST 79TH STREET, MIAMI, FLORIDA, AS "EGON STEPHAN, SR. COURT;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00419- cover memo.pdf 04-00419- budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez City ofMiami Page 10 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 R-04-0300 CA.11 04-00420 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 26TH AVENUE FROM SOUTHWEST 28TH STREET TO SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA, AS "SCORNAVACCA AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00420- cover memo.pdf 04-00420- budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0301 CA.12 04-00421 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 16TH STREET FROM SOUTHWEST 13TH AVENUE TO SOUTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS "CALLE DR. CRISTOBAL GONZALEZ 'MAYITO' MAYO;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00421-cover memo.pdf 04-00421-budgetary impact This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0302 CA.13 04-00422 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 14TH AVENUE FROM SOUTHWEST 7TH STREET TO SOUTHWEST 8TH STREET, MIAMI, FLORIDA, AS "AVENIDA LIBERTAD LAMARQUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF MUNICIPAL SERVICES TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 04-00422- cover memo.pdf 04-00422- budgetary impact.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 11 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0303 CA.14 04-00437 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CACS, INC., RELATING TO THE PRESENTATION OF A WORLD CUP QUALIFIER SOCCER MATCH, BETWEEN THE NATIONAL TEAMS OF JAMAICA AND HAITI, TO BE HELD AT THE ORANGE BOWL STADIUM ON JUNE 12, 2004; AUTHORIZING A CAP ON THE USER FEE IN AN AMOUNT NOT TO EXCEED $5,000 FOR THE EVENT; CONDITIONING SAID AUTHORIZATION UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW, (2) PAYING FOR ALL NECESSARY COSTS OF CITY OF MIAMI ("CITY") SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT, (3) OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE, AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR DESIGNEE. 04-00437- cover memo.pdf 04-00437- exhibit 1-agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez R-04-0304 CA.15 04-00439 DISCUSSION ITEM ACCEPTING A REPORT FROM THE CIVIL SERVICE BOARD. 04-00439- board actions.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Adopted the Consent Agenda City ofMiami Page 12 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Motion by Commissioner Winton, seconded by Vice Chairman Sanchez, including all the preceding items marked as having been adopted on the Consent Agenda. Vice Chairman Sanchez: We're at consent agenda. Chairman Teele: Go right ahead? Vice Chairman Sanchez: Yeah. Consent agenda. Chairman Teele: Are there requests for deferrals, withdrawals? Commissioner Winton: Move the consent agenda. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? There are no mayoral vetoes. Was that already announced? Vice Chairman Sanchez: Yes. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez Vice Chairman Sanchez: We're at consent agenda. Chairman Teele: Go right ahead? Vice Chairman Sanchez: Yeah. Consent agenda. Chairman Teele: Are there requests for deferrals, withdrawals? Commissioner Winton: Move the consent agenda. Vice Chairman Sanchez: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? There are no mayoral vetoes. Was that already announced? Vice Chairman Sanchez: Yes. END OF CONSENT AGENDA City ofMiami Page 13 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 PERSONAL APPEARANCES 10:00 A.M. PA.1 04-00256 DISCUSSION ITEM MR. PHILIP BACON, EXECUTIVE DIRECTOR OF COLLINS CENTER FOR PUBLIC POLICY AND MR. WILLIAM MAUZY, PRESIDENT/CEO OF BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. TO ADDRESS THE COMMISSION CONCERNING OVERTOWN DEVELOPMENT/CIVIC PARTNERSHIP. 04-00256-cover memo.pdf DEFERRED 10:05 A.M. PA.2 04-00423 DISCUSSION ITEM MR. WILLIAM TALBERT, PRESIDENT/CEO OF THE GREATER MIAMI CONVENTION AND VISITORS BUREAU AND MR. R. DONAHUE PEEBLES, CHAIRPERSON OF THE BUREAU TO ADDRESS THE COMMISSION CONCERNING AN UPDATE ON THE STATE OF OUR LOCAL TOURISM. 04-00423- cover memo.pdf DISCUSSED Note for the Record: Commissioner Gonzalez requested that the Greater Miami Convention and Visitor's Bureau provide the Commission with a list of all bookings for the remainder of this year as mentioned by Mr. Peebles during today's discussion on Item PA.2. Chairman Teele: All right. We have a 10 o'clock item here with the distinguished tourism officials. Who is the City representative to the tourism board, Commissioners? Commissioner Regalado: I'm not. I -- Commissioner Gonzalez: I am. Commissioner Regalado: It's Angel. Chairman Teele: Commissioner Gonzalez will control the proceeding. Mr. Talbert, Mr. Peebles, welcome. Commissioner Gonzalez: Welcome. Good morning. Donahue Peebles: Thank you, Mr. Chairman, Commissioners. Thank you for having us here this morning. We're here -- this is National Tourism Week, and as we all know, tourism is our number one industry in this destination, and Mr. Talbert, the president of the bureau, and myself as chairman, are here to update you on the progress of our destination, in terms of how we performed in 2003 and also, how we're performing in the first quarter of 2004, and also to update you on some initiatives that we're doing now to further grow our tourism industry. First City ofMiami Page 14 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 of all, I'd like to just report to you that, in the year 2003, we ended the year number one in the United States, in terms ofgrowth in occupancy. We grew 3.9 percent in occupancy for 2003, compared to 2002. We grew, in average daily room rate, 3.9 percent, as well, and we were number one in growth revenue generated per available room night of 8.9 percent, so we led the nation. The first quarter of this year, we, again, lead the nation, as well, in terms of performance overall in the marketplace, and in terms ofgrowth in average daily room rate, occupancy and revenue per available room night. Additionally -- by the way, pardon me. I'm recovering from a little bit of a flu, so my voice is a bit hoarse. Want to also update you on some of our performances, in terms of bringing conventions to our destination. In 2003/2004, we've hosted a number of citywide conferences. The NAACP (National Association for the Advancement of Colored People), which was here from July 11 th to the 18th for 2003, which was a very prestigious event for our destination, and certainly, a renewed relationship with the national NAACP, and a preview of greater performance for us, in terms of attracting more national mega conferences, like the NAACP. The Diving and Equipment and Marketing Association was here October 8th to 11 th, with 15,000 attendees; with an economic impact of over ten million dollars. The AFTA World Travel Congress was here in October of 2003, with 6,000 attendees. Again, another three million, two hundred thousand dollars in economic impact to our community. Prudential Real Estate and Relocation Services was here March 7th to the loth of this past -- of this year. They took 6,000 room nights and an economic impact of four point five million dollars . Also important is that you can't measure the economic impact from that conference because what that conference is, is a relocation and real estate services conference, so it's relocaters and real estate agents from around the globe that come and see our destination, and report back to corporations that we're a great place to have a corporate office, we're a great place to do business, and we're a great place to come and live, or have a vacation home, so it further stimulates our real estate and business economy, as well, and exposes those people to our destination in a very positive way. We've got some major bookings coming up in the years to come. The American Federation of State, County and Municipal Employees will be here in 2006 , with an economic impact of eleven million dollars. The National Football League Superbowl will be here in 2007, February 2007; economic impact of forty-three million dollars to our destination. The International Association of Employee Benefits Plan here in October of 2008; another eight million dollars in economic impact to our community. The International Association of Dental Research is going to be here in 2009; another five point five million in economic impact, and another very prestigious event will be here for our destination, and that's the Travel Industry Association ofAmerica's International PowWow. That will be from May 16 th to May 20th of 2009, and in attendance, there will be over 5,000 travel agents and travel industry professionals, again, exposing them to this great destination and leading to future business for us, and promoting Miami as a destination to come, and of course, to travel and do business in. I want to update you real quickly on what's happening at the bureau. I took over as chairman in October of 2003, and I have three major objectives: One is to solve this on again, off again issue about where we were going to have our corporate office, a basic administrative function, and as you may have heard, there was a lot of pressure for us to go to Miami Beach. We view this bureau as a Greater Miami and the Beaches Convention and Visitors Bureau, so our job is to market this destination. Miami is our brand. We're -- we have a responsibility to market Miami, Coral Gables, Coconut Grove, South Beach, Mid -Beach, Key Biscayne, all of our destinations, so that's our role, so when we made a decision on our corporate offices, we looked at what would satisfy our administrative functions, and also be the most fiscally prudent. It turned out that staying in Miami, at 701 Brickell Avenue, was the best deal for us financially. It saved us about three and a half million dollars, so I made the decision that we would go forward with the recommendation of a committee that I appointed to examine where we should locate our offices. We signed our lease. That issue is behind us. We're here in our space for at least another five years. Is it five years, Bill? Yeah, five, plus another five-year renewal option. That's behind us. Second thing I wanted to do is to focus on an important element. Miami is still considered, from the travel industry perspective, a seasonal marketplace, so in the summer, our travel numbers go down in terms of our occupancy in our hotels, and the rates of our hotels, and what that does is, of course, it has a detrimental effect to our local businesses. It means that we City ofMiami Page 15 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 now have to suffer this downturn in the marketplace. Businesses fail, especially our small community based businesses. We produce fewer jobs, and this is happening at a time when the entire United States is traveling, so why is it that we can't bring them here? They're not traveling to Alaska or some place cold. They're traveling to some place warm; the Caribbean, or somewhere in the south, or the southeast, so why can't we bring them here? So the number one focus of my role as chairman over the next year and a half that I have left, is to grow that seasonal business so we can give some stability to our local businesses, create greater jobs for our young people, especially in the summer months when our young people are out of school and need jobs, and our community based businesses are the ones that are going to employ those young people. We've got to live up to our responsibility as a bureau. The number one industry here is tourism, and we ought to be very competitive with the rest of the country in terms of attracting Americans here in the summer, and our international visitors, and so -- you know, for example, September 11 th, the terrible events that happened there have made Americans less likely to leave the United States. Well, we should bring them here. We're the most culturally rich and diverse society in the United States. We should be able to bring them here, and so, that is my goal, is to take the seasonality out of our marketplace and create a much more stable environment year round in the tourism industry, and then the final thing that I want to accomplish, one way or the other, is that the bureau has constantly had to spend -- every two years, we -- or every year and a half, we get distracted about this contractual negotiations we have with our partner on Miami Beach. It's a wonderful destination. They're a very important part of our bureau, and a very important part of our destination, but the way this funding mechanism was set up here is antiquated, and either we're going to resolve it with them or we're going to have to look for some other alternatives. The reality is, is that we have a contract with the City ofMiami and Miami -Dade County that just automatically renews. Miami Beach wants to negotiate every two years. What that does is, it means Mr. Talbert and all of his staff -- instead offocusing their efforts on selling our destination, which is what you're paying us to do and what the County is paying us to do, we are focusing our time and energy on negotiating a contract, and so my third objective is to add some stability to that relationship, and to enter into a five-year arrangement with the City ofMiami Beach so that we will be able to proceed and focus on our role of marketing our destination. I want to just remind you that we are the only County in the state -- it's out of 67 other counties, 67? Vice Chairman Sanchez: 67. Mr. Peebles: 67 counties, so 66 of them all have a relationship where the tourist development dollars -- these bed tax dollars go to the County, and the County distributes them to the bureau. Miami Beach and Bal Harbor are unique. Our destination here is the only situation in the entire state that has this kind of situation where we're having to negotiate a contract with a specific municipality, and so, one way or another, we're going to end that so we can do our job for you and the rest of this community, which is to sell this destination and sell it day in and day out, and that's our role. We're not politicians. We're not lobbyists. We are a tourism and marketing organization, and that's what we're going to focus on, and so, those are the three accomplishments that I want to do in the next 18 months, and I'm happy to answer any questions. You've been a wonderful partner to have. I commend the Commission, the Mayor, the City Administrator on the job you've done to attract businesses downtown, to Miami, and to this destination. I used to live in Miami. I live very close to the City limits, and as a developer, I have to tell you that you've created a wonderful environment to come and do business in, and I'm looking forward to bringing my business here, as well. Happy to answer any questions, Commissioner. Commissioner Gonzalez: Thank you. One thing that I would appreciate, if you could provide me, in writing, all the bookings that you mentioned -- Mr. Peebles: Sure. City ofMiami Page 16 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Gonzalez: -- for the future dates, and at the same time, provide it to the rest of the Commission, my colleagues -- Mr. Peebles: Yes. Commissioner Gonzalez: -- so we can have, you know, that in writing. Mr. Peebles: OK. Commissioner Gonzalez: Yes, please. Commissioner Regalado: Commissioner. Thank you, Commissioner. Thank you, Mr. Chairman . One thing that I wanted to understand -- and maybe it's a technical thing, but maybe either Bill or you can -- on the monthly occupancy, room and rate by region, the level of occupancy is first described as total County, and then downtown/North Dade. Is this -- I mean, is North Dade really North Dade? I mean, Aventura -- William Talbert: Yes, it is. Commissioner, this is data that we don't collect. An outside agency called Smith Travel Research, which is the authority for collecting this, they collect it, and it does include North Dade, but the bulk of it is downtown Miami. Commissioner Winton: Can't we get them to change -- Chairman Teele: Welcome, Mr. Talbert, but please identify yourself for the record. Mr. Talbert: I'm sorry, Mr. Chairman. I'm Bill Talbert, CEO (Chief Executive Officer) of the Greater Miami Convention and Visitors Bureau, 701 Brickell Avenue. Commissioner Regalado: And the other technicality: Airport, Civic Center. Now, there may be several hotels in the unincorporated area of the airport. Mr. Talbert: Airport Hilton. Commissioner Regalado: The Civic Center is the core of the City ofMiami, with downtown, but it doesn't specify. Mr. Talbert: Well, this, once again, is an outside agency. We can tell you how much of the resort tax is collected by hotels in the City ofMiami and probably, ultimately, by neighborhood. That data is collected by the County, and we do have that information. Commissioner Winton: Can't you get them to change their -- Mr. Talbert: We could ask them to do that, on your behalf. Commissioner Winton: I think that would be clearer for all of us. Commissioner Regalado: It would be very clear if we have Airport, Civic Center, Coconut Grove and downtown, because it's -- downtown is Brickell, too, of course. Commissioner Winton: Right. Commissioner Regalado: So it would be easier to understand. Last week, there was a 72 percent occupancy rate throughout the County, and in downtown/North Dade, it's about 78 percent, so we don't know if this -- City ofMiami Page 17 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Talbert: Well, I can tell you a lot. We're a member -driven organization, and all of the downtown hotels, all the Coconut Grove hotels are members of the bureau, and I can tell you their reports are very positive, both on occupancy and on rate. Remember, the occupancy started coming back, but the rate wasn't, but the rate is back now, as well, so there's good news. Downtown hoteliers are smiling. Mr. Peebles mentioned this summer. Thank you for your partnership in helping us book, for this summer, the MTV (Music Television) Video Music Awards, August 29th of this year. It was a partnership between the bureau, the City, the County and the arena, so it's -- that will help drive summer business, but we can give you resort tax collections in the City, and we will go to Smith Travel and ask them how -- if they can slice it down, as you've described. Commissioner Regalado: And one question. Is it -- are you focused basically on conventions or tourism in general? Mr. Talbert: We're the official sales and marketing company for tourism and meetings and conventions. Commissioner Regalado: OK. Mr. Talbert: And meetings and conventions. We book meetings in hotels; we book them in the Knight Center; we book them in the Coconut Grove Expo Center and, yes, in the Miami Beach Convention Center, so we -- our resources are allocated based on the marketplace. The marketplace is about 75 percent leisure or vacations, and 25 percent meetings, conventions and business. Our resources in the bureau are allocated in that same fashion. Mr. Peebles: Commissioner -- Commissioner Regalado: Bill, ifI may? Just a question. That's what you do, and you do it great. My question is, are we ready to bring more conventions? Do we have the space to book in convention centers? You mentioned the Coconut Grove Expo, Knight Center, Miami Beach, the Radisson -- it's also a convention place? Mr. Talbert: The Radisson, we book. We book in any facility that will accept business. Commissioner Regalado: Well -- no, I mean -- you know, I'm talking about traditional historical convention center. My question is this -- and this is an issue that is for the City ofMiami, but I was very curious. Last year, the Coconut Grove Convention Center had, on the year 2003, 62 events. Now, suppose that convention center is gone because there are other plans. Is there space still to accommodate 63 events and bring additional events to the facilities that are left? Mr. Talbert: I think the answer, Commissioner, is yes. Mr. Peebles: Actually, it's yes, but -- Commissioner Gonzalez: In the City ofMiami or -- Commissioner Regalado: No. I'm talking in the City ofMiami, not Miami Beach. Commissioner Gonzalez: Yeah. I want to make sure that it's in the City ofMiami. Commissioner Regalado: No. I'm talking City ofMiami. Mr. Peebles: You're talking about focusing and growing -- if you -- I think the best use of that site is probably not the facility that's there. I do think that, based on what's happening in the City ofMiami, that you are creating this environment. You look at what's happening in City ofMiami Page 18 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 downtown Miami. You're bringing more business and luxury hotels on the market; the Four Seasons, the J. W. Marriott, the Conrad. The upscale marketplace really is becoming downtown. That along with the heavy concentration of conference facilities at the Marriott and -- that Marriott hotel village area, where you've got the Marriott, the Radisson and the Double Tree, is it? Mr. Talbert: Double Tree Grand, yes. Mr. Peebles: And that's got a group -oriented facility. There is -- I believe instinctively that there would be a demand for a larger facility in the City ofMiami. Commissioner Regalado: That is my point, and that is my point. Mr. Talbert: Can I address that? Not to interrupt you. Let me just get on the record here. A couple of years ago, the convention bureau conducted the first Convention Space Needs Analysis for this entire destination that was ever done. I think Christina Abrams served on that steering committee. One of -- there were several recommendations. One principal recommendation was that the -- our regional convention center, the convention center on Miami Beach, needed a multipurpose banquet facility. It also talked about -- and I think Commissioner Winton followed up on it with the DDA (Downtown Development Authority) -- that in the event that more meetings are booked at the convention center -- We have a fix on what happens at the Palm Beach Convention Center, which has -- which just opened. What happens at the Diplomat, which has 200 -- it's a convention center, too -- that if there wasn't -- it wasn't taking away business, that there would be need, possibly long-term, for a convention center of 150,000 square feet or so in the City ofMiami. I think, through the DDA, with Commissioner Winton as chair, hired a consultant and, I believe, looked at some sites, and I'm not sure exactly what the outcome was, but the answer is, long-term -- long, long-term, there may be a need for an additional facility. Anybody want to -- Commissioner Winton: It said that the likelihood was strong that within a 10-year period, and probably about that 10-year horizon -- I think two years have passed -- so, within eight more years, the likelihood is strong that the City ofMiami could, in fact, utilize a 150,000 square foot facility that wouldn't be designed to compete with the Miami Beach Regional Convention Center, but would be geared to that smaller market that's harder and more difficult for them to deal with, and would have a significant meeting kind of space, not big, bulk space for displays and that kind of thing, but more meeting oriented, and that's what the study said, and it identified a number of sites in the downtown marketplace, none of which are available today because of all the new development, so -- and it's interesting because I've been thinking about this issue again just recently. You know, after the study was done and all the developments are -- you forget about things, but I've been thinking about it again recently, and I don't know what the right answer is, but think we need to kind of revisit that issue. The sites that the consultants looked at are gone. They're being developed, and we need to start thinking longer term about where we might do some assemblage, in an area where the land is affordable still today to do something like this, and maybe it is kind of in the Civic Center area, Allapattah kind of area that's a nice connection with all the new stuff that's going to go on with the medical school and also close by downtown, but you -- but it also says it needs to be close to all the hotels -- close to hotels -- Mr. Talbert: Yes, it does. Commissioner Gonzalez: Yeah. Mr. Talbert: That's a key -- Commissioner Winton: -- which is a big issue. City ofMiami Page 19 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Talbert: -- key factor. Commissioner Winton: But there's not going to be any -- there's no land that's going to be close to those hotels, so it's not -- this isn't an easy thing. Mr. Peebles: Commissioners, one of the things that we are in the final stages of is developing our own strategic plan for the bureau of how we're going to market the destination, how we're going to accomplish our mandate and our responsibilities to the destination, and what some of the recommendations are going to be for some of our partners, like the City ofMiami, to come to the table with, in terms of broadening the destination. Vice Chairman Sanchez: Mr. Chairman, Mr. Peebles, Bill, thank you for being here. Good morning. You know, we -- when we market South Florida -- and I'm not going to focus just on Miami. I mean, we show, you know, the beautiful weather we have, the palm frees, our diversity. I think that we leave out one important component that we -- that I feel that we don't focus on, and although it happens just about every week in our community, and that's on the cultural -- the tourism initiative, if we could say to focus on that. Let me just mention one community, a very famous historical community, an ethnic neighborhood, and that's Harlem, for an example. I mean, throughout the United States, we have great neighborhoods that have a lot of history that we could market as a cultural tourism. I mean, if you look at our city, with the different cultures that we have here and then, you know, where there's so many events that are going on, I think that's one -- yeah, Bill, I'll yield for you. Mr. Talbert: Well, a couple of years ago, we were one of the first bureaus in the country to hire a cultural tourism director, George Neary, who's among the best in the country, and he's been able to bring together cultural facilities, cultural venues. We also, under the leadership ofArva Moore Parks, last year, put together a book of our neighborhoods. It's called A Sense of Place. It has all of the richness of this community, including a neighborhoods of the City, and that's all out in the marketplace now. All out in the marketplace, so those are good things. We need to communicate that to you, is what we need to do. Vice Chairman Sanchez: Well, let me just -- focusing on that initiative, because when Igo out into the community that I represent and you work with businesses to fry to help them, you know, to bring in people to an area that -- although it's receiving revitalization and we're blessed to have a lot of revitalization in our community in certain neighborhoods, some of them feel that just because they don't have nearby a large hotel, they're being left out, and they look towards you to try to assist them. Let me just focus on one area. That's the Little Havana, with the Cultural Fridays that we've had. That is a great example, and the beauty of it is that it's been such a success that it's been able to go on in different parts of the community and, you know, to bring people into different communities; to know the cultural diversity of our community. You welcome them, and in the process of welcoming them and feeling -- providing a safe environment, you're also focusing on educating people, and I think that's the beauty of it, and it's happening. Cultural Friday has been going on for three years, and it's a great success, thanks to a lot of people, and if you really focus on what the numbers are, the City has never really put hard dollars into the area to promote that event and, I mean, it's happening. It's happening in Wynwood. It's happening in Liberty City. It's happening in Flagami, with Flagami Fiesta. It's certainly going to happen in Allapattah. I hear that they're also going to be doing that. I think, when we focus on that, we have an opportunity -- when people come and stay at hotels, if they are properly informed of these events, they will attend these events, and when people attend these events, you know, benefits that are brought to the area are to the restaurants that are opening up, small retail --I know that Hs. Taylor, Karen Taylor, has been working with you to try to make that area -- let me tell you. I am blessed to have her in my community. One, it's a great honor for me to have an Afro-American investing in Little Havana. She owns a store there. She is a key player in just about everything that goes on there. Not only do we have Cultural Friday now, we're also working on another event -- City ofMiami Page 20 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Talbert: She's on our executive committee -- Vice Chairman Sanchez: I know. Mr. Talbert: -- the Convention Bureau Executive Committee (UNINTELLIGIBLE). Vice Chairman Sanchez: We've even provided -- the City has provided for a little area to create an information booth, an information place -- gathering. People can come in with the buses and stuff. I think that, you know, they cry out for you to help them focus, and that's always been one that we've bounced back and forth, is to basically focus on cultural tourism initiatives that need to be in place because, you know, today I focus on Little Havana, but soon you're going to be -- have to focus on Martin Luther King Boulevard, with all the redevelopment that's coming to it, and in Flagami, and certainlyAllapattah, who plays a very important economic part in our community, so I just want you to take maybe the leadership on that to continue to work with these businesses, and to try to provide as much assistance as you can because they think that they're left out because they're not a key player. They don't benefit from hotels, you know. They're at the end of the priority list and, you know, listen, I admire the work that you do, and I look outside the box, you know. I know that you bring all the conventions that come to our city. You know, I have a philosophy. My philosophy is, look, I don't want the whole pie. I don't want a slice of the pie. I just want to be able to lick the pie, and that's the philosophy a lot of small businesses have in our community, that they want to get a little crumb that's left over. Maybe that's the little crumb that keeps them going another month or two months open that they don't close, so that's why I look to you for guidance, and I look to you to commit yourself to this City to help those areas that are coming up, and although they're surviving, you know, every little help that they get is very vital to their economy, and their constant struggle to keep their doors open. Thank you. Mr. Peebles: Commissioner, by the way, I'd just like to respond to that. I agree with you. I think that it all boils down to how we market the destination. Again, ifyou look at our ads over the past, you know, five, seven years, and you look at the image of Greater Miami around the world, it's heavily South Beach oriented, and that's changing. Our new ad campaign goes into Little Havana. It goes into our communities. Part of why we lag behind in the summer is we market ourselves to -- as an adult playground almost exclusively to the detriment of a family environment. We're an adult playground and a place to come and do conference business. Well, people who go to adult playgrounds, some of them end up marrying and have kids, and we ought to be able to bring those people who are already exposed to our destination, bring them here, but they do not think ofMiami as -- if you go around the globe and you ask people how they see Miami, they see Miami as South Beach, a place to come and party, stay out until 5 in the morning; not conducive for kids. We're going to roll out a program that says you can go and play in our night -- you can go and play on the ocean during the day, go into our communities and get better -- and, you know, have a better -- more flavor. You can go into Little Haiti, Little Havana. You can go downtown Miami. You can go to South Beach. You can go to North Beach . You can go to Key Biscayne. There's a different experience for you each day, and you can go to the beach and have all these family related activities and then, ifyou want to have an adult playground, you can leave the kids with a babysitter and go out at night, but it's all about how we market this destination and what we do is our image. We have been immensely successful in branding the destination Miami. In fact, the Dallas newspapers did a story on how Dallas is now frying to brand itself as a city, and they used us as a template of how to successfully brand a city, but we need -- in order to get people to come here frequently, more than once, to have a repeat visit, which is -- because of where we are geographically, we're well -suited for repeat domestic visits -- we've got to offer, you know, alternative experiences, and so part of what we are going to be dealing with in our strategic plan, which we will bring back to you in a few months, will be how do we grow our tourism business to where it has a direct impact in our neighborhoods is what -- City ofMiami Page 21 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: All right. Mr. Peebles: -- is part of our role. Chairman Teele: All right, all right. This is -- Commissioner Gonzalez, let me ask you again. You're our representative on the -- Commissioner Gonzalez: Yes, I -- Chairman Teele: -- board, and I want to establish just how much longer -- I know we've got several other things. Commissioner Sanchez, did you have more that you want -- Vice Chairman Sanchez: No, sir. I'm done. Chairman Teele: I'm not sure, Commissioner Sanchez, that you all aren't talking a little bit past each other in what I just heard, the exchange. I think Commissioner Sanchez raises one of the points that I know that the majority of this Commission is going to agree with, and the question is not so much how many people -- when you talk about the cultural tourism, one of the issues is how do we get the City ofMiami and South Florida residents to come out and enjoy and understand and, in turn, create an attraction where other people want to join them, to be a part of that mix? I mean, people get on cruise ships and the main thing they want to do is be with the natives, OK. Well, I don't think we're thinking that way, and that's what Commissioner Sanchez has -- is in the process of trying to get you to think about and orient, and it's going to require some seed money -- it's going to require dollars -- to be a partner in this so-called cultural tourism, but if you know that on Fridays at -- in Little Havana or in Model Cities, on 7th Avenue, that there's going to be 5,000 people participating in the culture of that community, that becomes something that you can package, and people will want to come to be a part of that. One of the things that -- I think one of the greatest missed opportunities that I think we're engaged in right now is gospel tourism. I have gone to churches and I have met with people, and one of the things people say, I want to be a part of an experience in the black community, " and let's just put it on the table. It's very hard -- you know, Bill, I don't think you all have five locations that you all tout in Miami that's in the black community as a black destination, so to speak. You know, we went through this for the last 15 years of trying to figure out these venues, et cetera. One of the things that Commissioner Sanchez is raising -- for the purpose not of just sort of discussing it today, but let's see how we can really be a partner and look at a program of strategic initiative for funding -- are some of these unique cultural experiences that people would come to Miami and they would want to be a part of it. Cultural Friday has taken off as a tremendous success. It's being replicated throughout the community; the 7th Avenue Soul on 7th is now beginning in its early stages, and we really need not just dollars, but we need expertise from the department, you know, so it's not so much how we go out and advertise about it. It's really how we sit down and work together on it, and I can tell you -- and I see Senator Jones is in the audience here -- but in the south, in the deep South Dade, I have gone to several churches and people have no coordination, no sense of rhythm or religion, are up there trying to, you know, get into the soul thing on a Sunday morning; busloads of people, primarily Germans, primarily European tourists. I don't know what it is about it, and I've gone to several of the people and said, are you all working with the convention bureau, and they say no, no, no. We -- you know, there is a guy in Germany -- Commissioner Regalado: It's about the movies. Chairman Teele: It's about movies? Commissioner Regalado: Yeah. It's about the movies. City ofMiami Page 22 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: But, I mean, some of the most uncoordinated, un-soulful people I've seen. Reverend Richardson, God bless him, and his church down there usually packs in a couple of tour buses of people, but the guy that owns Mango's, what's his name? Mr. Talbert: David Wallack. Chairman Teele: David Wallack has talked at length about trying to create a gospel type of tourism, so the point is, is that I really think you all ought to really look at this as a concept to be discussed, explored, to see if you want to make it something in your sfrategic plan, and put dollars behind it for a partnership, butt would certainly urge you to look at some of the initiatives that are going on, in the context of Cultural Friday, throughout the community. In Little Haiti we have other kinds of things. Coconut Grove is a great example of venues that we would like to really try to work with you. Further discussions. I know that Commissioner Sanchez has got some items. When will we get the strategic report? Mr. Peebles: When are we going to have it, in June? Mr. Talbert: Yes, sir, in June. Commissioner Regalado: Commissioner -- Mr. Chairman. Chairman Teele: Closing out, Commissioner Regalado. Commissioner Gonzalez, to close. Commissioner Regalado: I just want to say that I think, you know, you are professionals and you are doing whatever you can with the money that you can. I know that advertising, campaigning Canada cannot have the Cultural Friday element, but there is a second tier of marketing, and that's a direct personal relationship with the tour agencies that you can advise them of the dates of the Cultural Friday, the Goombay, the Flagami Fiesta, because people would really like to go see these kind of activities within the different communities; the Haitian Carnival -- Mr. Talbert: Commissioner, ifI might? Because I know. I watch cable a lot. I want to make it clear. We have a calendar of events just for the summer and for all year that includes all of those. Our internet -- our website has a calendar of events that includes all of those, all of those. Commissioner Regalado: No, but I'm saying -- Bill, I'm saying it's more than that. It's more than -- it's your direct relationship with the tour agencies. Mr. Talbert: Well, one of the things -- not to interrupt -- but we -- Commissioner Regalado: Guess what? You know, hey -- Mr. Talbert: -- we work with the -- Commissioner Regalado: -- guess what? Cultural Friday is this Friday. You know what I mean? Mr. Talbert: We actually work very closely with the Concierges Association. In fact, in many ways, the Concierges Association is the bureau, and that gets the messages out to the customers that are here throughout Miami as to what the richness of our community is. Mr. Peebles: Commissioner, I -- we get -- I get your point. I understand that what you're looking for and what the City's looking for is for us to put more effort into marketing and bringing business into our neighborhoods, and to help the City, in partnership with us, to come up with a sfrategic plan to do more to impact our community. That's what the Chairman has City ofMiami Page 23 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 indicated. That's what you've indicated. That's what Commissioner Sanchez has -- so we understand. We're doing -- Bill's telling you we've taken some steps to do that, but there's more to be done, and that's also -- fits in with the strategic plan that have for the bureau, which is to grow our summer season. That is when we are going to have the customers that are most conducive to going into our neighborhoods for that different experience, and so we will look at that, as we're examining our sfrategic plan, look to include that in the sfrategic plan and come back to you with, you know, some course of action and begin, in quick order, to start implementing a program. Want to come to a meeting of the minds and what's the appropriate approach to do it, and then to implement it and get it done, butt understand your point. You want to see more, and again, it goes --I agree with you. You know, we're the number one industry; our community oriented businesses are the number one job creators in our community, and we need to support them and help drive business there outside of the corps of hotels. You're right. We're not the Greater Miami and the Beaches Hotel Association. We're Greater Miami and the Beaches Convention and Visitors Bureau, and convention and visitors bureau is all encompassing in terms of the tourism industry and having an impact in our community, so we get it. Commissioner Gonzalez: All right. Thank you, sir. Thank you very much. Mr. Peebles: Thank you. Commissioner Gonzalez: Expect to get that report in writing to my colleagues and myself. Mr. Peebles: Yes, we will. Commissioner Gonzalez: Thank you. Mr. Peebles: Thank you. Chairman Teele: Thank you, Commissioner Gonzalez. Now we have Commissioner Sanchez, who is bringing up an item relating to the Marlins, I would presume. Following that item, we'd like to deal with the issues of the external auditor. I see we're paying them by the hour, and they're very patient. They'll sit here all day. They're getting paid either way, so we ought to fry to expedite that. City ofMiami Page 24 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR PUBLIC HEARING PH.1 04-00424 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE CITY MANAGER TO DECLARE AS SURPLUS CERTAIN CITY -OWNED PROPERTIES SURPLUS, LOCATED AT 3840 WASHINGTON AVENUE AND 3850 WASHINGTON AVENUE, MIAMI, FLORIDA ("PROPERTIES"); AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH ARDENT HOUSING FOUNDATION, A FLORIDA NOT -FOR -PROFIT CORPORATION (" PURCHASER"), FOR THE SALE OF SAID CITY -OWNED PROPERTIES; ESTABLISHING TEN DOLLARS ($10) AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE PURCHASER FOR THE PROPERTIES, AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT. 04-00424-cover memo.pdf 04-00424-public notice memo.pdf 04-00424-public notice.pdf 04-00424-draft letter.pdf 04-00424-exhibit 1-agreement.pdf 04-00424-exhibit 2-city deed.pdf 04-00424-exhibit 3-maps.pdf City ofMiami Page 25 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 DEFERRED A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to DEFER item PH 1. Chairman Teele: All right. Well, while we -- let's don't dilly around. Let's take up these public hearing items very quickly, and get them out of the way. Declaring City -owned property surplus Commissioner Regalado: Oh, there is -- Commissioner Winton: So moved. Commissioner Gonzalez: Second. Chairman Teele: Moved and second. This is a public hearing. Any person desiring to be heard should come forward, relating to Washington Avenue. All those in favor, say "aye." Commissioner Winton: Mr. Chairman. The Commission (Collectively): Aye. Chairman Teele: I haven't called the vote for "no's, " yet. You want to defer it, Commissioner Winton? Commissioner Regalado: What are we talking about here? Commissioner Winton: Well, apparently -- Chairman Teele: We're declaring -- Commissioner Winton: -- yeah. Chairman Teele: -- property at 3840 Washington Avenue surplus -- Commissioner Winton: Yeah. Chairman Teele: -- with a proposal to the sale to Ardent Housing. Commissioner Winton: I have no idea what the issue is, but I'm told that we want to defer it for some short period of time, butl don't know what it is. Chairman Teele: All right. The -- is there a motion? We didn't call the "no" vote, so the item is still alive. We have a request to defer by Commissioner -- Commissioner Winton: Winton. Chairman Teele: -- Winton. Is there a second? Commissioner Gonzalez: Second. Vice Chairman Sanchez: Second. Chairman Teele: Objection. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 26 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 PH.2 04-00428 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO DECLARE CERTAIN CITY -OWNED PROPERTIES LOCATED AT 3255 NORTHWEST 11TH COURT, 3245 NORTHWEST 11TH COURT, AND 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA ("PROPERTIES") SURPLUS, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; DESIGNATING ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC., A FLORIDA NOT -FOR - PROFIT CORPORATION ("PURCHASER"), TO UNDERTAKE THE DEVELOPMENT OF THREE (3) TWIN HOMES, AFFORDABLE TO VERY LOW, LOWAND/OR MODERATE -INCOME FAMILIES AND/OR INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, AND TO CONSUMMATE THE TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THE TERMS STATED HEREIN, WHICH TERMS MAY BE SOLELY AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY TO EFFECT SUCH TRANSACTION IN AN EXPEDITIOUS MANNER. 04-00428-cover memo .pdf 04-00428-public notice memo.pdf 04-00428-public notice.pdf 04-00428-maps.pdf 04-00428-exhibit 1- agreement.pdf 04-00428-exhit 2- addresses.pdf 04-00428-exhibit 3- city deed.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-04-0289 Chairman Teele: Do you want to postpone the Allapattah, Commissioner? Commissioner Winton: No. Chairman Teele: All right. Public hearing on Item Number 2, declaring surplus property in 11 th Court, in Allapattah, 31 st Street. Any person desiring to be heard should come forward. Commissioner Gonzalez: Move Item 2, Mr. Chairman. Commissioner Regalado: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 27 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 PH.3 04-00440 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A 15 FOOT WIDE PERPETUAL NON-EXCLUSIVE STRIP EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO BISCAYNE BOULEVARD, BETWEEN NORTHEAST 8TH STREET AND NORTHEAST 9TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF ALLOWING FDOT TO CONSTRUCT AND MAINTAIN A DRAINAGE SYSTEM, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID EASEMENT. 04-00440- cover memo.pdf 04-00440- public notic memo.pdf 04-00440- public notice .pdf 04-00440- exhibit 1-easment.pdf 04-00440- exhibit 2- map.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-04-0290 Chairman Teele: And a grant of an easement by the City, between the City and the DOT ( Department of Transportation) for 15 feet, along Biscayne and Northeast 8th Street -- and 9th Street. Public hearing. Any person desiring to be heard -- Is the Public Works Director here? Tell us what we're doing. Is the Public Works Director here? Is there anybody here? Does anybody care? All those -- There are no persons coming forth to object to the easement. I assume that this item has been fully vetted and, Mr. Manager, you're in agreement with it? Joe Arriola (City Manager): Yes, sir. Chairman Teele: All right. All those in favor -- Priscilla A. Thompson (City Clerk): I'm sorry. Chairman Teele: Is there a motion? Commissioner Gonzalez: So move. Chairman Teele: Is there a second? Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is unanimously adopted. Thank City ofMiami Page 28 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 you, Madam Director of Public Works. You did a great job. 3:00 P.M. PH.4 04-00426 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 26TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS IN THE ECONOMIC DEVELOPMENT AND CAPITAL PROJECTS CATEGORY FOR DISTRICT 5, IN THE TOTAL AMOUNT NOT TO EXCEED $172,875, FROM WORD OF LIFE COMMUNITY DEVELOPMENT CORPORATION AND TRANSFERRING SAID FUNDS IN THE AMOUNT NOT TO EXCEED $150,000, TO THE ALTERNATIVE PROGRAMS, INC. FOR ACQUISITION AND/OR DEVELOPMENT OF A NEAR -BY PROPERTY TO BE DEVELOPED AS A PUBLIC PARKING LOT, AND AN AMOUNT NOT TO EXCEED $22,875, TO THE DISTRICT 5 RESERVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE ALTERNATIVE PROGRAMS, INC., FOR SAID PURPOSE. 04-00426- cover memo.pdf 04-00426- public notice.pdf 04-00426- pre. legislation 1.pdf 04-00426- pre. legislation 2.pdf 04-00426- exhibit 1- agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-0313 Commissioner Gonzalez: Which one is it? Commissioner Regalado: PH.4, 3 p.m. Commissioner Gonzalez: OK Let's call PH.4. Alejandro Vilarello (City Attorney): This is a public hearing. Commissioner Regalado: PH.4. Commissioner Gonzalez: It's a transfer of CDBG (Community Development Block Grant) funds from Word of Life to the Alternative Program in District 5 reserve account. Ms. Rodriguez, good afternoon. Commissioner Winton: Well, I'm assuming Commissioner Teele's in favor of that. Commissioner Regalado: Huh? Yeah. We don't know, do we? Is he -- Barbara Rodriguez (Director, Community Development): This is a request from him. City ofMiami Page 29 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Regalado: Oh, OK. Commissioner Winton: OK. Commissioner Regalado: So, this is District 5 only. Commissioner Winton: Public hearing. It's a public hearing? Ms. Rodriguez: It's a public hearing. Commissioner Gonzalez: This is a public hearing. Anybody opposed to this item that would like to address the Commission? OK We have nobody in opposition. Commissioner Winton: So moved. Commissioner Regalado: Second. Commissioner Gonzalez: OK We have a motion and we have a second. Ms. Rodriguez. Ms. Rodriguez: PH.5, this is basically requesting authorization to -- Mr. Vilarello: You need to vote on PH.4. Ms. Rodriguez: Oh, they didn't vote? Commissioner Regalado: Huh? Commissioner Winton: We have PH 4. We're still -- we didn't vote. Huh? Ms. Rodriguez: PH4 -- Mr. Vilarello: Madam Clerk, did you record a vote on PH 4? Priscilla A. Thompson (City Clerk): No. There was only a -- Commissioner Gonzalez: We have a motion and we have a second. Ms. Thompson: Right. Commissioner Gonzalez: OK All in favor, say "aye." The Commission (Collectively): Aye. PH.5 04-00458 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE TRANSFER OF CLOSED OUT 28TH YEAR HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") FUNDS, FROM THE CATEGORY OF SHORT TERM RENTAL, MORTGAGE AND UTILITY ASSISTANCE, IN THE AMOUNT NOT TO EXCEED $250,000, TO THE 29TH YEAR HOPWA FUNDS, IN THE CATEGORY OF LONG TERM RENTAL ASSISTANCE TO THE COMMUNITY CASE MANAGEMENT, INC., IN THE AMOUNT NOT TO EXCEED $15,938, FOR A TOTAL AUTHORIZATION OF City ofMiami Page 30 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 $111,563, AND FUNDS TO EMPOWER U, INC., IN THE AMOUNT NOT TO EXCEED $37,188, FOR A TOTAL AUTHORIZATION NOT TO EXCEED $ 164,688; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $ 21,250 TO EACH OF THE FOLLOWING AGENCIES: MIAMI BEACH COMMUNITY DEVELOPMENT CORP., NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., AND CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA, INC., WITH THE REMAINING BALANCE OF FUNDS, IN AN AMOUNT NOT TO EXCEED $133,124, TO THE 29TH YEAR HOPWA FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO EXISTING AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH COMMUNITY CASE MANAGEMENT, INC. AND EMPOWER U, INC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE NEW AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FOLLOWING AGENCIES: MIAMI BEACH COMMUNITY DEVELOPMENT CORP., NEW HORIZONS COMMUNITY MENTAL HEALTH CENTER, INC., AND CENTER FOR INDEPENDENT LIVING OF SOUTH FLORIDA, INC. 04-00458- cover memo.pdf 04-00458- public notice.pdf 04-00458- legislation.pdf 04-00458- exhibit 1-amendment.pdf 04-00458- exhibit 2-agreement .pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-031 4 Barbara Rodriguez (Director, Community Development): OK. PH 5. This is requesting the transfer of the close out 28th year of the Housing Opportunity for Persons With AIDS (Acquired Immune Deficiency Syndrome) funds to be transferred to four different agencies: One is Community Case Management for fifteen thousand, nine hundred and thirty-eight dollars; Empower You, thirty-seven thousand, one hundred and eighty-eight dollars; Miami Beach Community Development Corporation, twenty-one thousand, two fifty; the New Horizon Community Mental Health Center, twenty-one thousand, two fifty; Center For Independent Living of South Florida, twenty-one thousand, two hundred and fifty, and a hundred and thirty- three thousand, one twenty-four to be allocated to the 29th year HOPWA (Housing Opportunities for Persons Living with AIDS) funds reserve, and it is a public hearing, and it is for long-term housing assistance. Commissioner Gonzalez: OK This is a public hearing. Anybody wants to speak against this item? Is there anybody against this item? OK, we don't have any opposition. Commissioner Winton: So moved. Commissioner Gonzalez: We have a motion. Commissioner Regalado: Second. Commissioner Winton: And we have a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 31 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Gonzalez: Motion carries. Ms. Rodriguez: That's it. Commissioner Gonzalez: Thank you. City ofMiami Page 32 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 ORDINANCE - SECOND READING SR.1 04-00381 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12451, ADOPTED NOVEMBER 25, 2003, THE CAPITAL PROJECTS APPROPRIATIONS ORDINANCE, ACCEPTING A GRANT, IN THE AMOUNT OF $22,930, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND APPROPRIATING SAID FUNDS IN CAPITAL IMPROVEMENTS PROJECT NO. 311703, ENTITLED: "PROPERTY MAINTENANCE BUILDING IMPROVEMENTS;" AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 04-00381- cover memo.pdf 04-00381- budgetary impact analysis 04-00381- memo from fire.pdf 04-00381- state letters.pdf 04-00381- subgrant agreement.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez 12531 Chairman Teele: SR.1, second reading accepting a grantfrom FEIvIA (Federal Emergency Management Agency) for the GSA (General ServicesAdministration). Commissioner Winton: So moved. Chairman Teele: It's been moved and seconded. Commissioner Regalado: Second. Chairman Teele: This is a public hearing. Any person desiring to be heard on the FEMA grant should come forth. There are no persons coming forth. The second was by Commissioner Regalado. All those in favor of the acceptance -- Priscilla A. Thompson (City Clerk): It's an ordinance. Chairman Teele: It's an ordinance? I'm sorry. The Ordinance was read by title into the public record by the Assistant City Attorney. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 33 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Thompson: The ordinance has been adopted on second reading, 3/0. City ofMiami Page 34 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 RESOLUTIONS RE.1 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 Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0308 Chairman Teele: RE.1 is a settlement payment to Amerigas. Is there objection? Is there a motion? Commissioner Winton: So move. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. RE.2 04-00465 RESOLUTION A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL MODIFICATION OF RESTRICTIONS AND REVERTER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI (" CITY") AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("TIITF"), TO ALLOW THE CITY TO LEASE APPROXIMATELY 10.79 ACRES OF UPLAND AND APPROXIMATELY 13.35 ACRES OF SUBMERGED LAND TO FLAGSTONE ISLAND GARDENS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, F/K/A AND SUCCESSOR BY MERGER TO FLAGSTONE PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FOR THE DEVELOPMENT AND OPERATION OF A MEGA -YACHT MARINA AND MIXED USE WATERFRONT PROJECT; FURTHER PROVIDING THE CITY TO COMMENCE PAYING TIITF A FEE OF 15% OF THE TOTAL RENT RECEIVED BY THE CITY UNDER THE LEASE City ofMiami Page 35 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 ON THE DATE OR COMPLETION, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE WAIVER OF RESTRICTIONS AND REVERTER. 04-00465- cover memo.pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Winton, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Sanchez R-04-0309 Chairman Teele: RE.2 is Mega -Yacht Marina, mixed used merger to the Flagstone, and that would be -- Commissioner Winton: So move. Chairman Teele: A motion regarding Flagstone. Commissioner Regalado: OK, second. Chairman Teele: Is there objection? Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? City ofMiami Page 36 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 BOARDS AND COMMITTEES BC.1 04-00086 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 04-00086-memo-1.doc 04-00086-members-2.doc Commissioner Angel Gonzalez DEFERRED Chairman Teele: Commissioner Sanchez -- Vice Chairman Sanchez. Vice Chairman Sanchez: Yes, sir. Chairman Teele: Do you have any other appointments? Vice Chairman Sanchez: Not at this time, sir. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: OK, Mr. Chairman. Community Technology, I'm going to defer. BC.2 04-00302 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Armando Silva Trujillo Commissioner Angel Gonzalez Carolyn Cope Commissioner Johnny Winton Yves Fortune Commissioner Tomas Regalado (Appointment deferred) Vice Chairman Joe Sanchez Maud Newbold Chairman Arthur Teele 04-00302-memo-1.doc 04-00302-members-2.doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 37 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-031 5 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Carolyn Cope as a member of the Miami Sfreet Codesignation Review Committee. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Armando Trujillo as a member of the Miami Sfreet Codesignation Committee. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Maud Newbold as a member of the Miami Street Codesignation Committee. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Yves Fortune as a member of the Miami Sfreet Codesignation Committee. Chairman Teele: Any other board appointments? Commissioner Winton: Yeah. I got a number here. I'll just run through them real quick. Carolyn Cope, Street Codesignation Committee, reappoint. So moved. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: Is there a -- All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: On Sfreet Codesignation Review Committee, I would like to defer. Commissioner Gonzalez: Miami Sfreet Codesignation, I'm going to reappoint Armando Trujillo. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? All right, and ifI could, Mr. Vice -- Vice Chairman Sanchez: Mr. Chairman, you're recognized. Chairman Teele: Thank you. On the Miami Street Designation, I would reappoint Maud Newbold. Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: All right. All -- you're going to do all of them or just one -- OK All in City ofMiami Page 38 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Commissioner Gonzalez: Next, SR.1. Priscilla A. Thompson (City Clerk): No. There -- SR.1 was taken care of already, as well as your resolutions. If Commissioner Regalado wants to make board appointments, he has some outstanding board appointments. Commissioner Winton: Oh, yeah. (INAUDIBLE). Ms. Thompson: Then you can go to your discussion items, but the front part has been taken care of. Commissioner Winton: You want to do your -- we all did our appointments before lunch. Commissioner Regalado: Oh, OK. All right. I -- Mr. Chairman, I would like to do BC.2, which is Miami Street Codesignation Review Committee, Yves Fortune. Commissioner Winton: Second. Commissioner Regalado: It's a reappointment. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. BC.3 04-00303 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio J. Abella Commissioner Angel Gonzalez Evelyn D'An Commissioner Johnny Winton Richard Berkowitz Commissioner Tomas Regalado Monica Fernandez Vice Chairman Joe Sanchez City ofMiami Page 39 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Kalunda Malcolm Chairman Arthur Teele 04-00303-memo-1.doc 04-00303-MEMBERS-2.doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-031 6 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Evelyn D'An as a member of the Miami Audit Advisory Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Monica Fernandez as a member of the Miami Audit Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ignacio Abela as a member of the Miami Audit Advisory Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Kalunda Malcolm as a member of the Miami Audit Advisory Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Richard Berkowitz as a member of the Miami Audit Advisory Board. Commissioner Winton: And Audit Advisory Committee, Evelyn D'An. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: On the Audit Advisory Committee, I would like to reappoint Monica Fernandez. So move. Chairman Teele: Is there a second? Commissioner Gonzalez: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Gonzalez: Miami Audit Advisory Committee, I will reappoint Ignacio Abela. Commissioner Winton: Second. City ofMiami Page 40 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: On the Miami Audit Committee, I will appoint Mr. Malcolm, CPA (Certified Public Accountant), with Exxon Mobil, resident of Miami. Commissioner Gonzalez: Second. Commissioner Winton: Second. Vice Chairman Sanchez: There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, say "nay." Motion carries unanimously. Commissioner Regalado: The Audit Advisory Committee, Richard Berkowitz. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. BC.4 04-00304 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Tony Muniz Stuart Sorg Robert Krulik Neal McAliley Jack King Antonio Llano Montes Wendy Kamilar M. Lee Smith Phillip B. Everingham NOMINATED BY: 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 City ofMiami Page 41 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ernest Martin Chairman Arthur Teele 04-00304-memo-1.doc 04-00304-members-2.doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-0321 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Robert Krulik as a member of the Waterfront Advisory Board. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Neil Mc Aliley, as a member of the Waterfront Advisory Board; further waiving the attendance requirements in Section 2-886 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 past absences on record for Neil Mc Aliley as a member of the Waterfront Advisory Board. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Wendy Kalimar and Lee Smith as members of the Waterfront Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Tony Muniz and Stuart Sorg as members of the Waterfront Advisory Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ernest Martin and Philip Everringham as members of the Waterfront Advisory Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Jack King and Antonio Llano Montes and as members of the Waterfront Advisory Board. Commissioner Winton: Waterfront Advisory Board, new appointment, Robert Krulik. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All in favor -- How many do you have? Commissioner Winton: I don't know. I think -- Chairman Teele: You have two. You're just making one? Commissioner Winton: And Neil McAliley to reappoint, butt need a waiver for exceeded absences. Chairman Teele: All right. Let's take them separately. City ofMiami Page 42 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: OK. Chairman Teele: We have a motion and a second on the first name. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: And then on the second name? Commissioner Winton: Neil McAliley. Chairman Teele: Mc -- OK. Commissioner Gonzalez: Second. Chairman Teele: With a waiver. Commissioner Winton: With a waiver. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Vice Chairman Sanchez: On Waterfront Advisory Board, I would like to reappoint my two appointees, Wendy Kalimar and Lee Smith. So move. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: On the Waterfront Advisory Board, I would reappoint Tony Muniz and Stuart Sorg. Commissioner Winton: Second. Chairman Teele: All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: On the Waterfront Advisory Board, I would reappointHr. Martin and appoint Hr. Everringham, EVERRINGHAM. Commissioner Winton: Everringham, Phillip. Chairman Teele: Everrringham, Phillip B. Everringham. Commissioner Winton: Second. Vice Chairman Sanchez: There's a motion on the floor by the chair. It's first and second. Open for discussion. Hearing none, all in favor, say "aye." City ofMiami Page 43 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 BC.5 04-00305 The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Commissioner Regalado: The Waterfront Advisory Board, Jack King and Antonio Llano Montes, reappointment. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. Everyone in favor, say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE ORANGE BOWL ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Jorge Luis Lopez Lazaro Lopez Ron Stone NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Johnny Winton (Deferred appointment) Vice Chairman Joe Sanchez (Deferred appointment) Chairman Arthur Teele (Deferred appointment) Chairman Arthur Teele 04-00305-memo-1.doc 04-00305-members-2.doc Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Teele Absent: 1 - Commissioner Regalado R-04-0317 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Ron Stone as a member of the Orange Bowl Advisory Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Jorge Luis Lopez and Lazaro Lopez as members of the Orange Bowl Advisory Board. City ofMiami Page 44 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: Any other item that must come up before we break? We would like to try to break for this luncheon event. Mr. -- Commissioner Winton: Oh, yeah. Chairman Teele: Are there any board appointments that anybody wants to make? We'll come back to them again, but are there any board appointments we'd like to get out of the way? Commissioner Winton: Yeah, I got some. Orange Bowl Advisory Committee, Ron Stone. So moved. Commissioner Gonzalez: Second. Chairman Teele: What -- who did you appoint? Commissioner Winton: Ron Stone, Orange Bowl Advisory Committee. Chairman Teele: Is there a -- second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All right. Let's go down. Commissioner Sanchez, do you have -- just to go down all of your appointments that you'd like to make. Vice Chairman Sanchez: OK. Madam Clerk, on the Orange Bowl Advisory Board, I would defer. Commissioner Gonzalez: On the Orange Bowl Advisory Board, I will reappoint Jorge Luis Lopez and I will appoint Lazaro Lopez, attorney. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. BC.6 04-00306 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lazaro Lopez Shane Graber Commissioner Angel Gonzalez Commissioner Johnny Winton Monique Taylor Commissioner Tomas Regalado (Appointment deferred) Vice Chairman Joe Sanchez James Moss Chairman Arthur Teele City ofMiami Page 45 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 04-00306-memo-1.doc 04-00306-MEMBERS-2.doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-0320 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint Shane Graber as a member of the Nuisance Abatement Board. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Lazaro Lopez as a member of the Nuisance Abatement Board. A motion was made by Chairman Teele, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint James Moss as a member of the Nuisance Abatement Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Monique Taylor as a member of the Nuisance Abatement Board. Commissioner Winton: Nuisance -- Chairman Teele: Hold on. Let him go ahead. Commissioner Winton: Yeah, I'm just going -- Nuisance Abatement Board, Shane Graber, reappoint. Chairman Teele: Is there a second on the Nuisance Abatement Board? Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: On Nuisance Abatement Board, I would like to reappoint Robert Valledor, and it requires a unanimous waiver of term limit. Chairman Teele: Unanimous waiver. Vice Chairman Sanchez: I'm sorry -- Chairman Teele: Can four people do that? Commissioner Gonzalez: No. Vice Chairman Sanchez: No. Priscilla A. Thompson (City Clerk): No, you have to have five affirmative votes. City ofMiami Page 46 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Vice Chairman Sanchez: All right, so I'll defer that one. Commissioner Gonzalez: Nuisance and Abatement, I will maintain Lazaro Lopez. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: On the Nuisance Abatement Board, I would appoint Mr. James Moss. Commissioner Gonzalez: Second. Commissioner Winton: Second. Vice Chairman Sanchez: There's a motion by the chair. It's first and second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Commissioner Regalado: The Nuisance Abatement Board, Monique Taylor. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. Everybody in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. BC.7 04-00307 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Luis Cabrera Commissioner Tomas Regalado Jason Manowitz Commissioner Tomas Regalado Albena Sumner Chairman Arthur Teele Ronda Vangates Chairman Arthur Teele Kay Apfel Commissioner Johnny Winton City ofMiami Page 47 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 04-00307-memo-1.doc 04-00307-MEMBERS-2.doc 04-00307 - resignation - 3.pdf Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-031 9 A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to appoint KayApfel to replace Suzanne Peters, as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ronda Vangates, as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 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 past absences on record for Ronda Vangates as a member of the Homeland Defense/ Neighborhood Improvement Bond Progam Oversight Board. A motion was made by Chairman Teele, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appointAlbena Sumner as a member of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Luis Cabrera and Jason Manowitz, as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chairman Teele: On the Bond Oversight, I would reappoint Ronda Vangates, who has exceeded her absences, with a waiver. Vice Chairman Sanchez: There is a motion -- Commissioner Winton: Second. Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion on the floor by the chair, with a waiver. There's a motion and a second. Open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries unanimously. Chairman Teele: And on the Bond Oversight, as a second appointment, I would appointAlbena Sumner. Commissioner Winton: Second. City ofMiami Page 48 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Gonzalez: Second. Vice Chairman Sanchez: There's a motion and a second. Discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same right, say "nay." Chairman Teele: On the other appointments, I would defer them until this afternoon. Vice Chairman Sanchez: OK. All further appointments will be deferred to this afternoon. Chairman Teele: Are there any other matters to come before the Commission? Vice Chairman Sanchez: (INAUDIBLE) recess. Keith Carswell (Director, Economic Development): Flagstone. Chairman Teele: Huh? What? Mr. Carswell: Was that -- Chairman Teele: What item? Mr. Carswell: That's OK Chairman Teele: All right. We'll reconvene at 2: 30ish. Commissioner Regalado: The Homeland Defense Bond Oversight Board, Luis Cabrera and Jason Manowitz. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion passes. BC.8 04-00309 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Ralph Duharte Commissioner Angel Gonzalez Steve Alexander Commissioner Johnny Winton (No appointment made) Vice Chairman Joe Sanchez City ofMiami Page 49 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Frank Herrera Commissioner Tomas Regalado (No appointment made) Chairman Arthur Teele Ruth Greenfield Commission At -Large Lawrence "Monk" Terry Commission At -Large Elena Carpenter Commission At -Large 04-00309-memo-1.doc 04-00309-members-2.doc Motion by Commissioner Regalado, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Regalado Absent: 2 - Commissioner Sanchez and Teele R-04-031 8 A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ruth Greenfield and Elena Carpenter as at -large members of the Bayfront Park Management Trust. A motion was made by Vice Chairman Sanchez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Lawrence "Monk" Terry, as a member of the Bayfront Park Management Trust; further waiving the attendance requirements in Section 2-886 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 past absences on record for Lawrence "Monk" Terry as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Winton, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Regalado absent, to appoint Steve Alexander as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Regalado absent, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Chairman Teele and Vice Chairman Sanchez absent, to appoint Frank Herrera as a member of the Bayfront Park Management Trust. Commissioner Winton: Bayfront Park Management Trust, reappoint Ruth Greenfield -- Commissioner Gonzalez: Second. Commissioner Winton: -- Monk Terry and Elena Carpenter. Commissioner Gonzalez: Second. Chairman Teele: You have one name, Commissioner Winton. City ofMiami Page 50 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Huh? Oh, I'm sorry, so I have -- Chairman Teele: I think. On Bayfront Trust -- Vice Chairman Sanchez: Bayfront Park, you have one. Chairman Teele: -- you have one name, so -- Commissioner Winton: I'm just reading my -- something somebody put in front of me. Chairman Teele: Good try, staff. Good try, staff. Commissioner Winton: I'm not going to do anybody. Vice Chairman Sanchez: On Bayfront Park, I would defer, and -- Civilian Investigative Panel? They did that already. OK That's it, Madam Clerk. Thank you. Chairman Teele: Joe, let me -- so we don't play a game here. You need to proffer one or two of the at -large. I don't think you ought to proffer all three, but -- Vice Chairman Sanchez: On where? Chairman Teele: Of the Bayfront Trust. Vice Chairman Sanchez: Well -- Chairman Teele: If there are three at -large -- and I think the Commission should give you at least one or two of those. Commissioner Winton: I think he can proffer all of them. Vice Chairman Sanchez: They have all been very good to the board. They've attended all the meetings and -- I mean, it's the will of the board, what you want to do. I mean, I'm ready to nominate all three of them. They're -- Chairman Teele: Who are the three names? Vice Chairman Sanchez: Dr. Ruth Greenfield, Lawrence `Monk" Terry, and Elena Carpenter. They're all excellent members of the Trust, but -- Commissioner Winton: Second. Priscilla A. Thompson (City Clerk): We will need a waiver -- a waiver for absences for Lawrence `Monk" Terry. Vice Chairman Sanchez: Well, I'm prepared to make that motion. He's there more than he's absent. Chairman Teele: All right. Let's do the first two. Vice Chairman Sanchez: All right. So move Ruth Greenfield and Elena Carpenter. Commissioner Winton: Second. Commissioner Gonzalez: Second. City ofMiami Page 51 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Motion now for the one with the waiver. Vice Chairman Sanchez: So move Lawrence `Monk" Terry with the waiver. Commissioner Winton: Second. Chairman Teele: Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Winton: And I noticed thatl do -- I was reading this wrong. I do have an appointment, Steve Alexander, reappoint. Chairman Teele: Is there a second? Vice Chairman Sanchez: Second. Commissioner Gonzalez: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: Mr. Vice Chairman -- Commissioner Gonzalez: Homeland Defense, I don't have anything. Chairman Teele: -- are you going to leave? Would you allow me to -- would you preside and allow me to make a few appointments? Vice Chairman Sanchez: Yes, sir. You're recognized. Commissioner Gonzalez: On the Bayfront Park, I would reappoint Ralph Duarte. Commissioner Winton: Second. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: That's it. Commissioner Regalado: And, finally, the Bayfront Park Management Trust, Frank Herrera. Commissioner Winton: Second. Commissioner Gonzalez: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. City ofMiami Page 52 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 BC.9 04-00449 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CIVILIAN INVESTIGATIVE PANEL CIP) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Tangier Scott Civilian Investigative Panel 04-00449-memo-1.doc 04-00449-members-2.doc 04-00449 - Scott application - 3.pdf 04-00449 -Roulhac resignation - 4.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-04-0307 Direction to the City Clerk and City Attorney by Chairman Teele to clarify the process of arranging meetings with the Commission for the purposes of introducing nominations to boards and Executive Directors; further directing that newly appointed Civilian Investigative Panel ( CIP) board member Ms. Tangier Scott make arrangements to meet with each Commissioner individually. A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to state that it is the desire of the Commission that most Civilian Investigative Panel (CIP) board meetings be held in the Chambers at City Hall and be televised; further requesting that the Commission receive notice if a meeting will not be televised or held at City Hall prior to the meeting being held. Chairman Teele: We have -- I didn't realize the -- and I apologize to Dr. Scott. We have BC, board item number 9 -- board appointment number 9, which is a confirmation of the nomination of Dr. Tangela Scott. Madam Director, you want to come down and -- or you want us -- of the Civilian Independent Panel. Commissioner Winton: Oh, OK Shirley Richardson: Mr. Chairman, Shirley Richardson, Executive Director, Civilian Investigative Panel. The panel has nominated Dr. Tangier Scott to the City ofMiami Commission today for ratification as appointment to the CIP (Civilian Investigative Panel) to replace Peter Roulac, who resigned from the panel a couple of months ago. Commissioner Regalado: Who did resign? Ms. Richardson: Peter Roulac. Commissioner Regalado: Oh, OK. Chairman Teele: All right. Board members, one of our procedures is that Dr. Scott was to make an appointment to see each of the Commissioners. Did she do that? Ms. Richardson: No, sir, she did not. City ofMiami Page 53 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Did we get a resume? Chairman Teele: Madam Clerk. Commissioner Winton: Do we have a resume? Priscilla A. Thompson (City Clerk): The resume was -- Ms. Richardson: The package has been submitted to each of the Commissioners. Chairman Teele: OK. Just for future reference, we have a procedure that Madam Clerk -- Madam Clerk -- and given the fact that you are a City employee, we've got to put this on your doorstep -- Ms. Richardson: It is on my doorstep. Chairman Teele: -- because it's not fair to put Dr. Scott in this position. Dr. Scott, you want to introduce yourself? Your resume is a part of the record, and -- Tangier Scott: Good morning. I'm Tangier Scott. Chairman Teele: I'm being told by the lawyer that our procedure only relates to Executive Director. That's not my understanding of the procedure, but the attorney is going to guide me, but do know that, in the case of Off -Street Parking and all these other boards, we've asked that confirmation be done so, Madam Clerk, you and the attorney ought to get together on this but, Dr. Scott, why don't you just give a little bit -- your biographical information, of course, is here and we would note your expertise as a youth expert, with a degree in criminal justice, and a doctorate of education in Child and Youth and Family Services from Nova, but why don't you say what you'd like to say for the board. Maybe the Commission will take it up. If any one member doesn't choose to, we're going to have a little bit of a problem, so talk fast -- Ms. Scott: OK. Chairman Teele: -- and smile. Ms. Scott: Good morning. Currently, I work for Miami -Dade County Community Action Agency . I am very entrenched in the community. My office is located at 6100 Northwest 7th Avenue, and I oversee the day-to-day operations of a staff engaged in helping families to become economic self-sufficient. We do that through a variety of ways. We have youth component programs, employment and training, self-sufficiency services and, as well, I am an adjunct professor. I teach Criminal Justice courses, as well as Leadership courses and, in a nutshell, that's pretty much whatl do. Chairman Teele: All right, and -- is a motion -- Commissioner Winton: Move it. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? Dr. Scott, will you fry to stop by and let the Commissioners get to know you -- City ofMiami Page 54 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Scott: Sure. Chairman Teele: -- when it's convenient for you and the Commission, please? Ms. Scott: Certainly. Chairman Teele: We're delighted that we're moving forward. Ms. Scott: And thank you. Chairman Teele: All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed? Commissioner Regalado: I have a question about the CIP. How often is it -- meeting the CIP? Ms. Richardson: The CIP meets every third Tuesday, once a month, from 5 o'clock to 7 o'clock, at the CIP office. Commissioner Regalado: And it's being televised here? Ms. Richardson: No, sir, it is not. Only our public hearings were televised that we held here in the chambers. Commissioner Regalado: And why it's not -- that committee that was created by the people -- Ms. Richardson: There wasn't -- Commissioner Regalado: -- not by us. Ms. Richardson: There wasn't a requirement that the individual monthly meeting be televised. However, we thought it was in our best interest, and that of the community at large, to televise the public hearings. Commissioner Regalado: So we don't know what the CIP talks about? Ms. Richardson: No, that's not correct. We do send, after each meeting, those minutes to the Mayor and the Commissioners' office, and to the Clerk's office, as is a requirement. Chairman Teele: Commissioner, do you want to make a motion? Commissioner Regalado: I will make a motion that all CIP meetings will be held here at the chambers, and be televised. You have to just get together with the administration so the dates will not conflict with the Code Enforcement, Planning & Zoning, and all that but, you know, a lot of people -- but a lot of people have told me that they don't know what the CIP is doing; that they're not doing anything. I hope to be right. I do read the minutes, but the CIP was brought into the FTAA (Free Trade Area of the Americas) controversy immediately after being impanel, and people would expect at least to know what has been discussed. The people that created the CIP should know, and it is wrong not to do everything in public; to tell the people, at least those who wish to tune in, because the people need to understand what is this committee all about. Chairman Teele: All right. City ofMiami Page 55 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Richardson: Please -- Chairman Teele: Hold on. Ms. Richardson: OK. Chairman Teele: Let's -- for discussion. Is there a second to the motion? Commissioner Winton: Second. Chairman Teele: All right. Let me tell you my concerns about the motion. Number one, I think we need to be careful in mandating that they all be broadcast because there may be a reason not to broadcast. Commissioner Winton: Yeah. Good point. Chairman Teele: One or two. I don't know, butt would strongly urge the maker of the motion to modify the motion to say it is the desire of the Commission that the meetings be broadcast, and give them a little bit offlexibility, so they have a little wiggle room on some, but I think -- I'm in total support of what you've said, because I don't think the board can overrule the decision that was made that they would be broadcast. Now, whether they should be in the City Hall or not, to me, is a separate issue. Commissioner Regalado: I'm just trying to not complicate the technical issue, because if they do meet somewhere, they have to send the cameras, and then edit, and then play it, which is fine. They do that with the CRA (Community Redevelopment Agency), but we don't want also to burden the Communications Department. It's easier to do it here. Chairman Teele: And that's why I don't think the broadcasting should determine the place of the CR -- of the CIP meetings. I think the mission of the CIP should determine their meetings, and therefore, something may not be broadcast, but let me just see if we could hear for a moment from staff. Do you all have a reason why you don't broadcast, and a reason why you don't want to meet at City Hall from time to time? Ms. Richardson: No. There was no reason not for us to meet at City Hall. However, we were informed by the Communications office that in order for us to be televised, the meetings would have to be held here at City Hall, and we were operating under that premise. Chairman Teele: Where do you all meet now? Ms. Richardson: Presently, at the administrative offices of the CIP, which are located at 155 South Miami Avenue, Penthouse 1B. Commissioner Regalado: Well, you know, the City Commission, whenever meets, it's in the open, it's broadcast, it's televised, unless we have an executive session. I think that it's important that the people -- 78 percent of the people in Miami did vote for the CIP -- see what is going on. If they have a reason not to be public, they can just call an executive meeting. Commissioner Winton: They can what? What'd you say? Commissioner Regalado: Call an executive meeting. Chairman Teele: No. It's a little more complicated than that. They don't -- the litigation -- I mean, there has to be a lit -- the Florida Statute is very narrow, but to suggest that they are City ofMiami Page 56 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 meeting -- where they are meeting is not a public meeting, I don't think is what we want to say either, because those meetings are noticed. They're open to the public. They're not broadcast, so what we're dealing with is a technical issue, butl do think we don't want to get into a situation like the Public Health Trust got into, where there were these allegations -- although, not true but, still, an allegation's an allegation -- that the -- Commissioner Regalado: And that's the same allegations that we're facing. Chairman Teele: So would you just consider modifying your motion a little bit to say -- Commissioner Regalado: Sure. Chairman Teele: -- that they -- that the City Commission prefers that they meet at City Hall, and that we should receive notice if they're not going to meet at City Hall, something like that, but give them a little bit of flexibility, because they may want to have meetings in a community. Commissioner Regalado: And they should. Chairman Teele: And they should, but they can't do that at City Hall. Commissioner Regalado: Well -- but that is up to the Manager. If the Manager -- Chairman Teele: No, no, no. Commissioner Regalado: -- chooses -- Chairman Teele: This is an independent -- Commissioner Regalado: No, no, no, no, no, no. No, no. I'm talking about the technical issue of moving a camera and a sound person to whatever they need. Chairman Teele: Well -- Commissioner Regalado: That's the technical issue. Chairman Teele: -- I'll tell you this. Some of the comments that we're getting about what we're covering and the way we're covering it is becoming of a little bit of concern. I think official meetings, surely, should take priority over -- Commissioner Winton: Anything else. Chairman Teele: -- anything else and that, maybe, is a different issue to talk about, in terms of communication, but think the clear priority of meeting -- of coverage on our Net-9 should be official meetings, and not -- Commissioner Winton: Absolutely. Chairman Teele: -- not anything -- I mean, that should be the number one priority. Commissioner Regalado: Look, I am not going to say anything about the (UNINTELLIGIBLE), nothing, because I offered myself many times -- Chairman Teele: Please don't. Commissioner Regalado: -- and like that book, nobody listens. Anyway -- so, I just think -- look, City ofMiami Page 57 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 I just think -- you know what think? I think that the people perceive that the CIP has done nothing on the FTAA; that the police is going to get away with whatever they did, if they did something wrong. I think that the people perceive that the CIP is not doing anything, in terms of complaints they receive by residents. That is the perception, at least, the people I talk, and I talk to many people because I have an on -air program. Some people have some issues about this. Not too many, though because, you know, eventually, the people are going to forget that there is a CIP. Chairman Teele: Butl think your motion will change that, and I think, if you would just accept the motion that -- Commissioner Regalado: Oh, absolutely. Sure. Chairman Teele: -- it is the preference of the City Commission that the meetings be held, whenever practicable, in City Commission chambers, to further -- Commissioner Winton: And to televise as many as we can. Chairman Teele: But the previous -- that's a separate motion, which is that the proceedings be televised, whenever practical. Commissioner Winton: And I would accept that modification. Chairman Teele: You accept both of those? OK, so we have a motion and a second, and I think, Dr. Scott, you're in a very good position to communicate directly to the board the Commission's concern. This is not punitive, but what we're trying to do is maintain the confidence that -- what was it, about 80 percent of the public? Commissioner Regalado: 78 percent. Chairman Teele: -- 78 percent of the public showed in passing the creation of the CIP overwhelmingly. All those in favor of the motion, as amended, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 58 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 DISCUSSION ITEMS DI.1 04-00429 DISCUSSION ITEM A DISCUSSION CONCERNING A FINANCIAL UPDATE AND A BUDGET OUTLOOK. 04-00429- cover memo.pdf DEFERRED Chairman Teele: OK, good. I'm sorry. Thank you. Could we recess the Commission meeting, please, and go to the CRA (Community Redevelopment Agency) meeting? Before we do, Mr. Attorney, have you prepared a memo on that settlement issue? Alejandro Vilarello (City Attorney): That -- the settlement document is being prepared, and I'd like to show it to Mr. Jones before we proceed. Chairman Teele: All right. Commissioner Winton: OK. Chairman Teele: All right. Thank you. Commissioner Winton: So, do we have any other agenda items? Commissioner Gonzalez: That's the board appointments. Priscilla A. Thompson (City Clerk): Yes. You -- OK, you have discussion item DI.1, the financial update and budget outlook. Alejandro Vilarello (City Attorney): Mr. Chairman, the City Manager has requested that item be deferred. Commissioner Winton: Good. Commissioner Gonzalez: Our Chairman has just arrived. Mr. Chairman. Commissioner Winton: Do we have anything else? Chairman Teele: Thank you. We have a few other things. Ms. Thompson: Yes. Chairman Teele: But -- Commissioner Winton: Oh, that's right. Four and five, yes. Chairman Teele: We have -- first, is the signer here? Ms. Thompson: He just left. Chairman Teele: That's done? City ofMiami Page 59 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Thompson: Yes. DI.2 04-00386 DISCUSSION ITEM DISCUSSION CONCERNING A WORKSHOP MEETING WITH THE EXTERNAL AUDITORS TO REVIEW THE FINDINGS AND RECOMMENDATIONS OF THE AUDIT. 04-00386- cover memo.pdf City of Miami, Florida CAFR FY 2003.pdf 04-00386 - presentation - 2.pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and was passed unanimously, to accept the report from the Finance Director. Chairman Teele: All right. Following the items relating to the external audit, we would like to take up all of the items relating to the resolutions and ordinances for second reading. Phil Bacon and Mr. Mauzy, I have not seen either one of them this morning. I did see one or two other people. Commissioner Winton: My sheet shows deferred. Chairman Teele: All right. If it's deferred, then that's whatl was going to ask that it be done. All right. External auditors. Commissioner Winton: What item is -- Chairman Teele: Finance Director. Commissioner Winton: What item is that? Chairman Teele: This is discussion -- Thank you, Mr. Vice Chairman -- this is Discussion Item Number 2, workshop meeting with the external auditors to review the findings and recommendations of the audit. Scott Simpson: Good morning. Scott Simpson, City ofMiami Finance Department. We're here in accordance with -- Chairman Teele: Scott. Mr. Simpson: Yes, sir. Chairman Teele: Have you been confirmed as director? Mr. Simpson: Yes, sir. Chairman Teele: Mr. Manager, I want to commend -- I hate that term. We do it so much, patting ourselves on the back -- but really want to commend you, the management team, and Linda in keeping Scott here. I mean -- Scott, how long have you been with the City now? Mr. Simpson: Five and a half years. Chairman Teele: God, it seems like just a week, butt know that when Scott came, you know, he was very ambivalent. He was getting job offers. The previous Finance person -- assistant City ofMiami Page 60 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 manager publicly tried to take him up to Broward, and I really think that the City is much better off as a result of the stability that Scott and others are providing, and I -- it's a pleasure to see Scott here today, Mr. Manager. Joe Arriola (City Manager): Thank you, sir. As a matter of fact, we actually -- it has nothing to do with Scott. We worked on his wife, who is a lovely, lovely lady, and she has actually given him some charm classes, and he has really become an outstanding, outstanding employee of the City ofMiami. Mr. Simpson: Unfortunately, I still have to go to summer school. I didn't do very well. Thank you. I appreciate it, but we are here in accordance with Chapter 18 of the financial integrity ordinance, which requires an annual presentation and workshop with the CAFR, the Comprehensive Annual Financial Report, which is required by Florida Statute to be prepared annually. I have Donavan Magynley, who is the senior manager on the engagement, who is going to briefly talk about the CAFR, then we'll go into the management letter discussions, and then, if you have any questions, we'll go from there. Donavan Magynley: Thank you, Scott. Donavan Magynley, senior manager at KPMG ( Klynveld, Peat, Marwick, Goerdeler), located at 2 South Biscayne Boulevard. I guess I want to echo -- Mr. Chairperson and members of the Commission, this document you should have in front of you is called the Comprehensive Annual Financial Report. As it states, it's a very comprehensive document. It -- Chairman Teele: You need to state your name and -- Mr. Magynley: I'm sorry. I did. Donavan Magynley, with KPMG, 2 South Biscayne Boulevard. Chairman Teele: How long have you been the external auditor for the City? Mr. Magynley: We have been the external auditor since 1996. Chairman Teele: So let me ask the question again: How long have you been the external auditor for the City? Mr. Magynley: My quick math, that would be eight years, sir. Chairman Teele: And what action have we taken recently? Did we extend your contract, or did we bid a new contract? Mr. Magynley: That's a good question. Chairman Teele: Where is that now? You know, when you're listening to consultants, they always know -- you can tell whether you're getting the whole story based upon some other factors, so I'm trying to figure out what those other factors are. Mr. Magynley: OK. Let me let the administration respond to that. Chairman Teele: Linda, do you know where we -- Madam Manager or Scott? Linda Haskins (Deputy City Manager/Chief Financial Officer): The contract was extended for the 2003 year, and we're going out -- is it -- right, for 2004? Mr. Simpson: Actually, what happened, we had gone out for an RFP (Request for Proposal) process for the last audit, and as the consequences and discussions about implementing best practice or whatnot, the recommendation was with the awarded -- they awarded the last RFP, City ofMiami Page 61 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 which was for a 3-year contract. It was a concession made between the Commission and then partner KPMG to do it with a one-year confract, and we did that. We are currently drafting a new RFP, which will be for another three years going forward, so this is -- they're out, unless they win the new RFP process. Unidentified Speaker: (UNINTELLIGIBLE) is reviewing it right now. Mr. Simpson: Right. The RFP is in Legal right now being reviewed. Chairman Teele: The RFP is in Legal being reviewed; what does that mean? Mr. Simpson: They are looking at the RFP to make sure it's in compliance with rules of the auditor general, state statute, et cetera. Are there any terms in there that are not favorable for the City -- Chairman Teele: Thank you. Thank you. You may proceed -- Mr. Magynley: Thank you, sir. Chairman Teele: So is this your last year under -- Mr. Magynley: Under the confract. Chairman Teele: -- the current confract, including all options? Mr. Magynley: That's correct. Chairman Teele: All right. Thank you very much. Mr. Magynley: That is my understanding. This document you have here is, again, the financial report of the City, the activities and position of the City for the year 2003. In this big document, there's only two pages that really preside or relate to what we have. We have issued an unqualified opinion, which is the highest quality of assurance that we can issue, as public accountants, and the -- I'm proud to say the City has received an unqualified opinion. One of the -- Mr. Chairman had mentioned about the staff. I want to echo his commendation in terms of the audit, in terms of their competency, and in terms of where they -- this document -- they actually prepared this document, and it takes a lot of effort, it takes a lot of knowledge; it takes a lot of expertise to actually put this together. It's extremely comprehensive. It's the second year under the GASB (Government Accounting Standard Board) -34, and staff has done an extremely good job in terms of compiling information and report -- Commissioner Winton: How many years have we had an unqualified report? Mr. Magynley: In all honesty, since we've been the auditors, you've had an unqualified opinion. Commissioner Winton: For eight years? Mr. Magynley: You have. However -- which is the second document that I'm getting to -- the management letter, in the previous years, were a little big more scathing than it is now. Commissioner Winton: I'm sorry? Mr. Magynley: The comments in the management letter that we have issued in the past have been a bit more significant, in terms of the comments that we have cited in the past, compared to what we've been getting to in the current year. City ofMiami Page 62 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Is the management letter in here, in this package? Mr. Magynley: It should be a separate document, I think. Commissioner Winton: No, I haven't seen that. Chairman Teele: Did we get a copy of that in advance? Mr. Simpson: Yes. It was e-mailed about -- Commissioner Winton: Well, no wonder I didn't see it. What's e-mail? Mr. Magynley: What's e-mail? Chairman Teele: Would you make the statement again that you made to Commissioner Winton? Mr. Magynley: I just want to point out -- he had questioned as to how long the City has received an unqualified opinion. The City, since we've been the auditors, have received an unqualified opinion. I want to bridge that by saying, however, that the management letters that we have issued in the past years have had more significant -- Commissioner Winton: Issues. Mr. Magynley: -- findings and issues that we have cited in the past compared to the current year, which can be interpreted as being a very -- this year the City has made extremely good effort, in terms of running its operations. This document also, as Scott mentioned, receives what's called the Achievement for Excellence in Financial Reporting Certificate. It is a certificate that's issued by a group of people who basically review this document and cite that its reporting is in accordance with proper accounting principles, to put it in layman's terms. With that, I want to jump to the management letter, as I alluded to. The way I have this management letter organized, it's -- if you go past the first four pages, and it says Appendix A, it summarizes the comments that we noted in the current year, and I'm going to jump to the back. In Appendix B, there's a summary of all the comments that are still applicable from the previous audits. With that, in the current year, we had three comments: one being capital assets, (UNINTELLIGIBLE) report, and fraud policies. Again, let me echo. None of these comments, in our opinion, are considered to be -- what we consider to be (UNINTELLIGIBLE) weakness or a reportable condition, which is a heightened sense of the significance of a comment. These are just regular observations that we noted during the course of our audit. Without boring you and going through each one of these, I want to just jump back to the summary page on Appendix B-1 that summarizes the comments that we had in the previous years. There is still a significant amount of those comments that we consider to still be outstanding, I think. However, Scott is prepared to respond as to what the status of those are and what the plans are going forward. I also wanted to make mention to you that in each -- for each of the comments that are in here, management's response is included, so you'll see what their action plan -- what the action plans are -- prescribed in order to address the comments that we cited. Commissioner Winton: Including the un-addressed historical. Mr. Magynley: Exactly. Commissioner Winton: OK. Mr. Magynley: They give a current status of the previous comments. Just two more things I want to add is that, during the course of our audit, we had full cooperation of the City, its City ofMiami Page 63 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 management, and its Finance Department, and we had no disagreement with respect to accounting policies or accounting disclosure issues. With that, I want to turn it over to any questions that you may have, or be available to the Commission to return on any questions, or to meet one on one with any Commission members. Commissioner Winton: Well, this sounds like outstanding news that staff ought to be feeling very, very well about, so it'll be nice to get this one page, B-1, you know, chopped in half or better by next year, and then we'll really be flying. Mr. Simpson: If you look at that, of the 11 remaining issues, three of those have already been corrected. They were not corrected as of the balance sheet date, which the auditor requires. Commissioner Winton: Oh, OK OK Mr. Simpson: The other eight remaining are related to ERP, which we are significantly addressing now, with the RFP for implementing the new ERP package because those are typically IT (Information Technology) related. Commissioner Winton: So once we get that -- once we get the ERP in place, we can -- Mr. Simpson: The slate should be wiped clean. Commissioner Winton: -- appropriately address every single one of the remaining ones then? Mr. Simpson: The eight, that's correct. Commissioner Winton: Great, great. Chairman Teele: What was the -- when was the audit closed out? Mr. Magynley: The date on the report that we have here -- here we go. February 27, 2004. Chairman Teele: What is the desirable date to close out audits of a city of this size? Mr. Magynley: In all honesty, that's a very desirable date. You can look at what it takes to close the size of this city and issue the report. That's the average date. Commissioner Winton: That's a good time. Mr. Magynley: I mean, we honestly have still -- we still have municipalities who have not still issued their reports who are the same -- Chairman Teele: Why was the Oversight Board so intent on the City having everything closed out by the end of the calendar year, based upon the fiscal year ending on September 30th? That was one of their driving issues at the Oversight Board before, is that they felt 90 days -- what's the guy from the bank -- Mr. Magynley: I'm not sure we were issuing (INAUDIBLE). Chairman Teele: -- the guy who was on the Oversight Board? Mr. Simpson: Adolfo Enrique? Chairman Teele: Adolfo Enrique kept driving that issue. Why were they saying 90 days? City ofMiami Page 64 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Simpson: Well -- Ms. Haskins: I think someone like Adolfo would say that, and I agree. Coming from the banking environment, which I did and, you know, for public companies, financial statements are done within 90 days of the end of the year. We really believe that what -- when you look at the management letter, I think the management letter and the timing of financial statements tie together. We have to do a lot of manual effort to pull information together, and we have to put into place a lot of compensating controls because we don't have financial systems that talk to each other and pull the information together cleanly, so there's a lot of manual intervention, and we really believe that once we have new financial systems, we'll be able to do it much more quickly. I think also that we've done -- Scott and his people, and other departments, as well, have done a lot in the past year to set the stage to get some of the information together more quickly. For example, we'll be doing more frequent actuarial analyses on our worker's comp liabilities, and other sorts of liabilities, but -- I know I was talking with someone from the County yesterday and they just Federal Expressed their report out for filing on April 30th, so it is tough when you don't have financial systems that talk to each other. Chairman Teele: Further comments, further discussion. If not, is there a motion to -- Commissioner Winton: Accept the audit. Chairman Teele: -- accept the -- Commissioner Winton: So move. Commissioner Gonzalez: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All those opposed? Thank you very, very much. Mr. Magynley: Thank you. Mr. Simpson: Thank you. City ofMiami Page 65 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 PART B PZ.1 03-0397 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM "RECREATION" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397 FR Fact Sheet.PDF 03-0397 Analysis.PDF 03-0397 Land Use Map.PDF 03-0397 & 03-0397a Aerial Map.pdf 03-0397 PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397 FR Legislation DRAFT.PDF 03-0397 Exhibit A.PDF REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397a, 03 -0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. 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 12532 Chairman Teele: All right. Would everyone that's here to be heard on a PZ (Planning & Zoning ) item, please stand, raise your right hand and be sworn? Madam Clerk, would you swear the City ofMiami Page 66 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 persons that are here on the PZ items? Lourdes Slazyk (Assistant Director, Planning & Zoning): The first five are City items. That's probably why there's -- Chairman Teele: So we're going to run out of time? Ms. Slazyk: Well, the -- Chairman Teele: What time did we notice that other item, 6 o'clock? Commissioner Winton: 6 o'clock. Chairman Teele: Oh, God. Ms. Slazyk: 6 o'clock and 4:30 -- Commissioner Winton: What a mistake we made. Ms. Slazyk: -- for the moratorium, so there's nobody here on those yet, but we do have PZs 1 through 5, which are City items that are important to us. Chairman Teele: All right. Are there anybody -- are there any persons here on PZs 1 through 5 ? If not, there's no need to swear. You may proceed, Madam Director. Ms. Slazyk: Thank you. PZs 1 through 4 are actually companion items. These are all second reading ordinances for land use and changes -- land use and zoning changes on Watson Island, related to the Island Gardens Project. We began these a little bit before they filed their Major Use Special Permit, because these had to go up to DCA (Department of Community Affairs) for a review. They're now back from DCA. They have waived the Objection, Recommendation, and Comment, the ORC, Report and we're here asking for approval on second reading for these four items. It's basically a swap, a little piece of commercial for a little piece of recreation so they can configure the project more appropriately on the island, and we recommend approval, and it's been -- the first one, PZ.1, is the land use change from the recreation to restricted commercial. The Planning Advisory Board had recommended denial of this only because they wanted to see it in conjunction with the project. The project will be at the Planning Advisory Board on May 19th, so they're going to see it at that time. Otherwise, we recommend approval. Vice Chairman Sanchez: Is there any opposition? Chairman Teele: All right. Mr. Attorney, read the item. Vice Chairman Sanchez: Is there any opposition? OK Joel Maxwell (Deputy City Attorney): An ordinance of the Miami City Commission, with attachments, amending ordinance -- this is a public hearing. Chairman Teele: Read the item, Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Is there a motion? Commissioner Winton: So moved. City ofMiami Page 67 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Gonzalez: Second. Chairman Teele: 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. PZ.2 03-0397a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.78 ACRE PARCEL NAMED "PROPOSED TRACT B" LOCATED WITHIN THE AREA APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA, FROM PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL, MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397a FR Fact Sheet.PDF 03-0397a Analysis.PDF 03-0397a Zoning Map.PDF 03-0397 & 03-0397a Aerial Map.pdf 03-0397a PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397a FR Legislation DRAFT.PDF 03-0397a Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Watson Island Tract B APPLICANT(S): Planning and Zoning Department FI NDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 3, 2003 by a vote of 5-3. See companion File ID 03-0397, 03- 0397b and 03-0397c. PURPOSE: This will allow a unified commercial development site. Motion by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 68 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12533 Chairman Teele: PZ.2. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.2's a related item for the zoning component from Parks and Recreation to restricted commercial. It's second reading, and we recommend approval. Vice Chairman Sanchez: Public hearing. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Madam Clerk. Do we have a motion? Commissioner Gonzalez: So moved. Vice Chairman Sanchez: Second. Chairman Teele: 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 is adopted on second reading, 5/0. PZ.3 03-0397b ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF WATSON ISLAND, MIAMI, FLORIDA; FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397b FR Fact Sheet.PDF 03-0397b Analysis.PDF 03-0397b Land Use Map.PDF 03-0397b & 03-0397c Aerial Map.pdf 03-0397b PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397b FR Legislation DRAFT.PDF 03-0397b Exhibit A.PDF City ofMiami Page 69 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 REQUEST: To Amend Ordinance No. 10544, from "Restricted Commercial" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397c. PURPOSE: This will allow a unified recreational site. 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 12534 Commissioner Gonzalez: PZ.3. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.3 is the other companion item. This goes from restricted commercial to recreation. This is a land use change. It was recommended for approval by the Planning Advisory Board; approval by the Planning and Zoning Department, and it's second reading. Chairman Teele: This is a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. Mr. Attorney. The Ordinance was read by title into the public record by the Deputy City Attorney. Chairman Teele: All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Chairman Sanchez: Second. Chairman Teele: 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. PZ.4 03-0397c ORDINANCE Second Reading City ofMiami Page 70 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 22 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF THE 0.79 ACRE PARCEL NAMED "PROPOSED TRACT C" LOCATED WITHIN THE AREA APPROXIMATELY AT THE NORTHWEST OF THE WATSON ISLAND, MIAMI, FLORIDA, FROM "C-1" RESTRICTED COMMERCIAL TO "PR" PARKS AND RECREATION; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0397c FR Fact Sheet.PDF 03-0397c Analysis.PDF 03-0397c Zoning Map.PDF 03-0397b & 03-0397c Aerial Map.pdf 03-0397c PAB Resos.pdf 03-0397, 03-0397a, 03-0397b & 03-0397c DCA Letter.pdf 03-0397c FR Legislation DRAFT.PDF 03-0397c Exhibit A.PDF REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract C APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 3, 2003 by a vote of 7-1. See companion File ID 03-0397, 03-0397a and 03-0397b. PURPOSE: This will allow a unified recreational site. 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 12535 Direction to the Administration by Commissioner Regalado to meet with representatives of the Florida Department of Transportation (FDOT) to request them to provide free parking to the employees of the Miami Children's Museum on the sfrip of land located on the east side of the McArthur Causeway. Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.4 is the last of the zoning changes for Watson Island. This is the companion to 3. It's going from C-1 restricted commercial to PR, parks and recreation. It's been recommended for approval by the Planning Advisory Board, and by the Planning and Zoning Department, and it's second reading. City ofMiami Page 71 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: All right. Commissioner Winton: So moved. Chairman Teele: It's a public hearing. Any person desiring to be heard should come forward. There are no persons coming forward. The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Winton: So moved. Commissioner Gonzalez: PZ.4. Vice Chairman Sanchez: Second. Commissioner Winton: Second. Chairman Teele: 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. Commissioner Regalado: Before you -- Mr. Chairman. Chairman Teele: It's a good time, Mr. Commissioner. You want to take up another item? Commissioner Regalado: No. I wanted to ask something about Watson Island. The Assistant City Manager is here, Alicia. OK The Children's Museum is using some of the area for parking . As you all know, Miami residents pay half to go to the Children's Museum. Now they don't pay parking. Off -Street Parking is going to have surface parking done by July or August. I think it's going to be like five dollars or something like that. Now, the employees of the Children's Museum, as mandated by this City Commission our City residents, more than 80 young men and women from all our communities, they make minimum wage. They have made some kind of arrangement for the parking for the employees but, still, if the employees have to park and pay, it isn't worth it because they work two or three hours a day. If the museum have to pay, they're going to have to raise the rates for the museum. There is a small strip of land on the east side, facing McArthur, that it's owned or it was deeded to DOT (Department of Transportation) for the famous tunnel or something like that. If the City can get DOT to let us use that area, all the employees can park in that small piece of land without paying anything, and it would be only for the employees, and we're talking teenagers. These are young men from the communities and, you know, it seems to me that it makes sense to try to do something. I mean, the museum would even fix and pave the area, if needed, so they can accommodate 30 or 40 cars there. Nobody's using the land right now. Alicia Cuervo Schreiber (Chief of Operations): Commissioner, just so you know, you had brought that to me before, and we have a meeting set up, as a matter of fact, early next week with Johnny Martinez with FDOT to discuss two other matters on the Flag Stone, and that's one of the items on the agenda. Obviously, it would have to be month -to -month because they do have a project coming up. Commissioner Regalado: Of course. City ofMiami Page 72 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Cuervo Schreiber: And we checked with Zoning. It would be allowed by use. Commissioner Winton: Great. Commissioner Regalado: And you know -- Commissioner Winton: That's a good point. Commissioner Regalado: Let me tell you, do you know how most -- two-thirds of the visitors to the Children's Museum are City ofMiami residents. Commissioner Winton: Is that right? Commissioner Regalado: Incredible. Commissioner Winton: Yeah. That's great. Commissioner Regalado: OK Thank you. PZ.5 03-0418 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE AND THE INTERGOVERNMENTAL COORDINATION ELEMENT TO INCORPORATE REVISIONS IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE " 1995 EVALUATION AND APPRAISAL REPORT ON THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN" AND TO MEET THE REQUIREMENTS OF RULE 9J-5, FLORIDA ADMINISTRATIVE CODE; FURTHER AMENDING THE GOALS, OBJECTIVES, AND POLICIES OF THE FUTURE LAND USE ELEMENT BY DELETING AN OBJECTIVE AND POLICIES RELATED TO INTERGOVERNMENTAL COORDINATION AND TRANSFERRING THEM INTO THE INTERGOVERNMENTAL COORDINATION ELEMENT; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 03-0418 SR Fact Sheet.pdf 03-0418 Analysis.PDF 03-0418 PAB Reso.PDF 03-0418 DCA Letter.pdf 03-0418 SR Legislation.PDF 03-0418 Exhibit A.PDF 03-0418 FR Fact Sheet.PDF 03-0418 FR Legislation DRAFT.PDF REQUEST: To Amend Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator City ofMiami Page 73 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 17, 2003 by a vote of 6-0. PURPOSE: This will update the Miami Comprehensive Neighborhood Plan in accordance with state requirements. Motion by Commissioner Gonzalez, seconded by Commissioner Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele 12536 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a second reading ordinance. Chairman Teele: OK. Ms. Slazyk: PZ.5 is a second reading ordinance amending the goals, objectives and policies of the future land use and the intergovernmental coordination elements of our Comprehensive Plan . These were approved on first reading by the City Commission. They were also referred up to the Department of Community Affairs. It's come back with an approval. No objections, recommendations or comments. It's basically a clean up of these elements in order to bring the intergovernmental coordination element into compliance with the state statute amendments since that time, so it's been recommended for approval. Chairman Teele: Mr. Attorney, read the item. You know, let me just say this, Mr. Attorney. I think -- everybody can do it their own way, but I think if you're going to have a public hearing, what the public responds to is the formal notice, and you're the person providing the formal notice when you read the title. The title is the formal notice, and just as a matter of procedure, I think it makes a lot more sense to have the public hearing after the title is read than before the title is read. That's just my way of thinking, so that's why I do it that way. Joel Maxwell (Deputy City Attorney): That's fine, sir. Chairman Teele: Because that way, when people come on an item, they know when their item is being called -- Commissioner Winton: Mr. Chairman, did I hear that right? Did Joel say 'yes"? Chairman Teele: He was saying, 'yes, I hear what you're saying." Mr. Maxwell: And I agree wholeheartedly. Commissioner Regalado: They're asking, do you want some coffee? Chairman Teele: Would you read the title, please? The Ordinance was read by title into the public record by the Deputy City Attorney. Commissioner Gonzalez: Move PZ.5. Commissioner Winton: Second. City ofMiami Page 74 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 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's closed. The motion being made and second, Madam Clerk, would you 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 adopted on second reading, 5/0. Ms. Slazyk: OK. PZs (Planning and Zonings) 6 and 7 are for times certain of 4: 30 and 6 o'clock, so we are done with the rest of the PZs. PZ.6 04-00296a 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 40 FEET IN HEIGHT LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING THE WEST SIDE OF THE SOUTHWEST 27TH AVENUE CORRIDOR FROM 25TH STREET TO US-1 PROVIDING FOR A TERM; PROVIDING FOR PENDING APPLICATIONS; PROVIDING FOR ADMINISTRATIVE AND JUDICIAL REVIEW, PROVIDING FOR UPON COMPLETION OF THE 27TH AVENUE CORRIDOR STUDY AND EFFECTIVE DATE OF THE EARLIER OF 90 DAYS OR THE EFFECTIVE DATE OF THE CURATIVE ORDINANCE ADDRESSING THE REMEDIAL EFFORTS AND IMPLEMENTING STUDY RESULTS IN WHICH CASE THIS ORDINANCE SHALL BE REPEALED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE 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 approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 6-2. This item is related to File ID 04-00296. PURPOSE: This will establish a 90-day temporary moratorium on the City ofMiami Page 75 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 acceptance of applications for new buildings located on the SW 27th Avenue corridor from Coral Way to US-1. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Absent: 1 - Commissioner Gonzalez 12537 Direction to the City Clerk by Chairman Teele to present the legislation on Item PZ.6 to the Mayor for his signature, or his veto, as soon as possible. [Note: The City Clerk delivered the signature report to the Mayor's Office at the end of today's meeting; the Mayor returned the signed report on May 7, 2004.] A motion was made by Commissioner Regalado, seconded by Commissioner Winton, and was passed unanimously, with Commissioner Gonzalez absent, to direct the administration to schedule at the earliest possible Planning Advisory Board meeting, for its consideration and decision, an ordinance to establish a 90-day temporary moratorium, or other appropriate measure to control height of new buildings along the Southwest 27th Avenue Corridor from Coral Way to US-1, with all the conditions as stated in today's discussion, including four blocks carved out, the opinion of the zoning director, and the words "having obtained all required City approvals related to development permit applications" and the change of the words of development permits; further directing the Manager to schedule said ordinance for first reading at the Commission Meeting currently scheduled for May 27, 2004, if possible, but making all efforts to schedule no later than June 10, 2004. Chairman Teele: All right. We have a 4:30 time certain, Madam Manager. Commissioner Regalado: Is this the moratorium? Chairman Teele: This is the moratorium, right? Lourdes Slazyk (Assistant Director, Planning & Zoning): Yes. Commissioner Regalado: We need to get the people outside to come in, and -- Chairman Teele: All right. All persons that intend to testify regarding item number 5 or 6, the moratorium, the PZ (Planning and Zoning) items, would you -- Priscilla A. Thompson (City Clerk): Six -- I'm sorry, sir, it's 6 and 7. Chairman Teele: 6 and 7, 8 and 9. Vice Chairman Sanchez: 6 and 7. Ms. Slazyk: 6 and 7. Chairman Teele: All of those items, please raise -- stand, raise your right hand and -- Madam Translator. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish). Chairman Teele: Thank you very much. Thank you all very much for being here today, and we'd like to get your cooperation. Commissioner Regalado has been waiting for this item to City ofMiami Page 76 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 come up. I'm going to yield to the Vice Chairman. I'll be in the back. Mr. Vice Chairman, would you preside over this item, please? Ms. Slazyk: Thank you. For the record, Lourdes Slazyk, Planning and Zoning Department. PZ. 6 is a second reading ordinance. The petition is a consideration of establishing a 90-day temporary moratorium on the acceptance of applications for new buildings located on Southwest 27th Avenue Corridor from Coral Way to U.S.1, and there is a map of the area in your packages. This was recommended for approval to the City Commission by the Planning Advisory Board, approval by the Planning and Zoning Department, and the City Commission adopted it on first reading. This is a second reading ordinance. Vice Chairman Sanchez: OK. It's a second reading in front of this legislative body. Is there anyone in opposition on this item? Sir, you need to go -- you need to state your name for the record. Have you been sworn in? Unidentified Speaker: Yes. Vice Chairman Sanchez: OK. Ma'am, are you in opposition also? Oh, OK All right. Sir, you're recognized. Randy Simpson: Good evening. My name is Randy Simpson. I live at 4123 Le Jeune Road, in Coconut Grove. I'm here in opposition to the moratorium primarily because, in my opinion, the moratorium is comprised of -- is looking to an opportunity to change the zoning on 27th Avenue. In the process of changing that zoning, I don't believe there's a proper representation of the citizens ofMiami. I think that the group of people who are going to be the steering committee, if you will, talking to the Planning Department, are people who are citizens immediately in the neighborhood, but no homeowners or no property owners on 27th Avenue are in that group, nor are there any people on the west side of 27th Avenue, so I think that it's a myopic kind of perspective on the moratorium, and that's my opinion. Thank you. Luis Revuelta: Good afternoon. My name is Luis Revuelta, with offices on 2560 Southwest 27th Avenue. I'm an architect with offices at that location. I have a few points. I am pleased that the notification this time around, which properly make on the paper, and we did see the notification. I want to say that, as an architect and a member of the Planning Board, I do not disagree with the principal of the moratorium to study what's happening in the City and the issues we have on the main boulevards, which are critical, like Biscayne Boulevard, and all that I would like to respectfully request today is that structures on the west side of 27th Avenue that are six or eight blocks near the Metro station, which is supposed to be a high density area -- which it's been planned for residential and it's been encouraged for residential and that a hundred feet or less -- to please exclude them from this moratorium. 27th Avenue is a hundred feet wide boulevard. A hundred foot high building on 27th Avenue is not incompatible. It is compatible. The real problem that we have on 27th Avenue, as we have on 37th, Coral Way, 32nd, Biscayne Boulevard, and many other boulevards is that there's no buffer between the C-1, which is very narrow, and the R-1, R-2 and R-3 certifications behind it. This is something we've been carrying for years. It's not the fault of staff. They're frying to do their best, but we need to implement some transitional zoning, some buffer behind these narrow pieces of C-1 that do not work, that people should be able to develop sensitively, and this is why I think the moratorium is a good idea, but the problem is not so much the height along these boulevards, but there's a lack of buffer between this narrow C-1 in the residential areas. I would like, if it's possible and if it's not out of order, that on the side of 27th Avenue, west of 27th Avenue, and near the Metrorail, which I understand is Commissioner Winton's district, if we could either form a Commission or be part of a committee that we can work with Commissioner Regalado's committee, if it's not improper, and I would please respectfully request that buildings that are a hundred feet or less on the west side of 27th Avenue, near the Metrorail, six or eight blocks north of Dixie Highway be excluded from the moratorium. Thank you very much. City ofMiami Page 77 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Vice Chairman Sanchez: Thank you so much. I want to tell you -- Commissioner Regalado: Mr. Chairman. Vice Chairman Sanchez: Before we do, I want to take this opportunity to welcome Judge Pooler, who's here with us today. Judge, always a pleasure to have you here, and she is a resident of the City ofMiami, so always good to see you, judge. Commissioner Regalado: Silver Bluff. Vice Chairman Sanchez: All right. Silver Bluff. OK. Is there anyone else that -- we don't want to deny anyone the process -- the public forum. Is there anyone from the public that wants to address the Commission? Hearing none, Commissioner Regalado, you're recognized. Commissioner Regalado: I just wanted to make some comments regarding Mr. Revuelta's statement. Commissioner Winton has been very gracious in -- throughout this process, because he does have several blocks in his district of 27th Avenue on the west side, especially the streets immediately adjacent or close to U.S.] and the Metrorail station. I think acted as a resident maybe when I said, well, you know, the committee is formed, and he accepted that, so on that part, on that part of the district, which is completely different to what we have, from Coral Way to U.S.], especially on the east side and always on the east side, which is a residential, major residential area because even on 27th Avenue, the east side is residential; on the west side, near U.S.], it's commercial so, you know, I'll defer on those blocks to Johnny because he has been very supportive of this moratorium, and it is important. We have some issues that we need to address regarding the second reading of -- on this moratorium. We need some assurances from the administration, but especially legal assurances to make it work. We need also to expedite the process because, you know, once the moratorium is in place, it's up to the staff to come up with something that is fair, something that works, something that will help development, but that will protect the neighborhood, because you know what? If the City ofMiami staff the Planning Department, the Zoning Department, or the Building Department, or any department that has to do with construction takes four months, five months, six months, whatever time they take, it is working against the City because if in 90 days, we do not have something that could be supported by developers and by the residents, I will be here frying to extend the moratorium. It's simple as that, and the City will suffer, and you know, we could be here -- I mean, I don't have any problem for the next four years, if God keeps me here, so I'll be here extending the moratorium, so the point is not about the moratorium. It's to work for a Zoning Code for 27th Avenue that really is acceptable, that protects the residents, that protects what the area is all about, and that is also fair to developers. Let me tell you, this moratorium, the one on Biscayne Boulevard, the one on 27th Avenue, it may seem to be a small area, but it is -- it will become a model for the rest of the County. When the County is about to extend the boundaries, the construction boundaries west of Krome Avenue, you're going to see people going to County Hall asking for a moratorium, and there will be people asking for moratorium on the Dural area, so what we're doing here, we've got to do it right and it has to have teeth in terms of you know, securing that this is not a smoking mirrors thing, and that the residents are leaving happy and then, all of a sudden, next day we have another Catalonia in our neighborhood, so I just wanted to say, in terms of Johnny, I really thank you for your support. Those blocks, I understand that they're different, but the main issue here is to protect the neighborhood, the residents, long-time residents and new comers to the resident, and I want to just say that lsee here members also of another homeowners association, the Shenandoah Homeowners Association, and I just wanted to tell you, the City Commission just supported a resolution -- and it has to do also with zoning. We are filing suit on the property on 21 st Street and 23rd Avenue, the ALF (Adult Living Facility ) turned into halfway houses, because we're fighting here -- we're fighting here in several fronts. I mean, we got to circle the wagons here, because it's either big, big, big, big, big buildings or ALF that becomes a halfway house and then run away ALF, so I'm just saying that this City City ofMiami Page 78 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commission is willing to do what it takes to be fair to developers, but also to protect the residents. Vice Chairman Sanchez: Commissioner Regalado, before we take any action, let me just reopen the public hearing, because I was under the impression at the last meeting, the supporters had an opportunity to speak, and apparently they did not, so let me reopen the public hearing and allow the supporters an open forum so, sir, you're recognized. Andrew Dickman: Thank you, Mr. Vice Chairman, Commissioners. Andrew Dickman, law offices at 9111 Park Drive, in Miami Shores, Florida, here representing the homeowners association of Silver Bluff. We are here in support and thanking the Commission for enacting this ordinance for the moratorium, and specifically, we want to speak on behalf of that, and there are a number of the members here that want to also speak, and put their issues into the record. I also want to support Commissioner Regalado's position that -- about doing this right, and we believe that the Commission is really working to do this right, because I think what you will see is not only moratoriums coming up in other areas of the City, but even worse, you could see citizens' initiatives for Charter amendments, and you are seeing that around the County in other places in this state, even in the State itself where citizens are getting very, very offended and upset about their residential neighborhoods that they've lived and reared their children in being attacked, so to speak, by very large buildings, so if you don't do it correctly and if it really isn't a true initiative, then that is something that could very well happen and you could easily look at City ofMiami Beach and North Miami Beach, where this kind of thing is going and citizens are wanting to take this away from the elected officials. I don't think that that's the right approach. I think the approach that you're taking is the smart and right approach. I want to talk about a few quick issues, andl know that Mr. Maxwell, your attorney, will chime in on this issue. Vice Chairman Sanchez: Counsel, how much time are you going to need? Mr. Dickman: I'm going to need about two minutes, myself. Vice Chairman Sanchez: Two minutes. Mr. Dickman: Two minutes very quickly. Vice Chairman Sanchez: What would be fair time to allow all those that are going to speak in favor -- how many are going to be speaking in favor? Could you all please stand up and be sworn in? I know that some -- Mr. Dickman: Everybody was sworn in, I think. Vice Chairman Sanchez: Well, I saw some people walk in. Mr. Dickman: You want to do it again? Vice Chairman Sanchez: You know, we've got to swear everybody in, so those that walked in late, then come on, don't be shy to stand up, that are going to speak in favor. Could you please raise your right hand? Madam Clerk, could we swear them in, please? The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Vice Chairman Sanchez: OK. Would it be -- counsel, we'll allow you five minutes, and then we'll allow two minutes -- Mr. Dickman: Thank you. City ofMiami Page 79 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Vice Chairman Sanchez: -- for all those that are coming in favor to speak, OK Mr. Dickman: I appreciate it. Thank you very much, and I also want to point out that many of the homeowner representatives from around the City, other homeowner associations actually got together this week to talk about issues like this, and there is a growing momentum of a collaborative of all of these homeowners associations citywide to address issues like this, especially now with the Mayor being very upfront about wanting to do comprehensive planning and all of the Commissioners also stating for the record that it is needed, so you are going to see a lot more of the homeowners being active in this type of thing. The discussion that took place at the last hearing, there was a discussion about what to do with the projects that are in the pipeline, and the common sense reason for that discussion is, what good is having a moratorium or even a new Zoning Code to protect the residents if all of these projects that are being contemplated actually happen? It's -- it makes all of your work and the moratorium a moot issue, so it's a real issue and it has to be contemplated. You will note also -- if you could hold up the board, please -- in your Zoning Code, right now, it talks about the status of applications, and it gives, more or less, vested rights to applications that are deemed completed, and that definition is in your code, but there is language in that particular ordinance that says, "unless otherwise decreed, " so it was contemplated that, at some point, there -- Commissioner Winton: Mr. City Attorney, I think this part of the conversation is a part that you probably need to listen to very carefully because you're going to have to advise us here. Joel Maxwell (Deputy City Attorney): Yes, sir. Mr. Dickman: And we have spoken with the attorney, and I'm sure he's going to give you a very detailed explanation of his position on it. Basically, what we are asking for is to have the words "approved," as opposed to "completed." The -- as opposed to at the front end of the pipeline, make it at the back end of the pipeline. Keep the horse in the barn, I think is the phrase. Keep the cow in the barn or the dog in the yard. That's what we would like. We would think that that language, unless otherwise decreed, gives you the authority to say, only approved applications are going to be ruled by the prior zoning. We think that also, in this ordinance -- and we believe that that was discussed at the prior meeting, and we came away thinking that that was part of this resolution. Your attorney will give you a different opinion on that, but we really thought that that was talked about and should have been in the motion. The other piece of information was that this talks about permits for new buildings, and quite candidly, we would rather it say " development permits. " That's an important definition in your Zoning Code, which deals with a lot of different types of activities. We feel that a building permit for a new building could open the door for other types of actions that would get the foot in the door for these new buildings, and a development permit text in there would be the best way to go. With that, maybe Mr. Attorney would like to jump in. Mr. Maxwell: Thank you. Commissioner Regalado: Mr. Chairman, before the attorney, just for information and for the attorney's benefit, so he can respond, I would really like to amend, on the second reading, the ordinance to include the word "approved, " when it says complete and approved. I guess a development permits, it's just a technicality, but the approved word, to me, it's very important, and I remember that it was mentioned time and again here on the first hearing, in terms of that, so having said that, Mr. Attorney, that's -- Mr. Maxwell: Mr. Chairman, Commissioners, I -- Vice Chairman Sanchez: I think you need to address that, counsel. City ofMiami Page 80 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Maxwell: Yes, sir. You did discuss this. We have reviewed the Clerk's minutes from that meetings; we've looked at our notes from that meeting, and we have reviewed the videotape from that meeting, and although you discussed it, it was not made a part of the motion. You did not amend the ordinance to make that change. The only change that was made was to make the ordinance effective immediately. That change was made as per your directions. The other change was not made a part of the motion. The Commission did not act on that, so I don't think that you -- that's why it's not before you now. Now, the other question is, what can you do tonight on that now? I believe that such a change would be -- even though the code does specifically say, as Mr. Dickman pointed out, that you can otherwise decree. However, that section that talks about complete applications, is an ordinance. The only way you can otherwise decree is by ordinance, which this would be, but -- Vice Chairman Sanchez: Goes back to first reading. Mr. Maxwell: That would be a substantial change -- Vice Chairman Sanchez: So, it goes back to first reading. Mr. Maxwell: -- a modification. It would have to go back, if you did that. Commissioner Regalado: OK, so -- Mr. Maxwell: I think you would -- Commissioner Regalado: -- let me just understand this. I think that -- well, it is a substantial change; that, I agree. Substantial change is also when we said before, all buildings, moratoriums on all buildings. Well, following your counsel, we have to say something, because all buildings cannot be stopped by law, so we need to, today, place like height limits on the moratorium? Mr. Maxwell: Yes, sir, I would recommend that. Commissioner Regalado: OK, so that's no problem because -- anyway, the height is going to be discussed within the planning, and the neighbors, and the ad hoc committee and all that, so that would not be any problem at all. The height is just symbolic, but it is the point to start for the different meetings that we're going to have. So the change from all buildings to buildings of 40 feet -- Mr. Maxwell: No building in excess of -- if that's the -- Commissioner Regalado: In excess of 40 feet -- Mr. Maxwell: If that's your choice, yes. Commissioner Regalado: Four stories. Mr. Maxwell: No, no, no, no, 40 feet, not four stories. Commissioner Regalado: Well -- I mean, 40 feet is, more or less, four stories, but -- Mr. Maxwell: Yeah. You would have to have a linear measurement. Commissioner Regalado: Forty feet. Mr. Maxwell: Yeah. City ofMiami Page 81 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Regalado: OK That's not material enough? Mr. Maxwell: No, sir, and the reason is because that's less resfrictive. That's less restrictive. Now, what your ordinance is doing is, you're prohibiting all buildings, not just building any structure, so if the person had a vacant lot, they couldn't do anything with it, so what -- if you change to 40 feet, that's less restrictive. The change that Mr. Dickman is requesting is more resfrictive. Commissioner Regalado: Well, actually -- Mr. Maxwell: So that kicks in a notice -- Commissioner Regalado: -- he's not requesting that. I think it was any intention, from day one, to have the word "complete. "I guess that we went into the discussion of immediately going into effect and it probably would have been an oversight, but it is my intention -- and I hope to have the support of the members of the Commission -- to -- after the debate, when we amend this, to include the word "complete and approved." Mr. Maxwell: You mean in this ordinance here? Commissioner Regalado: Yeah. Mr. Maxwell: Well, my recommendation would be to you, sir, that that is a substantial change, and it subjects the ordinance to being invalidated by a court. Commissioner Regalado: OK Then -- Commissioner Winton: So what do we do about it? Commissioner Regalado: -- but if we have to start all over, we start all over. Commissioner Winton: You can pass -- you know what you -- we'll pass this one, much like we did on Biscayne Boulevard, where we took -- put two different things in place, so we started with getting some assurance, and then we moved tighter, and I think we ought to do the same thing here, so we passed whatever we're going to pass today, and we'll introduce a new ordinance today that can -- Vice Chairman Sanchez: But, Johnny, let me caution you on that. Commissioner Winton: I mean -- Vice Chairman Sanchez: It goes back to first reading. Mr. Maxwell: Yeah. Vice Chairman Sanchez: No matter what significant changes you make, it goes back to first reading. Commissioner Winton: No. Commissioner Regalado: No, no, but what he's saying -- Commissioner Winton: No, no, no. No, no. City ofMiami Page 82 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Regalado: What he's saying is the same thing we did with Biscayne Boulevard. Commissioner Winton: Yes. I'm saying we pass something here today and then we introduce a - - an additional ordinance that will accomplish the objective he's trying to accomplish. It will have to go to two readings. Mr. Dickman: Yeah. Commissioner Regalado: And the Planning Board, right? Commissioner Winton: And the -- wherever it's got to go. Mr. Maxwell: Yes, it would have to go through the whole process. Commissioner Winton: So -- Commissioner Regalado: And -- I think -- I think Johnny makes sense with what he's saying. Let me just say that even if it has to go through the process of two readings with the words " complete and approved," even if it takes two months -- maybe two months, more or less, we'll still be ahead of the developers because an approved permit -- anybody can tell me how long does it take -- ? Madam Planning Director or Lourdes, anybody can guess how much time does it take for a complete and approved permit of a building? I mean, the works -- plumbing, electrical, Building, Planning, Zoning, Fire, Police, United Nations. I mean, you name it, whatever. Ms. Slazyk: The amount of time it takes to get a building permit is difficult to estimate, because on each -- they're really case by case. If a set of plans come in and they comply with all the codes, they can get a building permit in a couple weeks. If it's a bigger building, it's more complex and they don't meet codes, and they have to make lots of revisions, it could take a couple months, so I -- there's no way you could guess how long it takes to get a building permit. Commissioner Regalado: You've been very -- Ms. Slazyk: Big buildings can take six months. Commissioner Regalado: Exactly, because we heard complaints here of developers of six and seven months. Ms. Slazyk: It all depends the shape that the plans come in. If they're in great shape, they go through faster. Commissioner Winton: And, typically, when people get in a big hurry, there are mistakes, and we will count on our staff to be extraordinarily thorough in the review of these rushed -in plans so that we make sure we catch all the errors. Mr. Dickman: Mr. Vice Chair. Vice Chairman Sanchez: Yes, hold on. Commissioner, the public hearing is still open. Why don't we listen from all that are in support. Commissioner Regalado: Sure. Commissioner Winton: And could I -- Vice Chairman Sanchez: And then we'll open it up. City ofMiami Page 83 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: I want to make one point, because I want to hear this -- I wanted to introduce a modification to the boundaries, butt want to hear what you all think about it, and the modification I wanted to introduce is that on the west side of the boulevard, from U. S.1 to Southwest 26th Sfreet, west side, so U. S.1 to Southwest 26th Sfreet, that area not be included in the moratorium, and so -- it's a very different area; there's a lot of commercial along there, but I want to hear what you all have to say, so -- Commissioner Regalado: It's all commercial. Commissioner Winton: Yes. Commissioner Regalado: Actually, it's all commercial, that area. Vice Chairman Sanchez: Open to the public. Commissioner Winton: And it's much like we did along the Biscayne Boulevard Corridor, if you remember. We changed -- we started off on one -shoe -fits -all, and then we figured out that that's really not the facts, so we did some modifications, and I'm looking at the same kind of thing here. Unidentified Speaker: Would you consider that a substantial change? Commissioner Winton: No, he won't, or I wouldn't do it. Mr. Dickman: Mr. Chair. Mr. Vice Chair. Welcome back, Mr. Chair. Chairman Teele: Missed you, butt watched you. Mr. Dickman: OK OK. Couple of things, and there may be one other issue that we need clarification on. What's on the table is the two-step process, which would accomplish -- have a follow up ordinance, starting now, which would clarify the things that we're talking about, but the other thing that I wanted to ask is, we received a memo from the City today clarifying some issues about the abutting of residential areas -- when commercial is abutting residential areas, and the step backs and things like that; that, we believe, we need some clarification on. If, in fact, that is the position of the City, it would, in essence, we think -- and we would like to know what staff says -- would that make the current applications incomplete, and if they are incomplete, then we have time to perhaps go to first -- bring this one back to first reading and come back in a week. I know it sounds a little complicated, but you know what I'm talking about, right, the -- Mr. Maxwell: Before she comes forward, could I read the definition in the zoning ordinance of application complete, and then she could -- with that as a backdrop, she could respond? Is that OK with you, Mr. Chairman? Chairman Teele: Yes, sir. Mr. Maxwell: Section 2502 of the Zoning Ordinance, contain the following definition of a complete application. "An application for approval sought pursuant to the Zoning Ordinance of the City ofMiami, as amended, shall be deemed complete if it is on a form approved by the City, and all applicable information is provided by the applicant on the form or attachments, as necessary, at the time of its filing, and it has been reviewed and signed by the appropriate official, and if all required fees are paid" Mr. Dickman: And the question would be, the current projects that we're most concerned about, would they be under this new interpretation or -- not new interpretation -- your interpretation, City ofMiami Page 84 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 would this be deemed complete or incomplete? Francisco Garcia: Good afternoon, Mr. Chairman, Commissioners. Francisco Garcia, Zoning Administrator. The interpretation issued yesterday that Mr. Dickman makes reference to is explicit in addressing this issue. It says this -- and I'll read directly from it. It says that Wan application or a building permit presented or any application generally receives explicit zoning approval, then it shall continue as -is and move forward. However, if it has not received explicit zoning approval"— and that is defined further -- "explicit zoning approval is intended to mean a signature initial or electronic approval in the building and zoning electronic permit system from the zoning division staff indicating that the proposal, as presented, has been reviewed and deemed in compliance with all applicable zoning regulations." If it has already undergone that review and that scrutiny, and it has been signed off and approved by the appropriate zoning official, then it continues to move forward in all fairness. If it has not, then it will not be deemed incomplete, but it would have to be revised to come in compliance with the setback that he's referring to. Does that answer your question? Mr. Dickman: It helps, yes, quite a bit. Mr. Garcia: Very well. Mr. Dickman: In other words, we're trying to find out what condition the cow is in that's in the barn, and whether it's getting ready to get out or not. Commissioner Regalado: OK Mr. Chairman, just one second. Let me -- here, according to Planning Department, we have the following pending permits, which will be included in the moratorium. One is 2301 Southwest 27th Avenue; 2400 Southwest 27th Avenue; 2415 Southwest 27th Avenue. These are the ones in the pipeline now, in the moratorium area, and they all are multifamily units, new condominium, new construction. This is besides those under construction on the west side of 27th Avenue, and we're not including the one right next to the Metrorail because that's another issue, but this is one, two, three within the moratorium area. These are pending permits. Now, that -- Francisco and Lourdes, that explanation, what does it do to these pending permits? Mr. Garcia: I received the inquiry about, I believe, those particular permits earlier today, and we have checked for those. Those have -- in fact, only one of those properties has presently submitted a full set of plans for a building permit that has been received as a complete application. However, that application has not received zoning approval yet. It was reviewed by zoning, but it was rejected with certain comments, so that they will still have to abide by the interpretation that was issued today. I should clarify for the record, as well, that the interpretation was issued yesterday, and that it is subject to appeal within 15 days, so until those 15 days elapse, we're not out of the woods, so to speak. Commissioner Regalado: So suppose that we say "complete" is good enough with this interpretation, Mr. City Attorney, but the ordinance -- the moratorium starts immediately, and he's talking about 15 days. Mr. Maxwell: What he's saying is that his interpretation is subject to appeal within 15 days. If someone appeals it, then it has to go through the whole process. Commissioner Regalado: I understand that, but this moratorium starts immediately. Mr. Maxwell: Yes, sir, it does. Commissioner Regalado: And it includes that. City ofMiami Page 85 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Maxwell: No, it doesn't. Commissioner Regalado: A complete -- complete -- the word "complete." Mr. Maxwell: His interpretation is separate from this moratorium. Commissioner Regalado: No. Mr. Maxwell: The Zoning Administrator is -- Commissioner Regalado: No. Excuse me. His interpretation is about the word "complete," right? Mr. Maxwell: No, it's not. It's not. He uses the word "complete, " but it's not complete in this scenario. Commissioner Regalado: Then we go back to the same -- Mr. Maxwell: He may want to explain the difference there. I think that would be a good idea. Mr. Garcia: What the interpretation seeks to do, gentlemen, is to clarify the application of an already existing height setback or separation between tall buildings that directly abut residential properties. That's what this interpretation does. As far as that interpretation goes, the 15-day appeal period applies. That is a separate issue from the moratorium that you are considering today. Chairman Teele: All right. Mr. Attorney. Mr. Dickman: I think, in an abundance of caution, we like the two-step process as it's very convoluted, and I think the attorney -- we had a conversation earlier -- I agree that something ultimately needs to be passed that clarifies this process, because you're going to be dealing with this issue over and over. I understand what -- I mean, they've made a policy determination that is subject to appeal, and that policy determination affects the completed status of projects that are on the avenue, so there's different levels of things at play here. In abundance of caution, adopt what you have before you tonight, with your attorney's suggestion of 40 feet, so that he's comfortable with that, and then, on an expedited basis, we would ask that you immediately bring forward another ordinance that puts in development permits, the approved applications, and we would be more than happy to work with any of your staff to develop a policy procedure ordinance that will give you relief in this type of process. Zoning in progress is something that you could look at. Mr. Maxwell: IfI may, Mr. Chairman. Mr. Dickman referenced a couple of things that I hadn't actually said before, butt had -- as he pointed out, I had discussed these items with him, and the information is included in the legal opinion that we submitted to you last week. The 40 feet that he says that we're suggesting, we aren't suggesting -- yeah, we aren't suggesting 40 feet. That is clearly a Commission prerogative, with Planning Department recommendation, so whatever height limit you may decide upon, that's within your purview. The other thing is, as Mr. Dickman pointed out -- and I talk about in the legal opinion of last week -- is that we do need to - - I would suggest to you that you want to direct us -- after the conclusion of this item, direct us to, immediately, along with the Planning Department, initiate promulgation of a zoning -in - progress ordinance, and also -- I think Mr. Dickman pointed out -- he may want to ask you to include just some language here that raises the red flag, under the red flag doctrine. So, two things: One, if -- and also Mr. Dickman asked about the development permits, which is a -- quite a substantial change from what's in front of you now, and if you want to go back to the two-step process that you used on the upper Biscayne Corridor, and start a new moratorium through the City ofMiami Page 86 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 process, you need to tell us that that's what you want in there. Commissioner Winton: I think we just did. We said that 15 minutes ago. Mr. Maxwell: Development permits, not building permits. You've got building permits now. He's asking about development permits. That's a term of art -- statutory term of art. It is far more inclusive than a building permit. Commissioner Winton: Well, help us understand it, then, but we'll come back to that part of the conversation. Mr. Maxwell: OK. Chairman Teele: Well, isn't the best way to understand it, to draft up the ordinance? Mr. Dickman: Yeah. Chairman Teele: And then present the ordinance for discussion? Commissioner Winton: Yeah. Commissioner Regalado: But we need it now. Commissioner Winton: Yeah, we want it tonight, though. Mr. Maxwell: You can't do that today. Commissioner Regalado: Why not? Commissioner Winton: Why can't we? Mr. Dickman: We can help draft the -- Mr. Maxwell: It needs to go back. Mr. Dickman: -- second ordinance and bring it -- Mr. Maxwell: He's talking about the second one, the second ordinance. Commissioner Regalado: And we're talking about the second one. We're talking to do the second one today. Mr. Maxwell: No, sir. Commissioner Winton: Why? Mr. Maxwell: You need to initiate the process for the second ordinance. Commissioner Winton: What does that mean? Mr. Maxwell: I would suggest you want to send it back through, at least first back -- you'd have to have two separate first readings on that ordinance. I would suggest you may want to send it to the PAB (Planning Advisory Board), too. Vice Chairman Sanchez: Johnny, ifI may. See, that's the concern that I have, listening to the City ofMiami Page 87 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 debate back and forth. It's been so modified, and so the City Attorney states on the record that because of the modification, to safeguard this so-called legislative action we're about to take, you know, it's subject to appeal, and if you don't do it right, you know, and the loopholes are there, they're going to come back, and no matter all the hard work you've done, you're going to destroy it, so go back, get it through the pipeline, get it done right so we don't -- we're not faced with that, because if we pass it now -- Commissioner Regalado: No, no. Vice Chairman Sanchez: -- it only takes one person -- hold on. Now, let me explain it to you, because I've been back and forth listening to this. Commissioner Regalado: That's what Johnny Winton said. Do this now and do another one immediately today. Mr. Dickman: Right. Second reading tonight. Commissioner Regalado: That's exactly what he said. Vice Chairman Sanchez: But hold on. Mr. City Attorney, could that be done without requiring this to go back to first reading? Mr. Maxwell: No, sir. Commissioner Winton: Well, no, no, no, no. Joel -- Commissioner Regalado: But he's talking -- Commissioner Winton: Joel, Joel, Joel, Joel. Commissioner Regalado: He's talking about first reading. Commissioner Winton: Joel, we're talking about this ordinance that's in front of us. We can, in fact, pass this ordinance that's in front of us tonight, with the minor modifications we're making. Mr. Maxwell: Oh, you can do that, but -- we talked -- see, we're talking pass each other here. Commissioner Winton: Well, you -- Commissioner Regalado: We're talking different -- Commissioner Winton: Two different things. Commissioner Regalado: And then you write an ordinance in five minutes, and bring it back. Mr. Maxwell: Now, that's what you can't do. Commissioner Winton: Yeah, that's -- Commissioner Regalado: Why not? Mr. Dickman: We're going to do the Johnny Winton two-step -- Biscayne Boulevard two-step here. City ofMiami Page 88 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Maxwell: I think Mr. Dickman is on the same page with us. I think he -- Commissioner Winton: Yeah. Mr. Maxwell: -- agrees that that's a problematic -- Commissioner Winton: I guess I remember that we did -- when we did the 40-foot -- Mr. Maxwell: You did it -- Commissioner Winton: -- it did go through the processes; did it not? Mr. Maxwell: You went back to first reading, but you didn't go back to the PAB, and there's a difference. You're just changing the height. He's asking for a lot more this time. He's asking for a lot more. Commissioner Winton: I understand. Commissioner Regalado: OK Chairman Teele: All right. Ladies and gentlemen, this is -- have we heard from the opponents yet? Mr. Dickman: Yes, we have. Chairman Teele: Have we heard from the proponents? Mr. Dickman: No. And I've taken way more than my five minutes, and I apologize, and I also want to apologize to the attorney. I didn't mean to say that you had said that. Chairman Teele: Don't worry about the attorney in apologizing. Mr. Dickman: OK, fine. Chairman Teele: Let's hear from the -- Mr. Dickman: Thank you, sir. Chairman Teele: Let's hear from the proponents. How many people need to speak on this? After the -- Let's hear from the president, and we'll give her as much time as she needs and then, hopefully, that will limit how many people -- now how many people, after the president, are going to want to speak? Commissioner Winton: Well, we heard all of you the last time, so unless you're going to have something new to offer, I don't want to sit here and listen to all of it again. Josefina Sanchez Pando: There are many new ones. Commissioner Winton: New what? Ms. Sanchez Pando: Persons. Commissioner Winton: There's not going to be a new point. Ms. Sanchez: No, no, no new points. City ofMiami Page 89 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Dickman: Just don't be repetitive. Chairman Teele: OK. Madam President -- Commissioner Regalado: But -- Chairman Teele: Madam President, I'm going to recognize you. You speak as long as you want. After you speak, anybody who says something repetitive, we're going to turn off the mike and say next case, OK, because we're not going to have everybody just giving their -- they're probably running for president after you. That's what they're really probably frying to do, half of them are Mr. Dickman: Just so you know, there are other associations that are here now. Commissioner Regalado: I was -- Chairman Teele: Other neighborhood associations? Ms. Sanchez Pando: Yes, sir. Commissioner Regalado: I was going to mention -- Mr. Chairman, I was going to mention that we have here two presidents of homeowners associations in the area. Ms. Sanchez Pando: No. More than two. Commissioner Regalado: We have -- Ms. Sanchez Pando: Three, four, five. Commissioner Regalado: -- Grace Garrido from -- Chairman Teele: OK. We're going to recognize each president of the association to speak, and then we'll go and see where we go from there. Madam President. Ms. Sanchez Pando: Sir. We are here only worrying about one word that came out of your knowledge -- I'm talking to you, talking to you -- with the knowledge that you have of law, you supplied Commissioner Regalado, who is not a lawyer, the word "approved". You said -- and I'm quoting you. It's on tape. I don't care who reads it and who interprets it, it's on tape and it can be played over and over again. You told Commissioner Regalado that so -- what Commissioner Winton says, it starts here and it ends here and we don't want to get the horse out of the barn. The word that Commissioner Regalado needed to put into his resolution was " complete and approved." You repeated it more than once, and so did he. Then the discussion of the rigamarole, Item Number 22, so and so, so and so started and at the end somehow, somewhere, as it sometimes happens, the word got left out. The only thing we want here and now is that that word be put in, "complete and approved," by you people. If it takes to go back to a first hearing, a kindergarten hearing, a before -birth hearing, we want "complete and approved." Thank you. That's all I wanted to say, and I also wanted to let you know, last night on 27th Avenue, at the Baptist Church of the Nazarene, we had a union -- we had a conference with presidents of other associations -- I don't want to -- here are the names of the associations, the persons who were all present. We will now be called the Miami Homeowners -- what was it? -- Coalition, so that every time anyone -- like for example, we have Silver Bluff Vizcaya, and Miami Roads, and River Action Team, and Spring Garden, and (UNINTELLIGIBLE) Park, and Grove Park, when anybody needs anybody, we will all be here. The only thing we want is, please don't permit mistakes that hurt people to go unnoticed. We want it "complete and City ofMiami Page 90 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 approved," and I would like now to acknowledge the rest of the other presidents. Please come in line. Identify yourself and come over and we want -- all of us -- want it "complete and approved, " if we go back to the drawing board. (APPLAUSE) Ms. Sanchez-Pando: I'm running to be up there one day. You need a lady up there. They're ugly. We need a flower sitting in there. Graciela Solares: Dear Commissioners, my name is Graciela Solares. I am the president of Miami Roads Civic Association. Since we are all feeling the ill effects of the over -development as a result of the inadequate Building Code, the citizens ofMiami and, more specifically, the neighborhood associations wish to take a more active role in expecting the protections of the needs and interests of the citizens by our elected officials. As a result, we have come together to speak with one voice, one front, that will hopefully get the attention of this Commission. Therefore, the Miami Roads Neighborhood Association wishes to express our full support for the 90-day building moratorium that is before you today, on behalf of the Silver Bluff area. We're further requesting that the two Commissioners now representing the Roads initiate a similar moratorium on the Coral Way, 3rdAvenue strip within the Roads section, where the homeowners are overwhelmed and overburdened by the abusive and aggressive development that is taking place at this time. Thank you so much. (APPLAUSE) Grace Garrido: Good evening. Grace Garrido, 3620 Southwest 20th Street, Coral Gate Homeowners Association, secretary and steering committee member. We are in complete agreement with Silver Bluff and with the moratorium, because development is growing crazy, and Coral Way, 27th, 22nd, 17th can't take any more. You already know about all the intersections that are rated "F, " so please help us. Thank you. (Applause) Chairman Teele: All right. Thank you very much. Ladies and gentlemen, let me, first of all, thank those of you that are new and this is your first time coming to our City Hall -- your City Hall. We want to thank you for coming. One of the rules of decorum that we have is, we don't allow applauding or booing or -- you know, this is -- the Heat -- when will the Heat be playing in town, Sunday? Huh? When will the Heat be playing in Miami? Commissioner Regalado: Well, they won yesterday. Chairman Teele: Yeah, but they -- the Thursday and Saturday -- Commissioner Regalado: You can watch TV and applaud, too. Chairman Teele: Huh? Well, in any event, stay tuned for the Miami Heat and you can go and applaud, and boo, and jeer, and do what you want to, but here at City Hall, we're asking you to please conduct yourselves in a manner that is consistent with the way we're trying to project the image of the City as one that respects all rights, and people are free to speak their opinion without fear of being applauded or booed. Thank you very much for being here. And let me thank all of the homeowners associations that have come together last night in the meeting, and that are going to be clearly, as I've said, -- and I think several of my colleagues have noted -- there is a great deal of concern about development. I'm hearing it all the time now, the rate that the City is moving in, and we hope that your thoughts and your presentations will be very thoughtful and will not necessarily be reactive, but we do really need to hear from the community, so we welcome you and the homeowners' association to come to City Hall, and to City ofMiami Page 91 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 form partnerships, as you're doing. Thank you very much. Yes, ma'am. Deborah Trujillo Carpenter: My name is Deborah Trujillo Carpenter, River Park Neighborhood Association. Thank you very much for giving this issue the time that it deserves and for allowing the communities to speak. We do agree that the moratorium is an excellent idea. The language should have been put in there the way it was apparently -- everyone thought it should have been at the last meeting. Substantial change is what is happening to Miami. I understand this is a substantial change to the amendment, but not according to what everybody thought had happened at the last meeting. Substantial changes is happening to our City and it is happening without a plan, and it's affecting long-time residents, and new residents, and new homeowners negatively. Our quality of life is being affected. Development permit, instead of building permit, I also agree with that. That language should be included, because you can always find a loophole, if you're not careful. Commercial residential, all buildings should be scrutinized more carefully for green space. I know that the zoning has been, in the past, interpreted so green space has, in fact, been lost at eye level, if you're on the ground. Scale compared to other buildings should also be in consideration so that things that happened, like has been happening in Spring Garden, do not happen. The impact to the infrastructure in the schools is obvious to anyone who gets in a car and drives around Miami. Thank you very much. Chairman Teele: Thank you again. Please don't applaud. Thank you very much. Yes, sir. Now, do we have -- I'm restricting to president of associations. Hugh Ryan: Believe it or not, yes. Chairman Teele: You're new here, aren't you? Commissioner Regalado: No. He's -- Mr. Ryan: Thank you, Chairman, Vice Chairman, Commissioner Regalado. Commissioner Regalado: He works in the shadows always. He's a (UNINTELLIGIBLE). Mr. Ryan: In the back room, yeah. Thank you, Commission. Hugh Ryan, 1860 Southwest 11 th Street, Miami Shenandoah Neighborhood Association, President. Commissioner Regalado: And we want to thank you and thank all the Shenandoah Homeowners Association for the tree planting ceremony that was done several weeks ago on -- in April. It was great and I got to tell you that it looks different. It looks different. Thank you. Mr. Ryan: Thank you. And likewise, towards the City, a tremendous help, and we'd like your help on this issue, too. We are in support of our neighbors in Silver Bluff. We are adjacent to them. However, you know, this affects us in more ways. All of our neighbors are watching this, looking to see if this moratorium of approved plans goes through, because we're looking at Coral Way and 8th Street in the same way that Silver Bluff looks at 27th Avenue. We support smart growth throughout the City. However, 16-story towers next to single-family residential areas is not smart in any way. It affects our quality of life, and it should not be allowed. We look forward to the master plan and/or the zoning changes, and we see this moratorium as a way to prevent, you know, rapid process of plans and all that, in anticipation of this master plan so, you know, just thank you very much and please support it. Chairman Teele: Look forward to you continuing to come back. Thank you for your contribution. Mr. Ryan: Thank you. City ofMiami Page 92 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Regalado: Hugh, Hugh. Chairman Teele: What other presidents of association do we have here? Please come forward. Gustavo Chacon: Thank you. Gustavo Chacon, 1051 Northwest 18th Avenue, Friends of Sewell Park Association. We support strongly and we'll ask from you to maybe extend the moratorium further out. We are all in the same block. We have the same problem in every neighborhood. Thank you very much. Chairman Teele: Thank you very much. Thank you for being brief. Well -- Jay Veber: Good afternoon. Jay Veber, Spring Garden Civic Association. It's amazing. Chairman Teele: You brought out the heavy guns, huh? Mr. Veber: Yeah. That little tiny neighborhood? You've got to be kidding me. We're not even four blocks wide. Chairman Teele: That's where I live. Mr. Veber: I know. Since the last time I was here to speak with all of you, it's amazing the number of phone calls and e-mails that I've gotten. There's a ground spring of public support that's growing all over this City from Coconut Grove to Buena Vista to Allapattah, and from what could gather last night at the meeting at the church, I think everyone there really wants to see smart growth happening in the City ofMiami, and think what's been happening is growth, not smart growth. I think the moratorium is a good idea. Spring Garden supports it. It gives this area a chance to sit back and take a deep breath to look at the legal ramifications of the projects that are going up in the area. We don't need legal problems. You know, we need solutions and we need to grow together, and I think this is a good step. We support this moratorium. We'd like to see one on the middle river, too. Thanks for your time. Joe Corral: I'm Joe Corral. I live at 2411 Southwest 23rdAvenue. I'm with Silver Bluff. I wanted to ask a question. I want to see -- referring to -- this is a specific question, referring to the ruling today by Francisco Garcia. I'd like to see if it's possible to acquire the same standard of complete and approved to this document, because this is very vague about what projects and what status they're going to be applying. It talks about some explicit zoning approval. It talks about intended to mean signature, initial, electronic approval from zoning division staff. It doesn't mean anything. We need to know -- we're here to fight two projects, that's it. For right now, we want to stop the Lexar (phonetic) and we want to stop the Catalonia. The moratorium, as it stands, is not going to either one of them, so this particular zoning ruling by your zoning staff would require both those projects to be redesigned in a manner that which we could accept, but the way it's written, it's very vague, so all we're saying is, why can't this particular document be applied the same -- what is it, zoning complete and -- what's the word? Complete and approved. This should be complete and approved the same way the moratorium is, and I'd like to find out, is there a way for us to require that? Because that would require those projects both to be redesigned, and if the City's staffs already agreed that the current zoning is not being consistently applied, why should those projects move forward without being -- Commissioner Regalado: Excuse me. It would be included, and that's why I was asking about the 15 days. It would be included in the second round -- Mr. Corral: Well, this is -- but this is a different thing. This is -- Commissioner Regalado: Excuse me. I asked -- you were here. I was asking the 15 days and the ordinance and the opinion of the Zoning Director, because it's part -- it would become part of the ordinance, but since it has -- City ofMiami Page 93 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Corral: I respectfully think that you're -- I don't think you're -- Commissioner Regalado: Mr. Attorney, did I -- Mr. Corral: Maybe I'm confusing. I'm talking specifically about this ruling by the City staff. Commissioner Regalado: I said that that should be part of the ordinance, and they said about the 15 days, the appeal. That's why we were discussing it should be included on the second round of ordinance -- Mr. Corral: But this is -- Commissioner Regalado: Where the word "approved" has to deal and show with all the permits and permits -- development permits. Mr. Corral: But, Commissioner Regalado, with all due respect, I'm not talking about the ordinance. I'm talking about this finding by the City staff -- Chairman Teele: All right. Well, why don't you let him answer your question? Mr. Corral: OK. Chairman Teele: Why don't you let the -- Mr. Corral: Well, I want to make sure we're not talking about the ordinance. We're talking about the memo. Chairman Teele: Why don't you let him answer the question. Commissioner Regalado: No. But I've been telling him that it would be included in the second round of ordinance. Mr. Corral: But I'd like to get something done as soon as possible, rather than waiting for the second one to go through the process. That's the only point of this. Chairman Teele: But you know what the problem with what you're saying? The problem with what you're saying is, you want to get something approved as soon as possible. What you want to get is something legal and binding approved as soon as possible, and you need to let the lawyers and the staff work with you, and Commissioner Regalado is giving, I think, very good direction in terms of it has to be done, as the attorney said, in his opinion, in a two-step process. Is that where we all are? Mr. Maxwell: Yes, sir. Chairman Teele: Now, everybody who wants to see it done in a one-step process, raise your hand. OK, good, so everybody passed the course. So we're all in agreement that we want to do this on a two-step process, so -- Unidentified Speaker: Complete and approved. Chairman Teele: Complete -- Commissioner Regalado: Complete and approved City ofMiami Page 94 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: -- and approved. Commissioner Regalado: And that memo is part of the second ordinance. That's what I keep telling you. Chairman Teele: The memo, candidly -- the Commissioner has spoken. The memo is a part of the second ordinance. All right. Now, is there something -- have we heard from all of the association presidents? Mr. Corral: Not association -- Chairman Teele: All right. Is there something new that every -- that somebody would like to add? If so, please come forward. You'll be recognized for two minutes. If you repeat what has already been said, we'll be asked -- forced to ask you to curtail your remarks. How many people are going to want to come up? One, two -- fine. Three. OK, very good. Three people. Good. Yes, sir. Ma'am, why don't you take that podium. John brown: My name is John Brown. I live at 2300 Southwest 24th Sfreet, homeowner, and my comment is, I'm looking at the next item on the agenda, P.7, the Kubik Development in Morningside, and I saw that at the previous meeting as an example of what -- how a project should be conducted. I watched that whole hearing, and I was amazed at how this architect -- world class architect came forward, developed this plan, worked with the whole neighborhood, the homeowners, the businesses, everybody to develop a good, smart growth project, and I wanted to see that -- I wish I had that in our neighborhood to prevent Catalonia from coming in. If the architects of the Catalonia had worked with us, maybe there would have been still a Catalonia, but it wouldn't be the kind of -- the cheap Coral Gables Mediterranean kind of junk architecture that they're trying to force on Silver Bluff. Chairman Teele: Well, thank you for your remarks. Now, you -- are you going to stay here for the Kubik? You're going to speak for them, too? Mr. Brown: No. I'm going to watch it on TV (television). Chairman Teele: OK, you're going to go home and watch it. OK, good for you. Thank you for your comments, and we -- I think everybody on this Commission is saying we really want the architects and the developers to work with the community. I don't think there's any -- I know there's nobody up here that feels differently about that. The beauty of the architecture, of course, is another issue, and that's in the eyes of the beholder. Sir, ma'am. Catherine Pooler: Yes. Commissioner, thank you. Chairman Teele: Was there one other man -- gentleman that wanted to speak? Yes. Sir. Ms. Pooler: Commissioner, my name is Catherine Pooler. I live on 23rd Sfreet, approximately 500 feet ftom the Lexar Condominium that's supposed to be coming at 2301, and listening to the Commission, I want to tell you, I appreciate that you are trying to protect the residents in this neighborhood, and from my experience in life, we're all in this neighborhood for the long haul. It's a wonderful neighborhood. If it takes an exfra ordinance, if it takes The Texas two-step, we're all in it for the long haul. If it takes a little bit longer to do it right, I support this Commission. I know the Vice Chairman learned that, his many years going to court in Dade County. If you want to do it right, sometimes it takes a little bit longer, and I'll come to every meeting if it takes a little bit longer. Thank you for your attention. Chairman Teele: Thank you for your remarks. Thank you for your kind remarks. Yes, sir. City ofMiami Page 95 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Arsenio Milian: Thank you, Commissioners. My name is Arsenio Milian. I -- I'm her neighbor, so we live very close to where the Lexar Condominium is going to be. Chairman Teele: Give us your address for the record, for the Clerk. Mr. Milian: It's 2657 Southwest 23rd Street. I just want to say that we are in agreement with the bifurcation that you're frying to do. However, we would like to see the second step to be expeditiously done to prevent any of these horses from getting into the barn. That's number one. Number two, I'd like to discuss about the situation with the special district and the ad hoc committee. In fact, this committee, what it's trying is to get information from the Planning Department and to be educated as to what they have done at the Biscayne Boulevard to see if we are in agreement, or if we want to tailor it for our area. We don't have any problems after that to be meeting with whoever the developers are. We're not opposed to developers, as long as it is smart development, and I think there will be opportunities, during this 90-day moratorium, to have public hearings where their opinions can be expressed -- could be expressed. I appreciate it. Thanks. Chairman Teele: Thank you very much. Now, that will conclude -- are there any other persons here -- Commissioner Regalado: Mr. Chairman Chairman Teele: Before you do, are there any other persons here in support or opposition that need to be heard? Now, we let the people in opposition speak. Is there anybody in opposition that has a rebuttal that needs to be put on the record? All right. If not, the public hearing is closed. Thank God. All right. Commissioner Regalado. Vice Chairman Sanchez: All right. Commissioner Regalado: Mr. Chairman, I think that everybody agrees that we have to do it right. I think that everybody agrees with Johnny's idea of doing this today, so we have something real in place and bring, as an immediate ordinance, the second tier, which will include the assurances of complete and approved. Also, whatever amendment Commissioner Winton wants to include, and also all the assurances that the opinion of the Zoning Director regarding the setback and all that are included in that second tier ordinance, but it is important to understand that there is no tremendous pressure on the residents and on the staff to come up with a new set of code -- Zoning Codes for the 27th Avenue Corridor. If you, on the 89th day of the moratorium, do not have anything, and the administration and the residents are still debating, I just want to make sure, Mr. City Attorney, that because of that circumstances, we could extend the moratorium without all these steps and hurdles for 30 days, until everything is completed. I mean, that -- what this mean is that, 90 days -- guess what? They didn't do it, so the moratorium is off. Mr. Maxwell: I would suggest to you that -- well, first of all, you would be amending an ordinance, so there are steps you'd have to go to. You'd still have to give notice, so we do not want to wait until the 89th day. We need to know substantially in advance of that, if there's a problem. Commissioner Regalado: OK I just want to make sure that we can extend the moratorium, so we would need to know by half of the -- Mr. Maxwell: Yes, sir, because you still have to have two readings -- Commissioner Regalado: -- of the period established that we need to extend for 45 days or 30 days. I just want to -- City ofMiami Page 96 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Maxwell: This wouldn't have to go back to the PAB, but you'd still have to have two readings. Commissioner Regalado: OK, OK. Commissioner Winton: And I learned something just now, relative to the Biscayne Boulevard thing. I think you might want to add something in here also. The real mission is to fix the problem. That's what everybody here wants. They want to fix the problem, so -- and once the problem's fixed, you want to lift -- you want to be able to lift the moratorium. We can't lift the moratorium on Biscayne Boulevard because it's an ordinance. We fixed the problem last week, but we can't lift the moratorium, so that isn't what anybody wanted, and I didn't think about that when we were moving through that process, so I think in this one, we ought to put that fix in there. When we adopt -- when the ordinance becomes law, then you ought to put a clause in here that says, when it becomes active or law, or whatever you call it, the moratorium -- whatever how far it is-- it ceases, it sunsets on the date that the -- Ms. Slazyk: The effective date of the new -- Commissioner Winton: Yeah. Ms. Slazyk: -- of the curative ordinance, yeah. Mr. Maxwell: We have had that in previous ordinances, moratoriums. It wasn't in this one, but what we do is you tie it to the study, and you tie it to the ordinance that is adopted in response to the study, and say when that goes into effect, the other one automatically ends. Commissioner Winton: And it is the effective date so that there's no gap. You don't want a gap in there. Chairman Teele: All right. Mr. Attorney, read the amended -- Vice Chairman Sanchez: Mr. Chairman, I -- Commissioner Regalado: No -- Vice Chairman Sanchez: I would like to be recognized on this matter. Chairman Teele: OK, we will, but let's just agree on what we're dealing with now. Read the amended ordinance that's before us now. Mr. Maxwell: Well, you don't -- I need a little information. Once -- that was the discussion. I need to know what amendments you actually want. There is discussion about the height limits, and so I need to know what height limits you're talking -- Commissioner Regalado: The height -- Chairman Teele: Hold on one minute. Before you do, Vice Chairman Sanchez, did you want to be heard before that began? Vice Chairman Sanchez: I would, because this is going to be very confusing, and I think we need to straighten that out. Chairman Teele: OK. City ofMiami Page 97 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Vice Chairman Sanchez: I mean, there's a lot of confusion on the language that we're going to adopt here today. Commissioner Winton: OK. Vice Chairman Sanchez: Let me just say that, you know, it's taken all the homeowners associations to come together to face this concern, because it's a big concern. You know, five years ago, when this City was at the verge of bankruptcy, we had to open our doors to allow development to get us out of a jam. Well, with time now and all the development that's going on, I think we need to start closing the gap and start to analyze ways that we could find other revenues for the City. Now, there is a lot of development going on, and at times, there's a lot of issues that people need to understand. We have -- we're required by law every seven years to do a neighborhood comprehensive plan. Every seven years we have to do it. As a matter of fact, my office right now is working with the administration to start working in my district to basically look at things that we could do to focus on the goal that we want to accomplish here, which is to do away with poorly planned development, to focus on smart growth, and I think that we could do that, focusing on better planning. Let me tell you, the planning review process needs to improve tremendously. There are buildings now that are called "as -is properties" where they don't require planning review. They have a property, they could build whatever they want, and you're seeing a lot of these buildings that come up, and they're coming up and then, when they're done, you drive by and you go, how did that get there? Well, there isn't any law to stop that, so I think in the process that we're going through -- and let me just speak for myself. I'm holding back and letting -- learning from Commissioner Winton, who presented his moratorium on the Upper Eastside. I'm holding back and seeing how Commissioner Regalado does it and, you know, as we go along, you know, there'll come a time where I think every Commissioner is going to have to address that issue, and I want to make sure that when it's done, it is done right, so having said that, the language that is right now on the table -- and one of my concerns was that we got to do it right. It's got to be done right, because all it takes is just one person to appeal it, and if you have a loophole, then you've just wasted five or six months, and you're going to have to be -- you know, the first step trying to climb that ladder to get your stuff accomplished, so we got to do it right, and Mr. City Attorney, you know, you need to be very clear, because I'm a little confused here. When you say that the modification sets it back to first reading, and then Commissioner Regalado says, no, it doesn't, I mean, we need to all understand that if there's a significant change to that first legislative action that we took, by law, we have to go back to first reading. Now, I also want to state that in the next couple of months -- and I do have several homeowners associations that are here that represent. That's the Roads Homeowners Association, which I live; Grove Park, Glen Royal, Vizcaya Homeowners Association, which Mr. Morales was here -- he's here and, of course, East Shenandoah Homeowners Association, which I didn't know, but they're part of my -- they say they're east of 17th Avenue. I welcome you. We will be having meetings in the next couple of weeks or month to focus on that Neighborhood Comprehensive Plan, because I think that that factor, along with other things that come out of these referendums -- I mean these moratoriums will have -- will guide us in the right direction so we can start focusing to addressing a lot of these mistakes from the past that have been able to go on and, of course, you know, you don't notice them that much at the beginning, but now, when you're seeing all these projects go up, you know, and you see them, you go, hey, we have to address the issues, so we will be meeting -- at least this Commissioner is going to be meeting with these homeowners associations in the next couple of months to address the Neighborhood Comprehensive Plan. Then we'll see what happens with Commissioner Regalado's moratorium and Commissioner Winton's moratorium, and then I will meet with my homeowners associations and we'll probably be following the same steps, because, you know, why reinvent the wheel if it's there already? But just want to let you know that, so we want to be very careful on this, how we address it, because we knew that a lot of homeowners associations would come out and say, we don't want anymore of it. Really, you can't turn the faucet from one day to the next. I think it could be done through a process where we communicate, we compromise and we find ways to improve a lot of this development that's going on, because a lot of this development that's going City ofMiami Page 98 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 on, it is poor development, but they're getting away, because there is nothing in the books to prevent them from putting up poor development, and we need to come up with that language to protect the corridors in the neighborhoods that are being affected with it. Thank you, Mr. Chairman. Chairman Teele: All right. What I'd like to do, Commissioners Winton and Regalado, I'd like to make sure that this discussion gets focused so that we don't let the discussion -- or what we call in the law the dictum -- get away from the rule that we're frying to apply here, so can we fry -- Commissioner Regalado, can you guide us to the specific changes or amendments that we're talking about? And let's agree on that, and then let's discuss them. Commissioner Regalado: Right. Chairman Teele: But let's don't have a broad discussion. Let's agree exactly on what the amendments are, so Commissioner Regalado, why don't you and the Director sort of have that dialogue. Ms. Slazyk: I kept some notes here. I don't know if you want me to try to -- Commissioner Regalado: OK. Ms. Slazyk: OK. Commissioner Regalado: OK. What -- we would like to do that, and I guess that we all agree now, is to approve, on second reading, this ordinance. Actually, is it first reading? Mr. Maxwell: No, sir, this is second reading. Commissioner Regalado: It's second reading. Commissioner Winton: Second reading. Commissioner Regalado: Second reading. Chairman Teele: See, this is the frick, this is the frick, this is the trick, this is the trick. Commissioner Regalado: See, it says continue -- Chairman Teele: This is second reading, if you don't make any substantial changes. If you make substantial changes, it's what? Vice Chairman Sanchez: First reading. Mr. Maxwell: It would have to go back to first reading. Chairman Teele: So that's the frick. It is second reading without substantial changes. It's first reading with substantial changes. Commissioner Winton: And so we're going to make sure that we don't put any substantial changes in this. Chairman Teele: So the first thing you want to know is -- Commissioner Regalado: It's the first -- City ofMiami Page 99 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: -- do you want the substantial changes, or do you want to go to second reading? Commissioner Regalado: No, no. Commissioner Winton: No. We want second reading today. Commissioner Regalado: We want second reading, and it becomes effective immediately, this one, and then -- Ms. Slazyk: We start a second part. Commissioner Regalado: -- we start -- Chairman Teele: OK, then we'll sort of -- but let's agree on one thing. We're going to second reading -- Commissioner Regalado: On this one with only a small change that Johnny suggested. Chairman Teele: All right. Commissioner Regalado: Which is not material, because it's only two blocks. Chairman Teele: Before we let Johnny or you do it, let's let staff give us the small changes that they've got down -- written down. Ms. Slazyk: OK. What I've understood from the discussion is that you're going to approve this today on second reading, and there are two small changes that you wanted. One was to add the 40-foot height limit and the second one was to exclude the west side of 27th Avenue from 26th Sfeetto U.S. 1. Commissioner Winton: And I misspoke. Ms. Slazyk: There's a third that you mentioned -- Commissioner Winton: I had 25th. I didn't have 26th, so I just misspoke. Ms. Slazyk: Oh, 25th Street, OK. 25th Street to U.S. 1. Then the third one, which I would like, I guess, the City Attorney to confirm is non -substantive is to add the provision that upon the completion of the 27th Avenue study and the effective date of the curative ordinance that this moratorium would be repealed. It would be void and out of effect. Chairman Teele: Sunset, sunset. Ms. Slazyk: So the moratorium would only stay in effect until the curative ordinance is in place. Mr. Maxwell: In effect. Ms. Slazyk: In effect. Mr. Maxwell: Yes. Ms. Slazyk: Yes. Chairman Teele: Mr. Attorney -- City ofMiami Page 100 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Slazyk: I said when it becomes -- it's in effect. Chairman Teele: Mr. Attorney, that's the question. Mr. Maxwell: That can be done today. Chairman Teele: OK. Ms. Slazyk: OK, so there are three changes we're making on the floor. Chairman Teele: And so now, we're asking Commissioner Regalado does he agree to all three changes? Commissioner Regalado: I agree with the three changes, because I think that coming tomorrow, we have what we call a weak moratorium in place, butt just want to make sure that starting tomorrow, there is a moratorium on the corridor; is that correct, Mr. City Attorney? Mr. Maxwell: Yes, sir, and one clarification on the language that the Director just read into the record. It would be the earlier of-- it's either 90 days or if a curative ordinance -- Ms. Slazyk: The effective date. Mr. Maxwell: -- is adopted and goes into effect. Otherwise, it would still sunset in 90 days. Commissioner Regalado: But remember that this moratorium can be -- Ms. Slazyk: Extended. Commissioner Regalado: -- and will be extended if no agreement is reached. Commissioner Winton: If you don't have results. Mr. Maxwell: Right. Ms. Slazyk: Within 45 days if the curative ordinance is not in process, then we'll bring an amendment to extend it to you. Commissioner Regalado: OK. So, Mr. Chairman, I now -- I would move this ordinance, which Ms. Slazyk: With those three changes. Commissioner Regalado: -- in second reading means that, as of tomorrow, we have a moratorium on the 27th Avenue Corridor. Chairman Teele: Is there -- Vice Chairman Sanchez: Second. Chairman Teele: -- second. A motion and a second. Now, Mr. Attorney, just help me understand this. Who are you and what do you want? Who are you and what do you want on this? Commissioner Regalado: Public hearing is closed. City ofMiami Page 101 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Eduardo Mendoza: Eduardo Mendoza, resident of 17th Avenue and 24th Terrace. Chairman Teele: All right. Mr. Mendoza: My heart is about to jump out of me, and I may have misheard. Did she say west of 17th Avenue or west of 27th? Ms. Slazyk: 27th Avenue. Mr. Mendoza: Thank you. Chairman Teele: Is your heart still together? Vice Chairman Sanchez: We don't need to bring out the fibrillator? Chairman Teele: Now, Mr. Attorney, I want to be very clear on this, because Commissioner Regalado asked you a question and you said yes. Are we -- do you have a procedure now where the Mayor does not have any -- Mr. Maxwell: Well, it's subject to, obviously. Chairman Teele: OK. Well, hold it -- Mr. Maxwell: It's effective, as all ordinances, subject to veto. Chairman Teele: That wasn't the question, though, and -- Commissioner Regalado: The question was -- Chairman Teele: -- and I don't want all these people to hear that discussion and then be told something different, so let's get this story straight. Mr. Maxwell: I stand -- Commissioner Regalado: So the question is, is it tomorrow or ten days to wait for any veto from the Mayor? Mr. Maxwell: Ten days -- it's subject to veto of the Mayor. Ten days. Commissioner Winton: So it's ten days. It's not tomorrow. Mr. Maxwell: Yeah. Commissioner Regalado: So it's not tomorrow. It's ten days. Ten days. Mr. Maxwell: The ordinance says, "effective immediately, " but all your ordinances and resolutions are subject -- Commissioner Regalado: So how about if the Mayor sends an e-mail, says, I will not veto"? Chairman Teele: No, no. Mr. Maxwell: He could sign it tomorrow. City ofMiami Page 102 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: The way that -- no, no. The way that works is -- Commissioner Winton: He could sign it tomorrow. Chairman Teele: -- the Manager -- Commissioner Regalado: He can sign it. Chairman Teele: -- the Commissioner is going to request after this action that the Attorney's Office and the Clerk's Office present this to the Mayor as soon as humanly possible, up to 2 a.m. tonight, or not earlier than 5 a.m. tomorrow morning. How is that? Commissioner Regalado: Well, I wake up at 3, 3:30. I can be at his home at 3:45. Chairman Teele: I think the Attorney and the Clerk get the drift that this has got to be put in legal format, it's got to be -- you know -- checked by two or three people. It's got to go over to the Clerk's Office, so we're putting the Clerk on notice, don't go home tonight, you know, before 1 or 2 o'clock. Let's try to get this thing done so we can get it over to the Mayor to see if the Mayor will consider signing it. All right. Commissioner Regalado: And the Mayor -- we'll be seeing the Mayor when we go to -- Chairman Teele: Yeah, but that document won't be ready any time -- Commissioner Regalado: But the document -- but at least we will advise him that there is a document on its way so he can -- if he'll sign it. Chairman Teele: All right. Mr. Attorney, would you like to read the amended ordinance? The amended ordinance was read by title into the public record by the City Attorney. Ms. Slazyk: Actually, it's going to go to U.S.], excluding the west side of 27th Avenue between 25th Street and U.S. 1. Mr. Maxwell: All right. The amended ordinance was further read by title into the public record by the City Attorney. Chairman Teele: Further discussion. Commissioner Winton, further discussion? Vice Chairman Sanchez, further discussion? Commissioner Regalado to close. Commissioner Regalado: I think, you know, like I said before, I think that some people might think, well, this just -- this is a small City ofMiami corridor, but what we're doing here, what the people of the Upper Eastside did, what this Commission is doing is a wake up call for all South Florida and Miami -Dade County. The high profile that these moratoriums are being given by the media -- and with all reason -- what it's going to create is the fact that many communities, even outside of the City ofMiami, would want to sort of have some controls in terms of the over -- development that we are having in Dade County, but as for now, you know, we're humble, we're little, but we're on the way to make history in the 27th Avenue Corridor, so Mr. Chairman, I move the ordinance. Commissioner Winton: Second. Vice Chairman Sanchez: There's already a motion and second. City ofMiami Page 103 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: It's been moved and seconded, but if you have further -- and he's moving it in - - OK, Madam Clerk. Sir, did you need to say something? Mr. Dickman: I was just -- after you vote on it. Vice Chairman Sanchez: Roll call. Chairman Teele: 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, with modifications, 4/0. Chairman Teele: Now, hold on. Commissioner Regalado: OK. Chairman Teele: Now, Commissioner, did you want to give some instructions or -- Commissioner Regalado? Commissioner Regalado: Yeah. Mr. Maxwell: Mr. Chairman, before -- there's one point I want to clarify. This ordinance is subject to veto, but it is effective immediately, so it's subject to veto, but it is effective immediately Commissioner Winton: That's more like it. Commissioner Regalado: So it is in effect -- Mr. Maxwell: Yes, sir. Commissioner Regalado: -- as of now. Mr. Maxwell: Yes, sir. Commissioner Regalado: The only thing that could happen is that the Mayor will veto it. Mr. Maxwell: Yes, sir. Commissioner Regalado: OK, so it is in effect. Commissioner Winton: And may I add one point to the record? -- because it is being watched -- and that is to say something about the citizens ofMiami, as you're talking about this moratorium and others. The difference between the citizens in Miami -- at least the ones that I've dealt with - - versus people who are anti -development in other parts of the State and other parts of the country, those people, by and large, are anti -development, period. There's a huge difference. The citizens ofMiami -- at least the majority of them -- now, there's a small group that would just as soon see nothing else happen, but the majority of them, including most of you in this room, are not anti -development. You want smart growth, and that's what our objective is, is to finally bring -- to cure -- and our master planning process that we're in the process of initiating, the citywide master plan will include a complete rewrite of our entire code, and the first major City ofMiami Page 104 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 part of the master plan is going to deal with all the major corridors in the City ofMiami, so that's phase one, to address as fast as we can this one significant issue that we all agree is a huge problem and a problem that none of us created. It was created a long, long, long, long time ago by whoever wrote our current code, which probably has gone through a hundred revisions and never been rewritten since the City was created is probably my guess there, so we're going to fix something that's been a long time in the making, and so I just wanted to make sure the -- two points: One, that the public understood that we're working on a total fix citywide; and two, that the residents of the City ofMiami are not anti -growth. They're anti -bad development, and we're going to fix those things. Commissioner Regalado: Mr. Chairman. Chairman Teele: Thank you. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: So, now, Mr. City Attorney, the next step. I would like to move on first reading, if that is legally possible, the same ordinance, but with the amended version of the four blocks carved out of the moratorium, also the opinion of the Zoning Director, and the words, " complete and approved permits" -- Vice Chairman Sanchez: Doesn't it have to be noticed? Commissioner Regalado: -- "applications, " and the change of the words of "development permits." Mr. Maxwell: I don't think that that would be an appropriate motion for today. Commissioner Regalado: OK, so you tell me. Vice Chairman Sanchez: It has to be properly noticed. Ms. Slazyk: We have to initiate it and we'll bring it back to you -- Commissioner Regalado: OK. Ms. Slazyk: -- so we can notice it. Commissioner Regalado: You tell me when can we do the -- Chairman Teele: Can it come back on the next Commission meeting? Commissioner Regalado: We have ten days. Mr. Maxwell: Well, that's not -- I mean, you got a PAB hearing and stuff on it. I don't -- I think, if you would direct us to get it back to you as fast as we can -- Commissioner Regalado: When is your PAB hearing, Teresita, please? Ms. Slazyk: We already advertised the 19th. June 2nd is the next one unless we do -- Teresita Fernandez (Chief Hearing Board Officer): We haven't -- yeah, we haven't advertised the -- we can fry to put it in the morning. We can fry to add this item for the 19th. I can do it City ofMiami Page 105 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 first thing in the morning. I can talk to The Miami Herald. Mr. Maxwell: Teresita, can you make the appropriate notice? Ms. Fernandez: I think so, if you give me the title. Chairman Teele: All right. Look, hold it. Commissioner Winton: Come on. Commissioner Regalado: The 19th is 13 days away. Ms. Fernandez: Yes. Chairman Teele: Commissioner, Commissioner, look, let's do this in a way so we're not here trying to make mistakes, now. Let's -- would you please move that this come back to the next Commission meeting, and if it cannot make the next Commission meeting, the Commission meeting of June the 10th? Those are the next two meetings, so that's as fast as humanly possible, but that -- Commissioner Regalado: Absolutely, 27th ofMay. Chairman Teele: And if not the 27th ofMay, for whatever reason, on June the 10th. That's the motion. Unidentified Speaker: The horses are getting out of the barn. Chairman Teele: Huh? Unidentified Speaker: The horses are getting out of the barn. Chairman Teele: But we're doing it as fast as we can. That's the point. Commissioner Regalado: No, that's the fastest we can do it. It's not -- the motion is to bring back -- to call on the PAB Board to decide -- Chairman Teele: Consider, yeah. Commissioner Regalado: -- to decide and consider -- consider and decide whatever they want to do, up and down, and to bring it back on the 27th ofMay. Commissioner Winton: With all of the provisions that we've been discussing -- Commissioner Regalado: With all the provisions. Commissioner Winton: -- that makes this thing work the way we want and -- Ms. Slazyk: Right. My understanding is it would include all development permits that are complete -- Commissioner Regalado: And approved. Ms. Slazyk: -- and approved, yes. The only thing that -- the subject of the interpretation today is not a moratorium issue. It's an interpretation of a height and setback issue. It really isn't a moratorium issue, but that -- if you want a cleanup of that ordinance, and we'll bring that back City ofMiami Page 106 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 as fast as possible, but it's really not in a moratorium. Commissioner Regalado: But it should be. It should be, because it addresses development. Commissioner Winton: We want everything fixed to get the result we want, so you guys need to be telling us, here's what we need to add into the ordinance next time that gets us where we want to be. Ms. Slazyk: OK. Commissioner Winton: And if it includes dealing with the interpretation, put it in there. Ms. Slazyk: Yeah. Commissioner Winton: We don't -- we -- Slazyk: That would be a separate ordinance. We'll bring them together. Well have them travel together. Commissioner Winton: OK. Thank you. That's what we're trying to get at. Commissioner Regalado: Well -- but as long -- Ms. Slazyk: I understand what you want, but the interpretation is -- there's a provision in the code that's there today, and this is an interpretation of that, so you don't need a new ordinance to do it. What you may want is clarification on that provision so that it's not questioned or appealed in the future, and that would be appropriate to bring to you. Commissioner Regalado: OK. Ms. Slazyk: But it's not part of the moratorium. Commissioner Regalado: Saying that that would be a backup -- Ms. Slazyk: Yes, a companion item, yes. Commissioner Regalado: -- a backup ordinance to the moratorium. Commissioner Winton: Great. Ms. Slazyk: OK. OK. That I agree with. That's -- OK. Commissioner Winton: And Mr. Dickman, didn't you have something you wanted to -- Mr. Dickman: Yes, ifI may. I mean, since we are staging this on approved, I think the definition of "approved" should be when all required City approvals are obtained, and the associated appeal period has expired, so that it's all City approvals, final action. In other words, you have to define what "approved" means, just the same way that you've defined what "completed application" means. Ms. Slazyk: So you're saying with all required City approvals obtained and -- Mr. Dickman: After the appeal periods have -- City ofMiami Page 107 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Slazyk: -- and after appeal periods. Commissioner Regalado: No, and -- I mean, approved is approved. I mean, fire and everything, and police and whatever, you know. Mr. Dickman: Well, I wouldn't want someone to just get one approval and then think that they're vested when they have to get other approvals. Commissioner Regalado: Well, you know -- Mr. Maxwell: We'll look at the effect of that additional -- about the appeal period. Commissioner Winton: OK, right, so you'll look at that on the appeal period. Mr. Maxwell: We'll look at the effect of that. Commissioner Winton: But certainly, all of the approvals, we're in complete agreement on that. Ms. Slazyk: Yes. Commissioner Winton: And the only question that you might have is on the appeal. Ms. Slazyk: Is the appeal period, right. Mr. Dickman: And also, make sure that it expires if a permanent ordinance is put into place, the issue that Mr. Winton raised. Commissioner Winton: Yes. Ms. Slazyk: Yeah. Mr. Maxwell: Yes. Ms. Slazyk: The same -- yeah. Commissioner Regalado: No, no, it does. I mean, we will be watching to extend the moratorium if no agreement happens. I mean, there's not going to be a window of 15 days, oh, we have to go back to PAB between that and the moratorium. It doesn't work. You know, as soon as -- Commissioner Winton: So do we need a resolution passed -- Commissioner Regalado: Yes. Commissioner Winton: -- directing staff to do this? Mr. Maxwell: One thing that the dates were kind of -- Commissioner, you're still saying -- I think the Chairman had suggested May, end ofMay or the first meeting in June. Chairman Teele: See, this is the problem. Everybody starts discussing things -- Mr. Maxwell: Yeah. Chairman Teele: -- nothing gets resolved, so things wind up getting hung up. Mr. Maxwell: Confused. City ofMiami Page 108 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: I mean, I'm -- Ms. Slazyk: As soon as is legally possible -- Commissioner Winton: Yes. Ms. Slazyk: -- to meet all the advertised -- all the notices. Chairman Teele: I'm pleading that we can have motions, so that we can have debates around motions and seconds, as opposed to just having these meandering debates that wind up leaving things open. Ms. Slazyk: Yes. Commissioner Regalado: OK. My motion, Mr. Chairman, will be to direct the administration to bring this ordinance back to the City Commission on the 27th ofMay, if possible; has gone also through the PAB on the 19th and if not, at the latest, on the June 12th meeting of the Miami City Commission. Chairman Teele: Is it the 12th or 10th? Ms. Thompson: 10th. Commissioner Regalado: 10th. On the June 10th Miami City Commission. Chairman Teele: Motion. Is there a second? Commissioner Winton: Second. Chairman Teele: Is there objection? Ma'am, are you upset? Ms. Sanchez Pando: I was just saying that to exclude the "if not," bring it back on the 19th -- Commissioner Winton: We can only do what's legal. Josefina, we can only -- Ms. Sanchez Pando: -- and put as many employees to work on it as we need. Commissioner Winton: We can only do what's legal. That's the point everybody has made. Commissioner Regalado: And the reason -- and the reason -- you know what? The reason that I am accepting what the Chairman said is because sometimes -- it doesn't happen that often -- but sometimes, the Planning Board does not have a quorum, and it's very sad, but these are citizens that -- you know, they work pro bono. Sometimes, it doesn't have a quorum and -- but we will be watching. We will be asking the PAB to -- well, we have asked the PAB to consider and decide. We cannot say to them, approve, but consider and decide whatever they want, so we can have it here on the 27th of -- Commissioner Winton: Call the question. Chairman Teele: All those in favor of the motion, say "aye." The Commission (Collectively): Aye. City ofMiami Page 109 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: All opposed have the same right. The item is unanimously adopted by a 4/0 vote. Does this conclude the matter for the time being? Commissioner Regalado: Yes, sir. Chairman Teele: Ladies and gentlemen, thank you all very much for coming down on this item. Now, if you'd leave very quietly, but thank you for coming. Would everyone that's going to be remaining here on the Kubik item, please stand, raise your right hand and be sworn? Thank you very much for being here. Thank you. God bless you. Good job. You're tough. Unidentified Speaker: I'm going to get them all (INAUDIBLE). Chairman Teele: Thank you. Unidentified Speaker: We're going to make history. Chairman Teele: You've already made history. Unidentified Speaker: And you are going to be the Commissioner that makes this history, because (INAUDIBLE). Chairman Teele: Thank you very much. Unidentified Speaker: Could I call on you -- Chairman Teele: Please, whenever you'd like, I would be delighted. Thank you again. PZ.7 03-0415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41, 745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE " ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/ RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 110 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 03-0415 MUSP Fact Sheet.pdf 03-0415 MUSP Analysis.PDF 03-0415 Zoning Map.pdf 03-0415 Aerial Map.pdf 03-0415 PAB Resos.PDF 03-0415 MUSP Application.PDF 03-0415 Sp Exception Fact Sheet.PDF 03-0415 Sp Exception Analysis.PDF 03-0415 ZB Reso.PDF 03-0415 Sp Exception Application & Supp Docs.PDF 03-0415 Plans.PDF 03-0415 Legislation.PDF 03-0415 Exhibit A.PDF 03-0415 Exhibit B - Alt A.PDF 03-0415 Exhibit B - Alt B.PDF 03-0415 Exhibit C - Alt A.PDF 03-0415 Exhibit C - Alt B.PDF 03-0415 - submittal.pdf COM M-4-22-4. ppt 03-0415 - submittals.pdf 03-0415 - submittal - Women Club.pdf 03-0415 - submittal - Morningside.pdf 03-0415 - submittal - Kubik.pdf 03-0415 - submittal - U of M.pdf 03-0415 - submittal - law analysis.pdf REQUEST: Major Use Special Permit for the Kubik at Morningside Project LOCATION: Approximately 5600-5780 Biscayne Boulevard APPLICANT(S): Kubik, LLC; Biscayne Premier Investments, Inc and Mark's Classics Corp APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 17, 2003 by a vote of 4-2. Recommended approval with conditions* of the substantial modification to City Commission on April 7, 2004 by a vote of 5-4. ZONING BOARD: Recommended approval of special exceptions to City Commission on December 15, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use multifamily residential development. CONTINUED A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was City ofMiami Page 111 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 passed unanimously, with Commissioner Gonzalez absent, to CONTINUE item PZ.7 to the Commission Meeting currently scheduled for June 10, 2004 at 3 p.m.; further requesting the developer of the Kubik Project to meet with area residents to negotiate a solution to neighbors' concerns and come back with a model, in appropriate scaled proportions, showing how this project compares with the surrounding area properties; further directing the Administration to observe the meeting between the developer and the area residents. Chairman Teele: All right. Ladies and gentlemen, those of you who are remaining, would you please raise your right hand and repeat after the Clerk? Priscilla A. Thompson (City Clerk): Commissioner, we still have some people outside that are coming in, as well. Chairman Teele: Well, I can't be responsible for that. They'll have to be re -sworn. The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues (said oath was translated into Spanish and Creole). Ms. Thompson: Thank you. Chairman Teele: You may be seated. Ladies to gentlemen, now, we are on a schedule in which we'd like to fry to move this through. Mr. Attorney, Mr. Attorney, would you review the record as to where we left this matter, and what were the conditions that we said in the last meeting, the ground rules? Joel Maxwell (Deputy City Attorney): I believe you closed the --I believe you accepted testimony from both sides at the last hearing, and closed the -- and staff -- and you closed the public hearing, I believe. Chairman Teele: And we are coming back today for the limited purpose of doing what? Mr. Maxwell: Did you have a -- no, no. Chairman Teele: Would both counsel -- would the two lawyers please introduce yourselves and state your understanding of where we are in the proceeding? Lucia Dougherty: Certainly, Mr. Chairman. Lucia Dougherty, with law offices at 1221 Brickell Avenue, here today on behalf of the applicant, and my understanding is that we closed our presentation. The opponents have not made their presentation. We have several supporters who didn't get a chance to speak the last time, and then I'm going to be taking rebuttal, so that's where we are. In other words -- Chairman Teele: All right. Mr. Attorney -- Commissioner Winton. Commissioner Winton: Well, hold on. Commissioner Regalado, could we get that door closed back there? Andrew Dickman: Some of our people are trapped out there. Chairman Teele: Sergeant -at -arms, take Commissioner Regalado down to the -- Commissioner Winton: To the brig. Do we have a brig? Chairman Teele: OK, ladies and gentlemen, we need your cooperation. We're trying to move through this as fairly but as expeditiously as possible. Counsel, is your recollection the same as City ofMiami Page 112 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Dougherty's? Mr. Dickman: Yes, sir, it is. Chairman Teele: How long are you going to require in making your presentation? Mr. Dickman: I'm going to make a very brief one -minute presentation, and I have a number of people that want to speak. They will keep it to, I would say, two minutes each, and then I would like to close. Chairman Teele: You're recognized for your presentation. Mr. Dickman: Mr. Chair, again, my clients are having frouble getting in the room. Chairman Teele: There is no frouble getting in the room, sir. You need to move forward with your presentation. Commissioner Winton: There's two doors and there's no one coming through that one. Chairman Teele: There's no one at the other door and the doors are not blocked. Mr. Sergeant - at -arms, go out there and say, if anyone is here for the 6 o'clock, please come in. Go right ahead Mr. Dickman: Thank you, Mr. Chair. Andrew Dickman, law offices at 9111 Park Drive, Miami Shores, Florida, here representing the Morningside Civic Association, our homeowners association. We are here in opposition to the applicant, the so-called Kubik atMorningside Project. We are here specifically to address issues that concern the neighborhood in dealing with the context of this project in the neighborhood, how large it is in relationship to the other buildings and houses around it, and specifically, how tall it is. We have a number of members that are here to speak, and we'd like to give a presentation, a Power Point presentation outlining what our objections are, so ifI could, I would go ahead and ask the homeowners that are going to speak to come on up and keep your comments as brief as possible and do not repeat. Chairman Teele: Who's making the Power Point presentation? Mr. Dickman: Mr. Cruz, who is setting up his materials. Maybe he could get that set up while the others speak. Chairman Teele: Oh, so you're stalling for time. Mr. Dickman: No, no. Chairman Teele: All right. Homeowners, please, those people in opposition, you're recognized. Please come forward. Michael Carl: I am Dr. Michael Carl. I am living at 570 Northeast 57th Street in Miami, and I'm a Morningside resident. I am a new face on the block here. I've never spoken before. Now, what does the law say? The Miami Zoning Code Section 1703 sets forth the certain standards for the City Commission to consider when evaluating a MUSP (Major Use Special Permit) application. Such standards include whether the development will have a favorable impact on the environment and natural resources of the City; whether the development will adversely affect living conditions in the neighborhood. Now, what's our analysis here? Notwithstanding the lack of adequate documentation materials, it is clear that the project, as submitted, fails to adequately address the above noted standards. In this regard, the proposed development will not have a favorable impact on the environment. It will adversely affect the living conditions in the City ofMiami Page 113 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 neighborhood, as the overall size, density, scale and orientation of the structure will envelope and overwhelm the more low -scaled character of the surrounding area. Specifically, the orientation of the proposed towers, as you can see, broadsides major public sfreets -- namely, Biscayne Boulevard and Northeast 58th Street -- in a manner that is wholly inconsistent with the established pattern of buildings. Second, in combination with a ten -story building to the immediate east, a large canyon effect will squeeze a narrow portion of Biscayne Boulevard and the larger vicinity of the site, having an extremely negative impact on the pedestrian experience at the sidewalk level. Large shadows will cast over the single-family homes in Morningside to the east, as well as Lemon City to the west. The design of the round base portion of the project, which continues with no breaks around the entire block fails to address the individual low -scale character of the existing architecture -- Chairman Teele: Doctor, you did say this is your first time coming. Dr. Carl: Yes. Chairman Teele: Those beeps were telling you that your time has expired. How much more time will you need -- 15 seconds to close? Dr. Carl: Ten seconds. Chairman Teele: OK, thank you. Dr. Carl: -- of the existing -- I mean, fails to address the individual low -scale character of the existing architecture that defines Biscayne Boulevard. Therefore, I'm opposing this project. Thank you for your attention. Chairman Teele: Thank you for coming, and I hope to see you many more times in the future. Dr. Carl: Thank you. Chairman Teele: Ma'am. Jennifer Zilka: Good evening, Commissioners. My name is Jeniffer Zilka. I live -- Chairman Teele: Jennifer, pull that down to you a little closer. Yeah. Ms. Zilka: I live at 441 Northeast 52nd Sfreet. Section 1702.2 of the Miami Zoning Code dictates in part that in order to properly address any impact created by the proposed developments, additional data may be required by the City through its boards, officers, agents or the City Commission upon showing of need for proper decision -making purposes. Moreover, Section 1702.2.1 of the code requires that a report be submitted with specific exhibits, including the following: A survey of the proposed area showing property lines and ownership; existing features, including sfreets, alleys, easements, utility lines; existing land use; general topography and other physical features and materials to demonstrate the relationship of these elements of the surrounding area's characteristics. The architectural drawings and exhibits submitted by the applicant fail to fully detail and address the impact created by the project. Few, if any, of the applicant's exhibits illustrate the project's impact in relationship within the neighborhood context in order to evaluate size, scale, context and compatibility. In this regard, additional material in the form of elevation drawings for all sides of the building are needed. Specifically, the applicant should provide a contextual sketch or detailed computer photo image of the project showing the Biscayne Boulevard, 58th Sfreet and Northeast 4th Court elevations of the proposed project within the as -built surroundings. These should include schematic elevations of the existing buildings and properties on both sides of the aforementioned sfreets, indicating the overall height, massing, window and door placement, as well as significant architectural City ofMiami Page 114 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 features of the existing buildings. Thank you. Chairman Teele: Thank you very much. Yes, ma'am. Jennyfer Simpson: Dr. Jennyfer Simpson, 530 Northeast 59th Street. This is for the record. In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the design review criteria in Section 1305.2. Under the architecture and landscape architecture criteria, the project must: One, respond to the neighborhood context; two, create a fransition bulk and scale; three, articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity. The existing neighborhood context is one of much lower scale structure, as you can see, on smaller individual lots. This existing context has not yet been addressed in any way by the applicant, and as the project seemingly consists of a monumental base, four stories in height, running the entire length of the property, and a similarly oriented tower that has only one break. Secondly, no transition in bulk or scale has been provided as the subject structure fails to provide any type of stepped massing or orientation that allows for a better fransition level to the highest floor. The proposed structure goes from grade level to 150 feet within the same building plane. Finally, the sfructure has been overly massed in a horizontal fashion. When combined with the proposed height, the result is a sfructure that fails to establish an adequate horizontal/vertical balance and inappropriately broadsides the sidewalk, street and surrounding area. Chairman Teele: Say that again. Dr. Simpson: Yes. Say it again? Chairman Teele: "Inadvertently," did you say? Dr. Simpson: And inappropriately broadsides the sidewalk, street and surrounding area, and I think there's a good demonstration on the board there, if you could -- if you see Elvis' thing. Can I keep going fast? Chairman Teele: Yes. They held your time so you're not being penalized. Dr. Simpson: OK. I'm trying to go fast. OK. Therefore the -- this is for the record -- the project fails to comply with the criteria listed in Section 1305.2 of the City Code. I suggest that in addition to reducing the height and density, as reorienting the mass of the tower in a perpendicular manner, the project needs to employ other design options in order to address the established context of the immediate area. Such options include gradually or incrementally stepping the building back from the streets, creating multiple towers with significantly smaller footprints and utilizing different types of massing forms and floor plates, which are more geometric as opposed to rectangular. Thank you, Mr. Chairman. Chairman Teele: Thank you very much. Ma'am, what is your degree -- you're a doctor of what? Dr. Simpson: Medicine. Chairman Teele: Medicine? M.D.? Dr. Simpson: Pardon me? Chairman Teele: HD.? Dr. Simpson: M.D. Chairman Teele: Thank you very much. Thank you for your presentation. Sir. City ofMiami Page 115 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Robert Stebbins: Good evening, Chairman. Good evening, Commissioners. My name is Robert Stebbins. I live at 410 Northeast 52nd Terrace and this is for the record. Design review criteria, streetscape and open space. In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the design review criteria in Section 1305.2. Under the streetscape and open space criteria, the project must provide usable open space that allows for convenient and visible pedesfrian access from the public sidewalk. The analysis is the subject submitted drawings fail to clearly delineate and define pedesfrian points of access. Pedestrian access to the residential tower directly from Biscayne Boulevard has not been provided. Therefore, the project fails to comply with the criteria listed in Section 1305.2 of the City Code. Thank you for your time. Chairman Teele: Thank you very much. Sir. John Parsons: Good afternoon. John Parsons, 670 Northeast 59th Street, a 27-year resident of Morningside. In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the design review criteria set forth in Section 1305.2. Under the pedesfrian oriented development criteria, this project must design facades that respond primarily to the human scale, which it does not; provide active, non -blank facades, for blank walls are unavoidable. They should receive design treatment. This project does not do that. The lack of adequate physical breaks in the base portion of the structure results in a massive run-on building fronting the sidewalk, thus failing to adequately respond to human scale. Just look at the drawings. Look at the scale of this massive building, compared to the surrounding neighborhood. Secondly, only one building elevation was submitted. Therefore, it's impossible to verify whether this particular criteria has been met. Additionally, it is not clear from the submitted plans how the second and third floors of the street facing portions of the parking base will be utilized. Therefore, the project fails to comply with the criteria listed in Section 1305.2 of the City Code. Chairman Teele: Thank you very much. Mark Schuberts: Good evening, Chairman. In accordance with Article 13 of the Miami Zoning Code -- Ms. Thompson: Your name, please. Mr. Schuberts: Oh, I'm sorry. My name is Mark Schuberts. I live at 544 Northeast 55th Street, Morningside resident for approximately 20 years. In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the design and review criteria in Section 1305.2. Under the screening criteria, the project must screen parking garage structure with program uses; where program uses are not feasible, softening the garage structure with trellises, landscaping and/or other suitable design elements. Details regarding the mechanical ventilation of the proposed garage levels have not been provided. In this regard, the size, location and orientation of fans and vents associated with mechanical ventilation will have a significant impact on adjacent residential structures, as well as the units in the tower portion of the subject project. Additionally, it is not clear from the submitted plans how the second and third floors of the street facing portions of the parking base will be utilized. Therefore, the project fails to comply with the criteria listed in Section 1305.2 of the City Code. Thank you. Chairman Teele: Thank you. David Bloom: Good evening. My name is David Bloom. I am a Morningside resident at 630 Northeast 55th Street. In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the design review criteria in Section 1305.2. Under the site and urban planning criteria, the project must respond to the physical contextual City ofMiami Page 116 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 environment, taking into consideration urban form and natural features, and buildings on corner lots should be oriented to the corner and public street fronts. An analysis suggests the orientation of the tower portions of the project broadside and overwhelm adjacent streets, sidewalks and neighborhoods. This totally contradicts the existing context and urban form. Secondly, the primary corners of the site, the southeast and northeast have not been adequately developed as the project has been oriented on a rigid north/south and east/west access, which broadsides two major streets. Further, the existing strong corner architecture at the northwest corner is proposed to be removed, via the demolition of an architecturally and historically significant structure. In other words, the dance studio. The proposed siting and building orientation is wrong. In addition to broad -siding three pedestrian streets and creating a valley along Biscayne Boulevard in relation to the existing ten -story structure to the east, the project will hover over and cast shadows on established low scale residential areas to the north, east and west. Therefore, the project fails to comply with the site and urban planning criteria listed in Section 1305.2 of the City Code. I thank you for your time. Chairman Teele: Thank you very much. Yes, sir. Scott Crawford: Good evening. Scott Crawford, 430 Northeast 52nd Street. In accordance with Article 13 of the Miami Zoning Code, the subject project is required to be consistent with the design review criteria in Section 1305.2. Under the signage and lighting criteria, the project must orient outside lighting to minimize glare to adjacent properties. The analysis is an exterior lighting plan has not been provided by the applicant. Therefore, the project fails to comply with the criteria listed above in the City Code. Thank you. Chairman Teele: Thank you very much, sir. Ma'am. Catherine Hite: Good evening, Chairman, Commissioners. My name is Catherine Hite. I live at 620 Northeast 51 st Street in Morningside. Section 1703 of the City Zoning Code dictates that the Commission, in reaching a decision on the application submitted, shall make a determination as to whether the development will be in conformity with or necessitate a change in the adopted Miami Comprehensive Plan. Neither the City nor the applicant has questioned the project's compatibility with the City's adopted comprehensive plan, specifically, the goals, objectives and policies that protect existing residential neighborhoods from incompatible land uses; preserve important and unique historical resources; encourage mixed use multi family development in and near the downtown and City center and ensure adequate public infrastructure in place at the time new development is built. Under state law, development orders issued by the City must be consistent with its adopted comprehensive plan. Based on our initial review of the Kubik Project, the project contravenes many of the City's adopted goals, objectives and policies, and therefore is subject to a legal challenge by adversely affected residents. The amount of density and height proposed by the applicant is much too much for the subject site. Notwithstanding any potential changes in building orientation, siting, massing and design, the amount of commercial and residential space, as well as the required parking, as proposed, will significantly strain the infrastructure requirements of the immediate area and further burden a local and regional roadway system that is operating beyond capacity. Therefore, we respectfully request that the project, as proposed, not be approved. Thank you. Chairman Teele: Thank you very much. Jonathan Sackson: Good evening, Chairman, Commissioners. I'm Jonathan Sackson. I live at 670 Northeast 52nd Terrace in Morningside. I've been living there 19 years. I'm going to talk for a second on historical preservation. The City's adopted comprehensive plan contains many goals, objectives and policies calling for preserving important and unique historical resources. There are five sets of structures on the subject site which have varying degrees of architectural and historic significance, which are proposed to be demolished. Two of these structures are clearly important to the historical context of the boulevard. The first is the site of the In Motion City ofMiami Page 117 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Dance Center at the corner of Northeast 4th Court and Northeast 58th Street. It's clearly the most significant structure on the subject site. It's an outstanding example of the med deco architectural style with an exceptional degree of historic and architectural integrity. It's a beautiful building. The sfructure is defined by a well developed cylindrical corner. The entryway is this wonderful cylinder, flanked by asymmetrical wings. The building is in excellent condition and well maintained. The structure is representative of its period and contributes to the as -built scale and context of the immediate area. Additional research regarding the history of this sfructure should be completed prior to the project moving forward, as every effort should be made to retain and preserve this building. The structure at the northeast corner of the site, 58 th Sfreet and Biscayne Boulevard is an early post-modern -- post-war modern Nemo sfructure, typical of the motel architecture unique to upper Biscayne Boulevard. The structure is consistent with the as -built scale and context of this section of the boulevard. The proposed demolition or removal of time test established and context sensitive building forms on Biscayne Boulevard is significant. Further, the proposed replacement project fails to address the existing successful building form in any way. Look at that. Significant changes to the architectural vocabulary at the base level of the project are in order to address this gross deficiency. Allowing the destruction of these buildings would be a violation of the City's adopted comprehensive plan, and thank you for your time. Chairman Teele: Thank you very much. Eileen Bottary: Good evening. My name is Eileen Bottary. I reside at 505 Northeast 76th Street in the Palm Grove neighborhood for 21 years. The developer has consistently made statements that they are building their project next to R-3 zoning. What they fail to mention is that 95 percent of the buildings on the R-3 zoning are historic single-family homes. The pictures I have taken -- top left, Biscayne Boulevard and 58th Street, which is right across from where the project is going to be -- is a two-story historic house. The top middle picture is Biscayne Boulevard and 58th Street -- 56th Street, which is where the project is going to be. It's one- and two-story apartment buildings that they're planning on bulldozing. The top right picture is Biscayne Boulevard Street, which is a one-story, and the road that leads to the Cushman School. The second row, the first picture is Northeast 4th Court and 59th Sfreet looking north. This is the road that all the traffic from this project will be pouring out into. It is a small residential road with traffic one lane each way. The second picture is 58th Street and Biscayne Boulevard looking north. You can see that everything is one and two stories homes and buildings. The third picture is 58th Street and Biscayne Boulevard looking across to the Morningside neighborhood. You can see the historic homes. The fourth picture is 64th Street and Biscayne looking north. The third row, the first picture is the pump house. Mr. Maxwell: Mr. Chairman, I believe you lost quorum. We don't have quorum. Chairman Teele: All right. We need to take about a three -minute break anyway. Your time is being frozen at 25 seconds left. Ms. Bottary: OK. Chairman Teele: There's no problem, and we'll just sort of relax for a few minutes. Ms. Bottary: May lstart? Chairman Teele: Yes, ma'am. Ms. Bottary: OK. I'm going to start on the third row on the bottom. The first picture is the pump -- Chairman Teele: Where you really need to be is your conclusion. You've got about 24 seconds. City ofMiami Page 118 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Ms. Bottary: I'm concluding with the bottom row. Chairman Teele: OK. Ms. Bottary: It's the pump house and in Pictures 2, 3 and 4, 461, 469, 471 Northeast 58th Street is the north side of the road. They're all single-family homes. It is right across the street from this huge condominium project, and 461 Northeast 58th Street shows you how small the road is right next to the project. Thank you. Chairman Teele: All right. Thank you very much. All right. Now, let's line this up now. How many more people do we have left to speak? You're the last in opposition? Mr. Dickman: Actually, we have -- we have -- yeah, this is opposition. We have Mr. Cruz, this gentleman, this lady, and we have one expert that's here that will speak, and then I will conclude, and the expert has told me that he could do it in two minutes. Chairman Teele: Well, I'm not going to rush the expert, although two minutes is a reasonable amount of time. Hold on just one minute, now. Vice Chairman Sanchez: He's getting paid by the hour. Chairman Teele: Hold on just one minute. Who's going to make the presentation? Elvis Cruz: Myself. Chairman Teele: How long are you going to require? Mr. Cruz: I have two minutes, and this young lady will speak for another two minutes, and I'll work the pictures for her. Chairman Teele: All right. Please, sir, proceed. Ken Whiting: I'll be very brief. Ken Whiting of 742 Northeast 68th Street in the Bayside Historic District. I'm here in support of my neighboring Morningside residents in controlling growth on Biscayne Boulevard. Thank you. Chairman Teele: All right. Elvis Cruz: Gentlemen, Elvis Cruz, 631 Northeast 57th Sfreet. Section 1305.2 of the Zoning Code empowers you to protect the public interest with these design review criteria: Respond to the physical contextual environment, taking into consideration urban form; respond to the neighborhood context; create a transition in bulk and scale. As I've shown in earlier appearances here, on the 2.48 miles of Biscayne Boulevard north of 48th Sfreet, 95 percent of the properties are two stories or less, with only 14 buildings higher than two stories, and eight of those being only three stories. That is the neighborhood context. There is, however, a ten -story building across the street from the proposed site at 5701 Biscayne. It is still surrounded by single-family homes and two-story apartments. Even when it was built back in 1973, it is still out of scale. Even today, there is no other ten -story or higher building on the east side of Biscayne from well below 36th Street to far above the City limits. Even today, there is no other ten -story or higher building on the west side of Biscayne from 48th Sfreet to the INS (Immigration and Naturalization Services) Building at 79th Street. Does it make sense to use a 31 year -old violation of scale to justify another violation of scale? The scale model before you, with the existing 5701 Biscayne Building in blue shows beyond any reasonable doubt that the proposed building is out of scale with the existing neighborhood. As per the submitted plans, the building City ofMiami Page 119 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 is over 162 feet tall, over 400 feet wide, with 293 units. Notice the single-family homes across the street. They've been overwhelmed. The proponents say that they met many times with area neighbors and have letters of support. They did, but those meetings never resolved the bulk and scale problem with the project, and they involved questionable tactics. They told us and this Commission that the building height is 149-11, but their submitted plans show 162-5. This is a picture shown to area neighbors. Notice the building on the left side of the frame. That's 5701 Biscayne, a ten -story building; yet here, the Kubik Building is made to look shorter than it and only about twice as tall as the young mahogany free on the right. The balconies shown are actually on every other floor. This misled several neighbors into signing letters of support for what they thought was a seven -story building. I now submit for the public record four letters that refract support and an additional seven letters from area neighbors in the immediate area expressing their opposition. Lastly, this building would sit across the street from four single- family houses. Proponents dismissed that out of hand because it's an R-3 neighborhood. We have a letter from an expert witness that examines that R-3 neighborhood, and to read the letter, we have Ms. Mary Foehrenbach. Go ahead, Mary. Mary Foehrenbach: I'm Mary Foehrenbach. I live at 655 Northeast 55th Terrace. I have a letter here from the noted historian ofMiami-Dade County, Dr. Paul George. He says: "Dear Miami City Commissioners, this plat map shows the Bayshore Subdivision from the early 1920s. Back then, it was zoned single-family, and went from Biscayne Bay west to the FEC (Florida East Coast) Railroad; from 55th Terrace north to 61 st Street. It includes today's Soyka Complex and the proposed condo site. In the late 1920s, Biscayne Boulevard was constructed through the area, separating Bayshore into east and west. East Bayshore is today known as Morningside, which is still zoned for single-family houses. Unfortunately, for reasons known only to the authors ofMiami's bizarre Zoning Code, Bayshore West was zoned to R-3, even though there are still 41 single-family houses there. These examples show they have the same architecture and vintage as Morningside's historic district. This area is rich in Miami's history, including its earliest roots as Lemon City and the location of the beautiful coral rock masterpiece, the Bayshore pump house, once threatened, but now being preserved. While Bayshore West may not be an officially designated historic district, it certainly could and should be. I am in opposition to the proposed behemoth condominium project. It would sit directly across 58th Street from four single-family homes. Should these single-family homeowners be punished because they are in an R-3 zone? The project would also likely demolish the beautiful home of the Northeast Miami Women's Club, now known as the In Dance Motion Studio, designed by the renowned architect, B.H. Dellinvogen. What kind of future will this neighborhood face if this massive building project goes forward? Historic neighborhoods of single-family homes are a precious treasure to any City, regarded across the country as a key to both the past and the future. Please protect Miami's past and future by denying this out -of -scale project. Thank you. Sincerely, Paul George, Ph.D., historian." Mr. Cruz: Thank you, gentlemen. And -- (APPLAUSE) Mr. Cruz: Please don't applaud. Instead, I'd like to ask everybody that's here in opposition to the project to please stand and be recognized. This is our 11 th time here at City Hall fighting high-rises, gentlemen. Thank you. Mr. Dickman: Mr. Chair, after this final speaker, I'd like our expert to come up and -- Chairman Teele: All right. Let me thank Mary again for that excellent presentation. Mary, I did want to just clarify one thing. You show that beautiful limestone pump house there. Now, that's not in this development, is it? That's -- Commissioner Regalado: No. City ofMiami Page 120 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: That's on the other side of the street, isn't it? Ms. Foehrenbach: It's on the other side. Chairman Teele: OK. I just want to make sure that we're not destroying that, because I can tell you, if that pump house were underneath this building, it would be a different -- it would be a very, very meaningful issue for me, but it's not in the plan. Is that -- Commissioner Winton: Across the street. Ms. Foehrenbach: No, but the Miami Women's Club, which is a treasure -- Dellinvogen is one of the most famous architects -- Chairman Teele: You need to be on the record, ma'am. My question was just to clarify to the public, primarily, that the pump house, that historic limestone house there is across the street from this project. Ms. Foehrenbach: Right, and what is in the project is the Miami Women's Club, which I remember, when I first moved to Miami, was used as a voting place. This is a -- and the architect is very, very famous. Dellinvogen is one of the famous architects from the early 1920 period. It's our history. Chairman Teele: What was the name? Ms. Forenbach: Dellinvogen. It's our history. Don't destroy it, please. Vice Chairman Sanchez: Will it be torn down? Chairman Teele: The Women's Club, she said. All right. Thank you all again. One more, oh, yes, indeed, one very important. Becky Roper Matkov: I'm Becky Roper Matkov, the Executive Director of Dade Heritage Trust, the largest historic preservation non-profit organization in Miami -Dade County, and I am here to amen what was just said. Morningside has been one of the City ofMiami rs most important historic resources. That is a neighborhood that on its house tours over the last decade for Dade Heritage Days, literally thousands of people have toured that neighborhood and have been attracted to the City ofMiami, wanting to live there, admiring it, writing about it nationally, all across the State, and this is something that I think you must not discount in importance. One single building could really impact very negatively this very wonderful historic treasure that you have, so we would oppose this building. We would oppose any building that is out of scale and that is not enhancing the historic nature of the neighborhood. Thank you. Chairman Teele: Thank you, Becky. All right. Karen McGuire: Hi. My name is Karen McGuire. Chairman Teele: Pull it up, Karen. Yeah. Ms. McGuire: Hi. My name is Karen McGuire. I reside at 736 Northeast 67th Street, and I am a board member on the Bayside Neighborhood Association, and I know last week or the week before, you were informed that Bayside unanimously supports this project. I'd just like to say that I'm retracting my support for this project. Unfortunately, the evening when we were told to vote on this project, it was a quarter to 9, my son was in Boy Scouts, everyone was tired, and we were told that we shouldn't align ourselves with the fanatics in Morningside and that it was a City ofMiami Page 121 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 done deal and there was nothing we can do about it. Well, I think people in my neighborhood are starting to wake up and find out that there are things that we can do about it, and in its present form, I don't support this project. Thank you. Mr. Dickman: Mr. Chair, I'd like to introduce our expert, Mr. Blazejack. Economic feasibility and impacts are an important factor that you need to consider, and we would like our expert to put some testimony on the record. John Blazejack: Good evening. John Blazejack, 655 Southwest Miami Place, City ofMiami. I'm a real estate appraiser. I was asked to look at the supply and demand aspect for the condominiums, and we work on these periodically, both on a supply and demand basis doing market studies, but also on evaluation of different projects for lenders and developers. Our office, what we're seeing now -- what I'm seeing is that we're basically in an over -supplied market at this point, and for the past few years, we've been lucky in that we've had a big pipeline, but many of the projects didn't get delivered and -- Chairman Teele: We're over -supplied on what? Mr. Blazejack: Over -supply of condominiums in the higher price range. What we're seeing now is about 2800 units under construction that would include the Upper Eastside and downtown Miami, and about 14,000 units in the pipeline. Our annual take -- Chairman Teele: 14 what? Mr. Blazejack: 14,000 units in the pipeline. Those are projects that have already been in some phase approved, and announced and so forth, and what happens is we've had a historical takedown or sales of units in the same area of about 650 units a year, so we've reached the point where maybe we have a three- or four-year supply that's under construction, and so what will happen is if interest rates go up the way we think they are, we're going to lose some of the demand, and it's also going to be much harder for these projects to finish, because they're fifty to a hundred million dollar type projects, and if the loan interest rates go up, it's going to be much harder for them. Chairman Teele: What's your price point analysis on this? Mr. Blazejack: What -- I didn't do a price point analysis, but when I was here the other day, they were talking about a four hundred thousand dollar unit, and at that point, what -- what we really need there is about a two hundred and fifty thousand dollar unit, and I would say you'd have plenty demand, but at four hundred thousand, we've got so many existing projects on Brickell, and in downtown, and in the -- as we move up the boulevard that are competing with it that -- it would be waterfront and already existing high-rises that we've got too many units in that price category, so that's about all I had to say on it. I'm just fearful about the fact that we're at the point where the cheap money is drying up. Adding to it is going to be harder for the delivery of these projects. I always like to look at a fall back position that if you could rent the project, what would it cost, and I think at this point, when the projects get too over -designed, you can't rent them. They cost too much, and that's all I've got to say, if there's any questions. Thank you. Chairman Teele: All right. Is that it? Mr. Dickman: That's it, Mr. Chair. I'd like to take a few minutes just to close with some closing remarks. Chairman Teele: Take your time. Mr. Dickman: I'm going to actually start and finish with the same comment, and I'm going to City ofMiami Page 122 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 start with basically concurring and supporting the comments that Commissioner Winton made at the last hearing, that this isn't a -- don't interpret our objections as a message of anti - development. None of the clients that I represent -- and it's a growing number of homeowners -- have ever said to me once that they are against development. That is just absolutely not the case, and no one should send that message out, and I would venture to guess that 99 percent of the people that are here with me will say that. We want smart growth, good growth. We want projects that'll enhance the neighborhood, and what you heard tonight was the criteria that's in your own code that your staff your City and you all up here on the Commission are required to use when you're evaluating these projects. At the last hearing, we heard a lot about how many meetings the applicant had. They claimed to have 50 meetings. That isn't the standard that you have to evaluate this by. The applicant went on about how long they've been in the process, how long it's been getting approval. That isn't the standard that you need to use to evaluate this. It's irrelevant. The applicant wants you to believe that just a few homeowners in Morningside are angry about this. That's absolutely a mistake. Don't make that mistake to assume that it's just a few Morningsiders. I can guarantee you that's not the case. We talked about, at the last hearing, how much they paid for the property, and when they paid for the property. Candidly, that's not what you have to be looking at, as far as the standard of approving or not approving this project. These are things that should not even necessarily be on the front burner of your minds when you're thinking about this. What should be on the front burner of your minds are the standards that you heard the neighbors speak to you tonight. They're in Article 17, they're in Section 1305. These are the standards that talk about context, scale, massing, whether it is supported by your own adopted comprehensive plan, whether you can support this project through the comprehensive plan, and we have given you evidence tonight that it does not, and again, we would -- more than happy if this project would come back in a different form. Nobody is saying that that property ought to stay exactly as it is forever and ever. Everyone agrees that that's an important corner. It's a focal point as you go north on the boulevard. It's a very important piece of property. The standards that you have seen -- we feel the plans that are presented do not take into the full context of the surrounding area. If you look at the plans and if you look at the plans that have been given to you tonight, the exhibits, it shows you that their own plans, their exhibits do not show the other buildings in and around it, like they are required to do by code, so that you can evaluate whether they are in context. The handouts that we've given you -- and you can see this one, as well, -- shows the actual scale. It shows how tall this is, as well as this building here, with regard to a 25-foot house, a six-foot human being. I think all of these pieces of evidence show you that how out of scale this very large building -- the pedestal that was referred to tonight is the parking pedestal. That is basically four stories of cars that is going to take up the entire footprint almost of that whole property. The aerial photograph that we've prepared for you can show you in terms of scale what this means. When you look at this aerial that's in front of you and that we put up in front of you -- and you can actually see it on the applicant's own exhibits when they show the shadow studies. Rooftops are a good indicator of what the scale is. Count all those little itty-bitty rooftops. Those are single-family homes, and then you look at this big mass in yellow, which is going to be Kubik. The next biggest thing is the falls, and then you can see Soyka Restaurant, which I think is a very large space. It's at least 40 feet tall. Those are the kinds of things that are in scale. The Kubik Project, as it's designed today, is absolutely, by any standards, out of scale with anything in and around it. It even dwarfs the falls, which, as Mr. Cruz stated, is an anomaly. The other things that we said is that 40 feet of parking is broadsiding Biscayne Boulevard. You are going to have a tunnel going through there. Not only during the daytime, but at dusk and dawn, you are going to see shadows that are going to go way over that. The applicants have presented plans that show the 5 o'clock shadow, but as we all know, this time of year, the sun sets 7:45, 8 o'clock. Those shadows are going to reach so far into Morningside, it's going to have a dramatic effect. The lighting, the traffic, the facades, all of this, I think you understand that we think are going to have a disastrous impact on the area, not to mention the destruction of very important historic property that adds to the entire area, as well as the boulevard. Now, I want to really quickly go through a few things I have concerns about that are procedurally related. First and foremost, at the -- I believe it was at the last PAB (Planning Advisory Board) hearing, it was brought forward that City ofMiami Page 123 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 they have Option A and Option B or whatever they're calling it -- two options -- and then there's one property that has become sort of the keystone of Option A or Option B, and it turns out that it's owned by Harks Classics or something like that. The paperwork that's in the applicant's files didn't, at the beginning of this process, disclose who was the owner of that property. It is required by your applications to disclose all ownership, so that it can be fairly evaluated. That's just your procedure. It wasn't until that meeting that the owner of that property stepped forward at the hearing and said, "I own it" -- of course, that was Mark Soyka -- and said, "I own it." They have a contract to buy the property. They don't own it, and I'm trying to figure out if it fits in or not, but procedurally, that's, I think, a violation because you need to -- Chairman Teele: Well, why is that germane, counselor? Mr. Dickman: Why is it germane? Because it's a procedure -- because your application requires you to disclose that. If a neighbor wants to know -- Chairman Teele: But if he -- you just said the owner came up -- I thought you were getting ready to say there was something going on here, but if the owner disclosed he's the owner, where is the -- Mr. Dickman: Because it wasn't done at the front end when this application became complete. It only came forward when I raised the issue. That -- I'm just putting it on the record that I feel that that's an issue. Chairman Teele: OK. I think you've done a good job and -- Mr. Dickman: OK Chairman Teele: I mean, you're commended but -- Mr. Dickman: Secondarily, at the PAB hearing, one of the members specifically had trouble deciding on this project, because elevations -- I believe it was the 58th Street side elevations weren't there. They weren't in the application. She said, I can't evaluate this. All the elevations weren't there. After that meeting, the applicant submitted plans into the file. I saw them myself. That -- and again, I think, procedurally, is not right, because how do we know whether those plans have been fully vetted by staff or whoever? Because they aren't initialed the same way that the other plans were. It just came out because the PAB hearing raised that issue, and then finally, I have an issue about the notice, the actual notice in the paper, specifically two issues: One, it refers to a 14-story building or two 14-story buildings. It does not say anything about height, how high it is. As Mr. Cruz pointed out, there are some discrepancies in the plans about what the height really is, and if I'm a neighbor, and I'm reading this, and it says 14 stories, I don't know how tall that really is, and I know height is a big issue on the boulevard. Also, what they are requesting is a substantial modification of the MUSP, six Class II permits, nine Class I permits and one special exception. None of those are advertised in the notices. I feel that that's a deficiency. I don't feel that that's giving people enough notice for all the permits that they're asking for. Finally, what I want to remark to is that staff has stated that they are recommending remove the bonuses because it gives more density, and that's not appropriate. They're asking you -- your own professional staff is saying remove the bonuses. They are also asking you to send this back to staff so that the applicant can work with them to bring the height down. They've said that in their own staff recommendations. It's in your packet. Those are the two conditions that they put to the Planning Board. The Planning Board decided, for whatever reason, to just recommend approval as is with no recommendations. Your own professional planners are asking you not to give them the density bonuses and asking you not to give them the height that they're asking for. We agree with staff on that regard. However, we will disagree that we feel that it's not appropriate for it to be done administratively. We would ask you to either deny this applicant outright or ask them to go back and redesign this project and bring it City ofMiami Page 124 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 forward in a public process. Again, I will close with we are not against development. This is a very important piece on the boulevard. It is definitely a key to the whole boulevard, and I wanted to leave you with a vision of what we think could be done there. I was born and raised in Tampa, Florida, and if any of you have been there, there is a place called Old Hyde Park Village . It's a very, very quaint commercial area in the middle of one of the -- kind of cross -hairs of many, many nice, old historic neighborhoods. That -- 20 years ago, there was a big discussion about what to do with this. Developers wanted to have big buildings, and they felt like that was the only way to go. It went through a long, long public process. Ultimately, what came out of it was a very quaint neighborhood village with cafes, restaurants, parking that -- and town houses; none of it above 40 or 50 feet, and it's one of the most exclusive areas around, and it generates this whole emphasis of the historic neighborhoods that are all the way around. It's Hyde Park, Soho, Armenia, Bayshore, Davis Island. This I wanted to give you as a vision of what could happen here. The applicants want to tell you that they can't -- nothing can be afforded other than this. We paid so much in the market and everything else that nothing else can happen here. I believe that something else can happen here. This is an extremely important decision. It's something that if this goes up, it could send shock waves through the whole boulevard. It is glass, steel, something that I think does not fit in with the overall historic nature of this area, so once again, we would ask you either to deny this outright or send it back, have the applicants work with us. We're not going to say no to everything. Really work with us. Don't just have a simple perfunctory meeting. Let's have a real meeting and get this done and move on. Thank you. Chairman Teele: Thank you very much, counsel. Excellent presentation. Mr. Dickman: Thank you. Chairman Teele: By the way, who orchestrated all these people? That person ought to join General Abizaid over there in Iraq. Mr. Dickman: This is a team effort. These people are the most educated -- Chairman Teele: There were more people coming from more angles in a coordinated way than I've seen since I left the military. Thank you all very much. Counsel. Ms. Dougherty: Good evening, Mr. Chairman and members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I know you don't want to hear a whole presentation from me. Chairman Teele: We already have. Ms. Dougherty: Correct, so what I'd like to do is just sort of recap some of the salient points. We purchased this property in reliance on the current zoning. That current zoning is an unlimited height, which would permit, giving all the site triangles, about 268 feet in height in this property. We never proposed that. We first proposed a building of 167 feet, and, by the way, it is measured from grade. What they're talking about on the plans is measured from NGVD ( National Geodetic Vertical Datum), which is below grade, but ftom grade, this project is 149 feet, but we had originally proposed 168 feet. We have reduced that ftom 168 feet down to 149 feet. We've worked very, very hard with the staff and with the City officials. We worked with the neighbors, and I'm going to have Gloria pass out a piece of paper that tells you all 51 meetings that we've had with homeowners associations, as well as 25 meetings with the City staff and with City boards. We have been approved by the Internal Design Review Board. We've been approved by the Large Scale Development Committee meeting. We've been approved by the Urban Development Review Board not once, but twice -- actually, three times, because they've approved three different projects. The Planning Advisory Board also approved this project unanimously. We would -- actually, I take that back. It wasn't unanimous. There was one vote City ofMiami Page 125 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 who needed some more information. We have changed these plans five times to reach the concerns of both the City and our neighbors. We have now received the support of the Bayside Homeowners Association, the Palm Grove Homeowners Association, the Bell Meade Homeowners Association, the Biscayne Chamber of Commerce, the Upper Eastside Miami Council and the 55th Sfreet Station. At the last time, we told you we've -- also, in our last presentation or our last set of plans, we have reduced this building by two floors. We fixed the parking and circulation that the City wanted us to do, and how did we do that? We bought more property. We bought more property, but we still had the same amount of units. We've never maximized the height. We've never maximized the FAR (Floor Area Ratio). We've never maximized the number of units that could be permitted. We've incorporated the historic Andiamo Pizza. They're talking about historic properties. We've incorporated the most important and significant building on that boulevard, which is the Andiamo Pizza, which was designed by Robert Law Weeds. At the end of the day -- I want you to understand this -- this building is substantially in conformance with the HOK Plan. What they suggested, there are certain nodes or certain urban nodes that should and have more high density, and this is one of those nodes. We also have a very large buffer next to any single-family neighborhood. This property is zoned C-1 in part, with an SD-9 overlay in part. There are certain portions of this property that still have an unlimited height. The portion that doesn't have an unlimited height now is at 120 feet. It is not 95 feet. It is 120 feet. Our property or our proposal is at 130 feet, just ten feet over the ordinance that you just passed on Biscayne Boulevard, so in other words, this property is ten feet on Biscayne Boulevard higher than what you just passed last week. The residence that sits back off of Biscayne Boulevard is an additional 20 feet on top of that, so we are substantially in conformance with the HOK Plan. All the design review criteria that was proposed by that, we are in substantial conformance with that, which was approved at your last Commission meeting. We have -- the nearest, closest single-family residence is across Biscayne Boulevard, which is 100 feet, and then again, there is a 95 -- or there is a buffer of another office district across from Biscayne Boulevard, which now can have 95 feet or 85 feet, depending if it's residential or commercial, so there's a substantial buffer between us and our closest single- family neighborhood. Now, Dr. George, which -- I have to unfortunately object to his letter being admitted into the record, because he wasn't here and I wasn't able to cross-examine him. I also would have to object to Mr. Blazejack's testimony as being totally irrelevant as to what the market can bear in terms of condominiums. It's not something that's relevant to your consideration. Many cities have very, very historic buildings. If you want to consider this a historic neighborhood in a sense, many cities have buildings of our kind incorporated and compatible with those historic neighborhoods. Morningside is a historic neighborhood. We believe, and so does the Urban Development Review Board, the Planning Advisory Board and your staff that this is a compatible development with that historic neighborhood, so I'd ask that the -- yes, I'd ask Camilo to come up and -- thank you. OK, I'm going to clarify this. The Upper Eastside Miami Council did not take a position, but individual members did support the project and some of them are here today, and I'd like to have Camilo talk about the scale of that versus the actual scale of the building. Camilo Alvarado: Camilo Alvarado, 1625 South Miami Avenue, talking on behalf of Lapps Group. I will explain to you, in detail, a little bit about the scale of the project or -- very fast and I'll pass you to it. What you see here, the pedestal, are commercial space and there are three stories. Then you have a setback of where the residential tower is, and then you have another extra setback for the penthouses. In Biscayne Boulevard, what you see is commercial and retail. On 58th, what you see is the entrance to one of the buildings and residential, as well, town houses, town houses that are facing residential at the other side. Chairman Teele: Are you saying that town houses will be at the street level? Mr. Alvarado: Yes, correct, and the height is roughly 33 feet. Chairman Teele: That's on the 58th Sfreet side? City ofMiami Page 126 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Hr. Alvarado: That is on the 58th, where there is -- in front of that, the other side of the street, there is residential, as well, and in 4th Court, what we see is the entrance to the other building and retail that is in front of the Soyka Complex that is commercial, as well, and one day probably is going to be as well retail. Hs. Dougherty: And the folks who live across from us on 58th Street all support this project. Chairman Teele: OK. Hold on a minute. Would you just put that down and pick up the one that she almost threw in the frashcan? I saw that, counsel. Hr. Alvarado: One thing thatl saw from the other model is -- Chairman Teele: Hold on, hold on, hold on. Hr. Alvarado: OK. Chairman Teele: Whatl think you need to do is, you need to critique this project so that it's clear to us and the public that's been looking at it, in terms of what you're presenting now, that this doesn't reflect. Hr. Alvarado: OK. First of all, it's out of scale. The scale that you can see, you can compare clearly is the height of the pizza building and the height of the -- our pizza building with the relationship of the residential area. Chairman Teele: Now, is the pizza building the car wash? Hr. Alvarado: Yes. The pizza building is -- the pizza building is the Andiamo Building that is in the front of the building. If you look at the proportions to the building, you will see that the only differences will be one floor. Here, the proportions is more -- Hr. Dickman: Can you speak in feet instead of floors, please? Hr. Alvarado: Roughly nine feet, so what we have here is roughly 30 feet, and then what we have -- the height, the difference in height between the building and the pizza is roughly ten feet. What you see in that scale, taking into account that the pizza is roughly 20, 25 feet in height, you have more than double, so it's out of scale. It's difficult to compare, because they are out of scale. When you look at the -- Chairman Teele: No, no, you've done that. Now, put that one down and let's just look at this one, and tell us how this one doesn't reflect. Hr. Alvarado: Well, second thing of all, the building is out of scale with the pizza, so it's -- this difference in height is double. Chairman Teele: Right. Hr. Alvarado: So it's lower. Second of all, the commercial or retail space that is in Biscayne Boulevard, there are different open spaces to create sort of a rhythm. Here, you have a big block, a second -- Chairman Teele: See, I think that's very important, because the public testimony of a lot of very knowledgeable and very thoughtful people was very clear that this was just one -- I think they used the word -- what was the word that kept being used? City ofMiami Page 127 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 (INAUDIBLE COMMENT) Chairman Teele: Huh? Mr. Dickman: It broadsides -- Chairman Teele: Broadsides. Mr. Dickman: -- broadsides the avenue. Chairman Teele: Broadsides the Avenue. Mr. Dickman: Which it does. Mr. Chair, I'd also like to note that there are no -- Chairman Teele: Counsel. Mr. Dickman: Excuse me. Chairman Teele: So in other words, this is not one solid wall that's presented here. Mr. Alvarado: No. What we have in the retail area, there's different volumes, and I can show you in the facades, and you can see in the volume, in the model, there's different movements in the facade that fits different volumes and different shadows. That's to create sort of a rhythm. That rhythm, you can clearly see it in the model. As well, there's some open patios at the eye level that brings the scale lower, so what you read is not -- you're not going to read one monolithic pedestal, but you're going to read four or five different units of retail. The -- Mr. Maxwell: Mr. Chairman, just one thing. Can I ask the presenters when you're referring to models, we need to make sure that the record is clear about which ones you're referring to, so you're speaking now of the applicant's model and the opponents' model. Can you make that clear when you make those statements? Ms. Slazyk: Certainly. This is the applicant's model. Mr. Alvarado: Yes. This is the applicant's model that is -- Ms. Dougherty: The good one is the applicant's model. Mr. Maxwell: I know what -- Ms. Dougherty: The bad one's their model. Mr. Maxwell: No, no. I know visually what we're talking about, but on appeal, they're going to have a piece of paper there. OK? Mr. Alvarado: This is the applicant's model that is within scale. This is the -- Chairman Teele: Opponent. Mr. Alvarado: -- opponent that is out of scale. Mr. Dickman: Mr. Chair. Ms. Dougherty: With respect to some of the issues that he raised procedurally, I want to let you know that the City Code does not require an ownership disclosure until it goes to the City Commission. That was an inadvertent issue, but one of the reasons for the disclosure is not so City ofMiami Page 128 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 that the neighbors could know. It is so that the boards, who actually are voting on it, know that they don't have a conflict of interest. It's not for the purpose of neighbors knowing who owns the property, because that is also irrelevant. The issue in terms of the notices, 120 --140 feet, I mean, that sounds like 20 --14 stories, that sounds like at least 140 feet, if nothing more. Anybody who sees something that says that it's 14 stories is going to know that it's at least 140 feet. Chairman Teele: Right. Ms. Dougherty: So the public is on notice as to what was going to be discussed, and they have an opportunity to come forward and ask any other questions, so with that, I'd like the folks who are supporting this project to come forward and -- Chairman Teele: Hold it. Ms. Dougherty: Yes, sir. Chairman Teele: We're going to limit the folks that are supporting. Ms. Dougherty: Understood. Chairman Teele: Now, I was in error, counsel, with you. You should have had the opportunity to cross-examine the architect. If you'd like to do that -- Mr. Dickman: I'd just like to -- Chairman Teele: I cut you off and you can cross-examine him only as to what he's testified to, please. Mr. Dickman: Thank you very much. The -- you know, you testified that the opponents' model -- is that what we're calling it? -- the opponents' model is out of scale, but your model does not show any surrounding contextual buildings, which is required by code. Can you tell us what is the height of the Andiamo Building? Mr. Alvarado: Can I look at the drawings? Mr. Dickman: Because I'm looking at the drawings, too, and I've given them all to you all. Chairman Teele: By the way, Ms. Dougherty, subject to a decision by the board, the Chair is going to overrule both of your objections. The one is to the testimony by the doctor. That will be admitted, and the other objection you had was -- Mr. Dickman: She didn't like our building. Ms. Dougherty: The what? Oh, yes, Dr. Blazejack or the -- Chairman Teele: The objections to the testimony by the expert witness. You had the right to object or cross -- Ms. Dougherty: I object on relevance. It's not relevant as to whether or not there is a market for condominiums or whether or not they're going to be absorbed. That's not part of the criteria for granting a Major Use Special Permit. Mr. Dickman: Except that I would say, why are they asking the applicant to submit an economic impact study? Jobs, ad valorem -- I mean, I think you have to consider other projects City ofMiami Page 129 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 cumulatively, as well. What are the impacts cumulatively? Chairman Teele: We're going to admit it -- Mr. Dickman: OK Chairman Teele: -- for the purpose of the record. Mr. Dickman: Thank you, sir. The height ofAndiamo? Mr. Alvarado: Approximately 25 feet. Mr. Dickman: 25 feet? Mr. Alvarado: Approximately, yes. Mr. Dickman: Then from what see by the plans that you've submitted, it looks more like it's approximately 40 feet,; 39, 40 feet. Mr. Alvarado: No. You're out of scale. Mr. Dickman: I'm out of scale? Mr. Alvarado: Well, if you say -- Mr. Dickman: Your numbers -- they're your numbers. Mr. Alvarado: If you say Andiamo is 40 feet, Andiamo is not 40 feet. Mr. Dickman: They're your numbers, and how high is the pedestal? Commissioner Winton: Well, could he look at whatever you're looking at? Mr. Alvarado: The pedestal is roughly 30 to 35 feet. Chairman Teele: Well, why don't we do exactly what Commissioner Winton said? This is not an I gotcha. " This is -- we're frying to get the facts. Mr. Alvarado: Probably, what he's looking at is the numbers -- NGVD. Chairman Teele: Why don't you show him what you're looking at, and then you tell us exactly -- Mr. Alvarado: The difference that he explained in the previous presentation and what he's quoting right now, he's taking the dimensions from the level, the water level that's NGVD, so that adds roughly 13 feet extra. So when I say 25, he says 38 or 40, and that is the difference. That's basically -- when I say the building is 149, he says the building is 162, but it's the same dimension. One is taken from the level of the street. The other dimension is taken from the water Mr. Dickman: And what is from N -- say it again? Mr. Alvarado: NGVD. Mr. Dickman: Does anybody in here of the neighbors know what NGDV is? City ofMiami Page 130 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Unidentified Speaker: I do. Mr. Dickman: Excellent. Chairman Teele: Hold on, hold on. This is not a -- this is not a plebiscite. Hold it. This is -- Mr. Dickman: All right. I apologize, I apologize, but I'm just saying that when you read these plans -- Commissioner Winton: But he -- but Andrew, he just answered your question, so it isn't a guess anymore. Now we know the facts. Mr. Dickman: These are four -- OK, fine, but I'm just saying, when you look at -- they present heights, it's misleading to people, because they're presenting heights about how high things are. You have to understand that height is the most critical issue that people are thinking about on the boulevard. Commissioner Winton: But we have the answer. Mr. Dickman: That it's 13 -- so whatever numbers we're looking at, we subtract 13 feet? Mr. Alvarado: Depends. If it says NGVD at the right-hand side, yes. If it doesn't say NGVD at the right-hand side, you don't subtract. Commissioner Winton: And by the way, Andrew, I never heard NGVD, or whatever the thing is, until today so -- Mr. Dickman: It's an alphabet soup, but at any rate, these -- you -- why are you -- Chairman Teele: Well, what is -- do we all agree that we're measuring this from the height of the street level or the surface? Mr. Alvarado: To clarify, the height from the street level is 149 feet. If you take the NGVD, you just have to add 13 feet and that's it. Mr. Dickman: 149 feet to what? To the parapet or to -- Mr. Alvarado: To the top of the penthouse is -- Chairman Teele: So are those 13 feet below the surface? Mr. Alvarado: Yes. Chairman Teele: No, let him -- he's the expert. You're the legal expert. He's the architectural. Where are the 13 feet? Mr. Alvarado: The 13 feet is the difference between the street level -- (INAUDIBLE COMMENT) Mr. Alvarado: Yes, underneath. Mr. Dickman: Sub -surface. Chairman Teele: So you're talking about -- so the other designation, the -- say it again? City ofMiami Page 131 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Alvarado: NGVD. Chairman Teele: -- includes the sub -surface structure; that is, the structure below the -- Commissioner Winton: No. It's just a measure -- Chairman Teele: Huh? Ms. Dougherty: It's a method of measuring. It's NGDV, which is a measurement that a lot of people measure, but it's below the surface. We don't have any -- it's not because we have a building below the surface, but for this purpose, the only thing you need to know is that the building is 149 feet. Mr. Dickman: Just one other final question. Would you -- so you state that whatever it's measured from, that Andiamo Pizza is about 25 feet, right? Mr. Alvarado: Can you repeat, please? Mr. Dickman: Tell me again what you think Andiamo Pizza's height is. Mr. Alvarado: The Andiamo Pizza, from the street level, is approximately 25 feet. Mr. Dickman: In your opinion, is that about as high as a single-family home? Mr. Alvarado: Depends if it's one story or two stories. Mr. Dickman: One story. Mr. Alvarado: One story could be 20 feet, yes. Mr. Dickman: 20 feet, 25 feet, so -- Chairman Teele: Why are we into this so deep? Mr. Dickman: The point being is its scale; that what their model shows -- and granted, they are architects and they have made a beautiful model that we haven't seen before, and they don't have anything around it to show you scale, other than Andiamo's, so if you look at Andiamo on their -- the applicant's model, for the record, you're basically looking at the height of all the other single -family homes that are around it in Morningside and other places. That is what we want you -- and the reason why we have made a model to the best scale that we can, to show you that this is very out of scale and out of context. Chairman Teele: Yeah, but you know, you just opened the door again to the fact that your scale, according to their expert, is about two times of a deviation in terms of the height of that -- Mr. Dickman: No, he -- what I understood him to say was that -- and I don't know the alphabet soup of it -- but basically, they're -- if you measure 13 feet below grade or whatever it is, that we're off plus or minus 13 feet. Chairman Teele: OK, fine. What's your other point? Mr. Dickman: I think that was it. Chairman Teele: Good. All right. Now, look, how many people are going to be necessary, Ms. City ofMiami Page 132 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Dougherty, to testify? We heard from about an hour and a half of people. Mr. Dickman: Are these going to be -- Ms. Dougherty: I just want -- I'd like the folks who did not testify the last time to speak first. How many of those -- Chairman Teele: First? Mr. Dickman: No, no, no. Chairman Teele: Anyone who has already spoken will not -- Mr. Dickman: Cannot speak, right. Chairman Teele: -- will not speak again. Mr. Dickman: Thank you. Chairman Teele: The public hearing has been closed as to that. Are there any persons here that have not been heard before on this item? Please come forward. Have not been heard. Mr. Dickman: I believe this gentleman spoke. Mr. Gonzalez spoke. Chairman Teele: Please line up. Yes, sir, you're recognized for two minutes. Mr. Dickman: Sir, I object. He spoke at the last meeting. Alex Rodriguez: I asked for a continuance at 6 p.m., time certain, but I didn't speak. Alex Rodriguez, 469 Northeast 76th Sfreet, President of the Palm Grove Neighborhood Association. Chairman Teele: All right. Hold on a minute. Madam Clerk, in the future, when we bring these matters forward, I expect to have a verbatim transcript of the previous testimony. Ms. Thompson: We can get it for you. Chairman Teele: OK. Ms. Thompson: And we have -- Chairman Teele: But it needs to be out here with everybody so that we know where we are on this thing. Go right ahead, sir. Mr. Rodriguez: Thank you. Thank you very much for your time. I wanted to -- Chairman Teele: Your name and address for the record. Mr. Rodriguez: Alex Rodriguez, 469 Northeast 76th Sfreet, President of the Palm Grove Neighborhood Association. First, I'd like to clear up that the Kubik Project is, in fact, located in the Palm Grove neighborhood, right across the street from Soyka. That section has been known to have a lot of commercial activity, and it can be considered one of those commercial nodes that have been referred to in the charette. The design of the building aside -- except for height -- addresses all of the concerns that we've asked for as Upper Eastside residents in the past charette. What I would like to do is, I would like to applaud the developers for working so hard with the neighborhood, because they did not bring us what they could have built. In fact, they City ofMiami Page 133 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 brought us -- the first design was what they -- they had already compromised. Then they went back and redrew this five times, met with us countless times, and even deferred meetings, because they would tell us, we are not ready for -- we're not ready for what you guys want to see, and they deferred meetings so that they could please the neighborhoods and the associations, and basically, that's all I would like to say. The Palm Grove Board is in favor of the project and the majority of their members. Thank you. Chairman Teele: Thank you very much. Andres Lopez: Hello. My name is Andres Lopez. I live in 411 Northeast 52nd Terrace. I come today as an architect and as a Morningside resident. I recently moved to Morningside and I'm a strong supporter of Kubik. Of what I've heard today, there are different things, which I have something to compliment, my point of view. There was a lot of talking about the design of the project. Some of the things that were said is that it was not a project that was friendly towards pedestrians. I have to say that it is a project that is actually focused on the pedestrian side of the users of Biscayne Boulevard in its design. It's a project that, as well, differs from the context and the structures that are happening and are existing. I think it's a position that is not only valuable, but that is going to really increase the way you see Biscayne in the future. It's a project that, as well, is in a particular site, which has -- which is the last focus point in Biscayne Boulevard, and it's going to have great architectural value in the future, as it has been pointed out, old buildings that are as well of historical value. This can be done. This building is going to be a landmark that will eventually be historical, as well. Thank you. Chairman Teele: All right. Thank you very much. Abed Hamud: Good evening. My name is Abed Hamud. I live at 889 Northeast 78th Street. I do support the Kubik Project. As we all know, there is some activities and improvement on Biscayne Boulevard Corridor, but Kubik Project is the first unique major development in this area. Commissioner, please, I urge you to take this project into consideration and vote for it. By doing so, you will be voting for the future of this beautiful City we call Miami. I would like to remind you about something I received last election. It say here, "Vote yes for Miami future" -- which I did. I ask you, please, to vote yes -- Chairman Teele: We're going to rule that's inadmissible. Mr. Dickman: What relevance is that? Mr. Hamud: Thank you very much. Thank you. Chairman Teele: That was a picture of the Mayor and Commission, I think. Vice Chairman Sanchez: Sir, I thought you were never coming back to City Hall. Mr. Dickman: He's back again. Steve Caterbone: Again, I apologize. Chairman Teele: I thought he testified on this. Mr. Dickman: He did, yeah. Chairman Teele: No, no, no. Mr. Caterbone: No, no, that was -- City ofMiami Page 134 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: But Joe's going to remind him every time he comes back. Mr. Caterbone: -- last week regarding the -- Chairman Teele: Go right ahead, sir. Mr. Caterbone: Yeah. Thank you. Steve -- distinguished Commissioners, thank you for your time. Steve Caterbone, 432 Northeast 65th Sfreet, Palm Grove. Excuse me. I ask you, please, along this boulevard of broken dreams, Mr. Soyka, he turned on this light switch and now this Kubik can be the beautiful chandelier. As a resident of the City ofMiami, a City which I truly love, I beg you, I plead with you, do not tear this project from our arms. The soul of Biscayne Boulevard cries out for this project, and I promise you, for those who might leave with heavy hearts, five years from now, some of those people will thank you for your support. Thank you. Mark Soyka: Hi. My name is Mark Soyka, 589 Northeast 57th Street, Morningside, Miami. I'm actually -- sometimes, I have difficulties coming and speaking, simply because anybody that knows me -- you know my -- (INAUDIBLE COMMENT) Chairman Teele: Sir, let me apologize. Mr. Soyka: I didn't hear anything. Chairman Teele: You were not here last time, were you? Mr. Soyka: Not in the Commission meeting. Chairman Teele: OK, fine, so the gentleman is in error. He thought that you had spoken before, but this -- Soyka: The Planning Board. Chairman Teele: You're more than welcome to speak today, sir. Mr. Soyka: Thank you. Anybody that knows me -- and I said it to the Planning Board, too -- knows that I'm a preservationist. I believe in preservation. I like quaint, small, nice projects and from that perspective, I want people to know that am in support of this project and those are my reasons why. I'm a resident ofMorningside. I'm actually a resident of the Upper Eastside for a long time. The Soyka Project, which is five years old today, obviously was something that hoped in, as a thing that wanted to do for myself for the community. I'm in the restaurant business. I'm not a developer. I look at Biscayne Boulevard -- we started talking about 36th Sfreet to Miami Shores borderline, and the fruth of the matter is that more or less up to 50th Sfreet, it's almost built and has its own character. We're dealing with an additional 20, 30 blocks of what is known as the -- 50 -- 50 plus street to 79th Street. I know for a fact that, being also a business owner -- and I see the traffic on Biscayne Boulevard today -- Biscayne Boulevard is -- looks nicer, there are more things going on, but it's not as safe and it's not as wonderful as we want it to be. If you came out of this building and just walked towards your cars and look at Coconut Grove across from you, and you see the beautiful residential community of the Grove -- and we all know it's a beautiful community -- and right across over here, we see a few very, very beautiful buildings, high-rises that blend very, very well to the entire landscape, the Ritz Carlton and a couple of the beautiful hotels that they bring a certain grandeur. They have a certain beauty. There's a safe atmosphere there because of its light, because of its attractions for different people to come there, whether it's to stay in a hotel or residentially. Biscayne Boulevard right now is a street that needs something to make it more friendly, and I cannot City ofMiami Page 135 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 imagine that just by keeping it the same size all the way through, we're going to achieve that friendly pedestrian walk. I don't walk on Biscayne Boulevard up and down. I don't think anybody will ever walk on Biscayne Boulevard, like you walk on Lincoln Road and Ocean Drive. It is not that type of a thoroughfare. It's just the question of a street that should be safer, should be nicer, and to me, it's not the size of the building. Chairman Teele: Mr. Soyka -- Mr. Soyka: To me, it's really about the architectural beauty of the project, and if we are going to have four, five, six buildings along Biscayne that are taller than what our residential buildings are, I have no problem with it. Chairman Teele: All right. Thank you very much. Your time expired two minutes ago. All right . The public hearing is closed. Lucia, you can select one other person to speak. That's it. Mr. Dickman: I think he spoke last time, too. Virgil Louis Fieber: I have some new information. Chairman Teele: Your name and address for the record. Mr. Fieber: My name is Virgil Louis Fieber. Chairman Teele: You spoke the last time, didn't you? Mr. Fieber: Yes, sir, I did, but this -- Chairman Teele: Hold on, before you do. Is there anybody else who has not spoken? You spoke the last time. All right, come on up, anyone who has not spoken. Those are our procedures, Virgil. Just hold on a minute. Come right up, anyone who has not spoken. Look, folks, let me explain something. The proponents had an opportunity to put on their case in full, OK? The proponents had an opportunity to put on their case in full. We didn't cut them off. What is happening now is you're opening the door to a rebuttal by putting on a case after they have put on their opposition, so all that I'm saying, counsel, is you need to help control your side of this issue, unless you all are prepared to continue this to the next meeting, because, you know, we have a time to adjourn, which was 20 minutes ago, and we announced that this morning. I don't have any problem starting this thing all over and letting everybody that's spoken today opposed come back and testify again, but if we let one person speak over here who has spoken already, I'm going to open the door and let somebody over here speak, because fair is fair, OK? Now, anyone else who has not spoken? Go right ahead, sir. Shane Graber: OK. I'm not sworn in. I don't know if that -- Chairman Teele: Well, everybody was sworn in at the beginning. Mr. Graber: OK. Chairman Teele: If anyone has spoken already that wasn't sworn in, would you please stand, raise your right hand and repeat after the Clerk? The City Clerk administered required oath under City Code Section 62-1 to those persons giving testimony on zoning issues. Mr. Dickman: Mr. Chair, just briefly. His letter was read into the record, I believe, at the last hearing. City ofMiami Page 136 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Shane Graber's was. Chairman Teele: Huh? Was your letter read? Mr. Graber: Not that I'm aware of no. Chairman Teele: OK. Go right ahead, sir. Mr. Graber: My name is Shane Graber, 1001 Northeast 72nd Sfreet, historic Bayside in the Upper Eastside, Miami. I'm the President of the Bayside Residents Associated. We start at 61 st Sfreet and extend to 72nd, east of Biscayne Boulevard, about 250 homes, over 500 residents. My purpose of being here is to just communicate that my board unanimously voted to support this project at our board meeting on April 6th. I want to make note that as President, I do not have a vote and I do not have the ability to make a motion, so I'm merely here as a communicator of that message. Chairman Teele: Thank you very much. Mr. Graber: Thank you very much. Chairman Teele: Anyone else? Imad Hamud: Good evening, gentlemen. Imad Hamud. I live at 889 Northeast 78th Sfreet. I live in that community for about 28 years now and I know this neighborhood very well, probably more than anybody who spoke tonight. I heard they need smart growth. What is smart growth, really? They should -- Chairman Teele: Hold it, hold it. Mr. Hamud: Yes, sir. Chairman Teele: Don't even go like that. You don't need to begrudge or talk about anybody who's spoken. Mr. Hamud: All right. Chairman Teele: You make your point. Mr. Hamud: I will. Chairman Teele: And don't ask any questions of them. Mr. Hamud: I will. Chairman Teele: Because then they're going to come up and answer. Mr. Hamud: All right. Chairman Teele: Please. Mr. Hamud: Sure. Chairman Teele: Thank you. City ofMiami Page 137 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Hamud: I think this project is the first and the finest project in 25 years that comes to that side of the boulevard. That neighborhood was so depleted and dull, melancholic, miserable. You name it. Then Mr. Soyka came in and put some nice development in that complex, and I hope it radiates all around that section. He put some life in that neighborhood, and quite frankly, we need some more life. This is not enough. We need some more life in that section. I have noticed something -- well, I should not speak about the other people. I understand this developer have changed the design three, four times, five times. What's fair is fair. Enough is enough. He went through a lot, and he worked hard with the neighborhood, and they don't mention that to you, I guess. What I'm trying to say, I don't mean to be rude, really, to them. I just want to speak my mind. I think they're a little bit paranoid. They're afraid from development. This is nice project here, and I think you guys should be really thankful to him. He got a lot of guts to come in and pump lots of money in this neighborhood. Commissioner Winton: You need to be talking to us, not to them -- Mr. Hamud: I'm sorry, truthfully. Commissioner Winton: Your comments are not to them, and talk to us and not them. Mr. Hamud: Right. That's all I have to say. I hope you approve this project. He really deserve it. We deserve it. It's good for everybody. Chairman Teele: Thank you. Mr. Hamud: Good revenues for the City, as well. Thank you. Chairman Teele: Thank you very much. All right. Is there anyone else that will be speaking? All right. This is the last person who will speak as a proponent. You're going to be recognized for one person to come back and speak in rebuttal to whatever he says. Go right ahead, sir. Mr. Fieber: Did you pass out my -- Chairman Teele: Go right ahead, sir. Mr. Fieber: My name is Virgil Louis Fieber. I've spoken before, but I have some information here that's different. There's three points. One of them is the building at 5701 was built in 1973. Another point is that the nearest point of the Kubik Building to the historic Morningside is 229. 54 feet away. If you look at the handout there, there's a plat showing you the distance, so it's farther than what you've been led to believe. The other point is that we surveyed the number of properties that have been purchased in Morningside between 66th Street and 52nd Terrace on the east side of Biscayne Boulevard. We surveyed 379 properties within this area. Of these properties, 342 were purchased from 1974 until February of this year. The ten -story high-rise was built in 1973, so what we did, there was 345 properties out of the 379 surveyed that were purchased after the ten -story building at 5701 was built. That is like 90.23 percent of the people back there bought their building after the ten -story building was up. They knew what they were getting. They knew what was going on. Please approve this thing. It's good. Thank you. Chairman Teele: The public hearing is closed. You've got one rebuttal, if you insist. Mr. Dickman: Very, very quickly. Chairman Teele: You have one rebuttal, not you. Mr. Dickman: Not me. City ofMiami Page 138 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: If there is somebody you want to put on in rebuttal to the last person that spoke, be my guest. Ms. Foehrenbach: The gentleman -- Chairman Teele: Your name, Mary, your name. Ms. Foehrenbach: I'm Mary Foehrenbach, and I live at 655 Northeast 55th Terrace. The gentleman forgot to mention one very important fact: That those of us in the Morningside area - - and he was not part of the project -- we worked very hard to get it designated as a historic district. We went door to door. We looked up every property in the area. It was a long, tedious process, and that's what made the east side of the boulevard what it is today -- a desirable place for people to buy homes. Chairman Teele: Thank you. Thank you. Now, counsel, you've had your final say. Have you completed your rebuttal, or do you need more time? Ms. Dougherty: I just have one observation, and that would -- that is, I would ask that the City Commission approve the project as recommended by the Planning Advisory Board, and that would include the bonuses, because to take away the bonuses, all that means is that we would have to enter the retail from the inside of the building, or take it away, and that's not the character that you want for the boulevard. Chairman Teele: Madam Director, I want -- I guess we're looking a little bit for a clear statement that that is the sole intent of the bonuses; that that is the sole intent or impact of the bonuses. Ms. Slazyk: The intention of the condition that the bonus be eliminated would be that additional units be eliminated, and you know, the bonus has a square footage equivalent attached to it, which is in the 30,000 square foot range. The intention of that condition was that the retail stay, the ground floor, and that it continue to open to the outside, and that the 30,000 be eliminated from elsewhere in the building, not from that location, so I guess I offer that as further clarification on the intent of that condition; not that they keep that as accessory and internalize it and the building stay exactly the same. The intent was that that be eliminated from somewhere else. I know that's how they used their bonus, but that wasn't the intent of that condition. Chairman Teele: So could the bonus recommendation be modified to provide for access consistent with the original plan? Is that your point? Ms. Dougherty: No. All I'm saying is that we are requesting that you not take away the bonuses. That's all we're asking. Chairman Teele: I heard that, but you said the reason -- Ms. Dougherty: And all I'm saying to you is, if you took away the bonuses, we could have exactly the same building, just have to internal the retail, and that's not something you want, or take it away from the garage. We've done everything that the City has asked us to do, and we would ask that -- to make this recommendation now, after we changed the project -- they didn't have this recommendation when we came in the first project that was 167 stories -- I mean 167 feet. They made that recommendation after we changed the project, and we went back to the Planning Board a second time, so we think that's highly unfair and, in fact, the height is not 95 feet. It's 120 feet, based on your new ordinance. Chairman Teele: All right. What we're going to do is allow the district Commissioner to comment and make a motion, and then we're going to debate from a motion, if that's all right? City ofMiami Page 139 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Sure, that's absolutely fine. The presentation that the homeowners put on -- and Elvis seems to do this routinely. He has this capacity to put on very good presentations that make you look at things in a different way, and I'm not sure where I'm going yet, by the way, so I'm going to kind of -- I'm going to talk myself through this. There is going to be a project built on this site. There is going to be a project that's probably much more substantial than at least some of the people in this audience are going to want, because it's allowable. The fact that we have the MUSP process is the only reason we can get at potentially some of these other issues . Absent the MUSP process, which gives us broad latitude, absent that process, given our current Zoning Code, this project probably would be completely allowable as it is. Morningside, however, is an historic neighborhood, and as far as I'm concerned, is a very, very important neighborhood that does have to be protected, and it's crucially important to protect that neighborhood. I struggled, and I understand the whole -- this issue about scale is, in my mind, the whole issue. It's the whole issue, and where both parties failed, both sides failed, that model is inaccurate. It's misleading. That model, I can't figure out what the scale is. I can't figure out how that model fits in context with the surrounding neighborhood, and probably, ifI could figure that out, it would be easier to make a decision. I have a sense, however, that it doesn't -- that it probably doesn't fit contextual -- in context -- I'll change the word so I can get it out right -- but can't tell, and so the reason that I'm talking myself through this, which I generally wouldn't do is because I don't know what the right answer is yet. I don't know how that building fits, butt will tell those of you from the neighborhood, in the presentation that was made last week, I guess it was --when it -- was it last week? We have so many meetings anymore, I can't keep up with them Chairman Teele: Two weeks ago. Commissioner Winton: They've done some very, very, very nice things, as far as I'm concerned, relative to how -- at least at the street level -- how that's interacting with the street. There's an awful lot of landscaping in here that they're not required to put in, and what they've done with Andiamo's and that whole end down there, I think they've done a terrific job as it relates to architecture. You can go into any city in the United States and find brand new urban architecture right in the middle of historic architecture, and it works, and it's acceptable, so the issue in my mind is not architecture. It is about how it fits in terms of the rest of the neighborhood, and nobody's answered the question for me, so -- and I would further guess here - - and I think I know where I'm going to go -- I would further guess that ifI introduce a motion to deny the project, it would fail. That's going to be my guess, and that doesn't do anything, and one of the things that this Commission has done over and over and over again, and has been successful every single time is made the developer, one more time, go with all the neighbors as a group and figure out if there's something that's rational, butl will tell the neighbors -- and I've said this many times -- if you push too far, you're going to lose, because there's an awful lot in our code that this project fits in, and so I'm going to move that this project be continued for another 30 days so that the developer goes back with this group of neighbors and you all figure out if there's some changes that are rational to this project that can improve relative to some of the issues we're talking about, and to the developer, I want to make sure -- when you come back, I want to see context. I want to see the buildings around it, like they're talking about, so that the model is crystal clear to all of us, and then we're going to make -- then -- and I promise you, we will make a decision. They're going to make a decision. Chairman Teele: Commissioner, that motion does not include -- or that motion does include that you're recommending continuance without additional public hearings? Commissioner Winton: Absolutely correct. We've heard all -- Chairman Teele: Not one new public hearing. The lawyers and the staff will make the sole presentation. City ofMiami Page 140 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Yes. That is my motion. Chairman Teele: And I -- because what makes it look so unfair to both sides is you let one side have their whole day. We give the other side a continuance as a courtesy to them over the objections -- Mr. Dickman: We appreciate it. Chairman Teele: Say again? Mr. Dickman: And we appreciate the -- Chairman Teele: You do appreciate it -- and then everybody wants to start coming back again, and it's just so unfair to the process, and I realize the eagerness, but we cannot reopen the public hearing for one or two people without giving people on the other side the same opportunity, so what we're saying is there will be no further public hearings. It'll be open to the public. You're free and welcome you to come back, but if we open it for one person, we're going to open it for everybody. That's sort of what we're saying. Vice Chairman Sanchez: Oh, gosh. Commissioner Winton: Well, it's pretty crystal clear to us what everybody's opinions are anyhow, so that's well understood. Chairman Teele: All right. We have a motion. Do we have a second? Ms. Dougherty: Can I ask a question, though, before -- I just -- how do we treat -- this is just a question. How do we treat the R-3 district, which is immediately abutting for context? I mean, we have single-family. How --I mean, you know, duplexes and multi family. Commissioner Winton: You're going to freat it as -is, because the City is going through a new master planning process, and a complete rewrite of our code, and we may do some zoning changes, so what I want to look at is what's there today, not what may be there 20 years from now. Ms. Dougherty: And can we have this on May -- June the 10th, instead of -- Commissioner Winton: June the 10th, yes, June the 10th. Ms. Dougherty: June the 10th? Commissioner Winton: Yes. Not the last Planning and Zoning, but June the 10th. Chairman Teele: All right. We have a motion. Do we have a second? Commissioner Regalado: Second. Chairman Teele: All right. Vice Chairman Sanchez: Discussion. Chairman Teele: All in -- Vice Chairman Sanchez: Discussion. You know, I didn't want it to get so late, but let me tell you City ofMiami Page 141 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 something. This is starting to be a nightmare. Commissioner Winton: Excuse me. I'm being told that need to modify my motion. I said 30 days. It was just -- so continue it to June the 10th. Ms. Thompson: Thank you. Commissioner Winton: OK? Ms. Thompson: Thank you. Commissioner Winton: So Commissioner Sanchez. Vice Chairman Sanchez: OK. Mr. Chairman, this is -- you know, this is getting to be a nightmare. I mean, in all due fairness, I've heard both sides and now there's a motion and a second. I just want to discuss this. You know, we -- this has been back and forth, and no matter what, you have a district that's basically divided in a way with this project. I just -- listen, I'm looking at the point where we're starting to set a bad precedence in this City. I mean, we're sending a wrong message out there with the moratorium, and what we're doing to developers that are really -- in my case, have tried to act in good faith, in all fairness, in all fairness. I mean, this developer -- I think there's other -- one developer here in Miami that has really earned a name for being a humble individual, and that's Allen O'Hara, with Park Place. I mean, he met with everybody in the homeowners association, because I was involved in that, had "X" amount of meetings. I mean, I'm not going to get into the number because, counsel, you're absolutely right, they're totally irrelevant as to the many times that he's met and the many times that he's modified that, the plans, but let me tell you, you have a community that are divided. I mean there's pros and cons, and based on development that's going to go on that site, let me tell you something. The current zoning allowed for a development that you need to take into consideration. You know, what -- you know, be careful what you ask for. Looking at the design and stuff that look at -- you know, Commissioner Winton's right. I don't think it would have had -- you know -- he would have had the votes today if he would have voted against it, but I'll tell you this much: I feel very uncomfortable, super uncomfortable, you know, not voting on this and deferring. I know I don't have the votes. There's a motion and a second already, but I'll tell you this much: You know, I've heard -- I have dreams with this development, and I have problems in my district -- OK? -- and I know that you have problems in your district, but think this is something that we need to resolve. Based on a point of view of community revitalization, that area is booming. I don't think this building -- there's a moratorium in that area now that's going to protect you in the long run, so I don't -- I think -- you know, you're looking down the line that you may not see another building there in the longest time, and a lot of the arguments made here -- this developer bought the property two years ago. This is not somebody who's squeaking at the last hour, got in through the back door, bought the property and made the efforts to fry to squeeze it through the process, so I'm telling you this much: If it comes back, this Commissioner is going to approve that project, because I shoot from the hips. You don't need -- I shoot from the hips. I mean, I've heard both arguments, I've heard both sides, and let me tell you how I'm going to make my recommendation. First, the City gives me a recommendation and when -- this is a flip for me. I have to flip this coin. The Planning and Zoning recommended approval with conditions. Planning and Zoning Advisory Board recommended denial to the City -- denied to the City Commission on December the 17th, and then came back and recommended approval on a four to one. Zoning Board recommended approval on a special exception to the City Commission on December the 15th, 2004 (sic), and we have been playing ping pong with this back and forth, so you know, I'm not comfortable with deferring it another `X" amount of days, but you know what? In all fairness, if it comes back and there's no public hearing, we just decide on it, I can live with it, but I'm just -- I think we're sending the wrong message, especially to an area that you're not going to see much development there for the longest time, thank God, but be careful what you ask for. City ofMiami Page 142 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Dickman: IfI could, Mr. Vice Chair, I just want to clarify something. Chairman Teele: Hold on, one moment. Just a moment. This is not -- this is Commission discussion. Mr. Dickman: I understand. Vice Chairman Sanchez: I know I don't have the votes, but -- you know. Chairman Teele: This is Commission discussion. Is there something you feel the need to say? Mr. Dickman: I just think it's important to say I don't think that the Upper Eastside is divided. I think -- Chairman Teele: No, no, no. You're -- I'm not going to allow a debate with the Commission. I - - good try. Commissioner Regalado, did you -- Commissioner Regalado: Well, sooner or later, we have to vote. Vice Chairman Sanchez: Well, I'm prepared to vote today, if you are. Commissioner Regalado: So, I mean -- Chairman Teele: Where is the Sergeant -at -arms? You know, we've got to put these two guys on our watch list. They have such problems controlling themselves every time they come. Commissioner Regalado: They're lucky that the FTAA (Free Trade Area of the Americas) Ordinance is off the books, because they would have been arrested for just smiling, butt mean, you know, it's -- sooner or later, we're going to have to vote. Mr. Maxwell: Ms. Dougherty -- Commissioner Regalado: Sooner or later, we are going to have to make a decision. We always look to the area Commissioner for guidance in this, but it's getting to a point of you know, like coming back, and coming back, and demanding more. I just don't think that the residents who are not in agreement will be in agreement when they come back. I mean, it will be the same, and so -- but, you know, that's why there are many associations that are seeking moratoriums, and change of zoning and codes, because we need to strike a balance between buildings and houses, and -- but we don't have that right now, so I'll just wait to vote on June 10. Is it June 10? But I guess that it will be the same people having a lot of issues, and other people pushing forward, so I don't know what this would accomplish, butt seconded the motion, and I would vote for a deferral. Chairman Teele: All right. IfI could, let me say this: First of all, it's not -- zoning in this decision is not a plebiscite. It doesn't matter how many people are for it and against it. It's really based upon the competent evidence that's presented, and I think it's really a mistake to talk about things being divided, because if one person is saying it and a hundred are saying something different and that one is presenting the competent evidence, then that's the one that should win. This is really not about a referendum. Secondly, I want to compliment the homeowners who came in today. With the exception of the scale drawing, the homeowners came in today and really, I think, caused the district Commissioner -- they certainly caused me to take another hard look at the project, and I think your comments were succinct, were very orderly, to the point, and I'm very, very much inclined to support Commissioner Winton's deferral tonight, City ofMiami Page 143 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 because I really do think the homeowners are entitled to another chance to sit down with the developer. However, I want to underscore what Commissioner Winton has said. This is not a carte blanche to insist upon and demand unreasonably anything in terms of your discussions with the developer, the development team. When I look at the schedule of presentations, two things strike me. First of all, the project really hasn't been in the system that long, but the intensity of the meetings, particularly the meetings that are purportedly with the Morningside residents and different Morningside residents is very impressive, and I really do think that everybody here that has made a presentation tonight in opposition owes it to yourself and to the City to sit down in good faith and have an honest discussion, and I would ask that the City staff at least be able to come and observe -- not to participate, but to observe that meeting, and I hope both counsels can agree to that. Ms. Dougherty: We would welcome that. Mr. Dickman: We're more than willing to sit down and try to find common ground. Chairman Teele: Finally, I have to say this: I'm somewhat familiar with the area, in that I get my car washed on Fridays at the Leo's -- in fact, I was a little offended. Everybody had the name of everything in the area except Leo's Car Wash. Mr. Dickman: Leo's Car Wash. Chairman Teele: You know, you had the pizza place and Soyka, but Leo is there, too, and he's doing a good job of washing cars, so give him a break. Mr. Dickman: He's doing a great job. Chairman Teele: But the fact of the matter is, in all candor, this is a unique piece of property, geographically, and the thing that I think has not really been made by Lucia -- one of the things that I think was not real clear is the uniqueness of this property. This property literally stops at 55th. I mean, it sort of goes down to 54th. There's a little narrow strip, but that's the point where Biscayne Boulevard and Federal Highway, I guess, or 4th Avenue, you can literally jump across -- you can jump from one side to the other -- jump across 54th -- I mean, Biscayne to 4th Avenue and very, very narrow in there, and then it opens up down as you go north, but really, when you get to -- what is that? -- about 58th Street? Is it 58th Street is the very end? Mr. Dickman: The north end. Chairman Teele: That's a double -- that is a divided street, so you're really looking at a very unique piece of property, which, by any standard in my mind, does not really set a precedent. The map here shows that, but I think -- you know, the thing that the Morningside people need to understand, my thinking on this is that this piece of property is so unique, it's almost like an island, in a way, in a very real way, from a traffic point of view and from a neighborhood point of view, and it's a unique piece of property. If this piece of property were a part of the corridor of Biscayne Boulevard, I would take a totally different look at this, butt have to tell you, the -- not this thing, but the drawing that the proposer, the offerer, or the developer has presented, in terms of how it opens up onto the streets and you allow the traffic in and out and the commercial component, I think it complements the 55th Station extremely well in terms of what's going on in that neighborhood, and so I just want the public to know, the Morningside people to know that I am very, very impressed with this development. I am impressed with the -- with testimony that has been presented in opposition, as well, but I do think that it would behoove everyone to come to a consensus, because I think projects like this are on this -- projects that are really going to increase the pedestrian traffic on Biscayne Boulevard and the commercial activity are something the community needs, so I'm supporting the motion to defer, urging again that Commissioner Winton's words be taken to heart, and that is that everybody really sit down around the table one City ofMiami Page 144 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 last time for a frue compromise. Commissioner Winton. Commissioner Winton: Yes, and I'd like to make a couple of points to the neighbors, and this is part of the conflict that you all are going to have to figure out, because here's some things you ask for. You ask us to deny the bonuses, but if we deny -- if you deny the bonuses, then the retail component that the City's tried to force them to put on Biscayne Boulevard can go away. They don't have to put it there, so there's -- what do I do about that? You've -- we've been through this long process where we've controlled height, but they do have a right to build -- and this goes on all over the City, you know -- `X" number of units. They could build more units and make them smaller. They can do things that our code unfortunately allows, and you've got this height limit, so you know, do you play with the building in terms of height, open up more? I don't know, but those are issues. You want to save the dance studio piece or property that think is magnificent, but they've gotten that property because they brought height down trying to -- and so you all have to think about these things and come to terms with some of these things to ultimately figure out how you reach an appropriate balance with the developer. Now, that's to the homeowners. To the developer, I will tell you guys unequivocally, if you all come back here and the whole issue is this is it, this is it, this is it, I'm not going to support it. IfI don't have the frue sense that you guys have done everything in your power to fry to -- to rationally work through issues with the neighbors, I'm notgoing to support this. I may lose, but I'm notgoing to support it, so that's all have to say. Vice Chairman Sanchez: Call the question. Commissioner Winton: Oh, yeah. So we have a -- Chairman Teele: We have a motion. Commissioner Winton: Oh, there's one question. The question is May 27th, I don't know, Mr. Dickman -- Mr. Maxwell: No, it's June IOth. Commissioner Winton: -- I would like you to -- I'm sorry? Mr. Maxwell: June IOth. Commissioner Winton: No, no, I said June IOth. Chairman Teele: June IOth is set aside for community development. We are admitting this based upon your motion onto the June IOth agenda. Commissioner Winton: Well, they asked if we could do itMay 27th. I don't know if that's enough time for everybody to get together, frankly. I think you ought to do it June IOth, because we got enough time. Then it's not a madhouse. Nobody can argue that we didn't have enough time. Commissioner Regalado: But remember, remember -- Unidentified Speaker: And a time certain. Commissioner Regalado: Remember -- Commissioner Winton: Oh, time certain. Commissioner Regalado: -- Chairman -- City ofMiami Page 145 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Dickman: There's not going to be -- Commissioner Winton: Yes, sir. Mr. Dickman: There's not going to be testimony. Commissioner Regalado: No. I think, you know, the June IOth is a special meeting, and we just had something about the bus benches and all that. Chairman Teele: About the what? Commissioner Regalado: The bus benches and the bus shelter there. Chairman Teele: Don't worry about it. We can manage all that. This will be taken up June IOth at 2 p.m. We will not be here until -- we will not be after 4 o'clock on June IOth. Commissioner Winton: Oh, because it's a special meeting? Chairman Teele: It's a special meeting, strictly community development. There will be no zoning items on the agenda. There's only one or two other items on that meeting, so 2 o'clock or 3 o'clock at the latest. Commissioner Winton: Because we'll be done. Chairman Teele: We'll be done. Mr. Maxwell: What time, 2 o'clock? Chairman Teele: What time is preferable to you, 2 or 3? Mr. Dickman: 3, obviously. Chairman Teele: 3? Mr. Dickman: 3 o'clock. Chairman Teele: 3? Ms. Dougherty: Doesn't matter. I would just like to be the first on your agenda, whatever it is. Chairman Teele: 3 o'clock time certain. Commissioner Winton: 3 o'clock time certain. Ms. Dougherty: Thank you. Chairman Teele: On the motion. All in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. The item is deferred until June IOth at 3 p.m. Mr. Dickman: Thank you, Commissioners. City ofMiami Page 146 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: Or continued. Mr. Maxwell: Continued. Mr. Chairman, is the meeting adjourned? Chairman Teele: The meeting is adjourned. City ofMiami Page 147 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 SUPPLEMENTAL AGENDA DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. SI.1 04-00438 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF $2,000,000 FROM THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT DISTRICT 5 QUALITY OF LIFE BOND FOR A FOOTBALL/SOCCER MINI -STADIUM WITH A SEATING CAPACITY OF APPROXIMATELY 5,000 TO 6,000 TO BE LOCATED IN THE DISTRICT 5 AREA; FURTHER AUTHORIZING THE EXPENDITURE OF $1,000,000 FROM THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT RANGE PARK BOND ALLOCATION, FOR TOTAL PROJECT COSTS NOT TO EXCEED $3,000,000. Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0310 Chairman Teele: All right. Let's take up the stadium issue. Jorge Cano: City Manager. Jorge Cano, Capital Improvements Department. The resolution, Commissioner, addresses the long-standing need for a sports venue in this part of the City to support football and soccer activities. The selection of Range Park was influenced by the geographic location, accessibility to I-95, proximity to area high schools, and the availability of parking at the existing park and high school, with Edison across the street. A hundred percent of the funding would come from Homeland Defense. Two million would be from the Quality of Life funds from District 5, and a million from the Range Park Neighborhood Parks allocation. Chairman Teele: That's not what the Manager said to the board the other night that he was going to recommend to the Commission. Mr. Cano: That was one option. The second recommendation was to replace the funds -- this was at the Homeland Defense Oversight Board. Option 2 was to replace -- and this was strongly recommended by the Bond Oversight Board -- to replace those funds -- Commissioner Winton: Which funds? Mr. Cano: -- from the -- the Quality of Life and the Range Park funds with the three million from the soccer stadium complex line item in Homeland Defense. Chairman Teele: And to advance the funds -- Mr. Cano: Yes, sir. Chairman Teele: -- from City fund -- other funding sources until those bonds have been issued. City ofMiami Page 148 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Cano: The understanding was that we were going to look at the existing Quality of Life and the Range Park; is that what you mean by the other City funds? Chairman Teele: Well, to advance it, yeah. Mr. Cano: Yes. Commissioner Regalado: But, Mr. Chairman, I remember that we did -- Chairman Teele: IfI may? Let me yield the chair to Commissioner Winton -- Commissioner Winton: Got it. Chairman Teele: -- so I can make the motion. Commissioner Winton: Yes, sir. Chairman Teele: OK. It's very simple. We went to them with a recommendation of taking one million dollars out of the Range Park, and two million dollars from the Quality of Life. They came back and said we will approve that conditionally, but we would strongly recommend that you take this from the soccer item line -- item and do it that way. The Manager agreed. In fact, Commissioner Gonzalez was in the audience -- he agreedn, and so the recommendation coming today was to take it from the ten million dollar soccer line item, that is the three million dollars, but to advance the funds from the identified sources or any other source -- Cano: Yes, sir. Chairman Teele: -- that the Manager may identify to move the project, and the reason that I'm moving it is because the cost of steel and the -- this is being bought off of the County contract that's three years old. The provider has assured us that he will hold the price, but he can't hold it indefinitely because they're going to go up on the price of the thing, so I would move it for discussion, Mr. Chairman. Commissioner Winton: Need a second. Commissioner Regalado: Second. And the price of cement -- Commissioner Winton: And it -- Commissioner Regalado: -- has gone up fifteen dollars per ton. Commissioner Winton: I think the plan makes infinite sense. I think the Bond Oversight Board's recommendation makes sense, so any further discussion? Mr. Cano: OK. Commissioner Gonzalez: I have to agree that whatever we're going to do in construction, if we can, we got to move fast because -- Commissioner Winton: Especially with an old contract. Commissioner Gonzalez: -- I found out yesterday that the ton of steel was costing last year three hundred and eighteen dollars. You know how much they pay -- someone that I know paid last month? City ofMiami Page 149 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Double. Commissioner Gonzalez: Seven hundred and eighty-nine dollars. Commissioner Winton: Yeah, that's what's going on. Commissioner Gonzalez: Another crisis that we have is cement. Commissioner Winton: Yeah. Commissioner Gonzalez: There is no concrete cement. Commissioner Regalado: Fifteen dollars. Commissioner Winton: Right. Commissioner Regalado: Fifteen dollars. Commissioner Gonzalez: They're importing cement. Commissioner Winton: And Commissioner Regalado has to leave, so if there is no other -- yes, sir, quickly. Glenn Marcos (Director, Purchasing): Just don't want you to forget the SI.6 item, so we do need the -- Chairman Teele: We got it. Commissioner Winton: All in favor, "aye. The Commission (Collectively): Aye. Commissioner Winton: Like sign opposed. The motion carries. SI.2 04-00442 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ("FUND") ENTITLED "DISTRICT 5 MINI - STADIUM FUND," AND APPROPRIATING SAID FUND WITH PROCEEDS GENERATED FROM THE FIRST FOUR YEARS OF OPERATION OF THE MINI -STADIUM (FOOTBALL/SOCCER) TO BE LOCATED IN THE DISTRICT 5 AREA, SAID PROCEEDS FROM THIS FUND WILL BE USED TO REPAY, TO THE EXTENT IT IS FINANCIALLY FEASIBLE, THE HOMELAND DEFENSE AND NEIGHBORHOOD IMPROVEMENT DISTRICT 5 QUALITY OF LIFE BOND. 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 City ofMiami Page 150 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 R-04-031 2 Chairman Teele: Now -- Commissioner Regalado: 2:30, right? Chairman Teele: All right. Yes, 2:30. Now, the resolution creating the account on special revenue fund 2, Mr. Budget Director, what does that do again? Commissioner Winton: Which item is this now? I can't keep up with this. Chairman Teele: We did SI.1 -- Larry Spring (Chief of Strategic Planning, Budgeting and Performance): You did SI.1. Commissioner Winton: Right. Chairman Teele: -- which was to -- Commissioner Winton: Soccer. Chairman Teele: -- authorize the expenditure. Commissioner Winton: Yeah. Chairman Teele: SI.2 is to create the account. Commissioner Winton: Oh, I see. OK. Chairman Teele: So is there a motion on SI.2? Commissioner Gonzalez: Move SI.2. Commissioner Winton: Second. Chairman Teele: Is there a second? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Madam Manager, the one thing that I would ask you to look at - - I'll take it up a little bit later. I didn't realize that we have the Bela Tacolcy people here. Mr. Budget Director, yes? Mr. Spring: Well, I was just going to say that I'd like to meet with you on this item, ifI possibly could. Chairman Teele: That you what? Mr. Spring: I would like to meet with you on this item. Chairman Teele: OK. Mr. Spring: When you take it up later. Chairman Teele: All right. Thank you. City ofMiami Page 151 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Which item? Chairman Teele: You're talking about SI.2? Mr. Spring: SI.2. Chairman Teele: All right. SI.3 04-00485 DISCUSSION ITEM DISCUSSION CONCERNING THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND BELAFONTE TACOLCY. 04-00485 email.pdf DISCUSSED Direction to the Administration by Chairman Teele to develop with non-profit organizations, a resolution that requires every managment contract to provide an annual report before the budget cycle listing the costs of man hours and volunteer time in a grid chart showing what the cost would be if the city provided the same services and the savings that would be incurred. Chairman Teele: All right. Is -- Madam Manager, are you prepared to discuss the mini stadium and the football soccer stadium, and all that? Linda Haskins (Deputy City Manager/Chief Financial Officer): I would prefer for the Manager to be here. Chairman Teele: That went before the Bond Oversight Board and they made certain requests. Is anybody prepared to discuss Belafonte Tacolcy? Commissioner Winton: Which item is that? Arthur, which item is that? Chairman Teele: This is SI.1 -- Commissioner Winton: 3? Chairman Teele: -- 2, 3, 4 -- this is SI.3. Commissioner Winton: OK. Javier Fernandez: Mr. Chair, what's your preference? We have both staff here for the stadium issue and the Tacolcy issue. Chairman Teele: Your name, your name. Mr. Fernandez: I apologize, sir. Javier Fernandez, Acting Director of Parks and Recreation. Chairman Teele: The Belacolcy -- Belafonte Tacolcy. Your name and address and title for the record. Sabrina Baker-Bouie: Sabrina Baker-Bouie. I'm the Executive Director of Belafonte Tacolcy Center. The address is 6161 Northwest 9th Avenue. Mr. Fernandez: Good morning, Mr. Chair. Javier Fernandez, Acting Director of Parks and Recreation. Just a quick update on the status of this agreement. We have -- had finally come to consensus on staff with regards to the terms. If you'd like to, I can briefly highlight some of the City ofMiami Page 152 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 more salient points, or I could just strictly say for the record that we will be forwarding a copy of the revised terms to Ms. Bouie and her board for review and acceptance. Chairman Teele: Are you satisfied with the terms? Ms. Baker-Bouie: Yes. Chairman Teele: Is there a motion? Well, we don't really need a motion, do we? Commissioner Winton: Yeah. There isn't -- Mr. Fernandez: Not at this time, sir. Chairman Teele: I want to just make one observation, and this really goes to Asset Management, Madam Director -- and, Keith, this is not personally at you -- but we've really got to get a better appreciation for the services that not -for -profits provide in our Parks Department, and it's particularly difficult -- it's painfully difficult when the people who are negotiating these contracts really don't have the full appreciation for the avoidance -- and I just wish -- I wish the Finance Director were here, Madam Manager, but we need to develop a methodology where we have all of these management agreements where, annually, the Parks Department and the Finance Department and the Budget Department are required to do a report on the actual cost that they're spending and the estimated cost the City would be spending to provide the same service, and the savings of the avoided cost, because what happens, Madam Manager, is it's so unfair what we do to these not -for -profit providers. They're almost be darned if they do and be darned if they don't, and they -- it really creates a bad taste in people's mouth. I wish you had been in the meeting when -- the chairman of the board is Mr. Phillips -- Ms. Baker-Bouie: Paul Phillip. Chairman Teele: -- the former FBI (Federal Bureau of Investigation) Director is the chairman of the board, spending hours of his time just frying to navigate through why is the City doing this to us. Bishop Curry came out. I mean, you know, these are people volunteering their time to provide dollars and services to the City, and then they're being -- you know, and maybe it's a failure to communicate, maybe it's not in appreciation, but the real challenge, I think, is getting Asset Management to understand that they're providing a service and the City is avoiding a substantial outlay of expenditure. We're avoiding a cost, but it has not filtered down yet, and so I would ask the Budget Director and the Finance Director and the management to develop a resolution that requires -- and I think this will also help in terms of some accountability -- that every management contract that we have in the City, that we provide an annual report well before the budget cycle of the actual dollars expended, the actual grant dollars that are raised or brought in, the amount of man hours, board time and volunteer time, and all of that and you know, a grid, and then show what it would cost if the City provided the same or similar services to the same number of people, and that assumes that the City could because, in many cases, these volunteer organizations go out and they bring in people that the City would otherwise would not have the resource. It's particularly the truth, for example, of Optimist programs, et cetera. Now, they don't have management agreements, but think we need some type of tool to help Asset Management better appreciate the value of the services, and I will have to say this: Whether it's this Assistant Parks Director or his immediate predecessor, or Mr. -- Mr. Fernandez: Ruder. Chairman Teele: -- Ruder, who's long gone, the continuity is the same. The Parks Department understands and appreciates the services that these people are providing -- that these management agreements are providing. The problem, of course, is getting these agreements to truly reflect the value of the service and the fact that the City is saving money, and Mr. Director, City ofMiami Page 153 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 I know you haven't been there long, but do you understand my point of view? Mr. Fernandez: No, it's well taken. We -- in the context of this discussion, we actually raised that same issue, which is rationalizing a basic format for these agreements so that we have a methodology and approach to working with non profits that want to approach us for similar sorts of activities. Chairman Teele: OK. Well -- Commissioner Gonzalez. Commissioner Gonzalez: Let me take this opportunity, because this is something that I was going to address at one time or another, and I think the time, fortunately, has come. I have to agree with you, that I was involved -- before being a Commissioner, I was involved with community based organizations for over 15 years, working in Allapattah, and all of you know that, and it has been the practice of this City to make the life of these CDCs (Community Development Corporations) and CBOs (Community Based Organizations), and community based organizations miserable, to try to put as many obstacles as the City has been able to in their way so they could not perform, so they could look bad, so the City have excuses to take money away from them or funding. Right now, I've been talking about the disparity of the City in treating different sectors and different -- let me see how I put it so I don't sound negative or insulting -- disparity in treating projects and certain organizations in reference to other organizations. We studied this cost in building a parking facility in Allapattah with the Goodwill Industry. We all voted in favor of that. We all supported that. Well, right away, we had some problems with the adminisfration. I don't know how long ago we voted on that, but there has been some difficulties with the administration, with the money, with the application of the funds, whatever, to the point that Goodwill don't want to talk to Off -Street Parking anymore. Supposedly now, the City adminisfration is working with Goodwill. I went back to Goodwill. I'm frying to intervene to see ifI can finally have a parking lot built in Allapattah, somehow. Maybe we'll have a miracle. We all voted in favor ofMidtown last week, which I think is great, which I think is super. It's something good. It's something that we had to support, OK. Guess what? We approved to give to Allapattah Community Action -- a community organization that takes care of senior citizens, provide meals and services to senior citizens -- we gave them a piece of land, OK, to build another 202 for senior citizens, OK. I'm hearing -- and I'm bringing this up because you're here now and, Linda, you're here, too. I'm hearing from Miriam Urra that she's very disappointed that you're asking -- and it is ridiculous because it's a game. The City supposedly did an appraisal on the property -- and you're a developer, Johnny. Just listen to this carefully, OK, because it's a joke. It's insulting. The City did an appraisal on the property. The City, according to the appraisal that they did, the land is worth a million dollars because they can build 130 units. Just picture this: On the other side, there are about 50 preserved trees that you cannot remove and you cannot touch, OK, so without touching any of these trees, we can build 80 units and build the parking spaces around these frees, OK. It's like putting together a puzzle in order to build this building in there, all right. USHUD (United States Department of Housing and Urban Development) determines that for this type of building to be affordable, the land per unit should not cost over nine thousand dollars, all right, so what you're asking Miriam Urra to pay, according to your famous appraisal, is almost a million dollars. If you -- Commissioner Winton: How much per unit? Commissioner Gonzalez: -- ifyou -- well, ifyou divide a million into 80 -- because, actually, if you multiply 80 units by nine thousand dollars, it would be 792, right? Keith Carswell: IfI may, Commissioner? Keith Carswell, Director for the Department of Economic Development. Commissioner Gonzalez: Keith, let me finish -- and you put in so many obstacles in that negotiation and in that contract with Miriam Urra, OK, and I don't know why is that because City ofMiami Page 154 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 when you came to me supporting Midtown project, OK, you almost came begging that we support that project, and I don't appreciate that disparity to treat one segment of the community one way and another segment of the community another way, OK, and I'm going to finish the discussion. I don't want to hear about it. I'm telling you because I'm going to talk to the Mayor about this and I'm going to talk to the Manager on this, and I'm going to get to the bottom of this deal. I want to know why, why we're making these projects so difficult to be built? All right? Thank you very much. Chairman Teele: All right. Motion reoccurs. The question reoccurs. All in favor of the item relating to Bela Tacolcy -- Belafonte Tacolcy -- Commissioner Winton: We don't have a decision to make, though. Mr. Fernandez: We don't have a motion on the floor, do we? Priscilla A. Thompson (City Clerk): It's a discussion item. Commissioner Winton: Yeah. Chairman Teele: I'm trying not to get into -- Commissioner Winton: Oh. Chairman Teele: -- any other discussion. Commissioner Winton: Next item. Chairman Teele: All right. All right, then, Mr. Manager, I think you all ought to meet, and I really do think that we ought to look at some type of allocation based upon the services that they'll provide. Mr. Fernandez: We'll meet and we'll do that, Chair -- Mr. Chairman. Thank you. Chairman Teele: OK. Ms. Baker-Bouie: Thank you for your help. Chairman Teele: I noticed you all are getting ready to start fighting over CDBG (Community Development Block Grant) dollars now, and that's not a good sign, but that's a good thing that you're doing it, but it's not a good sign for us. All right. Ms. Baker-Bouie: Thank you. SI.4 04-00486 DISCUSSION ITEM DISCUSSION AND MOTION CONCERNING THE LITTLE HAITI INDUSTRIAL PARK AREAS; FURTHER REQUESTING THAT THE PLANNING DEPARTMENT CONDUCT A SITE VISIT AND PROVIDE RECOMMENDATIONS. 04-00486-email. pdf MOTION A motion was made by Commissioner Gonzalez, seconded by Vice Chairman Sanchez, and passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, directing City ofMiami Page 155 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 the City Manager to coordinate a joint meeting with Chairman Teele and the community concerning the Little Haiti Indusfrial Park areas within the next 60-90 days to hear the concerns of the public and to assure that the City plans to maintain an indusfrial use there, including a discussion of the FEC study, Little Haiti Park, proposed industrial light use and C-2; further requesting the City Manager to have the Planning Department conduct a site visit and provide recommendations. Chairman Teele: All right. Before we do, we have a couple of items left, SI.4 and 5. One of them is a Planning item. Both of them are Planning items, actually. Lourdes, SI.4 and 5, you and Planning Director. Madam Planning Director, regarding SI.4 -- Commissioner Gonzalez, would you move SI.4 for discussion? Commissioner Gonzalez: Move SI.4. Vice Chairman Sanchez: Second. Chairman Teele: All right. SI.4 is requesting that you and I have sort of a little meeting over in the Little Haiti Industrial Park. Let me just explain very briefly the challenge. We did the FEC ( Florida East Coast) Study, which got some discussion today, and it's a good study, but in the study documents, it shows a train station or -- right on someone's property, that they don't intend for it to be a train station. In fact, they're considering whether or not to bring -- relocate a lot of their businesses in North Florida down here to that location. Needless to say, they're petrified with the notion that government may somehow -- this is after I had proposed to make it a part of the park, so you can imagine the hysteria and the paranoia that some of the residents have over there. I mean, not residents, but the industrial users. One of the things that was proposed is, can we enter into a contract or an overlay for a time certain that, in effect, would guarantee that it would remain indusfrial or for industrial purposes? The attorney has counseled me against that approach because he said it sounds like contract zoning; is that correct? Joel Maxwell (Deputy City Attorney): Yes, sir. Chairman Teele: So, the question is, what kind of comfort can we give to the people in the Little Haiti Indusfrial Park? And the other thing that they note is -- they noted two other things -- the down zoning on Biscayne Boulevard. People are already beginning to come over and start picking through property now to see if there's some land along -- somewhere between 2nd Avenue and Biscayne Boulevard that can be done. Commissioner Winton: Mr. Attorney, wouldn't you consider that we've done no down zoning? Chairman Teele: Did say down zoning? Commissioner Winton: Uh-huh. Chairman Teele: The height limitations, the height limitations and -- please, I think that's very important, Joel, that you correct the record when someone is saying something. Thank you, Commissioner, because it isn't down zoning; height restrictions. They noted the height restrictions and they also noted the proposed discussion on the streetcar. Commissioner Winton: And they're beginning to move that way now? Chairman Teele: And things are beginning to move that way now, which is not all bad. Commissioner Winton: That's good. Chairman Teele: I mean, it could very well be a good thing, but what we do want to do is, is we City ofMiami Page 156 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 do want to preserve some parts of our City for these industrial uses. Commissioner Winton: Correct. Chairman Teele: I mean -- and I think that's very, very important. How -- what can we do to give them more comfort that we're not going to change? And the other thing that they're concerned about is the river. They've watched these discussions about the river, and things are beginning to have a little bit of a ripple effect where people are saying, "my use" -- historical use is no longer safe at the City ofMiami Commission now, and that's the word that I'm hearing from two or three or four different groups around the City. What can we do to give the Little Haiti Industrial Park some sense of comfort? Ana Gelabert (Director, Planning & Zoning): We -- Commissioner, we met with small group of - - the indusfrial area of Little Haiti regarding some concerns, and what we expressed -- and certainly we can meet with them again, and the consultants -- told them that it was a study; there were things we were taking into consideration, and we took -- and we noted their concerns. There were changes in the plan. One was the -- what you -- the thing on the Little Haiti Park, changing it, and we said we would change that on the plan and we did, and as far as the other comments and the other uses, we said we will take that in consideration. The plan certainly is not final yet, and we're going to have another community meeting, so the first step would be, the Planning Department could meet with the concerned citizens of the area, with the consultants. We already had done that with another group. We expressed to them that we were going to work with them and, again, we were going to have another public workshop and we would make those changes. Chairman Teele: OK, then let me recommend this. If we pass this resolution, we'll coordinate a joint meeting to go over there, but I also think we should hold an indusfrial park meeting at some point -- 60, 90 days from now -- and the purpose of the meeting is to hear their concerns, and to make the commitment that we're going to -- or to assure the public that we're going to maintain an industrial use. I think we've got to say that is the purpose of the meeting. Otherwise, you know -- now, having said that, there's this big debate and discussion about whether or not residential use is permissible or could be permissible in the Industrial Park. Currently, under our zoning -- currently, under our zoning, residential use is not permitted, under the indusfrial zoning. Ms. Gelabert: Right. Chairman Teele: Currently. Ms. Gelabert: Right. What we have -- currently, it is not, but we have a land use, that is -- allows for light industrial, and the purpose we did that was to allow residential in industrial areas. We made the differentiation of calling it light industrial, and it was the live/work concept that I think we -- has been mentioned here at Commission, so we do have that land use, and then that would be the zoning. It is not yet in place; meaning that it's not -- it hasn't been decided where is it going to be, but it is -- the language for the land use already has gone through the Tallahassee through the CIN. That one, we already have it in place. We just need to -- and as a part of the FEC study and any other study, that's when we decide where is it that is the right place to put it. Chairman Teele: I think, in that meeting, we should talk about the FEC study; we should talk about the Little Haiti Park; we should talk about the current indusfrial use, the proposed industrial light use -- Ms. Gelabert: Not industrial. City ofMiami Page 157 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: -- and we should talk about C-2, because I think there's going to be a hard argument, given the restrictions under the light industrial. I think C-2 and light industrial are going to be very close in use, given the restrictions that the state has put on us. Ms. Gelabert: Some people -- yeah, and we can talk about it. Some people, what they're opting is for C-2 and asking for the special exception, what the Planning Department is recommending approval, but certainly we can talk about that. Chairman Teele: All right. Further discussion on the item? If not, all those in favor of the motion, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. That's Little Haiti. SI.5 04-00487 DISCUSSION ITEM DISCUSSION AND MOTION CONCERNING A SURVEY AND AUDIT RELATED TO THE EXCESS CAPACITY IN THE PARKING STRUCTURE LOCATED AT THE MIAMI RIVER PARK APARTMENTS, 445 NW 4TH STREET, MIAMI; FURTHER ASKING FOR A REPORT TO THE COMMISSION WITHIN 30 DAYS REGARDING THE EFFECTIVE UTILIZATION OF THE PARKING AND OTHER ASSOCIATED STRUCTURES. 04-00487-email. pdf MOTION A motion was made by Commissioner Winton, seconded by Commissioner Gonzalez, and passed unanimously, with Vice Chairman Sanchez and Commissioner Regalado absent, directing the City Manager to conduct a survey and audit related to the excess capacity, if any, contained within the parking structure at the Miami River Park Apartments, located at 445 N. W. 4 Street, Miami, Florida; further asking for a report to the Commission within 30-60 days regarding the effective utilization of the parking and other associated structures. Chairman Teele: And then SI5, would you move that for discussion, Commissioner? Commissioner Winton: So moved. Chairman Teele: Moved and seconded for discussion. SI5 asks that the Planning Department and the appropriate departments do a survey to determine what excess capacity, if any, is contained in the Miami River Park Apartments. You remember, that was the one where they came in and asked for the exception. We basically rejected it. I took the strong lead in saying we're not going to do this in parking anymore; we're going to build the parking that's necessary. They're saying that there may be an excess capacity -- I think it would be helpful in terms of helping us to better quantify and provide exceptions where they may be meritorious. Ana Gelabert (Director, Planning & Zoning): We'll take a look at it. Chairman Teele: And you all will accept that and come back? It didn't say within how long, but within 30 or 60 days? Ms. Gelabert: Yeah, we'll take it -- we'll take a look at it and come back to you. Chairman Teele: Is there objection to this? This is just sort of asking the Planning Department to look at it and determine, so we can tweak where we are on our formulas. If there is no further City ofMiami Page 158 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 discussion or objection, all those in favor of SI.5, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: Those opposed have the same right. OK RESOLUTION SI.6 04-00484 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/ 5) AFFIRMATIVE VOTE, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, AUTHORIZING THE ACQUISITION OF SERVICES FROM SUNSHINE MEDICAL CENTER, FOR THE PROVISION OF PHYSICAL EXAMINATION SERVICES ON A TEMPORARY MONTHLY BASIS, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, IN AN AMOUNT NOT TO EXCEED $50,000, UNTIL SUCH TIME THE CITY COMMISSION APPROVES THE CITY MANAGER'S RECOMMENDATION TO AWARD, NEGOTIATE AND EXECUTE, PROFESSIONAL SERVICES AGREEMENTS WITH THE SUCCESSFUL PROPOSER(S), WHOSE PROPOSAL IS DETERMINED TO BE THE MOST ADVANTAGEOUS TO THE CITY OF MIAMI ("MIAMI") IN RESPONSE TO REQUEST FOR PROPOSALS ("RFPS") NOS. 03-04-079, 03-04-080, AND 03- 04-081; ALLOCATING FUNDS FROM THE DEPARTMENT OF EMPLOYEE RELATIONS' GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.270101.6.260; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 04-00484- cover memo.pdf 04-00484- budgetary impact.pdf 04-00484- memo from HR.pdf 04-00484- memo from purchasing.pdf 04-00484- memo from HR 2.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Teele Absent: 1 - Commissioner Sanchez R-04-0311 Chairman Teele: Now, we have a series of board appointments. What is SI.6, Supplemental Item, Physical Examination Services? Is that a procurement item? Could we get the Planning Department out here, and the -- Commissioner Regalado: Can I make -- before I leave -- Chairman Teele: You can do anything you like, Commissioner. Commissioner Winton: Did we do -- Chairman Teele: You controlled this meeting the whole morning. City ofMiami Page 159 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Did we do PH (public hearing) -- Commissioner Regalado: Me? Chairman Teele: Yeah. Commissioner Regalado: I'm the little one here. Commissioner Winton: Did we do PH.3? Chairman Teele: Did we do PH.3? Yes, we did PH.3, and you voted in the affirmative, but we deferred PH 1. Commissioner Winton: 1, that's correct. Chairman Teele: Are you ready to move on that? Commissioner Winton: No. Chairman Teele: All right. Commissioner Winton: I have now figured it out, so I'm glad we deferred it. Chairman Teele: Do we have the Planning Director out here, or the Manager in charge of Planning? Alicia Cuervo Schreiber (Chief of Operations): Yes. Chairman Teele: OK. Could we talk a minute about the Miami River Parks Apartment? Planning's not here today? Ms. Cuervo Schreiber: No, I'm sorry. They'll be here in a little bit, but they're not here right now. Chairman Teele: Well, maybe we'll take it up this afternoon, as a part of the P&Z (Planning & Zoning). Ms. Cuervo Schreiber: Thank you. Chairman Teele: And the Little Haiti. Management agreement on Bela -- Bela Tacolcy. Parks Director. Commissioner Regalado: Where is that? Commissioner Winton: What item is that? Commissioner Regalado: Where is -- Chairman Teele: SI -- we're looking at SI1, 2, 3, 4, 5, 6. Commissioner Winton: Oh. Chairman Teele: We're trying to get the GSA (General Services Administration) people out on SI.6, physical examination services. City ofMiami Page 160 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: SI.6? Commissioner Regalado: Is that supplemental? Chairman Teele: Supplemental Item -- Commissioner Regalado: Oh, oh. Chairman Teele: -- physical exam 6. It's the one right before the one we took up this morning for you, SI.7. Ana Gonzalez -Fajardo: Ana Gonzalez -Fajardo, Deputy Director, Employee Relations. I'm here on SI.6. Commissioner Regalado: I don't have it. Ms. Gonzalez -Fajardo: This is a resolution -- Chairman Teele: You got SI.7. Ms. Gonzalez -Fajardo: -- which will allow us to continue doing pre -employment physicals until such time a contract is awarded. There are three RFPs (Request for Proposals) out that are currently under review, and we anticipate having the City Manager's recommendation before you some time in July. This will allow us to bridge that gap to continue the pre -employment physicals. Commissioner Winton: So move. Chairman Teele: Is there objection? Commissioner Regalado: Second. Chairman Teele: All those in favor, say "aye." Glenn Marcos (Director, Purchasing): Commissioner, it requires a four fifth vote. Chairman Teele: All right. Let's hold it for a minute. Motion on SI.6, approving SL 6 by Commissioner Regalado. Seconded by -- Commissioner Gonzalez: Second. Chairman Teele: -- Commissioner Gonzalez. Commissioner Gonzalez: Second. Chairman Teele: All in favor -- this requires four fifths vote. Commissioner Winton: Oh, yeah, right. Chairman Teele: All in -- this is physical services. Commissioner Winton: Got it. Chairman Teele: All in favor, say "aye." City ofMiami Page 161 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 The Commission (Collectively): Aye. Chairman Teele: All opposed? All right. Mr. Marcos: Thank you. DISCUSSION SI.7 04-00489 DISCUSSION ITEM DISCUSSION CONCERNING THE SEARCH FOR A NEW CITY ATTORNEY. 04-00489- cover memo.pdf DISCUSSED Direction to the City Attorney by Chairman Teele to assign an assistant city attorney to work with the City Clerk's office in disseminating the receipt of resumes for the position of City Attorney (The City Attorney named Joel Maxwell to lead this project); further stipulating that there be appropriate notice for the receipt of applications and that all applications be submitted to the Office of the City Clerk. Note for the Record: Chairman Teele stated that each Commisisoner can submit the name of his appointee to the selection committee in writing to the City Clerk or can proffer the name during today's Commission Meeting. Discussion on Item SI.7 resulted in the resolution below: Commissioner Regalado: Mr. Chairman, ifI may? Chairman Teele: Yes. Commissioner Regalado: Whenever -- I -- last meeting -- special meeting, the City Attorney informed the members of the Commission that he will be leaving during the summer, and so I have a resolution of the Miami City Commission establishing a Selection Advisory Committee to review and recommend candidates for the position of City Attorney of the City ofMiami, and to include personal interviews of the applicants, as determined by the committee; designating the chairperson thereof, further requesting said committee to, (A) advertise the position of City Attorney for the City ofMiami for 45 days; (B) follow certain criteria in its consideration; (C) recommend no less than three and no more than five applicants for said position, and (D) conclude its process, if possible, for action of the City Commission by July 22 of the year 2004. That is the resolution to -- I remember that this is the same resolution that we used in the selection process ofAlex several years ago -- five years ago, if I'm correct, and basically, what it does is, each City Commissioner appoints a person, and the Selection Committee will provide from 3 to 5 candidates to be interviewed by each member of the Commission, and then the Commission will decide. That is the process that was followed five years ago during the search for City Attorney, and it came out with Alex, so if you all want to entertain this motion, I'll move it. Vice Chairman Sanchez: Second. Commissioner Winton: I'll second for discussion. Vice Chairman Sanchez: Discussion. Commissioner Winton: I would probably approach this just a little differently, because I've been thinking about it also and, frankly, I would rather see -- because he's an attorney, I would City ofMiami Page 162 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 rather see our Chairman serve as the Chairman of the Selection Committee, and I don't -- the five members appointed, it doesn't say what their qualifications are. Are we requiring that everybody be an attorney that serves on that Selection Committee? Commissioner Regalado: It was suggested to me that the members should be attorneys. Alex suggested. Commissioner Winton: Yeah, OK, and that's probably good. Commissioner Regalado: But, I mean, it's a suggestion. Commissioner Winton: Yeah. Commissioner Regalado: I mean, anybody can be a -- Commissioner Winton: Yeah, but think they all ought to be attorneys. I think that makes sense to me. Commissioner Regalado: But it's up to you and to the members of the -- Commissioner Winton: And another thought is that -- you know, the City Attorney reports to the Commission, but the City Attorney also has to work very, very closely with the Mayor and he has to work very, very closely with the Manager, and it seems to me that, at minimum, the Mayor ought to have an appointee, and I'm not sure that we shouldn't consider having the Mayor and the Chairman of the Commission serve as co-chairman of this committee, and those are my thoughts. Vice Chairman Sanchez: Well, I -- Mr. Chairman, ifI could be recognized. Mr. Chairman, I tend to agree with my colleague, Commissioner Winton, on this matter. I think that if we're going to do a nationwide search to replace an attorney, which I have the utmost respect for really -- on his way out, he should be highly commended for everything he's done for this City. I totally agree that the entire body of this committee should be attorneys, because it'll force us the opportunity that we will seek the best qualified individual for the City, andl think this sets a tune in this City, since I've been here, that think that we have hired the best qualified persons for each position that have come vacant, so having stated that, I do agree that all those in that committee should be an attorney. I also agree that, you know, on the expertise of this legislative body, Commissioner Teele is an attorney, but also agree that the Mayor should have a representation, not whether it be the Mayor as co-chair in that committee, so I -- we're prepared to vote on this issue, I mean, and move forward. Nationwide search, for sure, I support,; although, I think we do have a lot of qualified people within that could take the position on, but think that opening it up for everyone -- you never know. This is not the City -- this is not the same City ofMiami today than five or six years ago where you basically had to put a gun to somebody's head to come down here and work. I mean, people are willing to come to the City and work now because this City -- you know, I was doing some research. No other City in the United States has made the complete turnaround in such a short time frame than the City of Miami. I mean, people have short minds and they say, well, you know, this City, five years ago -- five years ago, we were at the verge of bankruptcy, you know, junk bond status, oversight board. Today -- I mean, if it would have been another City, it would have been closed down, but today this City's different, so we're going to be able to attract first-class applicants to this position. Commissioner Regalado: Mr. Chairman. Chairman Teele: Commissioner Regalado, Commissioner Gonzalez. Commissioner Regalado: Joe and Johnny, five years ago, we created this committee, and each City ofMiami Page 163 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 of us appointed one person. My appointee, at that time, was a very prominent attorney called Manuel Diaz. Manny Diaz. So, you know -- Commissioner Winton: Are you going to pick the next Mayor for this committee again? Commissioner Regalado: No, but let me just say that we were so happy with the selection that the Chairman of that committee, who happened to be Manny Diaz, made and brought to us the name ofAlex, so I would not hesitate to appoint attorney Manuel Diaz to the Selection Committee. However, in this country, there is check and balances. The power -- the few powers that this City Commission has is to appoint the City Attorney and the City Clerk. The power of the Mayor is to appoint the City Manager, and for the Commission to decide to approve the selection or reject the selection. We all, of course, approved the selection of Joe Arriola, made by Mayor Manny Diaz. I would think that it looks better to have this committee of members chosen by the City Commission, and the Chairman of the City Commission, and the City Attorney as co-chairman -- the City Attorney do serve the Mayor and the City Manager, but this is a decision that the City Commission has to take by itself. We need to keep the check and balances, and it's only perception. It may be that it's just nothing, but from the public policy point of view, I think that the Mayor should be informed when we, as Commissioners, have made a decision on the City Attorney, and we should consult with him and, of course, with the Manager, but the control should be kept within the City Commission, and like I said, it's nothing personal, but we need to keep the check and balances of the government in the City ofMiami, as well as other governments. Chairman Teele: Angel. Commissioner Gonzalez: Actually, I have to agree a hundred percent with my colleague, Regalado, on everything he said, so -- I agree a hundred percent with Commissioner Regalado on everything that he says and, you know, the powers that the Commission have are perceived to be very limited. Actually, I don't even know if the City Attorney works for us, to be honest with you. Sometimes I get kind of confused. Does he work for us? Does he work for the Mayor? Does he work for the Manager? Vice Chairman Sanchez: He works for us, I could assure you of that. Commissioner Gonzalez: Supposedly. That's what the Charter says so, you know. I'm ready to make my appointment whenever you are. It's going to be an attorney, definitely, so I'm going to reserve my comments because they're not going to be -- people are not going to be very happy with my comments, so I better reserve them, OK. Chairman Teele: All right. On the resolution that's before us -- and I don't know how we jumped to this, but this is a democracy. You're within your rights. I guess we did say blue pages . Will you accept the amendments that have been proffered or some of the ones that there appear to be some consensus on? Number one, that the members of the committee shall be attorney -- members of the Florida Bar. Will you accept that? Commissioner Regalado: Yes, sir. Chairman Teele: OK. So, Alex, we have an agreement on that. Number two. Commissioner Regalado: That the chairperson will be the Chairman of the committee. The chairperson of the City Commission will be the Chairman of the committee, and the City Attorney, the Vice Chairman. Chairman Teele: All right. Now, Alex, let me ask you this: Do you want to be a member of the committee or do you want to -- and this is not a question directed at you. Do you want the City City ofMiami Page 164 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Attorney's Office to be represented on the committee or would you rather the CityAttorney's Office serve as the vetting and the conduit of this? Because ifyou're on the committee, then all of the applications are going to have to go to the Clerk. If you're not on the committee -- and I don't have a -- I mean, I don't have an issue one way or the other, but ifyou're not on the committee, then it would seem to me that all the applications would be directed to the City Attorney, and the City Attorney would wind up sort of serving as the vetter and the staffer and all of that, so I think this is up to you, but I don't think you can have it both ways. Alejandro Vilarello (City Attorney): My preface would be, if I'm going to participate -- if that's the will of the City Commission for me to participate in the process -- is to participate as chair, co-chair and that the resumes be funneled through the City Clerk's Office, not through my office, so that I would be just a member of the committee providing whatever guidance and advice I could through that process. Chairman Teele: OK, then, will you offer up a staff person now to work with the City Clerk's Office to be detailed to the City Clerk's Office, pretty much, and work with the City Clerk in receiving the resumes, vetting the resumes and all of that? Mr. Vilarello: Yes, yes. Chairman Teele: Who is that? Mr. Vilarello: I would offer Joel Maxwell. Chairman Teele: All right. So -- then the resolution would be amended that all applications would be noticed and received by the Clerk's Office, and that the special counsel to the Clerk will be so designated and has been designated. I mean, I've not had any discussions with the Attorney or the Mayor or the Manager or anybody on this issue, so I'm sort of all out in the open. Now, I do not agree with Commissioners Regalado and Gonzalez on one point, and that is the power of the Commission versus the power of the other bodies, but my conclusion is the same. This is not about the powers. This is about separation of power. This is -- an old debate has nothing to do with the City ofMiami. DC corporate counsel issue. The lawyer works for the corporation, and it is totally inappropriate for the lawyer, in my opinion, for the lawyer -- and in most governmental bodies or most corporate bodies -- public corporate bodies, for the lawyer to be recommended by the person that ultimately is the check and balance between the Manager, the Mayor versus or and the City Attorney, so I don't like the idea that we -- it's a question of who has the power and all of that, because to me, it really isn't about the power; it's about the duty and the function, so if you all want to have a vote on that issue, I see no reason to vote on it. Commissioner Regalado's point is, is that the Attorney works for the Commission. That is the basic corporate law 100, is that the attorney does not work for the Chairman of the board -- I mean, the CEO (Chief Executive Officer). The attorney works for the board of directors, as does the outside auditor in corporate body, so I mean, I don't think we have to make this personal, is what I'm saying. I think it really should just follow the way corporate law follows, and in that regard, you know -- Commissioner Winton: And so how would you change the resolution or what -- Chairman Teele: I would not change the resolution, as it's written here today. The real issue is not the power of the Commission, is what I'm saying. The issue is the check and balance and the structure of corporate beings, and the corporate being -- in that the outside auditor and the corporate attorney work for the corporation; they don't work for the Commission and they don't work for the Mayor, but in the date -to -day operations, the corporate attorney's job is a check and balance on the CEO, any way you look at it. Commissioner Regalado: There's only one change in this resolution, and the change is that the City ofMiami Page 165 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman of the City Commission -- of the City ofMiami will be the Chairman of the -- Chairman Teele: There's two changes, and don't get an appointment, so -- Commissioner Regalado: Huh? Chairman Teele: There's two changes. I'm the Chair andl don't get an appointment. Commissioner Regalado: No, you do get an appointment. Commissioner Winton: You do get an appointment. Vice Chairman Sanchez: No, he doesn't. Chairman Teele: No, he don't. It doesn't work like that. Vice Chairman Sanchez: It doesn't work that way. Chairman Teele: So that's -- there'll be six members and -- Commissioner Regalado: And the City Attorney as co-chair. Chairman Teele: All right. We have the resolution before us. All those -- as amended -- all those -- further discussion on the amendment. Further discussion. Commissioner Regalado: Mr. Chairman, just -- should we send a memo to the City Clerk with the appointment of the member, each one? Vice Chairman Sanchez: I'm prepared to make my appointment today, I mean, if we're all prepared. Commissioner Winton: Well, I'm not. Vice Chairman Sanchez: Well, then -- Commissioner Winton: But that's OK. Vice Chairman Sanchez: No, either way. I -- either way. We could -- Chairman Teele: Put a proviso that -- Commissioner Regalado: What I'm saying is that we don't have to come back to the City Commission because these are individual appointments. Commissioner Winton: Yeah, that's a good idea. Chairman Teele: Put a proviso that appointments may be made by written -- Commissioner Winton: Yeah. Chairman Teele: -- notification to the City Clerk or during the Commission meeting. Commissioner Regalado: OK City ofMiami Page 166 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: Further discussion? Further discussion on the item. All those in favor, as amended, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Now, we have a 10:05 item -- a 10 o'clock item with Mr. Talbert and Mr. Peebles. I saw Mr. Peebles walking around. Is Mr. Talbert here? Vice Chairman Sanchez: He was. (SI.7) 04-00489a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A SELECTION ADVISORY COMMITTEE TO REVIEW AND RECOMMEND CANDIDATES FOR THE POSITION OF CITY ATTORNEY AND TO INCLUDE PERSONAL INTERVIEWS OF THE APPLICANTS AS DETERMINED BY THE COMMITTEE; DESIGNATING THE CHAIRPERSON THEREOF; FURTHER REQUESTING SAID COMMITTEE TO: (A) ADVERTISE THE POSITION OF CITY ATTORNEY FOR THE CITY OF MIAMI FOR 45 DAYS; (B) FOLLOW CERTAIN CRITERIA IN ITS CONSIDERATION; (C) RECOMMEND NO LESS THAN THREE AND NO MORE THAN FIVE APPLICANTS FOR SAID POSITION; AND (D) CONCLUDE ITS PROCESS, IF POSSIBLE, FOR ACTION OF THE CITY COMMISSION, BY JULY 22, 2004. Motion by Commissioner Regalado, seconded by Vice Chairman Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Teele R-04-0305 City ofMiami Page 167 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 SUPPLEMENTAL AGENDA (A) DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ SI.1A 04-00499 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, IN PRINCIPLE, THE PROPOSED PRELIMINARY TERM SHEET, ATTACHED AND INCORPORATED, BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY AND THE FLORIDA MARLINS, L.P. FOR THE DEVELOPMENT AND CONSTRUCTION OF A RETRACTABLE ROOF BASEBALL STADIUM THAT WILL INCLUDE A 2,500-CAR STRUCTURED PARKING GARAGE. 04-00499- cover memo.pdf 04-00499- joint memo.pdf 04-00499- exhibit 1- term sheet.pdf 04-00499- exhibit 2- appendix A.pdf Motion by Vice Chairman Sanchez, 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-04-0306 Note for the Record: Chairman Teele suggested that the Manager ought to bring in an economic consultant early in this project. Chairman Teele: All right. Commissioner Sanchez, your -- you have the floor, sir. Vice Chairman Sanchez: Thank you, Mr. Chairman. Mr. Chairman, at the last emergency Commission meeting, the City Manager presented to this Commission a preliminary term sheet pertaining to discussions and negotiations with the Florida Marlins, which soon will be the Miami Marlins. I am respectfully presenting this resolution for your consideration. While it is -- preliminary term sheet does not represent all the final hard cost numbers, I do believe that it is in the best interest, in acting in good faith, to attempt to reach an agreement with all parties involved and, therefore, I believe that legislative action should be taken today so we could set all the wheels in motion here. Let me just say thatl have been bombarded by calls from local businesses around the Orange Bowl. I have been called, also, by the local CD of all the great support from the area that looks for -- one day if we could all come to an agreement -- to build what we consider a first-class baseball stadium there, which really is going to bring revitalization to an area that has needed it for the longest time. Focusing on all of the things that were presented on the term sheet, I am very comfortable with that preliminary term sheet. There are all the safeguards to protect the City's assets and interest in the process that we start negotiating. It's very important that we pass this, because I think the next step -- and one of the components that we're all addressing -- is that shortfall of thirty million dollars in the state, and I think that we do have a better chance if we show a unity, that the City ofMiami is prepared to hold hands with the County and the Marlins, and go to Tallahassee and try to sell that sales tax rebate in Tallahassee to get it passed. I just think that, in all reality, we do have a better chance -- all of us working together -- to accomplish that, because we realize that it is an important factor in this negotiation to build a baseball stadium at the Orange Bowl, so I am presenting a resolution to this legislative body today for your approval. City ofMiami Page 168 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Gonzalez: Second. Chairman Teele: We have a motion and a second for discussion. Mr. Attorney, Mr. Manager, regarding the term sheet, any discussion? Alejandro Vilarello (City Attorney): I don't -- we did revise the resolution. Of course, this is an approval of a resolution in principle -- approval of the term sheet in principle. The subsequent agreement, ultimately, has to come back to the City Commission for final approval but, with that exception, I have no other comments. Chairman Teele: Mr. Manager. Joe Arriola (City Manager): No, sir. I've showed you -- you know, what you have in front of you is pretty much what we -- no. It's exactly what we discussed. Vice Chairman Sanchez: It is exactly what we discussed. There's nothing been added. Mr. Arriola: No. Vice Chairman Sanchez: I'm very comfortable with that. I've been briefed by the administration on it, so there are no surprises here, no hidden agendas in this preliminary term sheet. Mr. Arriola: Other than, I asked the Marlins to come up with an extra fifty million dollars, but they didn't take me up on it. Commissioner Regalado: So everything is the same, so the starting date for construction is still in October? Mr. Arriola: Well, we had that discussion today, Commissioner. The Marlins are bringing -- some time mid -week next week -- some of the folks that are going to guarantee the overruns so the County and us could get real comfortable how they're going to guarantee it and what kind of guarantees we're talking about. That's going to happen next week so, you know, we continued on. I -- we had a discussion with the Marlins today. I don't think there's any way that they could start at that date. As a matter of fact, we also discussed that this thing could not happen -- construction should not happen until after the last game of the Hurricanes this season, which is the first week of December, so I think we're looking more realistically at starting in December than starting on any other day but, you know, it's still close. I mean, you know, a month here, a month there. Commissioner Regalado: I mean, the October date was theirs, not ours. Mr. Arriola: Yeah, I know. I know and I think that the Mayor and I had a long discussion with them, you know, trying to explain that that's not really realistic. If it can happen, we're here to help them, butl think December is a much better date. Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: Thank you. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: I don't -- in reality, I don't think October is a realistic date because, first of all, they don't have any drawings, right? They will have to get the company -- and not every contractor builds stadiums, you know. We have a lot of general contractors that build buildings and bridges and -- you know, but for each of these type of construction, there has to be City ofMiami Page 169 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 a special team. First of all, they will have to do the drawings. Then they will have to run in for permits. Then they will have to put out a bid for the construction so, you know -- I mean, it's not realistic. I look at a date of some time between the beginning and the middle of next year is the date realistically, because even if we tried to -- as much as we try to help them, there is some requirements of Building and Zoning, and safety issues that they have to comply with, and they have to be permitted and approved for the construction, so -- and just to build a simple duplex or a simple house in the City ofMiami, it takes you six months to get plans approved. Mr. Arriola: You know -- Commissioner Gonzalez: So -- Mr. Arriola: Again, I have to go for what they're telling me, and I'm taking for their word, butl -- you and I both know that -- how difficult -- Commissioner Gonzalez: Exactly. Mr. Arriola: -- that's going to be, but don't want it to be on us -- Commissioner Gonzalez: Hey. Mr. Arriola: -- that they're doing it and, you know, I kind of remind you, as you know, I love horses, and there was a horse many years ago Canonero Segundo, who cost a thousand dollars and went on to win the derby -- Commissioner Gonzalez: Exactly. Mr. Arriola: -- and that was a miracle. They could do this big of accomplishment -- Commissioner Gonzalez: That's right. Mr. Arriola: -- Canonero's win the derby. Commissioner Gonzalez: That's right. Thank you, Mr. Chairman. Chairman Teele: All right. Further discussion. Vice Chairman Sanchez: Can I read the resolution? For the record, a resolution of the City of Miami Commission, with attachments, accepting the proposed preliminary term sheet, attached and incorporated, between the City ofMiami, Miami -Dade County and the Florida Marlins, LP, for the development and construction of a retractable roof baseball stadium that will include a 2, 500-car structured parking garage. Be it resolved by this Commission of the City ofMiami, Florida. So moved. Commissioner Gonzalez: Second. Chairman Teele: Moved and second. Madam Clerk, call the roll. Mr. Vilarello: Mr. Chairman, the -- again, it's a resolution in principle. Vice Chairman Sanchez: Yes. Chairman Teele: Does it state that? Mr. Vilarello: It will in its final draft, yes, if approved by the City Commission. City ofMiami Page 170 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Vice Chairman Sanchez: In principle. Chairman Teele: Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Commissioner Regalado: OK. Chairman Teele: All right. The item is adopted unanimously. Congratulations. Thank you very much, Mr. Vice Chairman. Vice Chairman Sanchez: Thank you. Chairman Teele: All right. Are there any other discussions on that? If not -- Vice Chairman Sanchez: Mr. Chairman, before we leave this subject -- I mean, we're all very excited about the stadium, and hopefully -- we hope that everything works out and we're able to accomplish it. If we do accomplish it, I think that once you build a stadium there, I will have to take more legislative action to not only improve the surrounding development of the stadium. Although we are very optimistic that the stadium will bring revitalization to the area, I think that we, as a government, need to take the appropriate steps to make sure that, you know, we focus on spin-off development around the stadium to make sure that they fall within certain other areas around the United States where they have built ballparks to blend in, such as restaurants, retail and other revitalization appropriate to sport complex centered commercial districts, so if that does happen, I just want to let you know -- and get nobody off guard -- I will be coming back with some legislation basically asking Economic Development to conduct studies to accomplish this. Chairman Teele: All right. Madam Clerk, the roll is still open, I would assume. We've not taken up another item. Would you like to finish the roll call? Ms. Thompson: Finishing up roll call on SI.1A. Thank you. Chairman Teele: All right. The item is adopted on a 5 to 0 vote. All right, and Commissioner Sanchez -- Vice Chairman Sanchez: Yes, sir. Chairman Teele: -- Vice Chairman Sanchez, I'm sure that the entire Commission will be very responsive in working with you and the Manager, and I really think, you know -- bless you -- I really think that it might be helpful if you -- if we look at bringing in an economic consultant now, and not get behind the power curve, and I certainly would support any efforts to look at this in light of the potential of what can happen in the area, and you'll have the support, I'm sure, of the full Commission -- Commissioner Winton: Absolutely. Chairman Teele: -- including bringing in staff and consultants to begin looking at that. I don't think we can -- I don't think you should wait too much longer in really trying to tee this up because it's going to take some time to develop a rational -- Vice Chairman Sanchez: Well, I thank you so much. I just wanted to make sure that I did have City ofMiami Page 171 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 the support of the Commission. At the next Commission meeting, I will have some legislation pertaining to the items that have been discussed here today. Thank you. Chairman Teele: Thank you. Commissioner Regalado: Mr. Chairman, ifI may? It would be unfair to have Joe take all the brunt of questions that the residents in and around the Orange Bowl have. The media is always doing stories about what's going to happen to this building, what's going to happen to this resident, so it is important that you -- Joe, because you are the area Commissioner -- try to think of something to bring to the City Commission so we can -- if there is any displacement at all that the City Commission will support you in helping people, you know, to -- Commissioner Winton: Relocate. Commissioner Regalado: -- have access to housing, you know, to have a plan in mind because what you don't want is a TV (television) camera in front of one building, you know, people moving -- they need to know that the City is behind them. Vice Chairman Sanchez: Well, we certainly won't do this without any public input. As a matter of fact, we will be scheduling several meetings with the surrounding homeowners and all those that want to attend pertaining to, basically, a lot of questions that have not been answered, and basically all the reports that have been out on the media. We have received calls of people, although very supportive of the stadium, but also having a lot of questions, so I will be working with the administration. I will be working with all parties involved to have those necessary meetings to make sure that people are well-informed. This will be transparent. We will have numerous meetings with the community, especially all those that will be affected by the stadium, whether it be construction or whether it be displacement, so we will have numerous community meetings with all those that want to attend and obtain all the information necessary. I also will be working with the administration to provide a special report of some type on Net-9, and to the entire process, when we start the process from A to Z, which will be from -- once we enter negotiations, the construction phase from A to Z on that project because, basically, it's going to be one of the biggest projects in the City ofMiami, next to the Performing Arts Center. City ofMiami Page 172 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 NON -AGENDA NA.1 04-00514 DISCUSSION ITEM A motion was made by Commissioner Winton, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to reconvene all future Commission Meetings at 2:30 p.m., beginning with the next Commission Meeting currently scheduled for May 27, 2004. MOTION Chairman Teele: Point of procedure. Is there any objection to the Commission reconvening at 2 p.m., maybe beginning next meeting? Apparently, I'm understanding -- Commissioner Regalado: 2:30, if you can. Chairman Teele: I've been advised that the reason that it was moved was because of the MPO ( Metropolitan Planning Organization) process, which is -- Is there any objection to the meetings being reconvened from the break at 2 p.m., or as Commissioner Regalado is recommending, 2: 30? Commissioner Winton: If Commissioner Regalado wants 2:30, 2: 30's fine. Chairman Teele: I would recommend that the notices stay the same, at 3 p.m., but that'll give us 30 minutes to take up any business, that is, the zoning notices and the CD (Community Development), et cetera. Commissioner Winton: Yeah. Good idea. Chairman Teele: Is there a motion requesting that the break -- regular breaks be scheduled from the current time of reconvening at 3 p.m. to a recommended new time of 2:30 p.m.? Commissioner Winton: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? NA.2 04-00511 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BENCH ADS AMERICA, INC., WITHOUT ADMISSION OF LIABILITY, THE SUM OF $301, 016 PLUS RETURN OF SECURITY DEPOSITS HELD BY THE CITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI FOR THE CASE CITY OF MIAMI VS. BENCH ADS AMERICA, INC., IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 01-14785 CA (32), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, City ofMiami Page 173 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 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; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STIPULATION FOR SETTLEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 04-00511 - memo - 2.pdf 04-00511 - exhibit - 1 .pdf Motion by Commissioner Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Winton, Sanchez, Regalado and Teele Noes: 1 - Commissioner Gonzalez R-04-0324 Direction to the City Attorney and the City Clerk to research the record concerning Commission discussion related to bus benches in the City ofMiami, specifically the cancellation by the City Manager of the Bench Ads America, Inc. contract and provide copies of same to the City Commission. [Note: Clerk completed the research on 5-12-04 and forwarded copies to Commission on 5-19-041 A motion was made by Commissioner Gonzalez, seconded by Commissioner Winton, and passed unanimously, with Commissioner Winton absent, directing the City Manager to schedule a full discussion of bus benches on the agenda of Commission meeting currently scheduled for June 10 , 2004, including a status report of bus benches, bus shelters and all related matters. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and passed unanimously with Commissioners Winton absent, instructing the City Manager, within the next two weeks, to take appropriate action regarding illegal bus shelters, including to cause the removal of all advertising from bus shelters located within the City ofMiami, and to disconnect electricity to bus shelters until there is proper maintenance provided to the bus shelters. Chairman Teele: And, Mr. Attorney, before we go to Commissioner Sanchez' item, it's my understanding that at least one member may have expressed an interest in bringing up Bus Bench Ads ofAmerica's settlement. Alejandro Vilarello (City Attorney): Yes. It's a settlement that is currently scheduled for the May 27th meeting. I have not had an opportunity to brief you. If the City Commission wishes to consider it, we can certainly put the information together and bring it back to you this afternoon and, between now and then, I'll fry to meet with each of you to describe the settlement for your consideration. Chairman Teele: Commissioner Winton, what's your pleasure? Commissioner Winton: Well, Senator Jones asked if we could do that, and I have no problem with it, at all. I mean, if -- Chairman Teele: All right. We have no problem doing it. Commissioner Winton: -- the City Attorney is prepared to make a recommendation, it doesn't bother me at all. Chairman Teele: As long as the City Manager and the Attorney are on the same page -- City ofMiami Page 174 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Right. Chairman Teele: -- we don't -- Mr. Vilarello: Yes, sir. Chairman Teele: All right. We'll bring it up this afternoon. Now, we have the item that the City Attorney has passed out relating to the -- Commissioner Gonzalez: Settlement. Chairman Teele: -- settlement. Mr. Attorney, you want to walk us through very carefully what we're doing and what you're -- you and the Manager are proposing? Joel Maxwell (Deputy City Attorney): One second. Commissioner Winton: He's over atAkerman already. Chairman Teele: He's been out of the chair a lot since he made his big announcement. Commissioner Winton: He's dreaming Akerman. Mr. Vilarello: I'm always close by. This is a settlement of a case where the City Commission authorized us to seek -- to litigate against our former bench ad provider. The City did initiate litigation; raised issues with regard to the extension of the contract; that the Best Bench Ads had requested, and summary judgment was not granted in our favor. This settlement essentially resolves the last several years that Bench Ads had with the City in terms of long-term confract. It does require them to remove all of their bus benches that are in place, and resolves all our pending issues with bench ads. The settlement is for three hundred and one thousand, sixteen dollars. Chairman Teele: May I -- when did we get notice of the -- did you say that the summary judgment -- would you repeat what you said regarding the summary judgment? Mr. Vilarello: This -- the litigation on this case started in the year 2000. We had a tentative settlement after summary judgment was denied with regard to our summary -- to our sovereign immunity limits on a confract matter, and that took place at least two years ago. Commissioner Winton: Who gets the three hundred thousand dollars? Mr. Vilarello: It's payable to Bench Ads ofAmerica. Commissioner Winton: We're paying them? Mr. Vilarello: Yes, sir. We terminated the contract three years -- I believe three years before its end date, when we entered into the agreement with Sarmiento. Commissioner Gonzalez: And why did we terminate the contract, because of lack of performance on their part? Mr. Vilarello: Yes, it was by lack of performance. However, before the lack -- before the termination, they, in fact, came into compliance. They had an opportunity to come into compliance. They came into compliance, and after coming into compliance is when we terminated the contract. City ofMiami Page 175 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: Now, the Manager -- what department supervises -- Mr. Vilarello: Public Works. Chairman Teele: Is the Public Works Director -- Stephanie Grindell (Director, Public Works): Stephanie Grindell, Public Works. Chairman Teele: That's -- you know, this whole bus bench/bus shelter thing is really needing rationalizing -- the previous assistant manager, your predecessor, made a series of commitments that they were going to go out and look at adjusting this, and adjusting that, and acquiring land and this. Has anything been done? Ms. Grindell: Yes. We have the consultant working on a citywide analysis on the bus benches and the bus shelters. Commissioner Gonzalez: You have a consultant working what, an analysis? Alicia Cuervo-Schrieber (Chief of Operations): No, no, no, no, no. Actually, they're not reproducing anything. What they've done is, they're looking at the sites that have already been placed; looking to make sure that they met all the criteria. Some of them had electricity, which they shouldn't have had. We're looking at the ADA (Americans with Disabilities Act) component, those types of things, but they're not addressing the whole citywide. Chairman Teele: Commissioner Gonzalez. Commissioner Gonzalez: Let me tell you, my office has been in -- and let me not get upset because the doctor told me that I cannot get upset. Commissioner Winton: I was just going to say -- Commissioner Gonzalez: Let me address it very cool. My office has been very concerned with the situation that we have with the shelters. I don't know if my colleagues are aware that some of these shelters that we have in the City now -- first of all, they're being abandoned. They're not being maintained by the company. Second, they're -- they are advertising and they are making money out of advertising and they're not paying the City a penny, and we are allowing exactly the same situation that we had with the bus benches, it's happening with the shelters, but in addition to that, my office sent communication to you -- Alicia, I believe -- that these shelters have been energized by AC, and if you remember, four or five or six years ago, we had a kid that was killed by one of these shelters in the County -- Commissioner Winton: What -- Commissioner Gonzalez: -- and I don't know how many millions of dollars it cost, but aside from the million of dollars, a human life was lost because of this neglect, OK? We -- at the present time, at the present time, we have that liability in our City, and I want you to be aware of that, that I hope nothing happens, but we're taking a serious risk, OK. Long time ago, it was said that this was going to be taken care of, that these shelters were going to be maintained, and that we're going to be on top of the situation. Nothing has happened yet, and I just wanted to put it on the record, you know, now that we're discussing shelters and benches, and you know -- and let me tell you, I can't understand how come we cancelled a contract in a company because the company do not perform to their standards and then later on, they file suit and we agree to pay damages. Commissioner Winton: And on top of that, it isn't anything -- City ofMiami Page 176 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Gonzalez: I don't know. Commissioner Winton: Right. Mr. Vilarello: IfI can try to walk you through it again and explain it. This has to do with bus benches -- Commissioner Gonzalez: I mean, you know, I'm dying -- you know what? I think someone is really smart -- a person that is smart -- you know what the person that is very smart do? Do business with the City ofMiami, and then don't fulfill the agreement and then, when the City takes away the business, then sue the City. Mr. Vilarello: In fairness, Commissioner, this item, together with the issues related to Sarmiento and the bus shelter, was scheduled to come before you on the 27th, May 27th meeting. At the request of the City Commission, we expedited this one involving bus benches only to try to bring it to you this afternoon. The confract was out of compliance. The former City Manager authorized them to come into compliance and restated -- reinstated the contract. After the contract was reinstated, and the money that was owed was paid to the City, then the City then terminated the agreement. That's what created the problem with regard to this contract. At that point, at the point that the contract was reinstated and they were in full compliance, it was terminated and, at that point, there was about -- Commissioner Gonzalez: Who was the City Attorney back then? Mr. Vilarello: Who was the City Attorney? I was the City Attorney. Commissioner Gonzalez: And how -- ifyou were the City Attorney, you were supposed to protect the City's interest, right? How do you allow, as a City -- did you issue an opinion that this contract should not been cancelled? Mr. Vilarello: Yes. Commissioner Gonzalez: You issued that opinion? Commissioner Winton: I don't recall any -- I don't recall ever -- and we were all -- all of us were here but you, and I don't ever recall any conversation ever where we were agreeing that we were going to cancel somebody's confract after they came into compliance. I remember all the discussions about them not being in compliance, but I don't ever remember any conversation -- Chairman Teele: What did the attorney say? Commissioner Winton: He said we discussed it. Mr. Vilarello: No, no. The question was whether I advised the Manager. Commissioner Winton: Oh, OK. Chairman Teele: Listen, let me tell you this: Let's approve this, because I have a very vivid recollection -- I don't want to get Commissioner Regalado going, but he pointed his finger at the Manager. There was a whole series of issues where this decision was done by the Manager; the Commission challenged the decision out here. I did not know that you had advised the Manager Commissioner Winton: Me neither. City ofMiami Page 177 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Chairman Teele: -- not to -- but, again, it goes to the sole issue of who the City Attorney works for ExhibitA -- because if you advised the City Manager not to cancel the confract, then you had an obligation to tell us, but don't know -- did we ratify that cancellation? Mr. Vilarello: Mr. Chairman, this -- all of this took place four years ago, so -- Chairman Teele: But you were here -- Mr. Vilarello: Yes, sir, but my recollection -- Chairman Teele: -- and was here. Mr. Vilarello: My recollection of everything that happened four years ago is not clear, but can tell you this: I can go back and I can provide you that information before I would have brought this to you on the 27th, which was what my intention was, as opposed to bringing it to you at your request today. Chairman Teele: OK, but it's done. It's done, it's done. I think we ought to go back and look at the information, but don't think it should color where we are now, because I think it's helpful in the situation that we're finding ourselves in right now. I think the Clerk and you should pull the record up and let's figure that out, but there was a very heated discussion about the cancellation by the Manager of this confract, because when it came to the Commission, the cancellation had already been done, which is why I was reacting so on the rental car and all this other stuff because there's a way that minimizes the Commission that things get happened, and then we're responsible if it goes wrong, so I would strongly recommend that we go ahead and approve the settlement. The Manager's agreed to it; we've lost in court, or at least we're not in a very strong position in the court. The lawyers have said it's going to cost us a net of about nine hundred -- we have an exposure of nine hundred thousand dollars and so, you know, the better course of valor sometimes is -- Commissioner Winton: Cut your losses. Chairman Teele: -- to keep moving and cut your losses. Commissioner Regalado: I have a very vivid recollection -- Chairman Teele: I didn't want to -- I did not want to get you going. Commissioner Regalado: I'm trained to remember quotes, so I have a very vivid recollection, and it was the way you said it. Chairman Teele: You were the one that was all over the Manager on this thing. Commissioner Gonzalez: Let me tell you -- Commissioner Regalado: And the reason was that whatever was done at that time, was being done for political reasons because it was -- there was an election going on; there were some bus benches with advertising, and it was the typical Miami politics situation. I remember exactly what happened and -- Chairman Teele: It was on the eve of an election or something, right? Commissioner Regalado: It was three or four weeks before an election, and the order was to take all the bus benches -- and you know whyl thought this is part of the history? It's because City ofMiami Page 178 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 the law of unintended consequences. A friend of mine, who was running for Mayor, had decided to buy, with all the money he got from his campaign, all the bus benches, and three weeks before the election, the Manager -- which he, by the way, appointed then -- decided to -- all these benches have to go immediately, zero, go. Chairman Teele: That's why I'm telling you, we want to approve this and move on. Commissioner Regalado: And that's the story. Commissioner Winton: So moved. Commissioner Regalado: And that is the story. It was a political decision -- Commissioner Winton: So moved. Commissioner Regalado: -- that was wrong, unfair. Commissioner Winton: We need a second. Commissioner Regalado: Second. Chairman Teele: Does this require a four fifths vote? All right. All in favor, say "aye." Commissioner Gonzalez: No. Chairman Teele: All opposed? There's one "no" vote. Commissioner Gonzalez: And I'll tell you, I've got to vote no and I'll tell you why I got to vote no : Because, to me, this is immoral, like -- you know, there are things happening in this City that really have me very concerned, and again, you know, keeping my cool, keeping my cool, not getting my blood pressure high, because that's what the doctor recommended. We are approving projects in this City, recommended by Planning, recommended by Zoning, recommended by all the boards, and is approved by this City Commission with a 5/0 vote, and we have these developers being challenged in court -- or we have the City being challenged in court or sued, OK, for approving these projects, and then we're seeing settlements of money not to take these cases to court. I mean, you know -- and I see -- you know, and I look at this press writing about everything that, you know, if you spit on the sidewalk, the -- you know, this newspaper writes an article of ten pages, and they don't write anything about what's going on in this respect, and let me tell you, that has me very, very concerned. I don't know. It might be legal, but to me, it's very unethical, and to me, it's very inappropriate. Commissioner Winton: Agree. Commissioner Gonzalez: And have to say it, you know. I mean -- Chairman Teele: All right. Would you move, please, Commissioner Gonzalez, that there be a full discussion on the status of bus benches and bull shelters in 30 days? Mr. Vilarello: Mr. Chairman, on the 27th, several other bus shelters/bus bench related items are going to be on the agenda. Chairman Teele: Why? Commissioner Regalado: But why? City ofMiami Page 179 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Vilarello: For one, to have -- I believe is to bring Sarmiento forward to maintain the bus shelters, which have been left over from the former Eller contract that has expired by its own terms. Commissioner Gonzalez: Well, let me tell you, I'm not going to be here the 27th, OK, andl would like to participate in that discussion, because I don't want -- exactly what you have done now, I don't want to happen a year from now and me voting, as a Commissioner, on that matter. Chairman Teele: Motion by Commissioner Gonzalez that all bus shelter items be taken up the first meeting in June. Commissioner Gonzalez: In June. Commissioner Winton: Second. Commissioner Regalado: But, you know, Angel's right. Chairman Teele: And for a discussion, a general discussion on the status of bus benches/bus shelters, and all other matters related to bus benches or bus shelters. Commissioner Winton: Yeah. Commissioner Regalado: But, you know, the -- Angel is -- Chairman Teele: Motion and a second. Discussion. Commissioner Regalado: On discussion. The point that Angel made, I made it several months ago about -- to Alex. The advertising, who is getting the profits from the actual advertising? Commissioner Gonzalez: The company. Commissioner Regalado: Eller, right, Alex? Chairman Teele: Whoever the company is. Commissioner Gonzalez: Whoever it is. Commissioner Regalado: Whoever the company is. Mr. Vilarello: Bus shelters? Commissioner Regalado: They -- are they charging -- still charging the ad agencies for the advertising in the bus shelters? We don't know that. Mr. Vilarello: I don't know. Commissioner Gonzalez: Probably don't know. Commissioner Regalado: Probably, they are or probably, that's a bonus that they have given to the advertisers. Mr. Vilarello: Their contract with the City terminated in January. Commissioner Regalado: OK, but here's the thing. We have 300 bus shelters in the City of Miami, 300. City ofMiami Page 180 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Mr. Vilarello: 200 or less, as I understand it. Commissioner Regalado: I think -- Mr. Vilarello: You might be right, Commissioner, but I've been told 200. Commissioner Regalado: I think it's 200, almost to 300. Now, 90 percent do have advertising, right? Mr. Vilarello: In bus shelters, yes. Commissioner Regalado: It's been like six or maybe three or four months, maybe close to five that the contract with Eller is done, so they are almost half a year ahead of us, charging advertising and not paying the City -- Commissioner Gonzalez: Not paying the City. Commissioner Regalado: -- right? OK. Now, Angel is going to be out of town, so we need to wait until June, so they are going to have like almost two months ahead of us charges, so I don't know if we can do this, but whatever we could do in order to at least remove that advertising -- Commissioner Gonzalez: And the electricity from the shelters. Commissioner Regalado: -- and at least disconnect the electricity, because if nobody -- the City is not going to maintain it, and if we cannot discuss -- they need to remove the advertising, and the City may very well use those banners -- you know, "We Like Miami, " whatever -- meanwhile, because if we wait until June 12th and then 30 days after, they are going to be charging almost a year in advertising, so they have to remove the advertising, and the City -- and disconnect those from the electricity. Ms. Cuervo Schrieber: Commissioner, I learned about a week ago that there was about 26 locations with illegal connections; meaning that they had never pulled a permit to have the electrical connections. I ordered at that day to have the connections removed and the site secured, so those are being worked on as we speak. Commissioner Regalado: Those are 26 accidents waiting to happen. Ms. Cuervo Schrieber: 26 bus shelters. Chairman Teele: All right. On the motion that is before us, which is to put the item on the agenda, that is the June 10th Community Development meeting. What time does that start? Priscilla A. Thompson (City Clerk): At 9 o'clock. Chairman Teele: At 9 o'clock, so this item will be added to that agenda, which previously has been set aside for Community Development items. Is there objection? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed? Commissioner Regalado: Yeah, but the motion that I want -- Chairman Teele: Now, the motion you want to make is to instruct the City Manager to take City ofMiami Page 181 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 appropriate actions regarding any illegal bus shelters, including the disconnection and the -- and include -- Commissioner Regalado: No. There may be some that are legal, but still have advertising. Chairman Teele: Well, to take the appropriate action as you -- Commissioner Regalado: Advertising. To take the advertising. Chairman Teele: And specifically to audit all bus shelters by the company, and to provide a report. You know, the pictures; you know, the time line and all of that. Is that your -- satisfactory statement of your motion, sir? Not really? Commissioner Regalado: Not really. Chairman Teele: You're not satisfied with that? Commissioner Regalado: No, not really. Chairman Teele: OK. You want to state it the way you want to state it? Commissioner Regalado: To -- Commissioner Gonzalez: Remove the advertising. Commissioner Regalado: Within the next two weeks, to take every and all advertising from the bus shelter and disconnect the bus shelter, until someone could maintain that, because there's going to be an accident. Commissioner Gonzalez: There's going to be an accident. Chairman Teele: That's his motion. Commissioner Gonzalez: Second the motion. Chairman Teele: Mr. Attorney, that's a legal motion, I presume? All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Teele: You're hard -nose. You're so "come -and -take -it, " you know. All opposed? It's passed unanimously. NA.3 04-00515 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ramon (Ray) Flores Commissioner Winton 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 City ofMiami Page 182 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 R-04-0325 Commissioner Winton: Mayor's International Council, Ray Flores. Commissioner Gonzalez: Second. Commissioner Winton: And -- Chairman Teele: Is there objection? Commissioner Winton: Yeah. Chairman Teele: All in favor, say "aye." The Commission (Collectively): Aye. NA.4 04-00509 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING RESOLUTION NO. 02-738, ADOPTED JUNE 27, 2002; AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ACKNOWLEDGING THE TRANSFER OF SOUTHWEST TOWING, INC. TO ABSOLUTE MANAGEMENT TRANSFER FOR THE PROVISION OF TOWING SERVICES FOR THE CITY OF MIAMI. 04-00509.exhibit-Acceptance of Assignment.pdf 04-00509 - memo - 2.pdf 04-00509 - exhibit - 1 .pdf Motion by Vice Chairman Sanchez, 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-04-0322 Chairman Teele: And we have Planning and Zoning. Commissioner Regalado: Mr. Chairman. Mr. Chairman. Chairman Teele: Commissioner Regalado. Commissioner Regalado: We have the Mayor of the City of Sweetwater here. I don't know -- and out of deference, Mr. Mayor, thank you for -- Manny Marono. Chairman Teele: Manny, you look so young back there. Why don't you please come up and at least -- Commissioner Regalado: Well, because he looks young in the back and in the front, too. Chairman Teele: Mr. Mayor, please come up and just give us the benefit of any wisdom that you'd like to, and -- Mayor MannyMarono: I can't give you any wisdom. You could offer me some wisdom. Chairman Teele: Maybe the Protocol Office -- where's the Sergeant -at -arms of the Protocol City ofMiami Page 183 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Office? Maybe we have some memento that we could at least offer a statement of our good will, and we appreciate your being here. Are you here on any particular item, Mr. Mayor? Mayor Marono: Yes, I am. I'm on my personal business. There's an item that's on the -- I believe the administration's bringing forward. Vice Chairman Sanchez: I think the administration is going to present a pocket item at this time, Mr. Chairman. Mayor Marono: Well, thank you for having me, Mr. Chairman. Chairman Teele: Are we ready with the pocket item, Mr. Manager? Larry Spring (Chief of Strategic Planning, Budgeting & Performance): Actually, yes. You have a copy of it, I believe, in front of you. Chairman Teele: We don't normally take pocket items until the very end but, you know -- Mayor Marono: I appreciate that. Chairman Teele: Would you read the item, Mr. Manager, into the record? Mr. Spring: Sure will. Yeah, I have a copy right here. Southwest Transportation, Inc., located at 3870 Shipping Avenue. This is actually the cover memo. The resolution of City of -- Miami City Commission, with the attachments, amending Resolution Number 02-738, authorizing the City Manager to execute an acceptance of assignments in substantially the attached form, and acknowledging the transfer of Southwest Towing, Inc. to Absolute Management Transfer for the provision of towing services for the City ofMiami. Chairman Teele: All right. Not to be technical, but this doesn't require a notice, does it? Alejandro Vilarello (City Attorney): No, sir. Chairman Teele: Is there a motion? Vice Chairman Sanchez: So moved. Commissioner Regalado: Second. Chairman Teele: Is there objection? Commissioner Winton: Nope. Chairman Teele: All those in favor, signify by the sign of "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. Mayor Marono: Thank you, Mr. Chairman. Thank you, Commissioners. Chairman Teele: Thank you very much. Vice Chairman Sanchez: Thank you for visiting the City ofMiami. Hope you spend some money over here, too, because when Igo to Sweetwater, I drink coffee over there at 107th. I like City ofMiami Page 184 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 that place. Mayor Marono: I have my business here. Vice Chairman Sanchez: OK. Commissioner Winton: Yeah. Vice Chairman Sanchez: Yeah, you do. Commissioner Winton: Exactly. Chairman Teele: OK. Commissioner Winton: That's a real supporter. NA.5 04-00474 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, RELATED TO THE PROPERTY LOCATED AT 2381 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, TO ABATE VIOLATIONS OF LAW; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE A PUBLIC NUISANCE ACTION AGAINST THE PROPERTY AT 2381 SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA. 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-04-0323 Chairman Teele: Mr. Manager, were there any other matters that you wanted us to take up? Alejandro Vilarello (City Attorney): The only thing that we have is the item with regard to the settlement, and that should be ready in about 10, 15 minutes. Chairman Teele: All right. Then let's take up the Planning and Zoning -- Commissioner Regalado: Mr. Chairman, I have a pocket item that the City Attorney -- Chairman Teele: Well, we're not doing pocket items yet. Commissioner Regalado: No, no, but this -- and I just wanted to ask whether I can do this within the context of the PZ (Planning & Zoning), or should be done outside of the PZ, and the reason is, this is an ALF (Adult Living Facility) that became a halfway house, violating all the zoning laws. Chairman Teele: Let's take it up during the PZ, so that we've got the right staff in here. Commissioner Regalado: OK Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ.5 is a second reading ordinance. Chairman Teele: Hold on one minute. While the Commissioner has the floor, do you want to move your pocket item and have that discussion? City ofMiami Page 185 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Commissioner Winton: Yeah. Commissioner Regalado: Sure. It's -- it has to do with Zoning and the City Attorney, so this is - - Mr. City Attorney and Lourdes, this is an ALF (Adult Living Facility), but by law, can have six patients but, suddenly, it became a halfway house with 10 or more ex -cons and, you know, halfway house. It's a halfway house. It is -- it's disturbing -- I have 100 signatures here. Commissioner Winton: What do we need to do, though? Alejandro Vilarello (City Attorney): Mr. Chairman -- Commissioner Regalado: File suit. Commissioner Winton: Yeah. Mr. Vilarello: I don't know ifMs. Slazyk is familiar with the -- Commissioner Winton: I'll second the motion. Mr. Vilarello: -- property, but this resolution simply authorizes us to seek injunctive relief and any appropriate relief with regard to violations occurring on that property. Commissioner Winton: Move it. Commissioner Regalado: OK A resolution of the Miami City Commission authorizing the City Attorney to seek injunctive relief or any other actions in law or in equity, related to the property located at 2381 Southwest 21st Street, Miami, Florida, in order to abate violations of law; further authorizing the City Attorney to initiate a public nuisance action against the property at 2381 Southwest 21 st Street, Miami, Florida. Commissioner Winton: Second. Chairman Teele: Motion and second. Is there discussion or objection? Does the staff understand it? Commissioner Regalado: The City Attorney does. Although this is a Zoning issue, too, because it -- this is not allowed by Zoning, a halfway house. Vice Chairman Sanchez: Pocket item? Ms. Slazyk: No. It's my understanding, it's R-1, and you're right, six is all that's allowed, so -- Commissioner Regalado: OK Commissioner Gonzalez: (INAUDIBLE). Commissioner Regalado: Well, police have counted at least 10 to sometimes 12. Chairman Teele: All right. All those in favor of the item, say "aye." The Commission (Collectively): Aye. Chairman Teele: All opposed have the same right. City ofMiami Page 186 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 NA.6 04-00513 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $7,500, TO FACILITATE THE COSTS OF POLICE, FIRE, PERMITS, EQUIPMENT RENTAL, PARKS & RECREATION AND ACCOMPANYING FEE WAIVERS RELATED TO THE 6TH ANNUAL HAITIAN COMPAS FESTIVAL 2004 EVENT, HIGHLIGHTING THE 200TH YEAR BICENTENNIAL OF HAITI, CELEBRATING THE HAITIAN FLAG DAY, TO BE HELD ON SATURDAY, MAY 15, 2004 AT BAYFRONT PARK, 301 NORTH BISCAYNE BOULEVARD, MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE DISTRICT 5 ACCOUNT NO. 001000.920922.6.930; FURTHER DIRECTING THAT SAID ALLOCATION BE MADE TO THE BAYFRONT PARK MANAGEM ENT TRUST. Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton R-04-0326 Chairman Teele: Are there any pocket items that anyone would like to take up? Any other items before we go into the 4:30 time certain zoning issue. We have one 4:30 issue and one 6 o'clock issue. Commissioner Gonzalez: If you allow me, I've got to leave because I've got to go and have my heart checked this afternoon. Chairman Teele: Did you have a pocket item you wanted to take up? Commissioner Gonzalez: No. Chairman Teele: All right. Commissioner Gonzalez is leaving for the day. Thank you very much. Commissioner Gonzalez: Thank you. God bless you all. Chairman Teele: Stay calm. All right. Commissioner -- Vice Chairman Sanchez, would you -- Vice Chairman, would you preside and allow me to introduce two pocket items? Vice Chairman Sanchez: Yes, sir. You're recognized. Chairman Teele: Pocket item relating to District 5 account 920922.6.930 rollover, relating to facilities and police costs, fire permits, equipment rental, and Parks and Recreation, and accompanying fees, providing seven thousand, five hundred dollars to the Bayfront Park Management Trust to assist in the 200 Bicentennial Haiti Celebration of Flag Day, to be held Saturday, May 15th, at the Bicentennial Park. So moved. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a motion and a second. All those in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 187 Printed on 12/16/2004 City Commission Verbatim Minutes May 6, 2004 Vice Chairman Sanchez: Anyone in opposition, say "nay." Motion carries unanimously. NA.7 04-00512 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION PROVIDING SUPPORT, IN AN AMOUNT NOT TO EXCEED $3,800, TO FACILITATE A LITURGICAL DANCE PRODUCTION TO BE HOSTED BY MCINTYRE INSTITUTE/ ECUMENICAL DEVELOPMENTS, INC., WHO ARE COMMITTED IN TRAINING THE COMMUNITY YOUTH IN PROFESSIONAL ARRANGEMENT; ALLOCATING FUNDS FROM THE DISTRICT 5 SPECIAL EVENTS ACCOUNT NO. 001000.921054.6.289; FURTHER DIRECTING THAT THIS ALLOCATION BE MADE TO THE OLYMPIA THEATER LOCATED AT GUSMAN CENTER FOR THE PERFORMING ARTS TO ASSIST WITH THE RELATED COSTS. Motion by Chairman Teele, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Teele Absent: 2 - Commissioner Gonzalez and Winton R-04-0327 Chairman Teele: And this is a second resolution to the District 5 -- from the District 5 account 921054.6.289, of thirty-eight hundred dollars to be paid to Gusman -- the Olympic Theater, Gusman on behalf of the McArthur Institute Ecumenical Development Incorporation, to assist in a production for the training and community youth, and to assist in the payment of the cost of the rental of the Gusman. So moved. Vice Chairman Sanchez: There's a motion on the floor by the Chair. Commissioner Regalado: Second. Vice Chairman Sanchez: There's a second. It is open for discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chairman Sanchez: Anyone in opposition, having the same chance, say "nay." Motion carries unanimously. City ofMiami Page 188 Printed on 12/16/2004