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HomeMy WebLinkAboutCC 2006-02-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Meeting Minutes Thursday, February 9, 2006 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Johnny L. Winton, Vice Chairman Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 9, 2006 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS The minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later..]" refers to discussions that were interrupted and later continued. City of Miami Page 1 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Vice Chairman Winton, Commissioner Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 7th day of February 2006, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Angel Gonzales at 9:27 a.m. and adjourned at 12:16 p.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 06-00180 CEREMONIAL ITEM Name of Honoree Presenter Protocol Item The Coral Reef Yacht Club Mayor Diaz Commendation 06-00180 Protocol List.pdf 1. Mayor Diaz presented a proclamation to the Coral Reef Yacht Club for hosting the most successful Orange Bowl Regatta ever, which brought good will and economic benefits to the City of Miami. Mayor Diaz declared February 9, 2006 "Coral Reef Yacht Club Day." 2. Fire Chief William "Shorty" Bryson presented Officer Tom Vokaty with a plaque recognizing his heroic efforts in responding to a neighbor in need, making him the first to save a life in the Miami Fire Department PAD (Public Access Deftbrillgtion) Program. Further, Police Chief John F. Timoney presented Officer Tom Vokaty with a Silver Life -Saving Award for his heroic life-saving efforts. 3. Janet Topiko from the American Heart Association presented the City of Miami with the Heart Ready 2005 Award for outreach and support of the entire city in AED/CPR training, implementing AEDs in police vehicles, city buildings, and in public facilities. 4. Mike Hasserman, on behalf of Cardiac Science, presented a plaque and an AED (Automated External Defibrillator) machine to Chief Bryson, in honor of Tom Vokaty and in honor of the City of Miami Firefighters Benevolent Association. Chairman Gonzalez: Now we're going to go into the presentations and proclamations. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chairman Gonzalez:: Do we have any vetoes from the Mayor? We don't have any vetoes from the Mayor. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: City of Miami Page 3 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: We need a motion to approve the -- and 1 think that we can approve all the minutes at -- Jorge L. Fernandez (City Attorney): Yes. Chairman Gonzalez: -- one time, right? Mr. Fernandez: Right. Chairman Gonzalez: OK. It's going to be the regular -- Vice Chairman Winton: So move. Chairman Gonzalez: Pardon -- Vice Chairman Winton: So move. Vice Chairman Winton: -- and planning & zoning meeting of March 27, 2003, the regular and planning & zoning meeting of May 22, 2003, the special meeting of August 8, 2003, the special meeting of September 5, 2003, and the regular meeting of January 12, 2006. Do we have a motion? Vice Chairman Winton: So move. Commissioner Sanchez: Second. Chairman Gonzalez. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. ORDER OF THE DAY Chairman Gonzalez: Welcome to the February 9, 2006 meeting of the City of Miami Commission in the historic chambers of the City of Miami. The member [sic] of the City Commission are Joe Sanchez, Tomas Regalado, Michelle Spence -Jones, Commissioner Johnny Winton, Vice Chair, and myself Angel Gonzalez, your Chairman. Also on the dais are Joe Arriola, City Manager, and Jorge Fernandez, the City Attorney, and Priscilla Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Regalado, and the pledge of allegiance by Commissioner Sanchez. Invocation and pledge of allegiance delivered. [Later..] Chairman Gonzalez: We will now begin the regular meeting, and the City Attorney will state the procedures to be followed during this meeting. Mr. City Attorney, you're recognized. Jorge L. Fernandez (City Attorney): Mr. Chairman, and Commissioners, members of the public, any person who is a lobbyist must register with the City Clerk before appearing in front of the City of Miami Page 4 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 City Commission. A copy of the code section about lobbyists is available in the City Clerk's Office. The material in connection with each item appearing on the agenda is available for inspection during business hours at the City Clerk's Office and on-line. Formal action may be taken on any item discussed here today or added to this agenda. All decisions of the City Commission are final, except for the Mayor -- except that the Mayor may veto certain items approved by the City Commission within ten calendar days of the Commission action. The Commission may override such veto by a four -fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible sound or ringing devices are permitted in the Commission chambers. Please silence those devices now. Any person making impertinent or slanderous remarks or who becomes unruly while addressing the Commission shall be barred from further attending Commission meetings unless permission to continue or again address the Commission is granted by a vote of the Commission. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or Commissioner are allowed. No signs or placards are allowed in the chambers. Persons exiting the Commission chamber shall do so quietly. Persons may address the City Commission on items appearing on the public hearing portion of the agenda and on items where public input is solicited by the Commission. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the item is heard, persons who will speak should approach the microphone and wait to be recognized. Any person with a disability requiring auxiliary aids and services for this meeting may notes the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. The items will be heard in the numbered sequence on the agenda, except for PZ (Planning & Zoning) items, which will begin in their own numbered sequence after 10 a.m. or soon thereafter. The following items -- please pay attention -- are deferred from the agenda today: PH.8 and 9 are being deferred to March 9. Commissioner Sanchez: PH.8 and 9? Mr. Fernandez: PH.8 and 9 are being deferred to a time certain, and that is at the beginning of the Commission meeting of March 9. Also, for your information, when the meeting resumes, consent agenda item number 6 and Item RE. 1 will be amended on the floor. There is minor amendments to both of those items; consent agenda item number 6 and RE. 1. Then the following items will be heard at the time certain as indicated on the agenda, and these are public hearing 6, 7, 8, 9, and 10, and those are the items authorizing the extension and rollover of accounts, approving the release of a ten-year affordability restrictive covenant for ten parcels of land, to declare surplus the property located at 1240 Northwest 61st Street, and the trade of HOME Investment Partnership funds to the Carrie Meek Foundation, and amending resolution 05-0477, changing activities for Black Economic Development Coalition. Those items will be heard at that time certain. Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. Do any Commissioners wish to have items removed from the consent agenda or the regular agenda? Commissioner Regalado: I would like -- Mr. Chairman, on CA.4 -- and just an explanation on the record from the City Attorney. Chairman Gonzalez: CA.4? Commissioner Regalado: Yes. Chairman Gonzalez: All right. City of Miami Page 5 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Spence -Jones: Mr. Chairman. Chairman Gonzalez: That item has been pulled for discussion. Yes, ma'am. Commissioner Spence -Jones: I'd like to also pull CA.2. Chairman Gonzalez: CA.2? Commissioner Spence -Jones: Um -hum. CONSENT AGENDA CA.1 06-00098 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works NORTHWEST 2ND AVENUE FROM NORTHWEST 73RD STREET TO NORTHWEST 77TH STREET, MIAMI, FLORIDA, AS "POPE JOHN PAUL II AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 06-00098 Legislation.pdf 06-00098 Summary Form.pdf 06-00098 Codesignation Application.pdf 06-00098 Email.pdf 06-00098 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0068 CA.2 06-00102 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE HERITAGE TRUST, INC. ("TRUST"), A NON-PROFIT ORGANIZATION, TO ALLOW THE TRUST TO RENOVATE THE OLD MIAMI HIGH SCHOOL HISTORIC BUILDING ("BUILDING") LOCATED APPROXIMATELY AT 140-142 SOUTHWEST 11TH STREET, MIAMI, FLORIDA, ALSO KNOWN AS SOUTHSIDE PARK ("PROPERTY"), FOR THE PURPOSE OF RESTORING AND RENOVATING SAID BUILDING ("PROJECT") AT THE PROPERTY, FOR A PUBLIC PURPOSE USE; AUTHORIZING THE CITY MANAGER TO ACCEPT THE USE OF A GRANT AND OTHER FUNDS, IN THE AMOUNT NOT TO EXCEED $700,000, CONSISTING OF AWARDS TO THE TRUST FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT REQUIRED BY THE FLORIDA SECRETARY OF STATE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND SAID AGREEMENT AS NECESSARY. City of Miami Page 6 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 06-00102 Legislation.pdf 06-00102 Exhibit 1.pdf 06-00102 Exhibit 2.pdf 06-00102 Exhibit 3.pdf 06-00102 Exhibit 4.pdf 06-00102 Exhibit 5.pdf 06-00102 Exhibit 6.pdf 06-00102 Summary Form.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0074 Direction to the Administration by Commissioner Sanchez to assure that the City Administration will not come before the Commission to seek additional funds in connection with the Miami High School renovation project. Chairman Gonzalez: All right. Commissioner Spence -Jones, you also have CA.2. Commissioner Spence -Jones: Yeah. I just wanted to get a little -- some clarification on the item, and 1 guess this is directed towards the City Manager or Historic Preservation, perhaps. The authorizing of the $700, 000, that is for a grant that we're receiving correct, Lori? Laura Billberry (Director, Public Facilities): These are actually two grants of 350,000 each from the State of Florida and the Dade County Bond program, and they were actually awarded to Dade Heritage Trust, not to the City -- Commissioner Spence -Jones: Oh. Ms. Billberry: -- so this is allowing Dade Heritage Trust to use those monies to improve this facility. Commissioner Spence -Jones: OK, because that was one of the questions that 1 had, and you kind of answered it because the next question was going to be how much money was already spent on the Miami High project from our perspective. Did we at least budget any -- ? Because I'm going to tell you what my concerns are, you know, not about the project because 1 think -- you know, I'm a big historic preservationist person, so I want to preserve everything, but 1 just want to make sure that once we preserve it, there's actually a plan to maintain it. You know, I want to make sure that -- want to know kind of what is the plan afterwards. What's going to happen in the building? Is it going to be a museum? Is it going to -- ? What is it going to be? Ms. Billberry: 1 would have to defer to Parks to fully answer it. They have told me, in principle, it would be for historic education, but 1 don't know if Juan Pascual could answer that in further detail for you. Commissioner Spence -Jones: OK. OK. Joe Arriola (City Manager): It's not our responsibility. Dade Heritage is going to take care -- Commissioner Spence -Jones: OK. Mr. Arriola: -- we're just going through a process of -- you know, we get the grant; we pass it on, and it's their responsibility, their problem, not ours. City of Miami Page 7 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Spence -Jones: OK, so Dade Heritage will take -- is going to be responsibility for this. Mr. Arriola: Yeah. They have been responsible until now. Vice Chairman Winton: Yeah. Ms. Billberry: It is currently under the City's jurisdiction in the (UNINTELLIGIBLE). They don't have an operating license at this point. Commissioner Spence -Jones: OK, and I'm just saying because 1 know this is my colleague's alma mazer, so 1 want to make sure that -- Commissioner Sanchez: I went to Miami High, but I sure didn't go to that building school. That was -- Commissioner Spence -Jones: 1 just want to make sure that, you know, as we begin to do projects like this, you know, I'm sure it's -- I'm almost sure there's additional money that's also needed for the project after this. Ms. Billberry: There very likely will be from the initial discussions, and Dadp Heritage Trust has committed to continue to seek additional grant funding, and the City will work with them on those efforts. Commissioner Spence -Jones: OK, so I just wanted to at least understand that there is a plan, so Dade Heritage Trust will have it; they will maintain it, or -- Ms. Billberry: They are not responsible for maintenance now. Commissioner Spence -Jones: OK. Ms. Billberry: That will be a City responsibility at this time. Commissioner Sanchez: To echo on my colleague's concern, the question that 1 have for you -- and is there a representative from the Dade Heritage Trust here? They are not here? I want to make sure --1 want an answer and a straight answer. Is $700, 000 going to be enough to get this thing done? I mean, at least refurbished and put back; not the maintenance. They will come up with a maintenance plan, but I know that we have already allocated money to get it moved from the old site to the park; it is there. It's been sitting there for quite some time because the funds were not available. Well, we have the funds now, but 1 want an assurance to make sure that you're not going to come back here in six months to a year or two years asking for more money because that is a concern. Ms. Billberiy: All right, and 1 appreciate your concern. I have had initial con -- the initial response I received in that regard was that 700,000 may not be 100 percent adequate to fully outfit it. 1 don't know if they're trying to modem the scope of the project so that it can work. The -- we have revert -- excuse me, reserved the right to review the entire scope of work so we don't get stuck with a building that's half complete either. We don't want to have a situation where we now have a liability, so we are reserving, once they get their plans and specs. available, that we can review it so we make sure that they have the adequate funds to complete what they are presenting to us, and we're going to also be requesting that they give a construction contract that will make sure that we don't wind up in a bad situation. Commissioner Sanchez: Could you please report back -- City of Miami Page 8 Printed on 316/2006 City Commission Meeting Minutes February 9, 2006 Ms. Billberry: Absolutely. Commissioner Sanchez: -- to us on this? Ms. Billberry: Absolutely. Commissioner Sanchez: Thank you. Chairman Gonzalez: Any further discussion? Commissioner Sanchez: So move. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. CA.3 06-00117 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Public Works SOUTHWEST 24TH ROAD FROM SOUTHWEST 1ST AVENUE TO SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, AS "REV. FATHER JOHN DEMOSTHENES MEKRAS WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 06-00117 Legislation.pdf 06-00117 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0069 CA.4 06-00119 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT AND KISSANE, P.A., AS OUTSIDE COUNSEL, IN CONNECTION WITH THE CASES OF EVA NAGYMIHALY, ET AL., VS. CITY OF MIAMI, ET AL., CASE NO. 98-11208 CA 01, ADORNO & YOSS, LLP. VS. CITY OF MIAMI, CASE NO. 05-7900 CA 24, AND CARL L. MASZTAL, ET AL. VS. CITY OF MIAMI, ET AL., CASE NO. 05-2117 CA 22, PLUS ANY ADDITIONAL COSTS OF LITIGATION INCLUDING BUT NOT LIMITED TO RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY. 06-00119 Legislation.pdf 06-00119 Memo.pdf City of Miami Page 9 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0073 Chairman Gonzalez: All right. We need to go back to the consent agenda. Item CA.4, Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman, and just a clarification from the City Attorney on the record because there was a number that wasn't -- according to his explanation -- the exact number of expenses. I just wanted to hear from him the timeline of what is going to happen and why do we need to give you this authority. Jorge L. Fernandez (City Attorney): Yes. The -- I'm not familiar -- I haven't read the newspaper yet, so I don't know what's being put out there, but certainly the cover memo that I attached to the resolution is a cover memo where 1 gave you a sense of the case, and where I stated the amount of approximately $700, 000 as the ultimate number that this case may get to. To date, the City has only spent approximately 155 and counting. As you know, this is a case of great magnitude and significance to the City. We have what I believe to be one of the best law firms in town representing the residents of the City of Miami and the City of Miami in this case, and the fact that the resolution did not state an amount certain is because we're about ready to start the very lengthy and complex process of trying the case in chief We have just finished, as you know, the issue of setting aside the settlement, and there will be a ruling from the court on that, hopefully, the first week of March. Once the court rules on that, then we can move forward and try the case on the merits so that we can have a quick resolution of what the to expect in this matter. We need this law firm to continue to work with us in arriving at a resolution, and if it's in the Commission's wisdom to assign and approve only an amount certain, then 1 would ask that you authorize at this time $100, 000 for us to be able to continue to retain -- and as soon as needed, in two, three, five, six months -- I cannot predict time because it's very difficult to predict the course of litigation -- and we would need more money, I would come back. Let me hasten to add that every penny that the City spends on outside counsel is meticulously reviewed by me. 1 take it very much as part of my -- discharging my fiduciary responsibility to this Commission to supervise the work of all outside counsel, and to very closely monitor all the amounts that they spent. Without my signature on their bills, Finance Department would not cut a check, and I can tell you that I don't put my signature lightly. I do a thorough review of those bills, and so this item should be modified to include the amount certain of $100, 000, and we will talk later again when necessary. Vice Chairman Winton: I will -- Mr. Fernandez: Thank you. Vice Chairman Winton: -- move CA.4 with that modification. Commissioner Sanchez: Second. Commissioner Regalado: OK. Chairman Gonzalez: All right. Commissioner Regalado: Just another question. Commissioner Sanchez: Discussion. City of Miami Page 10 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: Discussion. Commissioner Regalado: Just another question on the matter, so after this ruling, we enter into one or two litigation? Mr. Fernandez: There are actually three lawsuits pending. They're all interrelated. Within each of those lawsuits there are different causes of actions. The most recently -- the interveners have amended or moved to amend their complaint to include now a violation of civil rights count. It is very complex, and we're looking at issues such as removal to federal court, continue to try the case in state court, but that's where we are. It's basically three cases going forward, but within each of those cases, there is different numbers of causes of actions that need to be addressed. Commissioner Regalado: So we know none of these three litigation, and maybe the federal case can be defended by the City Attorney's Office, or should not be defended by the City Attorney's Office? Mr. Fernandez: The City Attorney's Office is very much involved in the defense of -- and prosecution of all of the cases that you have referred. It is my measured judgment and recommendation to you that the City Commission and the City continue to avail itself of the additional services of this law firm. They are lead counsel. We're very much involved, but it -- with regard to your question, let me be more precise, Commissioner Regalado. On the issue that has already been tried, which is the issue of setting aside the settlement, in that issue in particular, 1 didn't feel that it was appropriate for my office to be involved in that to the extent that, as you all well know, there are issues of conflicts of testimony and differences of perceptions and the like, and therefore, it was essential that my office abstain from having an active role in the representation of the City in that case because many of us were witnesses to that whole case in chief and so that is already tried and done. As we move forward, the role of my office changes dramatically because now it becomes the case in chief the merits of the fire assessment. We need to change the wording here. The word "fee" is wholly inappropriate, but that's another lesson for another day. The fire assessment, we're very much involved, and we're cocounseling with the -- with this firm as we go forward. Commissioner Regalado: OK. Just know one last question; so, the interveners -- the fact that the interveners have gone on civil rights violations, would that move the case to federal court, or it would only be the civil rights assumption? Mr. Fernandez: Very good question, Commissioner, and 1 would be very happy to meet with you and explain to you at greater length how complex of a decision that is. That is basically a legal strategy decision that your team of lawyers will have to make in the very near future. We need to analyze the cause of action, and at the time that we remove it -- if we decide to remove it, which that decision has not been made -- it is truly then up to the federal courts to decide how much of it they will handle. Commissioner Regalado: Thank you. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Commissioner Sanchez: As amended. City of Miami Page 11 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 CA.5 06-00103 Department of Public Works Vice Chairman Winton: Yes -- Chairman Gonzalez: As amended Vice Chairman Winton: -- as amended. Mr. Fernandez: As amended. Chairman Gonzalez: As amended That's correct. Mr. Fernandez: Thank you, Mr. Chairman. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AND PERMITTING MIDGUARD DEVELOPMENT GROUP, INC. ("MIDGUARD"), TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS THE ALLEY EAST OF AND PARALLEL TO BISCAYNE BOULEVARD, BETWEEN "THE BANK CONDOMINIUM" RESIDENTIAL BUILDING AND "THE BANK CONDOMINIUM" PARKING GARAGE, LOCATED AT 8101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, APPROXIMATELY 115 FEET SOUTH OF THE CENTERLINE OF NORTHEAST 82 STREET, WITH A MINIMUM VERTICAL CLEARANCE OF 14 FEET, 6 INCHES ABOVE THE SURFACE OF THE ALLEY, CONDITIONED UPON MIDGUARD EXECUTING A COVENANT TO RUN WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, TO INDEMNIFY IN FAVOR OF THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF MIDGUARD TO MAINTAIN IT; AND FURTHER PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS. 06-00103 Legislation.pdf 06-00103 Exhibit 1.pdf 06-00103 Exhibit 2.pdf 06-00103 Exhibit 3.pdf 06-00103 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones CA.6 06-00146 Office of the City Attorney R-06-0070 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE CONTINUED ENGAGEMENT OF THE LAW OFFICES OF OSCAR E. MARRERO FOR REPRESENTATION OF FORMER POLICE DETECTIVES JAMES E. BOONE AND BRUCE CHARLES ROBERSON IN THE CASE OF JERRY FRANK TOWNSEND VS. CITY OF MIAMI, ETC., ET AL., IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 03-21072-CIV-JORDAN, PLUS ANY ADDITIONAL COSTS OF City of Miami Page 12 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 LITIGATION INCLUDING BUT NOT LIMITED TO RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY. 06-00146 Legislation.pdf 06-00146 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0071 Adopted the Consent Agenda Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chairman Gonzalez: OK. I need a motion to approve the balance of the consent agenda. Commissioner Sanchez: So move. Vice Chairman Winton: Second, with comment, though. Isn't there going to be a modification to CA.6? Jorge L. Fernandez (City Attorney): I'm sorry. I misspoke. It should have been CA.4 that's being modified Vice Chairman Winton: OK. Chairman Gonzalez: CA.4. Vice Chairman Winton: Right -- all right. Mr. Fernandez: CA.4. Vice Chairman Winton: OK. Chairman Gonzalez: All right. Mr. Fernandez: The same that Commissioner Regalado is pulling -- Vice Chairman Winton: Got it, got it. Mr. Fernandez: -- so it's fine that it be pulled because it will be modified on the floor. Chairman Gonzalez: All right, so we have a motion and we have a second on the consent agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 13 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 PERSONAL APPEARANCE PA.1 06-00115 DISCUSSION ITEM MR. IVAN E. HERNANDEZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR, CORPORATION TO ADDRESS THE COMMISSION CONCERNING THE 24TH FAIR OF THE CUBAN MUNICIPALITIES IN EXILE TO TAKE PLACE FROM APRIL 6 - 9, 2006, ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK, N.W. 37TH AVENUE AT 7TH STREET, MIAMI, FLORIDA. HE WILL REQUEST FOR A WAIVER THAT THE EVENT WILL NOT COUNT AS ONE OF THE TWO ALLOCATED EVENTS FOR THE SITE. 06-00115 Cover Letter.pdf 06-00115 Summary Form.pdf 06-00115 Submittal Letter.pdf DISCUSSED Discussion on Item PA.1 resulted in the resolution below: (PA.1) 06-00115a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE REQUEST OF MR. IVAN E. HERNANDEZ-DIAZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR CORPORATION, FOR A WAIVER OF THE TWO EVENTS PER YEAR, PER SITE, LIMITATION ON TEMPORARY EVENTS FOR THE FLAGLER DOG TRACK PROPERTY LOCATED AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO ALLOW THE CUBAN MUNICIPALITIES FAIR, SCHEDULED TO TAKE PLACE FROM APRIL 6-9, 2006, TO OCCUR ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK. Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0090 Chairman Gonzalez: PA. I, personal appearance, Mr. Ivan Hernandez -- Commissioner Sanchez: I don't believe he's here. Chairman Gonzalez: -- from the Cuban Municipalities. Commissioner Sanchez: Is there a representative? Chairman Gonzalez: I think the gentleman is -- yes, sir. Good morning. Aurelio Fernandez de Castro: Thank you. Chairman Gonzales: Welcome. Mr. Fernandez de Castro: On behalf of Mr. Ivan Hernandez -- City of Miami Page 14 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: We need you to speak on the microphone. We need your name and address for the record. Mr. Fernandez de Castro: On behalf of Mr. Ivan Hernandez, director of the Cuban Municipalities Corporation Fair, we are requesting from all of you -- Chairman Gonzalez: We need -- excuse me. We need your name and your address. Mr. Fernandez de Castro: My name is Aurelio Fernandez de Castro. Chairman Gonzalez: OK, and your address? Mr. Fernandez de Castro: El Presidente de Municipio de Regla en el Exilio. Chairman Gonzalez: Your address. Mr. Fernandez de Castro: I represent Mr. Ivan Hernandez in this case requesting the same thing from the City in our fair. Chairman Gonzalez: Necesitamos su direccitn. We need your address. Mr. Fernandez de Castro: 8895 Fountainbleau Boulevard apartment 410, Miami, Florida 33172. Chairman Gonzalez: Thank you. Go ahead now. Mr. Fernandez de Castro: OK. Well, excuse me, Mr. Chairman, just I am representing Mr. Ivan Hernandez, requesting from all of you the same deal that we have from previous years in the Municipality Cuban Fair that we celebrate in the dog track area. We anticipate the thanks because we know that all of you cooperate always with our fair. Thanks very much. Commissioner Sanchez: Mr. Chairman, 1 would move the item. Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: OK. We have a motion and we have a second, and the gentleman referred to obtain the same deal as prior years. Let's clarify the deal that's he's talking about for the record is a waiver of the date of this fair, so we have a motion and we have a second. Vice Chairman Winton: A what? It's a waiver of what? Commissioner Regalado: It's a waiver of the days that they can hold event. It's not about -- Vice Chairman Winton: Oh, I got it. Yeah, yeah, yeah. Commissioner Regalado: --fees or anything. Commissioner Sanchez: We've done it in the past years, every year. Chairman Gonzalez: That's right. Commissioner Regalado: It's just that they -- City of Miami Page 15 Printed on 316/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: All right. Commissioner Regalado: -- cannot -- in the racetrack or dog track, they cannot do so many, and they need a waiver of three days for event, so this is what they're asking, and this is what they get every year. Chairman Gonzalez: Right. All right. The record is clear, and we have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. 1 think -- it's 10:27. I think that we may be able to take a couple of more items before going to the time certain. D2, Commissioner Winton, do you have anything? Jorge L. Fernandez (City Attorney): No. Vice Chairman Winton: Let's see. I don't remember. Chairman Gonzalez: 1 don't think so. No, you don't. In your blue pages -- Vice Chairman Winton: I don't have anything. Chairman Gonzalez: All right. City of Miami Page 16 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 06-00150 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2005 DOLLAR WISE CAPACITY GRANTS PROGRAM," AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT OF $20,000, CONSISTING OF A GRANT AWARD RECEIVED FROM THE UNITED STATES CONFERENCE OF MAYORS, TO EXPAND THE FINANCIAL LITERACY EDUCATION CAMPAIGN SPEARHEADED THROUGH THE ACCESS MIAMI INITIATIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 06-00150 Legislation.pdf 06-00150 Letter.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0072 Chairman Gonzalez: Now 1 would like to call the Mayor. I believe the Mayor has a couple of items. Mr. Mayor, you're recognized, sir, M2. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. These will be fairly quick. First, a -- I need an approval of the grant that is referred to in M1. This is something that we're very happy with. As all of you know, when we started our anti poverty campaign, which is now called Access Miami, several years ago, one fundamental part of that whole program was the issue offinancial literacy for our residents. This particular grant that we are receiving today and I'm asking for your approval is one that was awarded at the last meeting of the US (United States) Conference of Mayors in Washington, where our financial literacy program -- working, by the way, in conjunction with Miami -Dade School System -- was awarded as the best program in the country. Commissioner Sanchez: So moved -- Vice Chairman Winton: Second. Commissioner Spence -Jones: Second. Commissioner Sanchez: -- to accept the grant. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Mayor Diaz: Thank you. City of Miami Page 17 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 M.2 06-00184 DISCUSSION ITEM DISCUSION CONCERNING AN UPDATE FROM DR. CREW AND CHAIRMAN BARRERA REGARDING THE EDUCATION COMPACT. 06-00184 Memo.pdf DISCUSSED Mayor Manuel A. Diaz: And the second item is a sort of segue into that. As all of you know, we announced a few months ago that we were going to have regular exchanges between the school system and the City of Miami as part of our education compact. I have addressed the School Board in the past. We've had Chairman Agustin Barrera and Superintendent Rudy Crew before us here, and they're here again today to give all of you an update on where we are with the education compact. Agustin Barrera: Agustin Barrera, 1415 Northeast 2nd Avenue. Good morning, Mr. Chairman - Chairman Gonzalez: Morning. Mr. Barrera: -- Vice Chairman, Commissioners, and Mr. Manager. Gives me a great pleasure to be here again to talk on such a great topic, the education compact. That's just one of the many great things that are happening in our community. The parent academy, as you all know and read, has been an incredible success in this community, and it's just one of the many things we're doing. I think so far this year we've awarded $600 million in construction contracts for new schools. I think that's probably a record in all the things that have happened in Dade County. This is part of our regular meetings where we're going to come and share with you all of the things that are happening in the schools, especially the schools within the City of Miami, and as a result of this compact, we are now entering into discussions with Miami -Dade County for schools in unincorporated Dade County, and also with the city of Coral Gables to enter into similar compacts, so this has been a model that 1 think has been an extremely successful model that we're hoping to carry out in other communities in the city for the benefit of the students in the community, and at this point, 1'd like to introduce Dr. Crew to go ahead and give you a briefing on that. Thank you very much. Rudy Crew: Good morning. Thank -- Chairman Gonzalez: Morning. Mr. Crew: -- you very much, Commissioners, Mr. Manager. It gives me a great deal of pleasure to sort of fill out the bill of particulars that has come about by way of this association between the City of Miami, Mayor Diaz, our school board, and myself. We have decided as a -- almost as a natural way of being able to do business that it just makes more sense for us to think about the building of Miami as a city and the building of a public school system; that they really do work coterminously, and to that extent, the work that our staffs have been involved in is the work of literally sort of putting programs and initiatives together that actually aid the cause of improving both the City's work but also the work of a public school system. We have, to that end, entered into many, many agreements and many program initiatives, some of which I'll mention here. 1 won't go through them all, but suffice it to say, they are exciting and I think very provocative and will give our parents and our -- parents that are here and the parents that hopefully will be coming back to the system an opportunity to see that this is a system well worth placing their children in. One of the things that we had been very concerned about, and I think Board Chair Barrerojust indicated it, was the nature and the need for building of new schools, and the question was how do we actually make capital improvements in the school system become sort of not just something we do in volume and in numbers, but in substance for children. We have a -- Miami-Dade -- as a part of the compact, Miami -Dade Young Women's Academy that we are in City of Miami Page 18 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 the process of planning. This will be a program that essentially would be for middle school through high school students who, as young women, would be interested in pursuing, in many cases, a similar career, but in all cases would be a very structured academic rigorous program. We also have, as a part of the compact, entered into a conservation where we are going to, for the City of Miami, be building essentially a relationship with the Police Department to put in place in our schools a police academy, essentially; a training program for young men and young women who, by virtue of their service and participation and knowledge and interest, would aspire to be exactly as this gentleman was who was just honored a moment ago, one of Miami's finest, and our hope is that we'll be bringing back, both to our respect -- to my board, and ultimately, to the City -- to the Commission, an opportunity to see what that program really would look like. We have already started some of those conversations at many of our schools. Each of our high schools right now is in the process of planning for some form of a career program or a career academy, an internship program going into next year. Through the work of my able and very, very talented associate superintendent, Alberto Carvalho, we have been able to secure some funding from the federal government for the purpose of being able to outfit the -- about 12 to 15 of our high schools already going into next year where we'll fund those plans for the purpose of being able to put these internships in place. One of the things that we're really excited about has been the idea, through joint use of our city parks, to create additional classroom space in some of the facilities as a part of the museums, the science museum and the art museum, and I underscore the fact that this is to use the existing facilities for the purpose of being able to implement this kind of a program. This is not about adding additional facility or buildings to existing space. It's about joint use of it -- of that space. It was mentioned that we have a parent academy. This parent academy actually has had tremendous support from our community. We have well over 10,000 participants that have gone through it already, and that's just since it began this last year. Mostly, our focus there is to be able to make it possible for our parents and our community to use the system knowledgeably, to understand how it works, and not necessarily just the public school system, but the city system as well, and to that encL the parent academy work has been absolutely extraordinary, and again, our two staffs have really underwritten the building of that parent academy. I'll close on one other note, given that there are so many more 1 could speak to, but there are ones that I think I want to just sort of point out. The Knight Foundation has awarded the school system a grant of $500, 000 over the next three years to provide parent academy services in some of our communities that have the greatest need for knowing how to make this education system work for them. Those would include Little Haiti, East Little Havana, and Liberty City, and so we view ourselves now as not necessarily just being in the education business; that is, to say teaching people to read and write, but really in the education service delivery business so that what we offer to the City of Miami, to its residents, to its parents is essentially an educational service, and that service is made available through this compact to both our students, as well as to the parents and the community at -large in great numbers. I want to take this moment to thank you, Commissioner Spence -Jones, for the work that you had done in bringing the program -- the Black Archives to the Lyric Theater the other day. We think that that's the kind of experience that our young people, and frankly, our teachers could benefit from in being able to support the existing academic programs, and frankly, make it very rich for our kids. Thank you very, very much. That concludes our report. Chairman Gonzalez: Thank you. Applause. Mr. Barrera: Entertain any questions. Vice Chairman Winton: Mr. Superintendent, the City of Miami, as you know, is going through an incredible growth spurt that I think will continue for at least the next six years. Could you give us an update in terms of how you're thinking about dealing with that real growth spurt in population here in the City of Miami, as it relates to schools? City of Miami Page 19 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Mr. Crew: Thank you, Commissioner Winton. I feel as though the growth of Miami, the movement and the shift of families coming into Miami is actually, as you say, going to happen more and more, partly as a function of the growth of the schools -- I mean, partly as growth of the homes in this area and the condominiums and so forth, but also just because 1 think there are more people moving back into the city, and the issue is where will they put their children. The reason that this compact has such tremendous value and longevity connected to it is that we view the need for attracting, not just simply being -- sort of defensively responsive to that growth, but really offensively attracting people back to the City of Miami, and so we have put together the kind of programs that we think parents would want to place their children in while they are, in some cases, commuting to the city; in other cases, actually living right in the city, and as those numbers grow, we have to have seats for them, so we're ahead of the curve in what we think of as the growth spurt that is going to happen in Miami, and frankly, even in the expansion in Miami -Dade as a county. We think that we've got, through our capital plan, enough money to build out straight through the year -- to about '07. As I said, we put about -- it was pointed out we've put a little over a half a billion dollars on the market already just in the building of new schools. We think we've got enough money to sort of push that out for another year, and then we're going to have to have another conversation about how to keep up with this expansion that's happening in the County, but for us the question is not necessarily just what numbers and where, but what's the quality of the schooling experience that our kids will have, and that's why internships -- that's why the variety of new programs, like young women's. academy -- we're having a similar situation with a young man's academy that we'll be building upon as a model, and each of those are timed and built within the capital plan already. Vice Chairman Winton: 1'd like -- I've got to say that, you know, it was probably just as short as two or three years ago when I said many times both in public forums, to the media, and to our state legislature that I was 100 percent in favor of and backing anybody who would help me blow up the Miami -Dade County Public School System and create multiple districts because we were so dissatisfied with what was happening with our schools in the City of Miami, and 1 will tell you on the record in front of everyone that I couldn't be more pleased with your leadership and the things that are going on in our public schools here in the City of Miami, and 1 want to thank you. I think you're doing -- Mr. Crew: Thank you, sir. Vice Chairman Winton: -- a great job. Mr. Crew: Thank you very, very much. I appreciate that. Applause. Chairman Gonzalez: Thank you. Mr. Crew: Other comments or questions? Commissioner Spence -Jones: Yeah. I just had a couple comments. First of all, I want to commend the Mayor's Office, the School Board, and the Chairman for this partnership. I think that this has been missing for a very long time in the City of Miami, that partnership to really improve the lives of young people throughout our city. 1 have had the opportunity, over the last month or so, to visit a couple of the schools because in my office we're adopting a few of your schools, Orchard Villa being one, Shadowlawn. We were just there this week. We're adopting them, and I think that cities play a vital role in what happens to our young people. As you know, most of the schools in my district are, you know, zone schools -- Mr. Crew: Right. City of Miami Page 20 Printed on 316/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Spence -Jones: -- so it's imperative that I work closely with your office to help improve the conditions of those neighborhoods and those students. I just had two things that 1 wanted to quickly ask you about. The first thing is, if there's a person --1'd like to -- for you to identifi, an individual that can maybe perhaps work along with us in District 5. If you can help me identify a person so my staff can work hand -in -hand with them and Lisa out of the Mayor's office, which is fine, to make sure some of these projects that we're working on, they actually get through the system, so -- Mr. Crew: That person would be Alberto Carvalho from my office. Commissioner Spence -Jones: Great, so I'll make sure we get that before you leave, and then also, one of the things that 1 noticed in touring all of my areas, a lot of the surrounding -- a lot of the areas surrounding the schools, you guys own a lot of property, and sometimes it's only -- most of the time it's only really used for students during the day, but it's a lot of green space -- Mr. Crew: Right. Commissioner Spence -Jones: -- and one of the things I would like to do is maybe perhaps partner with you also to open up that green space so that the local residents -- because we don't have enough green space -- Mr. Crew: Right. Commissioner Spence -Jones: -- as you know -- Mr. Crew: Right, right. Commissioner Spence -Jones: -- for everything from health and wellness trails or courses, just so that people will begin to use -- utilize the space and it won't, you know, be closed after school or during the weekend, so 1 would definitely like to work along with your staffer on that. Mr. Crew: Thank you. We'll be happy to do that. Commissioner Spence -Jones: All right. Thank you. Mr. Crew: Thank you very much. Chairman Gonzalez: Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Superintendent, pleasure to see you. Enjoyed seeing you at the "In Motion" event. Mr. Crew: Yes. Commissioner Sanchez: Let me just take the opportunity -- I think this is a step in the right direction. One of the biggest problems that 1 think that we lack -- and there's an old saying that says it takes a village to raise a child. Well, it takes a village to educate a child -- Mr. Crew: Right. Commissioner Sanchez: -- all the way from the parents to the family members to government to make sure that they are able to succeed and make sure that they get a good education. The step in the right direction which I'm referring to is that in the past we never had this type of communication between the School Board and the local governments as to the regional problems that exist. A couple of years ago, we tried putting together the chairs. You remember the City of Miami Page 21 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 different chairs? We had your chair from the School Board from the City, from Hialeah -- different cities to get together to have a little -- maybe once a month sit down and focus on the issues that affected us all because there were many, many issues that affected us, and 1 would like to continue to have that, to have that communication open to focus on our schools. On that note, let me just say that education is an issue that -- it's your primary issue, but it's a very important issue to all of us, and I'll give you a perfect -- Mr. Crew: Right. Commissioner Sanchez: -- example. Miami High, which I graduated from Miami High, and I'm proud to say that I'm a Stinger Ray, the -- although the Mayor took a cheap shot earlier today, but he went to (UNINTELLIGIBLE), it's OK. At least I'm not working for him. Miami High right now, when I walk around and 1 have meetings, the parents and the residents there are very, very concerned about the look of the school. It is a beautiful school. It is one of the most beautiful schools in Dade County, and the school in itself really needs to be painted. I continue to have meetings with them. I would like to encourage you to see if you could provide some type of report to us. It's a shame that that school is in those conditions that it is today, and 1 would implore you and ask you, I'll even work with you to try to get that school looking how it should look, and it should be one of the icon schools in South Florida. Mr. Crew: If I may, just by way of response, the -- you're absolutely right, and plans are already underway for the redesign of Miami High, the expansion of it. The actual plans for that redesign, I believe, come not this board meeting but the board meeting in March, so we'd be happy to get information to you as to what that expansion and what that redesign will look like. It's a major overhaul of that school. You're absolutely right. It's a fabulous facility, Our chief person in charge of that is a woman who worked with me in New York, a woman by the name of Rose Diamond. I'd be happy to have her talk directly with you so you can have a sense of exactly what the elements of that redesign will include, but we couldn't be happier with your comments because we actually believe exactly what you're saying is true. Commissioner Sanchez: And 1 really appreciate this. 1 appreciate the opportunity to talk to you and the representative of my district from the School Board because when they come to me, I don't have all the answers, and therefore, I have to look for those answers and provide them those answers, so it'll be great if we could have a meeting and you could provide me with the correct answer so I could give my constituents -- Mr. Crew: We'd be happy to. Commissioner Sanchez: -- that answer, and they're all asking when it's going to be done because the last time that we had the principal here, Victor Lopez, he gave us a date, but we -- you know, he didn't have all the answers to that. Mr. Barrera: I'm also a proud alumni of Miami High, great school. Since I was first elected, that was one of my priorities was basically to bring the school to what it once was. 1 mean, it was -- it's a historic, proud building for this whole community, and when I was first elected, that was a goal, but like Commissioner Winton says, the processes that we had in place, nothing was happening; it was a struggle, you know. We are moving forward On February 22, we'll contact your office. I'm doing a walkthrough with the PTSA (Parent Teacher Student Association) and PTA (Parent Teacher Association) of that school. I've been going to the school pushing that agenda. It's been my personal agenda to get that school back to where it was, not just on the physical components, but also on the educational components because Miami High, just like all schools, really need to focus on those issues, so we'll let you know. If you can make it on that day, I'm going to be taking a tour, but in addition to that, 1 will call your office and we'll show you what is being proposed for the renovations there. City of Miami Page 22 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Sanchez: Thank you and I look forward to that tour. Thank you. Mr. Crew: If I may, just by -- for one clarification. Just so you'll know, the actual dollar allocation for this project is somewhere in the range of about $70 million, so there's money on the table to do this, and exactly what Commissioner Winton just talked about is where we're -- is what we're trying to basically do, which is to say this civil -- this school system can perform, and the AP (Advanced Placement) example that was in today's editorial, I guess, in the paper, and the conversation about the number of Hispanics throughout the County, number of minority students overall beating the odds in virtually -- in taking of AP classes in Miami -Dade as opposed to other cities and schools throughout the rest of the country, that ought to happen on the regular, and fixing a venerable institution such as the one both you and the Chair went to so that it goes back to its previous state of glory is also a part of our overall thrust here, so we've got it to do in Miami. We've got it to do in, you know, Homestead, in Liberty City, and all around this county, but what we like about the compact with the Mayor, frankly, and the work that we're doing in other municipalities is that there are people who are energized to help collaborate and be a partner in making this happen, so we're holding everybody's feet to a fire; most of all, our own. Vice Chairman Winton: Great. Unidentified Speaker: Thank you. Mr. Crew: Thank you. Chairman Gonzalez: Thank you. DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON DISTRICT 3 COMMISSIONER JOE SANCHEZ D3.1 06-00158 DISCUSSION ITEM DISCUSSION REGARDING A RESOLUTION IN SUPPORT OF THE FLORIDA LEAGUE OF CITIES LEGISLATIVE PRIORITIES FOR THE 2006 SESSION. 06-00158 Email.pdf DISCUSSED Discussion on Item D3.1 resulted in the resolution below: (D3.1) 06-00158a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR JEB BUSH AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT CERTAIN ISSUES THAT ARE ESSENTIAL TO THE HEALTH AND WELFARE OF FLORIDA MUNICIPALITIES AND THEIR RESIDENTS, AS City of Miami Page 23 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 STATED HEREIN, DURING THE 2006 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN. Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0103 Chairman Gonzalez: D3, D3.1, Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. As the representative of the Florida League of Cities, every year they consult with the cities as to what the priorities are, and basically, we pass a resolution supporting what their priorities are and what benefits the cities. I have outlined some of the benefits that pertain to this resolution in support of the Florida League of Cities as they lobby on behalf of cities throughout the state. Just to focus on some of the things, to preserve dedication funding for local affordable housing program, which continues to be our priority as well as preserve municipal autonomy and protect the fundamental rights of volunteer self-government, and provide an accomplishment of uniform workers' compensation system, so these are things that the Florida League of Cities is basically lobbying on behalf of cities in the state. Basically, it's just a resolution of support for the Florida League of Cities as your representative, so therefore, I would respectfully request that we approve this resolution of support. Vice Chairman Winton: Moved with discussion. Chairman Gonzalez: OK. We have a motion. Who made the motion? Commissioner Sanchez? Commissioner Sanchez: I made the motion. Chairman Gonzalez: It's your motion. Vice Chairman Winton: I second. Chairman Gonzalez: Second by Commissioner Winton. Discussion. Commissioner Winton, you're recognized. Vice Chairman Winton: And Commissioner Sanchez, the --1 think we've talked about this here before, but the issue is the Sadowski Act. The Sadowski Act is the act that has created an affordable housing trust fund in Tallahassee, and those funds come back to local cities to developers to help offset the cost of development to create affordable housing, and that fund -- every time we do a real estate transaction, we pay a certain amount of money into that fund, and it's statewide. The Florida Legislature last year passed a bill -- and I don't remember the numbers here, but they passed a bill whereby, in 2007, they've decided that -- Commissioner Sanchez: They're going to keep the money. Vice Chairman Winton: -- for the sake of conversation, let's say statewide the fund collects $500 million. They passed a bill to cap the amount of money that's distributed for affordable housing statewide to 250 million, while they're collecting 500 million, and the other 250 million is going to go to the general fund. It isn't -- it is -- they're not reducing the tax or the fee that we pay. They're not sending grants back to local municipal government so they can deal with housing. They're -- I can't say that on pub -- they're pouring the money into the general fund, and that is wrong, wrong, and wrong, and if we have any number one priority, it is to reverse that course, and if they're hell-bent on capping the amount that they're going to distribute, then take the other City of Miami Page 24 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 250 million and send it back to us, and we'll figure out how to use it for affordable housing, but under no circumstance should they take one dime of that money and put it in the general fund, and I -- so it's -- we talk about a housing crisis in the state. It's in the newspaper everyday. Everybody talks about it. The Beacon Council was talking about it the other day and how -- what a crisis it is, and our Florida Legislature's going in the wrong direction. We have to fix that. Commissioner Sanchez: May 1? Vice Chairman Winton: Yes, sir. Commissioner Sanchez: We have had this discussion under the sunshine in meetings that you've stated that this has always been your concern. Let me assure you, the Florida League of City [sic] is on your side on that because they make the same argument -- cities, when we have our meetings, make the same argument; that they're being left out. As a matter of fact, in my notes here I just want to read something. One of the things that it provides for the support of this resolution -- it provides a dedicated and recurring revenue source for municipal transportation project and community redevelopment and urban revitalization, so it's about getting our fair share because cities think they're not getting their fair share on that, so basically, when we approve this resolution, I could assure you that the Florida League of Cities is on our side in that argument in Tallahassee. Vice Chairman Winton: Good. Thank you. Chairman Gonzalez: All right. We have a motion and we have a second Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. D -- Commissioner Sanchez: Could we have the Legal Department prepare that resolution? Jorge L. Fernandez (City Attorney): Yes, we will. Commissioner Sanchez: Thank you. Mr. Fernandez: You bet. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 06-00094 DISCUSSION ITEM DISCUSSION ABOUT THE PROPOSED PLACEMENT AND RENDERINGS OF THE CUBAN MUSEUM PROJECT AT ROBERT KING HIGH PARK. 06-00094 Memo .pdf 06-00094 Submittal Proposal.pdf MOTION A motion was made by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed unanimously, with Vice Chairman Winton absent, to begin the process of placement of a Cuban musuem in Robert King High Park, fronting Flagler Street, with Miami -Dade County and the Cuban Musuem; further, to analyze the capital improvement plan for the impact on other City of Miami Page 25 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 projects in the area and for any changes required for the placement of the Cuban Museum in Robert King High Park. Chairman Gonzalez: All right. D4.1, Commissioner Regalado, you're recognized sir. Commissioner Regalado: Thank you very much, Mr. Chairman. This is an item that was deferred from the last Commission meeting. It's the discussion regarding the placement of the Cuban Museum project at Robert King High Park, and since this deferral, the representative from the museum met with chief of Operation, Alicia Cuervo Schreiber, and Mr. Diego Suarez met with the Mayor, and what basically we are trying to do -- the Cuban Museum project already has the $10 million allocated by the GOB (General Obligation Bond) bond of the County, and they have the renderings on the museum to be built as a 10,000 square feet building fronting Flagler Street in Robert King High. The City has done several things, and of the things that the City has come up is that there are no deed restrictions that would prevent the sitting of the Cuban Museum in Robert King High. That was an issue that because of that issue, it was deferred some time ago, and there are capital improvement plan in the park that could conflict with the placement of the museum on -- fronting Flagler, so we have here the architect, but 1 think that Alicia, if you can give us an overview if we can understand that the museum and the capital improvement for the program can coexist, both fronting Flagler. The only request that they have made is that the museum will be fronting Flagler, either one side or another side, so it will not be in a direct conflict with the planned capital improvement, and 1 hope that you feel better. Alicia Cuervo Schreiber (Chief of Operations): Thank you, Commissioner. Chairman Gonzalez: Good morning, Alicia. Ms. Cuervo Schreiber: Good morning. Alicia Cuervo Schreiber, chief of Operations for the City of Miami. Commissioners, I handed out for you the backup information and required direction that we would need for you today if we were to proceed with the Robert King High museum project. In the rendering on the second page, you will see that where the Commissioner has highlighted would impact a ball field that would have to be reworked or possibly relocated. Again, as the Commissioner said, there were no deed restrictions, and physically, the museum could go in the park. We would have to enter into some agreements with the County, and if we were to move in any way the capital improvements that we're doing now, we'd have to go before Homeland Defense, and some monies have been incurred. Commissioner Regalado: So, Mr. Chairman, I don't know if you want to hear from the architect or if you want me just to make a motion directing the Administration to start the process with Miami -Dade County and the Cuban Museum for the placement of the museum in Robert King High Park, fronting Flagler. It doesn't -- it's up to Alicia and her team to decide which way go -- the less of the impact to the already planned capital improvement projects, the better, and so I would -- the resolution would also include a -- the direction to the Administration to analyze the actual plans of capital improvement and the movement of the baseball court or anything, and we have the architect and we have Mr. Diego Suarez here and all the representatives of the museum, but in trying to save time to the Chairman, I will move the resolution, unless you want to hear from the museum. Chairman Gonzalez: No. It's all right. My -- you know. It is your -- it is a park in your district. It's your district, so 1 think that whatever you want to happen in that park, just come up with your resolution and take it up for a vote. Commissioner Regalado: So, I move that we direct the Administration to start the process with Miami -Dade County and the Cuban Museum; also, to analyze the planned capital improvement for any changes that need to be made for the placement of the Cuban Museum in Robert King City of Miami Page 26 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 High, fronting Flagler Street. That is my motion. Chairman Gonzales: All right. There is a motion. Do we have a second? Commissioner Sanchez: Second, for the purpose of discussion. Chairman Gonzalez: Second. Discussion. You're recognized, Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. I praise the Commissioner for going out of his way to find a site for this museum, which will be an (UNINTELLIGIBLE) part of our community. I have stated very frankly before that 1 do believe that the City has to possibly go out of the way to try to better -- to find a better site for the museum. We tried finding a site on 27th Avenue and 3rd. We put different organizations together; hopefully, that they would all work together to put together a good museum, which community representation. It was a good site. I don't know what happened; the dealings and negotiations between the organizations. There wasn't an agreement, but 1 do think there may be other possible sites, and I'm willing to support your resolution because I think it's a step in the right direction to find a site for them to make sure they don't lose their funding in the County. However, while this is going on, if for whatever reason we're able to find another site closer to the City, in the City, in the heart of the City, somewhere in Little Havana, where that museum should be, then I would entertain and hopefully that you would consider possibly, if the site's ideal, that we could negotiate with them to bring them closer to the City, but having said that for the record, I just wanted you to know where 1 stand on the issue. I'm very support -- I want to make sure that they do find a site because I know that time is running out because of the fundings in the County, but once again, 'just want to state that if a better site comes along, 1 hope that you're open-minded about that new site, if it does come along, so -- Commissioner Regalado: Well, 1 have to say that it was Commissioner Joe Sanchez who started the process to house the Cuban Museum first. He -- in his district, he looked for a place, like he mentioned. It didn't work because of --1 guess of lack of space or parking. Then Commissioner Sanchez proposed to use part of the office of the City NET (Neighborhood Enhancement Team) Office, which was originally the Cuban Museum, but it didn't work either, so when these projects that Commissioner Sanchez pushed for month and month failed because of several reasons, they went out and looked for a site, and they realized that that park would be the ideal place for them for several reasons. Number one, because of the location. Although it's west of the City, it has the biggest traffic that one can hope, Flagler near the Palmetto. It has all the elements to reach the museum, either from the Palmetto, 826, Dolphin Expressway, Flagler, Southwest 8th Street, Coral Way, and the most important, the location is on an area of the City of Miami where 98 percent of the residents are Cuban -Americans. The West Flagami area, according to the census tract, is the most heavily Cuban -American populated area, and 1 would tell you that they have come up with the spectacular small, self-contained building. This will not cost a penny to the City, and we will have something west of the City that we can be proud of and I really thank you for your support, and so I move this resolution of accepting the plans of the Cuban Museum; directing the Administration to start the process with the Cuban Museum, Miami -Dade County, for the placement fronting Flagler. This is part of the resolution of the Cuban Museum, and analyzing the impact to any other projects in the area. I move, Mr. Chairman. Commissioner Sanchez: Call the question. Chairman Gonzalez:. All right. Any further discussion? No? Call the question. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: You said "aye?" City of Miami Page 27 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2008 Commissioner Sanchez: Aye. Chairman Gonzalez:: OK Motion carries. Commissioner Regalado: Thank you very much, Mr. Chairman. Congratulations, and I hope that -- and I know that well be very proud to have the Cuban Museum in our city. Chairman Gonzalez.: All right. D5 -- Raul Rodriguez: For the record, I just want to say thank you. Chairman Gonzalez: Oh, I'm sorry. Mr. Rodriguez: I'm Raul Rodriguez -- Chairman Gonzalez: Yes, sir. Mr. Rodriguez: -- with offices at 2100 Ponce De Leon Boulevard. I'm the architect for the museum in name of Dr. Ofelia Tabares Fernandez, and the entire board, I thank you for your support. Thank you very much -- Chairman Gonzalez: Thank you. Mr. Rodriguez: -- and thank you, Mr. Manager. Chairman Gonzalez: Thank you. DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES D5.1 06-00181 DISCUSSION ITEM DISCUSSION RELATED TO NEIGHBORHOOD ASSOCIATIONS BEING NOTIFIED OF ALL ZONING AND PLANNING ACTIONS TO THE SAME DEGREE THAT AFFECTED NEIGHBORS ARE PRESENTLY NOTIFIED OF THE CITY'S ACTIONS RELATED TO STREET CLOSURES, ALLEY CLOSURES, PERMIT APPLICATIONS, APPLICATIONS FOR VARIANCES, AN ALL SIMILAR MATTERS THAT FALL WITHIN THE BOUNDARIES OF THEIR NEIGHBORHOOD ASSOCIATION, WITH THE PROVISO THAT THE NEIGHBORHOOD ASSOCIATIONS BE REQUIRED TO REGISTER WITH THE CITY GIVING CONTACT INFORMATION AND THE GEOGRAPHICAL BOUNDARIES THEY SERVE. 06-00181 Email.pdf DISCUSSED Direction to the City Attorney by Commissioner Spence -Jones to provide alternatives, within the next 90 days, to better communicate with hard -to -reach communities in District 5 regarding large-scale projects. Chairman Gonzalez: All right. D5.1, Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. Basically, on D5.1 -- most of my questions were -- Mr. Chair, have been answered, but what I would like to do -- I would like to -- at least answered by City of Mianri Page 28 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 the Administration. I would like to direct the City Attorney, however, to provide me with some possible alternatives to better reach the hard -to -reach communities in my district, especially for the large-scale projects that are happening, so if I could have that from you maybe perhaps in the next 90 days -- Jorge L. Fernandez (City Attorney): Correct. Commissioner Spence -Jones: -- of doing that, that would be greatly appreciated. D5.2 06-00182 DISCUSSION ITEM DISCUSSION RELATED TO A DIRECTION TO THE CITY MANAGER REQUIRING THE PLANNING DEPARTMENT TO COORDINATE WITH THE CIP AND THE AD HOC COMMITTEE CREATED BY THE CRA ON JANUARY 30, 2006 SO THAT THE AD HOC COMMITTEE CAN PROVIDE THE CITY OF MIAMI WITH RECOMMENDATIONS REGARDING STREETSCAPE AND BEAUTIFICATION FOR THE THIRD AVENUE ROADWAY IMPROVEMENT PROJECT. FURTHER, ON SATURDAY, JANUARY 28, AN INFORMAL STAKE HOLDER'S ASSEMBLAGE WAS CREATED AND CHARGED WITH THE TASK OF ACTING AS A THINK TANK FOR THE IMPROVEMENT OF THE FOLKLIFE VILLAGE DISTRICT WHICH IS BOUNDED BY NW 8 AND 11 STREETS AND NW 2 AND 3 AVENUES. THE CITY MANAGER SHOULD DIRECT THE PLANNING DEPARTMENT AND THE CRA AD HOC ADVISORY COMMITTEE TO WORK WITH THE STAKE HOLDER'S ASSEMBLAGE AS THE STAKE HOLDER'S ASSEMBLAGE DEVELOPS AN OVERALL STRATEGY FOR THE FOLKLIFE VILLAGE DISTRICT WHICH IS BOUNDED BY NW 8 AND 11 STREETS AND NW 2 AND 3 AVENUES. 06-00182 Email.pdf DISCUSSED Direction to the City Manager by Commissioner Spence -Jones to identify a Planning staff member to work with the Overtown ad hoc committee, area stakeholders, Community Redevelopment Agency, and the City of Miami Capital Improvements Department to create an overall plan for the Overtown Folk Life Village District, located between 8th and 11 th Streets and Northwest 2nd and 3rd Avenues. Commissioner Spence -Jones: So on D5.2? Chairman Gonzalez: D5.2. Commissioner Spence -Jones: Just discussion items. Regarding this -- these are actually two separate items. It's combined in one, but it's actually two. Basically, the only thing that I really want to have happen with this is to direct the City Manager to identi a staffer from Planning to work with the Overtown ad hoc committee that we just created, the stakeholders, CRA (Community Redevelopment Agency), and also CIP (Capital Improvements Program) to create one overall plan for the Overtown Folk Life Village District, which we -- we're now just establishing, which is between 8th and I th Street, Northwest 2nd Avenue and 3rd, and Mr. Chairman, if you don't mind, I have at least one or two representatives from the stakeholders that we've pulled together. I'd like them to at least speak on behalf of this partnership that we're trying to create for the district. I believe we have Dr. Fields from the Black Archives, and a member of BAME (Bethel African Methodist Episcopal), which is also here, but if Dorothy could just speak, I would greatly -- Chairman Gonzalez: Sure. City of Miami Page 29 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Spence -Jones: -- appreciate it. Chairman Gonzalez: Good morning. You're welcome. Dorothy Jenkins Fields: Good morning. Chairman Gonzalez: Your name and address for the record, please. Ms. Jenkins Fields: Dr. Dorothy Jenkins Fields, office at 819 Northwest 2nd Avenue, which of course is the Lyric Theater, and if you have not been to the exhibit, we would certainly encourage you to come, and we appreciate the support that we've gotten from the City of Miami and the CRA, and especially Commissioner Spence -Jones. It's really a wonderful exhibit for the entire community, and we want you to be a part of it. The Folk Life Village is an idea that we have had for several decades and its time has come. It's a mixed -use development, and the model really is the Latin Quarter. As you have seen that develop, you can imagine the -- a mixed -use and a commercial area for the literary, visual, and performing arts, so that in addition to retail, we will have lofts and we will have studios for individuals in the literary, visual, performing, and culinary arts because we did have a Red Velvet Cake Festival the other day, and we know that food is very important in our cultures, so this is an important area from 2nd Avenue to 3rd Avenue, from 8th Street to 11 th Street. That was the -- historically, the "Little Broadway" area where the celebrities would come, and it needs to be a critical mass so that while the high-rises and the condos are being developed on the perimeter of the area, that there will be goods and services; that there will be entertainment; that there will be the kinds of things that are needed in order to support the condos and the other properties, housing that is being developed, and so we would encourage this. We actually need to get started, and it was Commissioner Spence -Jones who has called the stakeholders together, and we are happy for that. In the past, we have not had that kind of support, that direct support, and so we thank her again for that, and we ask your support in beginning to actually plan with the City on this important project. Thank you. Chairman Gonzalez: All right. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Thank you, ma'am. Commissioner Spence -Jones: Thank you, Dr. Fields, so Mr. -- Chairman Gonzalez: Anybody else? Commissioner Spence -Jones: -- Chairman -- yeah. !'m done on that. I'm going to move on to -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- D5 -- Thank you, Dr. Fields and the whole stakeholders from Overtown. I'm really, really excited that we're moving in the direction of changing some of the things that are going on in Overtown. D5.3 06-00183 DISCUSSION ITEM DISCUSSION RELATED TO FUNDING THE CIP SO THAT FUNDS ARE DIRECTED TO THE PLANNING DEPARTMENT TO ENABLE IT TO GO FORWARD WITH ITS HISTORIC DESIGNATION STUDY. THIS STUDY SHALL FOCUS ON MOVING FORWARD TO DESIGNATE THE FOLLOWING AS HISTORIC SITES: HISTORIC MT. ZION BAPTIST CHURCH, MASJID MOSQUE, LEMON CITY LIBRARY, AND THE LITTLE HAITI MARKETPLACE. City of Miami Page 30 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 FURTHER, HISTORIC PRESERVATION DEPARTMENT IS REQUESTED TO IDENTIFY A SITE IN THE WYNWOOD DISTRICT WHICH IS SUITABLE FOR DESIGNATION AS A HISTORIC SITE. THIS SITE SHALL BE AMENABLE TO USE AS A PUBLIC PLACE. 06-00183 Email.pdf DISCUSSED Direction to the City Manager by Commissioner Spence -Jones to work with the Masjid Mosque, Lemon City Library, and the Masonic Lodge to help assist these sites in achieving historic designation. Chairman Gonzalez: D5.3 Commissioner Regalado: But we need to vote on -- Commissioner Sanchez: No. It's -- Commissioner Spence -Jones: Oh, it's a -- Chairman Gonzalez: No. Commissioner Sanchez: -- discussion item. Commissioner Spence -Jones: -- discussion. Chairman Gonzalez: It was a discussion -- Commissioner Regalado: Discussion, OK. Chairman Gonzalez: -- item. Commissioner Spence -Jones: Yeah. Chairman Gonzalez: D5.3. Commissioner Spence -Jones: D5.3 is -- most of my questions have been answered by the staff regarding this. I guess Miami 21 is dealing with the issues for all the historic sites throughout the City, but I just want to put on record three sites that should fall top on my list in my district; one is the Masjid mosque, Lemon City Library, and the Masonic Lodge, so 1 would like to direct the City Manager to have someone work along with these three groups to make sure that those sites are designated as soon as possible, and I have one representative from the Masjid -- Muhammad. I just want him to speak just for a second, Mr. Chairman, on the Masjid mosque. Mikal Hamin: Good morning. My name is Mikal Hamin. I'm from Masjid AI-Ansar. We would like to thank Commissioner Spence for supporting the idea of making one of the most historical mosques in the state of Florida. The mosque was purchased back in the early '60s by Elijah Muhammad and supported by Muhammad Ali, and it's been an icon in this city since the early '50s, so we would like to thank her and the Commission for supporting this wonderful project. Commissioner Spence -Jones: Thank you. Chairman Gonzalez: Thank you. That conclude your item? Commissioner Spence -Jones: Yes, sir. City of Miami Page 31 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: All right. City of Miami Page 32 Printed on 3/612006 City Commission Meeting Minutes February 9, 2006 PUBLIC HEARINGS PH.1 06-00104 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "PADRON ESTATES," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-00104 Legislation.pdf 06-00104 Exhibit 1.pdf 06-00104 Exhibit 2.pdf 06-00104 Exhibit 3.pdf 06-00104 Exhibit 4.pdf 06-00104 Exhibit 5.pdf 06-00104 Exhibit 6.pdf 06-00104 Summary Form.pdf 06-00104 Legal Description.pdf 06-00104 Public Hearing Memo.pdf 06-00104 Public Hearing Ad.pdf 06-00104 Public Works Memo.pdf 06-00104 Public Works Ad.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Winton and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-06-0079 Chairman Gonzalez: All right. Let's go back to PH. 1. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH. 1 is a resolution accepting the proposed plat of Padron Estates, which is located along the northwesterly side of Northwest 7th Avenue between Southwest 20th Road and Southwest 21 st Road. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. All right. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sanchez: So move, Mr. Chairman. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. It's a resolution. All of those in favor, say "aye." City of Miami Page 33 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. PH.2 06-00105 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BRICKELL FIRST," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-00105 Legislation.pdf 06-00105 Exhibit 1.pdf 06-00105 Exhibit 2.pdf 06-00105 Exhibit 3.pdf 06-00105 Exhibit 4.pdf 06-00105 Exhibit 5.pdf 06-00105 Exhibit 6.pdf 06-00105 Summary Form.pdf 06-00105 Legal Description.pdf 06-00105 Public Hearing Notice.pdf 06-00105 Public Hearing Ad.pdf 06-00105 Public Works Memo.pdf 06-00105 Public Works Ad.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzralez, Winton, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-06-0080 Chairman Gonzalez: PH.2. Stephanie Grindell (Director, Public Works): PH.2 is a resolution accepting a proposed plat of Brickell First, which is located along Southwest 1st Court between Southwest 12th Street and Southwest 13th Street, Coral Way. Vice Chairman Winton: So moved. Chairman Gonzalez: This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Yes, ma'am. Good morning. Nina West: Good morning. My name is Nina West, 3690 Avocado Avenue, Coconut Grove. I'm just here for a request, and I noticed that Ms. Grindell has just read the addresses, and it will be very helpful, and it's just a request from the community --1 know we have no right to it -- but to have the addresses printed on the agendas so that the communities can see what it is. Is that a possibility? City of Miami Page 34 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Ms. Grindell: Sure. 1 can do that. Ms. West: We'd like to see that. Thank you so much. Commissioner Sanchez: Thank you. Chairman Gonzalez: All right. Thank you. Anyone else? Seeing none, the public hearing is closed. We had a motion by Commissioner Winton. Commissioner Sanchez: Second. Chairman Gonzalez: We have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's a resolution. Motion carries. PH.3 06-00106 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CRAWFORD GROVE ESTATES," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 06-00106 Legislation.pdf 06-00106 Exhibit 1.pdf 06-00106 Exhibit 2.pdf 06-00106 Exhibit 3.pdf 06-00106 Exhibit 4.pdf 06-00106 Exhibit 5.pdf 06-00106 Exhibit 6.pdf 06-00106 Summary Form.pdf 06-00106 Legal Description.pdf 06-00106 Public Hearing Memo.pdf 06-00106 Public Hearing Ad.pdf 06-00106 Public Works Memo.pdf 06-00106 Public Works Ad.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-06-0081 Chairman Gonzalez: PH.3. City of Miami Page 35 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Vice Chairman Winton: Stephanie, before you -- I mean, I'm real curious as to what's happening with PH.3 -- Stephanie Grindell (Director, Public Works): Sure. Vice Chairman Winton: -- so would you tell me what -- Ms. Grindell: Sure. PH.3 is a resolution accepting the proposed plat of Crawford Grove Estates, which is located on -- along the north side of Crawford Avenue opposite Kent Road. This is an exist -- one lot right now that's two-thirds of an acre that's being split into two one-third acre lots for two single-family residences. Chairman Gonzalez: Let me call the public hearing -- Vice Chairman Winton: What -- Chairman Gonzalez: -- first. Vice Chairman Winton: OK. I'm sorry. Chairman Gonzalez: OK. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. All right. Seeing none, hearing none, the public hearing is closed. Vice Chairman Winton: How -- Chairman Gonzalez: Commissioner Winton. Vice Chairman Winton: I'm sorry. Chairman Gonzalez. Vice Chairman Winton, I'm sorry. Vice Chairman Winton: How does -- when we did the -- oh, jeez -- Coconut Grove overlay -- I'm completely brain -dead here on the term, but when we -- the -- special conser -- the Coconut Grove conservation district, we addressed the issue relative to being able to break up sites in Coco -- NCD-3. Thank you. The NCD-3. Thank you, thank you, thank you, and could you tell me how this particular plat request fits in terms of the rule changes we put in place in the NCD-3? Lourdes Sla-yk (Assistant Director, Planning & Zoning): The NCD-3 addressed when somebody had nonconforming lots that they were trying to split, and this -- my understanding is that this is not that situation because each of the lots being created is fully conforming with the underlying zoning, but if somebody had a big lot that was nonconforming and they were trying to break it up into two smaller ones, that's what that addressed in NCD-3. Vice Chairman Winton: What's a nonconforming? Ms. Sla-yk: If the lot was somehow -- or if someone owned more than one lot that was nonconforming, that means it was too small or too narrow; it didn't meet the minimum width or square footage amounts, and they were trying to build more than one home on them, that's what it addressed, but if somebody has a big enough piece of land and they can, you know, divide it and it still meets the minimum standards for the Grove, then that's still allowed. Vice Chairman Winton: Madam City Attorney, are we -- and I'm not necessarily asking for this particular item, but in the future, if we wanted to modify the NCD-3, do we have a right to City of Miami Page 36 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 modem the NCD-3 so that you would have where we set up a standard whereby any lot that was equal to or smaller than say 20,000 square feet, as an example, or 15,000 square feet, you couldn't -- even though you could currently plat it and it would be replatted into two lots and it would be conforming, could we set a rule that says, well, you're going to have to have -- anything below 20,000 feet, you can't rep/at? Ms. Slazyk: We actually have that already in parts of Coconut Grove. Parts of South Grove have what's called the SD-18 overlay, and if you have SD-18 on your property, you cannot plat below 10,000 square feet, regardless of the standards of the rest of the City, and SD-18.1 is a 20,000 square foot standard; that if you are -- and therefore, all those big estate lots in South -- Vice Chairman Winton: Right. Ms. Slazyk: -- Grove. That's already in place for those parts of Coconut Grove. Vice Chairman Winton: Well, I'm -- OK. Ms. Slazyk. And if you wanted to, you know, amend either the SD-18 or the NCD-3, it's just a text amendment to the zoning ordinance, and -- Vice Chairman Winton: So we could do that? Ms. Slazyk: -- you could direct that, yeah. Vice Chairman Winton: I think I'm going to ultimately ask maybe the Cocoanut Grove Village Council to readdress this issue and look at what we're doing in the Grove as it relates to platting, because I think that in my view long-term, I don't think we want to have a lot of this business going on where they're taking decent sized sites and chopping them up. 1'd rather see the movement to taking two small sites -- if they're going to bulldoze existing houses -- two sites and combine them into one bigger, as opposed to getting smaller. Ms. Slazyk: Yeah. Sometimes that's a problem because if you're in a neighborhood where all the houses are small and you take two lots and make one big one, then you're going to have a mammoth house in a neighborhood where it doesn't belong. What we did when we did the SD-18 and 18.1 is in -- Vice Chairman Winton: I don't think there's many places like that in the Grove. Ms. Slazyk: There's a few areas with undersized lots -- Vice Chairman Winton: Yeah. Ms. Slazyk: -- and the homes on them are small, and if somebody started to merge those together, you'd have the opposite problem, but we could show you -- I -- Vice Chairman Winton: Well, but you might have the opposite problem that is a problem we want -- Ms. Slazyk: Yeah. Vice Chairman Winton: -- where ultimately that's what you want to end up with in 20 years. You want to end up in that spot -- Ms. Slazyk: Right. City of Miami Page 37 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Vice Chairman Winton: -- as opposed to a bunch of little bitty lots, but I don't know. I think -- Ms. Slazyk. Yeah. Vice Chairman Winton: --1 would like somebody -- I'd like some group in the Grove to kind of revisit this issue, and so I'll make contact with them and -- Ms. Slazyk: OK. Vice Chairman Winton: -- see if they want to. I'll move PH.3. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. PH.4 06-00107 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY MODIFYING THE WIDTH OF NORTHEAST 11TH STREET BETWEEN NORTHEAST 1ST AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00107 FR/SR Legislation.pdf 06-00107 FR/SR Summary Form.pdf 06-00107 FR/SR Public Hearing Memo.pdf 06-00107 FR/SR Public Hearing Ad.pdf 06-00107 FR/SR Memo.pdf 06-00107 FR/SR Map.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PH.4. Stephanie Grindell (Director, Public Works): PH.4 is an ordinance to reduce the zone street right-of-way of Northeast 11 th Street, between Northeast 1st Avenue and Northeast 2nd Avenue from 75 feet to 50 feet. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none -- yes, ma'am. Nina West: This is more on the lines of the same question as the last one. If we could have more information before we start because it doesn't address the size and what was being done, just a modification. Is that possible? City of Miami Page 38 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Ms. Grindell: I'm sorry, I didn't understand what you're asking for. Vice Chairman Winton: I don't know what you want. Ms. West: OK. When we were talking about extending or reducing the sidewalk -- Chairman Gonzales: Reducing the street. Ms. West: Reducing the street width, it doesn't say by how much or what it's all about. Can we have more information on these? Ms. Grindell: You're talking -- Ms. West: In other words, the explanation that you just read now to the Commission, if that were included in the agenda, that would be very helpful. Ms. Grindell: Sure, I'm sure we could do that. Ms. West: OK. Thank you very much. Thank you. Chairman Gonzalez: Thank you. Anyone else? Seeing none, hearing none, the public hearing is closed. We need a motion. Vice Chairman Winton: So moved. Commissioner Regalado: Second Commissioner Spence -Jones: Second Chairman Gonzalez: OK. We have a motion. We have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): PH.4. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The -- 1'm sorry -- the ordinance has been passed on first reading, 5/0. Chairman Gonzalez: Thank you. PH.5 06-00108 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AMENDING ORDINANCE NO. 12714, ADOPTED JULY 28, 2005, EXTENDING THE TERM OF THE FRANCHISE AGREEMENT WITH PIVOTAL UTILITY HOLDINGS D/B/A FLORIDA CITY GAS PREVIOUSLY NUI UTILITIES, INC. D/B/A NUI CITY GAS COMPANY OF FLORIDA D/B/A FLORIDA CITY GAS ("FRANCHISEE"), UNTIL THE EARLIER OF 1) AUGUST 31, 2006, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO City of Miami Page 39 Printed on 316/2006 City Commission Meeting Minutes February 9, 2006 BY THE CITY OF MIAMI AND THE FRANCHISEE; AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE EXTENSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00108 FR/SR Legislation .pdf 06-00108 FR/SR Exhibit 1.pdf 06-00108 FR/SR Exhibit 2.pdf 06-00108 FR/SR Exhibit 3.pdf 06-00108 FR/SR Exhibit 4.pdf 06-00108 FR/SR Summary Form.pdf 06-00108 FR/SR Public Hearing Memo.pdf 06-00108 FR/SR Public Hearing Ad.pdf 06-00108 FR/SR Text File Report.pdf 06-00108 FR/SR Master Report.pdf 06-00108 FR/SR Master Report 2.pdf 06-00108 FR/SR Ins. Approval Form.pdf 06-00108 FR/SR Ins. Requirements.pdf 06-00108 FR/SR Cert. & Signature.pdf 06-00108 FR/SR Franchise Agmt..pdf 06-00108 FR/SR Letter.pdf 06-00108 FR/SR Letter 2.pdf 06-00108 FR/SR Pre Summary Form.pdf 06-00108 FR/SR Previous Legislation.pdf 06-00108 FR/SR Franchise Extension Agreement 2.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: PH 5. Stephanie Grindell (Director, Public Works): PH.S is an ordinance extending the short-term franchise agreement with Pivotal Utility Holdings, Inc., formally known as NUI (National Utilities, Inc.) Utilities, doing business as Florida City Gas, until a time of August 31 or to the date immediately preceding effective date of any subsequent franchise agreement entered into by the City and the franchisees. This is to allow us enough time to complete the negotiations for the long-term agreement. Chairman Gonzalez: All right. Vice Chairman Winton.' So moved. Chairman Gonzalez: This is a public hearing. Vice Chairman Winton: Oh, sorry. Chairman Gonzalez: Anyone from the public? Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed Vice Chairman Winton: So moved. Chairman Gonzalez: We have a motion. City of Miami Page 40 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 10:30 A.M. PH.6 06-00120 Department of Community Development Commissioner Regalado: Second. Commissioner Spence -Jones: Second. Chairman Gonzalez: And we have a second. It's an ordinance. Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Commissioner Sanchez: Madam Director, just out of curiosity, why did this take so long, this negotiated franchise agreement took so long? Ms. Grindell: To be honest with you, I could not answer that. It's being negotiated by the Legal Department. Vice Chairman Winton: I don't think he heard you. Commissioner Sanchez: Yeah. Why did this take so long? Jorge L. Fernandez (City Attorney): Well, we're not directly involved in the negotiations per se. It's just taking time. As you can see, this is an agreement for a long-term franchise agreement between the City and this new entity, and there have been several changes in the character of the entity that we're entering the agreement into, so they keep changing ownership. That's one of the issues, and another one is that it's a long-term franchise agreement, and we're looking at getting the City in the best possible position for the term, which I believe would be 20, 30 years. I'm -- Ms. Grindell: Thirty years. Mr. Fernandez: Thirty years term. Commissioner Sanchez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE EXTENSION AND ROLLOVER OF ACCOUNTS OF PREVIOUSLY APPROVED ACTIVITIES/PROJECTS, AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, THAT WERE NOT COMPLETED DURING FISCAL YEAR 2004-2005 THAT ENDED SEPTEMBER 30, 2005, TO THE CURRENT FISCAL YEAR 2005-2006, ENDING SEPTEMBER 30, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, TO AMEND THE EXISTING AGREEMENT(S), WITH SAID AGENCIES. City of Miami Page 41 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 06-00120 Legislation.pdf 06-00120 Exhibit 1.pdf 06-00120 Exhibit 2.pdf 06-00120 Summary Form.pdf 06-00120 CD Block Grant Social Prog. Agmt..pdf 06-00120 HOPWA Agreement.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado PH.7 06-00121 Department of Community Development R-06-0076 Chairman Gonzalez: Let's move to the time certain items that was supposed to be at 10:30; it's 10: 50 already. Good morning, Ms. Rodriguez. Barbara Gomez -Rodriguez: Good morning. PH.6. Barbara Rodriguez, Department of Community Development. PH.6, we are requesting approval on an extension of a rollover account for two companies; one is being BAME (Bethel African Methodist Episcopal) Development Corporation of South Florida. It's just to extend their contract through September 30, and to extend the balance on that account, which is 19,702.32; and the second one is the Embrace Foundation, Inc., again, to extend them through September 31 and to extend the balance, which is 19 - which is -- I'm sorry, BAME Development Corporation is 45,520, and the Embrace Foundation is 19,702.32, so it's not allocating money. It's just extending the contract through September 30. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission in reference to this item, please come forward. All right. Seeing none, hearing none, it's a resolution. Vice Chairman Winton: Move it. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A TEN-YEAR AFFORDABILITY RESTRICTIVE COVENANT FOR TEN PARCELS OF LAND, DESCRIBED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, THAT ARE BEING DEVELOPED BY HABITAT FOR HUMANITY OF GREATER MIAMI, INC. ("HABITAT"), FOR AFFORDABLE HOUSING; AUTHORIZING AN AFFORDABILITY RESTRICTIVE COVENANT TO BE IMPOSED ON THE NINE PARCELS OF LAND, DESCRIBED IN ATTACHMENT "B," ATTACHED AND INCORPORATED, TO BE CONVEYED TO HABITAT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTIAL RELEASE OF DECLARATION OF RESTRICTIVE COVENANTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY ADDITIONAL City of Miami Page 42 Printed on 316/2006 City Commission Meeting Minutes February 9, 2006 NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-00121 Legislation.pdf 06-00121 Exhibit 1.pdf 06-00121 Exhibit 2.pdf 06-00121 Exhibit 3.pdf 06-00121 Exhibit 4.pdf 06-00121 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0077 Direction to the Administration by Chairman Gonzalez to include street addresses in addition to legal descriptions to better identify lots on items regarding land transfers. Chairman Gonzalez: PH 7. Barbara Gomez -Rodriguez (Director, Community Development): PH 7, we are requesting that we transfer ten parcels of land to Habitat, and what we're requesting today is that the restricted covenant that were part of that land to be taken back. Habitat has stronger restrictions. We feel that their restrictions are better than what we have, so what we're requesting is that you give us permission to take our restriction off and impose the one of Habitat -- Vice Chairman Winton: So move. Ms. Gomez -Rodriguez: -- which is a longer time. Commissioner Sanchez: Second. Chairman Gonzalez. All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Vice Chairman Winton: So moved Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. Before calling the vote, Ms. Rodriguez, one thing that I would like to see in an item like this is in addition to the legal description, I would like to have a street address in the lot so I, myself, personally know -- Vice Chairman Winton: Yep. Chairman Gonzalez -- exactly, you know, what lots are we talking about -- Ms. Gomez -Rodriguez Yes, your office -- Chairman Gonzalez. -- and what area. Ms. Gomez -Rodriguez: -- did request it, Commissioner. We have provided, and we will do it from now on. Chairman Gonzalez. All right. All in favor, say "aye." City of Miami Page 43 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 PH.8 06-00144 Department of Community Development The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO DECLARE SURPLUS THE CITY -OWNED REAL PROPERTY LOCATED AT 1240 NORTHWEST 61 STREET, MIAMI, FLORIDA ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO CONVEY THE PROPERTY, WITH PARCEL REVERTER PROVISIONS, TO PROGRESSIVE VISION COMMUNITY DEVELOPMENT CORPORATION, INC., A FLORIDA NOT -FOR -PROFIT CORPORATION, TO PROVIDE AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF MIAMI WHOSE INCOME DOES NOT EXCEED 80% OF THE MEDIAN INCOME; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-00144 Legislation.pdf 06-00144 Summary Form.pdf DEFERRED A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue Items PH.8 and 9 to the Commission meeting currently scheduled for March 9, 2006. Barbara Gomez -Rodriguez (Director, Community Development): PH.8, we're requesting that this item be deferred to the first Commission in March. Chairman Gonzalez: All right. Vice Chairman Winton: Didn't we do that at the beginning of the meeting? Chairman Gonzalez: We did that at the beginning of the -- Ms. Gomez -Rodriguez: But since it's a public hearing, you have to do it at -- Vice Chairman Winton: Oh. Ms. Gomez -Rodriguez: -- the time certain. Chairman Gonzalez: OK. Vice Chairman Winton: So -- OK, 8 and 9, right? Chairman Gonzalez: Right, 8 and 9. Ms. Gomez -Rodriguez: 8 and 9, we want them to be deferred to the first Commission in March. Vice Chairman Winton: So moved. Commissioner Spence -Jones: Second. Commissioner Sanchez: Second. City of Miami Page 44 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 PH.9 06-00145 Department of Community Development PH.10 06-00157 Department of Community Development Chairman Gonzalez: All right. We have a motion and a second to defer PH.8 and PH.9. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS FUNDS, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $100,000; ALLOCATING SAID FUNDS TO THE CARRIE P. MEEK FOUNDATION, INC., TO PROVIDE HOMEBUYER COUNSELING FOR DISTRICT FIVE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), FOR SAID PURPOSE. 06-00145 Legislation.pdf 06-00145 Exhibit 1.pdf 06-00145 Summary Form.pdf 06-00145 Public Hearing Ad.pdf DEFERRED A motion was made by Vice Chairman Winton, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue Items PH.8 and 9 to the Commission meeting currently scheduled for March 9, 2006. (Minutes for Item PH.9 are located under Item PH.8) RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT BETWEEN THE CITY OF MIAMI AND BLACK ECONOMIC DEVELOPMENT COALITION, INC. ("COALITION"), PURSUANT TO RESOLUTION NO. 05-0477, ADOPTED JULY 28, 2005, UNTIL JUNE 30, 2006, TO PROVIDE TECHNICAL ASSISTANCE SERVICES TO PRIVATE -FOR -PROFIT ENTITIES FOR DISTRICT 5; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 05-0477, BY CHANGING THE APPROVED ACTIVITY FOR THE COALITION, AS DESCRIBED IN "ATTACHMENT A," ATTACHED AND INCORPORATED. 06-00157 Legislation.pdf 06-00157 Exhibit 1.pdf 06-00157 Exhibit 2.pdf 06-00157 Exhibit 3.pdf 06-00157 Summary Form.pdf 06-00157 CDBG Agreement.pdf 06-00157 Text File Report.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones City of Miami Page 45 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 R-06-0078 Barbara Gomez Rodriguez (Director, Community Development): PH 10. Chairman Gonzalez: PH.10. Ms. Gomez -Rodriguez: We are requesting that you let us extend the contract -- this contract through September 30, 2006, and basically it's not awarding additional dollars. It's just basically extending it and changing it. This is Black Economic Development Coalition, Inc. It was a contract for $40, 000, and we're changing from commercial facade treatment to basically technical assistance in District 5. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Commissioner Spence -Jones: Sir, sir -- there was somebody. Vice Chairman Winton.: Hold up. There's -- Commissioner Spence -Jones: I'm sorry. Vice Chairman Winton: -- public hearing. Chairman Gonzalez: Oh, I'm sorry. Yes, ma'am. Elaine Black: Hello. My name is Elaine Black. I'm executive director of the Black Economic Development Coalition, Inc., doing business as Tools for Change. We are located at 6015 Northwest 7th Avenue in District 5. We appreciate the extension of this contract. The contract really began in 204 [sic]. We did submit, when the contract was under facade and technical assistance when we first started, invoices for the month of March through the month of May of 2005, and I want to make sure those dollars will be paid as a result of the contract extension now. Thank you. Chairman Gonzalez: Anyone else? All right. Public hearing is closed; back to the Commission. Commissioner Spence -Jones: Move -- so move. Vice Chairman Winton: So move. Commissioner Spence -Jones: Move. Chairman Gonzalez: We have a motion and we have a second. Commissioner Sanchez: It's already been moved and second. Chairman Gonzalez: All right, so all those in favor, say "aye." Commissioner Sanchez: All right. Priscilla A. Thompson (City Clerk): No, I'm sorry. I'm sorry. Let me make sure. 1 have a motion -- moved by Commissioner Winton -- Commissioner Sanchez: Second by me. Ms. Thompson: Thank you. City of Miami Page 46 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: All right. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Ms. Gomez -Rodriguez: Thank you very much. City of Miami Page 47 Printed on 3/6/2006 City Commission Meeting Minutes February 8, 2006 ORDINANCES - SECOND READING SR.1 05-01423 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE IV/SECTION 54-124 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDING/NAMES OF AVENUES," BY CHANGING THE NAME OF SOUTHEAST 1 AVENUE BETWEEN SOUTHEAST 8 STREET AND SOUTHEAST 12 STREET, MIAMI, FLORIDA, TO BRICKELL PLAZA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01423 FR/SR Legislation.pdf 05-01423 FR-SR Summary Form .pdf 05-01423 FR/SR Public Hearing Memo.pdf 05-01423 FR/SR Public Hearing Ad.pdf 05-01423 FR/SR Pre Public Hearing Memo.pdf 05-01423 FR/SR Pre Public Hearing Ad.pdf 05-01423 FR/SR Email.pdf 05-01423 FR/SR Fax.pdf 05-01423 FR/SR Map.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12755 Chairman Gonzalez: All right. SR. 1. Stephanie Grindell (Director, Public Works): SR.1 is an ordinance amending the name of Southeast First Avenue between Southeast 8th Street and Southeast 12th Street to Brickell Plaza. Chairman Gonzalez: All right. Vice Chairman Winton: Second reading, so moved. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion and we have a second. Commissioner Spence -Jones: Second. Commissioner Sanchez: Public hearing, is that right? Chairman Gonzalez: This is a public hearing. Anyone from the public? Seeing none, hearing none, the public hearing is closed. We have a motion and we have a second. It's an ordinance. Mr. City Attorney. Jorge L. Fernandez (City Attorney): Which item was this again? I'm sorry. Commissioner Regalado: SR.1. City of Miami Page 48 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: SR. 1. Commissioner Sanchez: SR.1. Mr. Fernandez: SR.1. Commissioner Sanchez: Second reading. Mr. Fernandez: Certainly. The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.2 05-01495 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 55/SECTION 55-7 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/SAME-PROCEDURE- CONFERENCE AND TENTATIVE PLAT," BY LENGTHENING THE PERIOD OF TENTATIVE PLAT APPROVAL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 05-01495 Legislation.pdf 05-01495 FR/SR Summary Form.pdf 05-01495 FR/SR Public Hearing Memo.pdf 05-01495 FR/SR Public Hearing Ad.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones 12763 Chairman Gonzalez: All right. SR.2. Stephanie Grindell (Director, Public Works): SR.2 is an ordinance allowing a tentative plat approval process to increase from 12 months to 18 months. Vice Chairman Winton: And it's second reading. So moved. Chairman Gonzalez: All right. We have a motion. This is a public hearing. Anyone from the public that wishes to address the Commission. Seeing none, hearing none, the public hearing is closed. We have a motion. We need a second. Commissioner Sanchez: Second. Chairman Gonzalez: And a second. It's an ordinance. Mr. City Attorney. City of Miami Page 49 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 The Ordinance was read by title into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.3 05-01563 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 40/ARTICLE IV/DIVISION 4, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST;" MORE PARTICULARLY BY AMENDING SECTION 40-296, TO DELAY THE RIGHT FOR ELECTED OFFICIALS IN OFFICE TO BEGIN RECEIVING PENSION BENEFITS UNTIL AGE 55; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 05-01563 FR/SR Legislation .pdf 05-01563 FR-SR Cover Memo.pdf Motion by Commissioner Sanchez, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Winton 12764 Chairman Gonzalez: SR.3. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, this is an item that we merely serve as conduit to bring it to your attention as recommended by and considered by the City Commission last time. This is to amend the retirement trust for elected officials in the City -- Chairman Gonzalez. All right. This -- Mr. Fernandez: -- and you had some discussion on this item last time, so you're well aware of what's in front of you. Chairman Gonzalez: Right. Commissioner Sanchez: So moved Chairman Gonzalez: Public hearing. Anyone from the public that wants to address this item? Seeing none, hearing none, the public hearing is closed. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's an ordinance, Mr. City Attorney. The Ordinance was read by title into the public record by the City Attorney. City of Miami Page 50 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chairman Winton? Vice Chairman Winton: No. Ms. Thompson: Commissioner Spence -Jones? Commissioner Spence -Jones: Yes. Ms. Thompson: Commissioner Sanchez? Commissioner Sanchez: Yes. Ms. Thompson: Chairman Gonzalez? Chairman Gonzalez: Yes, ma'am. Ms. Thompson: The ordinance has been adopted on second reading, 4/1. City of Miami Page 51 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 FR.1 06-00110 Department of Capital Improvement Programs/Transpor Cation ORDINANCE - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXERCISE THE ADDITIONAL ONE-YEAR PERIOD RENEWAL OPTION PROVIDED BY ORDINANCE NO. 12654, ADOPTED FEBRUARY 10, 2005, WHICH AMENDED CHAPTER 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE;" MORE PARTICULARLY WHICH AMENDED SECTION 18-89(B), ELIMINATING THE APPLICABILITY OF THE TEN PERCENT (10%) LOCAL PREFERENCE FOR CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 06-00110 FR/SR Legislation.pdf 06-00110 FR/SR Summary Form.pdf 06-00110 FR/SR Miami Code.pdf 06-00110 FR/SR Text File Report.pdf Motion by Vice Chairman Winton, seconded by Commissioner Sanchez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones Chairman Gonzalez: FR.1. Mary Conway: Mary Conway, Capital Improvements & Transportation. FR.1 is requesting the one-year renewal option for the ordinance that was passed by this body last year that was suspending and waiving for one year the local preference option. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address the Commission, please come forward. Seeing none, hearing none, the public hearing is closed. Vice Chairman Winton: Move FR. 1. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. It's an ordinance. The Ordinance was read by tide into the public record by the City Attorney. Chairman Gonzalez: Roll call, please. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Chairman Gonzalez: Thank you. City of Miami Page 52 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 RESOLUTIONS RE.1 06-00112 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AMOUNT OF THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH COOPER ROBERTSON AND PARTNERS LLP, PURSUANT TO RESOLUTION NO. 05-0113, ADOPTED FEBRUARY 24, 2005, FOR ADDITIONAL WORK REQUIRED FOR MASTER PLANNING SERVICES FOR THE MUSEUM PARK PROJECT, IN AN AMOUNT NOT TO EXCEED $65,500, INCREASING THE AGREEMENT FROM AN AMOUNT NOT TO EXCEED $1,334,455, TO AN AMOUNT NOT TO EXCEED $1,399,955; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING RESOLUTION NO. 05-0113, TO REFLECT SAID INCREASE. 06-00112 Legislation.pdf 06-00112 Exhibit 1.pdf 06-00112 Exhibit 2.pdf 06-00112 Exhibit 3.pdf 06-00112 Exhibit 4.pdf 06-00112 Exhibit 5.pdf 06-00112 Summary Form.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0082 Chairman Gonzalez: RE.1 Jorge L. Fernandez (City Attorney): This is an item that's being amended on the floor. Chairman Gonzalez: All right. Carmen Sanchez: Good morning, Commissioners. Carmen Sanchez, Department of Planning. The item is being amended on the floor -- Commissioner Sanchez: Wait. Do we have a resolution, an amendment to be provided us? Mr. Fernandez: The new resolution reads as follows. Allow me to read it. It's a minor detail which can be explained, but the verbiage of the resolution is here. It's merely passing this item only for the amount of money that has already been identified and appropriated in the budget, leaving the remainder for a future time when the proper appropriations can be made from an identified source -- Vice Chairman Winton: Good. Mr. Fernandez: -- and so the increase of the contract is basically for 60 -- Ms. Sanchez: Sixty-five thousand -- City of Miami Page 53 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 RE.2 06-00114 Department of Information Technology Chairman Gonzalez: Sixty-five thousand. Ms. Sanchez: -- five hundred. Mr. Fernandez: $65, 000 only. Ms. Sanchez: Sixty-five thousand -- Chairman Gonzalez: All right. Ms. Sanchez: -- five hundred. Vice Chairman Winton: So moved -- Commissioner Spence -Jones: Second Chairman Gonzalez: All right. Vice Chairman Winton: -- modified motion -- modified resolution. Chairman Gonzalez: All right. We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second. It's a public hearing. Anyone from the public that wants to address this item, please come forward. Seeing none, hearing none, the public hearing is closed, and it's a resolution. All those in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE SOFTWARE LICENSE AND SERVICES AGREEMENT WITH ORACLE CORPORATION ("ORACLE"), PURSUANT TO RESOLUTION NO. 04-0508, ADOPTED JULY 22, 2004, TO ACQUIRE ORACLE'S ENTERPRISE RESOURCE PLANNING APPLICATION, DATABASE, TOOLS, SOFTWARE AND TRAINING, IN THE AMOUNT NOT TO EXCEED $200,000, FROM $1,021,816 TO $1,221,816, AN INCREASE IN THE PROCUREMENT OF THIRD -PARTY APPLICATION SOFTWARE, AS NEEDED, FROM A THIRD -PARTY PROVIDER, IN THE AMOUNT NOT TO EXCEED $325,000, FROM $357,000 TO $682,000, AND INCREASING THE CONTINGENCY FOR UNFORESEEABLE CIRCUMSTANCES IN THE AMOUNT OF $200,000, FROM $250,000 TO $450,000; ALLOCATING FUNDS FOR SAID INCREASE(S), FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS AND FROM THE OPERATING BUDGETS OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, AND VARIOUS DEPARTMENTS CITYWIDE, SUBJECT TO BUDGETARY APPROVAL; AMENDING RESOLUTION NO. 04-0508 TO REFLECT SAID INCREASE(S). City of Miami Page 54 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 06-00114 Legislation.pdf 06-00114 Summary Form.pdf 06-00114 Text File Report.pdf 06-00114 Ordering Document.pdf 06-00114 General Terms.pdf 06-00114 Price Hold Exhibit.pdf 06-00114 Business Suite Exhibit.pdf 06-00114 Govemment Standard Quote.pdf 06-00114 License Definitions & Rules.pdf 06-00114 ERP Vendor Questionaire.pdf 06-00114 RFP Information Form.pdf 06-00114 Informal Request for Proposal.pdf 06-00114 Certificate of Asst. Secretary.pdf 06-00114 Debarment & Suspension.pdf 06-00114 Statement of Compliance .pdf 06-00114 Certificate of Insurance.pdf 06-00114 Certification of Contract.pdf 06-00114 Special Conditions.pdf 06-00114 Software License & Svc. Agmt..pdf 06-00114 Amendment One.pdf 06-00114 Amendment Two.pdf 06-00114 Computer Software-Oracle.pdf 06-00114 Letter.pdf 06-00114 Letter 2.pdf 06-00114 Amendment Three.pdf 06-00114 Amendment Four.pdf 06-00114 Global Price List.pdf 06-00114 Oracle Contract Information.pdf 06-00114 General Terms 2.pdf 06-00114 Customer Reference.pdf 06-00114 License Definitions & Rules 2.pdf 06-00114 Consulting Services Schedule.pdf 06-00114 Education.pdf Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0083 Direction to the Administration by Vice Chairman Winton to bring a report back to the Commission that identifies the amount of funds expended to date tied to the master plans for this project and how much more funding will be projected to complete said project. Chairman Gonzalez: RE.2. Jorge L. Fernandez (City Attorney): Information Technology. Chairman Gonzalez: Information Technology, hello. Peter Korinis (Chief Information Officer): Excuse me, Commissioner. Chairman Gonzalez: Good morning. City of Miami Page 55 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Mr. Korinis: Peter Korinis, chief information officer. RE.2 is a request to the Commission to increase our contract with Oracle Company. This is for the iMiAMi ERP (Enterprise Resource Planning) system. About 18 months ago you all approved a contract at $2.6 million. Of that money, we still have 600,000 left, which is reserved for maintenance in the next couple of years, but in the -- we need additional money for some tools to be able to better manage that software, and for some contingency, such as printing software, which we didn't anticipate when we first signed that contract, so this is a request to increase the amount from 2.6 million by an amount of 725, 000. Chairman Gonzalez: All right. Commissioner Sanchez: So moved for discussion. Vice Chairman Winton: Second Discussion. Chairman Gonzalez: All right. We have a motion and a second. Discussion. Commissioner Sanchez, you're recognized, sir. Commissioner Sanchez: Mr. Chairman, this $2.6 million we approved 18 months ago, I'm OK with that, but I just need to clarify what does the 725,000 buy, what's the stuff going to do, and why is it essential to the system? Mr. Korinis: Yes, sir. The 725,000 is divided up into three components: 200, 000 for additional software database training and tools. Some of that will go to training, additional training that we need for additional people to support the system; 325, 000 for third -party application software. Two things that we believe we need there: One is a product called "Applimation," which is a database software tool that'll allow us to better test and better manage the application, and then the other piece that is a potential is a product called "NEOGOV, " which is for ability to do better recruiting, better personnel recruiting. Remember, the ERP system is going to totally replace all of the financials, purchasing, payroll, HR (Human Resources), budget, projects and grants, so it's very wide reaching, and the pieces that we need in the way of software are to support a variety of those functions, and that particular one is for the recruiting, personnel recruiting, and then a third piece of it is an additional -- an increase of 200, 000, and that's for contingency. We've needed contingencies along the way. 1 can't tell you what that is right now, but on a project of this size, things pop up and they don't work, and we need to perhaps buy another piece of software which will particularly address that function. Commissioner Sanchez: I -- before 1 yield to you, 1 realize technology changes everyday, and we have to constantly be adapted to the systems, whatever. You buy a TV (television) today. Seven months from now -- Mr. Korinis: Yes, sir. Commissioner Sanchez: -- forget it, three months from now another system comes out that's better, but the concern that 1 have here is resolutions such as this one that came in front of this legislative body for $2.6 million and was approved, you know. I want to -- I think we need to be a little bit more prudent as we set forth the future, whatever it may be, technology, different departments, that when you design or you put out a budgetary item -- line item such as this for a specific department, we try not to come back and change and say we need 400,000 more or $700,000 more. Listen, there's going to be times that there's justification, such as this one, but 1 think we need to be more prudent as we go on; that we start focusing on this to make sure that we don't start having these amendments come back and forth asking for more money because it just leaves a question mark to be asked, so that's why it was very important to me to ask you for the record, what's it for, what is it going to do, and how is it going to benefit the system now? Because we're spending millions of dollars on Motorola, we're spending millions of dollars on City of Miami Page 56 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 technology, and the City today is much better, I think, in every department. Technology is something that we've come a long way since you've been here, and I don't need to make that argument. When I first got here, you had Commissioners and staff of Commissioners that were using the computers to put a plant on top because, one, they didn't know how to use the system. They didn't have the adequate system, and I think we've been able to turn that around with technology, and we've been more an efficient government, but once again, I think we need to be a little bit more prudent as we have this legislation items come up and then we bring it back to the Commission and be asking for more money. Mr. Korinis: I understand your point. Certainly, we will try to be more prudent than we have been. Although, 1 will say that we are still below the initial estimates provided in the plan, which were well over thirteen million, and we have not come close to that either in implementation side or the hardware side or the system side. We have not spent all the money that you have allocated yet, but we are trying to stay ahead of it. The reason I'm asking for this now is because the way we categorized that 2.6 million, we tranched [sic] it into certain amounts. We've got 600,000 left in there for out year maintenance -- Commissioner Sanchez: Contingency. Mr. Korinis: -- so -- but we spent the contingency in the third party, so 1 do anticipate very -- some very specific things that we will need, and then a certain amount for contingencies that I believe we'll need, but I don't know what they might be yet. Experience says we will need to perhaps buy another piece or two of software when we get to a certain point and recognize the need for it. We are not changing the original plan. In fact, we're plugging some holes in a couple cases where the system didn't do things quite the way we thought or as well as we thought, and we need to buy another piece of software to do that. Chairman Gonzalez: Vice Chairman Winton. Vice Chairman Winton: Well, you may have finally hit on something that's going to give me a little more satisfaction because this increase is 37 percent. That's a big, big, big increase, and what may give me the satisfaction is the point you made about the original total budget of -- what was the number, 12 million? What did you say? Mr. Korinis: The original estimate that came from an Arthur Anderson study in 2001 was thirteen and a half million dollars for the total of the iMiAMi project. Vice Chairman Winton: And where are we in that -- where do we stack up against that thirteen million? Mr. Korinis: We -- I -- we have spent, I believe, around nine to ten million so far in the implementation contract, in the hardware, and in this Oracle -- Vice Chairman Winton: Well, I think what y'all need to do is kind of regroup, look at that original estimate, identfb, how much you've spent, and do, 1 think, a little -- do some real tight projections in terms of -- and I'm OK with the contingency. I understand that. I think it's a smart thing to do, but we ought to know how much more we're going to have to go to over some period of time, so that when you come back with the increments, it fits, we understand it. It -- the 700,000 isn't just a 37 percent increase; it's part of the plan, and that's what I didn't understand here. When you just look at this at face value, you're looking at a 37 percent increase from an old estimate and you're thinking wow, that's -- what are we doing? And so 1 would like you all to bring a report back to us that identifies what we've spent so far that's tied to the master plan and how much more we have to go. Mr. Korinis: Will do. City of Miami Page 57 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Vice Chairman Winton: Thank you. Chairman Gonzalez: Any further discussion? OK. We have a motion and we have a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. Motion carries. City of Miami Page 58 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 BOARDS AND COMMITTEES BC.1 05-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE PARKS ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 05-00411 memo.pdf 05-00411 members.pdf 05-00411-resignation cabanas.pdf 05-00411-resignation Seijas.pdf 05-00411- resignation Loyal.pdf 05-00411-Condon.pdf DEFERRED NOMINATED BY: Chairman Gonzalez Chairman Gonzalez Commissioner Joe Sanchez Commission At -Large A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to waive the residency requirements in Section 2-884(a) of the Code of the City of Miami, as amended, by a 4/5ths vote of the members of the full City Commission, as it relates to Amy Condon as a member of the Parks Advisory Board. Commissioner Sanchez: Board appointments. Chairman Gonzalez: All right. Let's go to board appointments. Parks Advisory Board. Commissioner Sanchez: I have one, and I'm going to defer mine. Chairman Gonzalez: I'm deferring mine, too. There is a lady, Amy Condon, that was appointed by Mayor Diaz, that needs a four -fifth vote of the Commission because of -- Commissioner Sanchez: So move. Chairman Gonzalez: -- resident requirement. Commissioner Regalado: Second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: It's unanimous. BC.2 05-00474 RESOLUTION City of Miami Page 59 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A UNANIMOUS AFFIRMATIVE VOTE, WAIVING THE TERM LIMIT REQUIREMENTS CONTAINED IN SECTION 2-885(b) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT FOR TERMS AS DESIGNATED HEREIN. George Childs Lenny Goldstein Willis Harding Ruth Hopkins -Rosenthal Gary Hunt Penny Lambeth Rev. Peter Nagy Peter Ostrowsky Stephen Pearson Larry Schokman Robert H. Smith Albeana Sumner Joe Wilkins Lottie Person Suzanne Salichs 05-00474 memo.pdf 05-0474 members.pdf 05-00474-nominations.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0091 A motion was made by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed unanimously, to appoint George Childs, Lenny Goldstein, Willis Harding, Ruth Hopkins - Rosenthal, Gary Hunt, Penny Lambeth, Rev. Peter Nagy, Peter Ostrowsky, Stephen Pearson, Larry Schokman, Robert H. Smith, Albeana Sumner, Joe Wilkins, Lottie Person, Suzanne Salichs as members of the Committee on Beautification and Environment; further waiving the residency requirements contained in Section 2-884(a) of the Code of the City of Miami, as amended, as applicable, by a four/fifths (4/5) vote of the members of the full City Commission; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to the appointments of the following individuals as members of the Committee on Beautification and Environment: George Childs, Lenny Goldstein, Willis Harding, Ruth Hopkins -Rosenthal, Steve Pearson, Larry Schokman, Robert H. Smith, and Joe Wilkins. Chairman Gonzalez: BC.2, Committee on Beautification and Environment. Priscilla A. Thompson (City Clerk): Commissioners, there is a list that was given to you in your backup of 15 individuals that the committee proffered, and there are 15 names there. Just to let you know that everyone listed there needs some sort of waiver, so if you want to adopt that list of 15 names, you would need to also include in there term waivers and residency waivers. Commissioner Regalado: OK. City of Miami Page 60 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Sanchez: Does this board meet? Ms. Thompson: As far as I know, yes, and they're active, too. Commissioner Regalado: Yeah. Commissioner Sanchez: They're active? Ms. Thompson: Yes. Commissioner Regalado: Very, very active. 1'!l move the list with the -- all the waivers needed for term limit. Chairman Gonzalez: All right. Commissioner Sanchez: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.3 05-00493 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert Valledor Chairman Joe Sanchez Monique Taylor Commissioner Tomas Regalado 05-00493 memo.pdf 05-00493 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0092 A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Robert Valledor as a member of the Nuisance Abatement Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Robert Valledor as a member of the Nuisance Abatement Board. A motion was made by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed unanimously, to appoint Monique Taylor as a member of the Nuisance Abatement Board; further waiving the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Monique City of Miami Page 61 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Taylor as a member of the Nuisance Abatement Board. Chairman Gonzalez: BC.3, Nuisance and Abatement Board. Commissioner Sanchez: 1 have one. Robert Valledor, and his term limit, he needs a waiver. Chairman Gonzalez: All right. Commissioner Sanchez: Valledor. So moved. Commissioner Regalado: Second. Commissioner Sanchez: With waiver, Madam Clerk. Chairman Gonzalez: We have a motion and a second to -- that includes a waiver. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Regalado has one appointment. Commissioner Regalado: Monique Taylor with a waiver for term limits. Chairman Gonzalez: All right. We have a motion. Do I hear a second? Commissioner Sanchez: Oh, second. Chairman Gonzalez: All right. We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. BC.4 05-00494 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Muniz Vice Chairman Angel Gonzalez Robert Krulik Commissioner Johnny Winton 05-00494 memo.pdf 05-00494 members.pdf Motion by Commissioner Regalado, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0093 A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was City of Miami Page 62 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 passed unanimously, to appoint Robert Krulik as a member of the Waterfront Advisory Board. A motion was made by Commissioner Regalado, seconded by Vice Chairman Winton, and was passed unanimously, to appoint Jose Muni: as a member of the Waterfront Advisory Board. Chairman Gonzalez: BC.4, Waterfront Advisory Board. I will nominate -- I'm sorry. Let me take Vice Chairman Winton first. Vice Chairman Winton: Reappoint Robert Krulik. Chairman Gonzalez: All right. Commissioner Regalado: Second. Chairman Gonzalez: We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: I will nominate Jose Mun"iz. Commissioner Regalado: I'll move it for you. Vice Chairman Winton: Second. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. BC.5 05-00784 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Lee Cohen Commissioner Tomas Regalado Marvin Weeks Commissioner Spence -Jones 05-00784 memo.pdf 05-00784 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0094 A motion was made by Commissioner Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Marvin Weeks as a member of the Arts & Entertainment Council. A motion was made by Commissioner Regalado, seconded by Commissioner Spence -Jones, and City of Miami Page 63 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 was passed unanimously, to appoint Lee Cohen as a member of the Arts & Entertainment Council; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Lee Cohen as a member of the Arts & Entertainment Council. Chairman Gonzalez: BC.5. Commissioner Sanchez: Tom Rebull and Bess McElroy. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Regalado: No, no, no. It's Arts and Entertainment. Ms. Thompson: We're on BC.5, Arts and Entertainment. Chairman Gonzalez: BC.5 -- Commissioner Sanchez: Oh, I'm so sorry. Chairman Gonzalez: -- Arts and Entertainment. I'm going to defer my appointments. Commissioner Spence -Jones. Commissioner Spence -Jones: Yes. I'm nominating Marvin Weeks. Chairman Gonzalez: All right. Commissioner Sanchez: All right, all right, let me get in order here. Where are we at? Chairman Gonzalez: We need a second. Vice Chairman Winton: OK. What are we on? Commissioner Sanchez: BC (Boards and Committees) what? Ms. Thompson: BC.5. Commissioner Regalado: BC.5. Chairman Gonzalez: BC.5. Commissioner Regalado: Arts and Entertainment. Commissioner Sanchez: OK, OK. Vice Chairman Winton: Oh. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Sanchez: You know, this goes to show you, we have so many boards. It's -- Chairman Gonzalez: Yeah. Commissioner Spence -Jones proffered a name. She needs a second. Commissioner Regalado: Second. City of Miami Page 64 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Commissioner Regalado, you have -- Commissioner Regalado: Lee Cohen. Chairman Gonzalez: OK. Ms. Thompson: And she will need a waiver for -- Commissioner Regalado: Waiver. Ms. Thompson: -- absences. Commissioner Regalado: OK. With a waiver. Chairman Gonzalez: OK. Commissioner Regalado has proffered a name with a waiver. We need a second. Do 1 hear a second? Commissioner Spence -Jones: Oh, second. Chairman Gonzalez: OK. We have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Mayor Diaz has -- Commissioner Sanchez: Does she attend these meetings? Commissioner Regalado: Huh? Commissioner Sanchez: She hasn't attended a meeting in how long? Ms. Thompson: No, no. She has been attending. She had three absences -- three consecutive absences in the year 2005, but she -- Commissioner Regalado: Yeah. Ms. Thompson: -- is attending -- Commissioner Sanchez: Oh, she has been -- Ms. Thompson: Yes. Commissioner Sanchez: So she --1 thought she had moved out. Ms. Thompson: No, no. Commissioner Regalado: No, no, no, no. She went out of the country and then she -- she lives here. She lives in my district. Commissioner Sanchez: Oh, oh, OK. City of Miami Page 65 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: All right. The Mayor has one nomination for a seat currently held by Cathy Lee, who has exceeded the number of absences, so -- Ms. Thompson: I'm sorry -- Chairman Gonzalez: -- actually what he needs is a waiver, right? Ms. Thompson: Actually, we received her resignation last night -- Chairman Gonzalez: OK Ms. Thompson: -- so we just don't need to work on that one. Commissioner Sanchez: BC. 6 -- Ms. Thompson: Thank you. Chairman Gonzalez: All right. Commissioner Sanchez: -- Coconut Grove Business Improvement, BC.6. BC.6 05-00785 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. VOTING MEMBER APPOINTEES: NOMINATED BY: Sylvano Bignon Commissioner Johnny Winton Rick Kalwani Commissioner Johnny Winton Angela Reed Commissioner Johnny Winton 05-00785 memo.pdf 05-00785 members.pdf 05-00785 resignation.pdf Motion by Vice Chairman Winton, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0095 A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to appoint Sylvano Bignon, Rick Kalwani and Angela Reed as members of the Coconut Grove Business Improvement Committee (BIC). A motion was made by Vice Chairman Winton, seconded by Commissioner Regalado, and was passed unanimously, to remove David Collins as a member of the Coconut Grove Business City of Miami Page 66 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Improvement Committee (BIC). Chairman Gonzalez: Let's go to BC. 6. Vice Chairman Winton: Yes. Chairman Gonzalez: We were at BC.5 before. Commissioner Sanchez: OK. Vice Chairman Winton: And BC.6. Chairman Gonzalez: Now we are at BC. 6. Vice Chairman Winton: 1 want to appoint the following three members: Sylvano Bignon, Rick Kalwani, and Angela Reed. So moved. Commissioner Regalado: Second Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say „ayeII The Commission (Collectively): Aye. Vice Chairman Winton: And 1 want to unappoint [sic] David Collins. Priscilla A. Thompson (City Clerk): If you don't want to reappoint them -- Commissioner Sanchez: Yeah. Ms. Thompson: -- you don't have to do anything. Commissioner Sanchez: Why do you have to un -- Vice Chairman Winton: Well, because it's important. Ms. Thompson: OK Vice Chairman Winton: -- so -- Chairman Gonzalez: All right. Commissioner Sanchez: So you need a four -fifth -- Vice Chairman Winton: Yes. Commissioner Sanchez: -- to un. Vice Chairman Winton: Yeah. Chairman Gonzalez: The Vice Chair has made a motion. Commissioner Regalado: OK, second. Chairman Gonzalez: Second. All in favor, say "aye." City of Miami Page 67 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 The Commission (Collectively): Aye. Chairman Gonzalez: It's unanimous. It's more than four. BC.7 05-00795 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Michelle Spence -Jones 05-00795 memo.pdf 05-00795 members.pdf 05-00795-resignation.pdf DEFERRED Chairman Gonzalez: All right. BC.7. Commissioner Sanchez: Health facility. Chairman Gonzalez: Health Facility Authority Board. I believe Commissioner Jones -- Commissioner Spence -Jones: Yes. I'm deferring -- Chairman Gonzalez: OK. Commissioner Spence -Jones: -- this appointment. Commissioner Sanchez: All right. Chairman Gonzalez: A motion to defer. BC.8 05-00796 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Lourdes Solera Chairman Joe Sanchez (Restoration Architect) City of Miami Page 68 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 05-00796 memo.pdf 05-00796 members.pdf 05-00796-appl ications. pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0096 A motion was made by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed unanimously, to waive the term limits of Section 2-885(b) of the Code of the City of Miami, as amended, by a unanimous (5/5) vote of the members of the City Commission, as it relates to Lourdes Solera as a member of the Historic & Environmental Preservation Board. Chairman Gonzalez: BC.8, Historic and Environmental Preservation Board. I'm going to defer the item -- my appointment, I'm sorry. BC. 9. Commissioner Regalado: I'm deferring -- Commissioner Sanchez: No, no. B -- Commissioner Regalado: -- my item. Commissioner Sanchez: -- BC.8, there's some appointments. I mean, I have an appointment on BC.8. Chairman Gonzalez: You do? Commissioner Sanchez: Yes. Chairman Gonzalez: OK. Commissioner Sanchez: Lourdes Solera, and she is requiring a waiver of term limits -- Priscilla A. Thompson (City Clerk): That's correct. Commissioner Sanchez: -- which is unanimously. Ms. Thompson: Five -- that's correct. Commissioner Regalado: Second. Commissioner Sanchez: All right. Vice Chairman Winton: Third. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Regalado, you also have an appointment, right? Commissioner Regalado: Deferring, Mr. Chairman. City of Miami Page 69 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 BC.9 05-01365 Office of the City Clerk Chairman Gonzalez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maud Newbold Chairman Angel Gonzalez 05-01365 memo.pdf 05-01365 members.pdf Motion by Chairman Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Winton, Sanchez, Regalado and Spence -Jones R-06-0097 Chairman Gonzalez: All right. BC.9, Virginia Key Beach Park Trust. Commissioner Regalado: Mr. Chairman appointment. Chairman Gonzalez: I'll defer. As a matter of fact, I'!! nominate Maud Newbold. Commissioner Regalado: I'!l move the Chairman's nomination. Commissioner Sanchez: All right. There's a motion and a second. Anyone in opposition, having the same right, say "nay." All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: All right. BC. 10. Commissioner Sanchez: It passes, Madam Clerk. BC.10 06-00065 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Tanya Brinkley (term expiring February 9, 2009) Danny Couch (term expiring February 9, 2009) Tom Rebull NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City of Miami Page 70 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 (term expiring February 9, 2009) Bess McElroy Civilian Investigative Panel (unexpired term ending January 25, 2008) Andrew K. Fishman Civilian Investigative Panel (term expiring February 9, 2009) 06-00065 memo.pdf 06-00065 members.pdf 06-00065 application.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Winton R-06-0098 Chairman Gonzalez: Civilian Investigative Panel. Priscilla A. Thompson (City Clerk): 1 need to make a correction, please, on the record, Commissions. There you have your appointments and the terms. I just need to let you know that the terms are actually expiring. Ms. Brinkley, Couch, and Rebull, February 9, 2009 would be the expiration date there, and then on Andrew Fishman, that also would be February 9, 2009, and that's a new term for that period. It's a three-year term, so I just wanted to correct the agenda. Chairman Gonzalez: That's on BC.10? Ms. Thompson: That is correct. Chairman Gonzalez: All right. Commissioner Regalado: OK, so how do we appoint, just move the whole -- Chairman Gonzalez: The whole slot, yeah, I guess. I don't know. It's up to you. Commissioner Sanchez: With waivers and everything? Move it with everything? Ms. Thompson: I'm sorry. What's happening is that you have individuals there who the board or the committee are actually recommending the nominations, as well as -- well, all the names that are listed there. The only thing, as I brought to your attention with Bess McElroy, she's finishing an unexpired term for Mr. Don Bierman because he resigned -- Commissioner Sanchez: All right. Let's -- Ms. Thompson: -- but everybody's straight. Commissioner Sanchez: -- keep it simple. So move to approve everyone withhold with waiver and everything. Ms. Thompson: We don't need any. Commissioner Regalado: Second. City of Miami Page 71 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Sanchez: You don't need any waivers? Ms. Thompson: No, we don't. Commissioner Sanchez: So even better. Chairman Gonzalez: We have a motion and we have -- Commissioner Regalado: Second. Chairman Gonzalez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. Commissioner Sanchez: And for the record, there was four Commissioners that were present and voted on the item. BC.11 06-00066 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maritza Alvarez Chairman Angel Gonzalez Hugh Ryan Commissioner Tomas Regalado Chuck McEwan Commission -At -Large 06-00066 memo.pdf 06-00066 members.pdf Motion by Commissioner Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Winton R-06-0099 Chairman Gonzalez: BC.11, Code Enforcement. I will defer my appointment. As a matter of fact, no, I retract that. I will appoint Maritza Alvarez. Commissioner Regalado: 1 will move the appointment of the Chairman. Commissioner Sanchez: Well, why don't we do a whole list? Chairman Gonzalez: All right. Commissioner Sanchez: All right. You were going to appoint who? City of Miami Page 72 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: Maritza Alvarez. Commissioner Sanchez: All right. I'm going to appoint Chuck McEwan, who's the Chair. Chairman Gonzalez: OK. Commissioner Regalado: Hugh Ryan will be my appointment. Chairman Gonzalez: All right. Commissioner Sanchez: But Chuck McEwan is at large, so -- Chairman Gonzalez: At large. Commissioner Sanchez: -- let's keep him out. We'll do the at large. Let's do the Commission appointment. Chairman Gonzalez: All right. Commissioner Sanchez: My appointment will be Luis Carlos Alvarez to replace the -- Commissioner Regalado: But you don't have an -- Priscilla A. Thompson (City Clerk): You don't have one. Chairman Gonzalez: You don't have one. It's myself Vice Chairman Winton, Commissioner Regalado -- Commissioner Sanchez: OK. Chairman Gonzalez: -- Commissioner Spence -Jones. Ms. Thompson: What has happened -- and, again, let me just clear the record for you. Commissioner Sanchez -- Commissioner Sanchez: All right. Ms. Thompson: -- what happened was that on December 15, 2005, you did appoint a Luis Carlos Alvarez. Commissioner Sanchez: Right. Ms. Thompson: We have not been able to contact him, OK, so that his -- that name was not included on the agenda. However, if you would like to include it because we are on that subject matter, that is not a problem. Commissioner Sanchez: OK. Well, it goes back to people that want to serve, then they get a taste of it, and they don't want to serve, and it's just getting harder and harder to get people to serve on boards. Commissioner Regalado: OK, so I'm appointing Hugh Ryan as my -- Chairman Gonzalez: OK. Commissioner Spence -Jones. City of Miami Page 73 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Spence -Jones: I'm deferring mine. Chairman Gonzalez: All right. You wanted to appoint -- Commissioner Sanchez: Well, we'll -- Chairman Gonzalez: -- nominate Chuck McEwan? Commissioner Sanchez: Yeah, at large. Chairman Gonzalez: At large. Commissioner Regalado: I'll second. Chairman Gonzalez: All right, so let's move -- Commissioner Sanchez: Madam Clerk. Chairman Gonzalez: We have a motion and a second on all the names proffered. Ms. Thompson: And I have the names proffered as Maritza Alvarez, Hugh Ryan, and Chuck McEwan. That's it. Chairman Gonzalez: Yes, ma'am. Commissioner Regalado: That's it. Commissioner Sanchez: Yes. Chairman Gonzalez: Correct. Commissioner Sanchez: OK. Chairman Gonzalez: All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Those opposed have the same right. BC.12 06-00067 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN Clerk INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Bret Cocking Chairman Angel Gonzalez 06-00067 memo.pdf 06-00067 members.pdf Motion by Commissioner Regalado, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 74 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Winton R-06-0100 Chairman Gonzalez: BC.12, Community Technology Advisory Board. I will reappoint Mr. Brett Cocking. Commissioner Sanchez, you also have an appointment. Commissioner Sanchez: No, I -- you know, we get more resignations than applications. Chairman Gonzalez: Fred Jackson resigned. Commissioner Spence -Jones? Commissioner Spence -Jones: I'm deferring mine also. Chairman Gonzalez: All right. Commissioner Regalado: I move the Chairman -- Commissioner Sanchez: All right. Commissioner Regalado: -- appointment. Chairman Gonzalez: Second. Commissioner Sanchez: I'll second it. Chairman Gonzalez: We have a motion and we have a second All in favor, say "aye." The Commission (Collectively): Aye. BC.13 06-00068 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sergio Rok DDA Board of Directors 06-00068 memo.pdf 06-00068 members.pdf 06-00068 nominations.pdf DEFERRED Chairman Gonzalez: BC. 13, Downtown Development Authority. Commissioner Johnny Winton is not here. Commissioner Sanchez: OK, so move -- proffer the name. Priscilla A. Thompson (City Clerk): We need a five/five; term limit waiver on this one. City of Miami Page 75 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Regalado: Can I do, Mr. Chairman, before I leave, Equal Opportunity? That's -- I got two appointments. Chairman Gonzalez: Yeah. Commissioner Regalado: BC (Boards and Committees) -- [Later..] Chairman Gonzalez: Now, there was a question on BC. 13. Priscilla A. Thompson (City Clerk): Yes. 1 wanted to know if you all were not going to take any action on it because it does require a five/five term limit unanimous vote on the name that's proffered. Commissioner Regalado: You don't have five, and you're going to -- Chairman Gonzalez: We don't have five -- Commissioner Regalado: -- lose me. Chairman Gonzalez: -- so we have to move on. [Later..] Chairman Gonzalez:: D -- no. PZ 1. Vice Chairman Winton: Mr. Chairman, could I -- ? -- real quick -- Chairman Gonzalez: Yes, sir. Vice Chairman Winton: -- could I go back to BC.13? Chairman Gonzalez: Yes, sir. Vice Chairman Winton: I missed that, and I'd like to move -- reappoint Sergio Rok. Commissioner Sanchez: Well, it requires a four -fifth, right? Vice Chairman Winton: Oh, is that right? Oh, it is? Commissioner Sanchez: Yeah, it's five -- Vice Chairman Winton: Oh -- Chairman Gonzalez: Five. Vice Chairman Winton: -- I'm sorry. Commissioner Sanchez: -- so that's -- Vice Chairman Winton: 1 didn't know. Commissioner Sanchez: -- you weren't here, so I couldn't do it. Vice Chairman Winton: OK, good. Got it, got it. Nevermind City of Miami Page 76 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 BC.14 06-00069 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Maria V. Bao Viona Brown 06-00069 memo.pdf 06-00069 members.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Vice Chairman Johnny Winton Vice Chairman Johnny Winton Commissioner Joe Sanchez Commissioner Joe Sanchez Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Commission -At -Large Commission -At -Large A motion was made by Commissioner Regalado to appoint Aurelus Dorvil and Christino Alvarado as members of the Equal Opportunity Advisory Board but said motion died for lack of a second. Chairman Gonzalez: BC. 14. Commissioner Regalado: I have two appointments, Mr. Chairman. Chairman Gonzalez: Go ahead, sir. Commissioner Regalado: Aurelus Dorvil and Christino Alvarado. Chairman Gonzalez: All right. We have a motion. Commissioner Sanchez: Who's the second one? Chairman Gonzalez: Christino Alvarado. City of Miami Page 77 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Regalado: Christino Alvarado and Aurelus Dorvil for the Equal Opportunity Advisory Board. Chairman Gonzalez: All right. We have a motion. We need a second. Is there a second? All right. Motion dies, I guess. Commissioner Regalado: Kuh? Maybe Commissioner Spence will second the two appointments, Aurelus Dorvil -- Commissioner Spence -Jones: What -- Commissioner Regalado: -- and Christino -- Commissioner Spence -Jones: Where are we? Commissioner Regalado: Equal Opportunity Board. Chairman Gonzalez: Equal Opportunity Advisory Board. Commissioner Regalado has proffered two names. Is there a second? Well, motion dies, I guess. Commissioner Regalado: OK. Well do it -- Chairman Gonzalez: Nobody second it. Commissioner Regalado: So -- Chairman Gonzalez: And BC.18 -- Commissioner Regalado: -- I'll defer it. Chairman Gonzalez: -- we just did. No, I'm sorry. BC.15 06-00081 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-00081 memo.pdf 06-00081 members.pdf 06-00081 castillo vacancy.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Commissioner Michelle Spence -Jones Chairman Gonzalez: We have BC.15, Finance Committee. I'm going to defer. Commissioner Jones? Commissioner Spence -Jones: I'm deferring also. City of Miami Page 78 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: Deferring. BC.16 06-00083 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 06-00083 memo.pdf 06-00083 members.pdf 06-00083 apptications.pdf DEFERRED NOMINATED BY: Chairman Angel Gonzalez Chairman Angel Gonzalez Vice Chairman Johnny Winton Commissioner Tomas Regalado Commissioner Tomas Regalado Commissioner Michelle Spence -Jones Commissioner Michelle Spence -Jones Chairman Gonzalez: BC. 16, Urban Development Review. Commissioner Regalado, before you leave, are there any items left on the agenda that you have any concern with that you would like to bring back in the afternoon? Commissioner Regalado: No. Chairman Gonzalez: No. You're all right. All right. BC. 16 is the Urban Development Review Board. Commissioner Spence -Jones: I'm deferring mine also, my appointments. Chairman Gonzalez: I'm deferring mine, too, so that's all we have. No? Vice Chairman Winton? Vice Chairman Winton: Could I go back to -- ? Oh, 1 don't think -- yeah, I can't do -- because I need a term waiver on -- Chairman Gonzalez: Yeah, you need -- Vice Chairman Winton.: -- that one. Chairman Gonzalez: -- five votes. City of Miami Page 79 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Vice Chairman Winton: Yeah, so -- Chairman Gonzalez: That was the problem. Vice Chairman Winton: Yeah, so I'll defer -- I'm going to defer BC.16. Chairman Gonzalez: OK, you're deferring BC. 16. Commissioner Regalado left. Commissioner Spence -Jones is deferring, and that's it. BC.17 06-00084 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Charles Cutler Commissioner Michelle Spence -Jones (unexpired term ending 11/17/06) 06-00084 memo.pdf 06-00084 members.pdf 06-00084 application.pdf Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0101 Priscilla A. Thompson (City Clerk): BC.17. Chairman Gonzalez: BC. 17 -- Commissioner Spence -Jones: I think that is my -- Chairman Gonzalez: Overtown Advisory Board. Commissioner Spence -Jones: Yeah. I'm nominating Charles Cutler for that. Commissioner Sanchez: Second. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. If The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. City of Miami Page 80 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 BC.18 05-01470 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AND CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: ELECTED REPRESENTATIVE Jorge L. Garcia Michael T. Dames NOMINATED BY: Commission At -Large Commission At -Large Commission At -Large SEAT REPRESENTED: Seat #1 Seat #2 05-01470 members.pdf DEFERRED A motion was made by Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chairman Winton absent, to defer Item BC.18. Chairman Gonzalez: Before you leave -- I need to pass the gavel because I -- you know, I want to defer BC.18. Ms. Thompson: I'm sorry. Commissioners, if 1 can just be clear. Chairman Gonzalez: Yes, ma'am. Ms. Thompson: We're not going to do anything with BC.13, is that correct? Chairman Gonzalez: That's correct, I guess. Commissioner Sanche:: No, I -- yeah, I'm prepared to vote on it. Ms. Thompson: But we need a term limit waiver, which is five/five. Commissioner Regalado: Yeah, yeah, but he -- Commissioner Sanche:: For Sergio Rok? Commissioner Regalado: Before I leave, he wants to -- the Chairman wants to do something, and 1'l! second the Chairman's deferral on BC.18. Chairman Gonzalez: All right. Ed Pidermann: Sir. City of Miami Page 81 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Sanchez: Wait, wait, wait, wait. Ms. Thompson: I'm sorry. Commissioner Regalado: The Chairman -- Commissioner Sanchez: Which is being -- ? Commissioner Regalado: -- passed the gavel to Commissioner Sanchez and moved to defer BC.18 -- Ms. Thompson: Thank you. I didn't hear that. Commissioner Regalado: -- and 1 second that. Commissioner Sanchez: All right. There's a motion and a second to defer. Mr. Pidermann: Sir, can I make a comment just before you take a vote? Commissioner Sanchez: No, sir. There's no public hearing on this. There's a motion and a second to defer BC.18. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Chairman Gonzalez: All right. City of Miami Page 82 Printed on 3/612006 City Commission Meeting Minutes February 9, 2006 DISCUSSION ITEM DI.1 06-00111 DISCUSSION ITEM Department of DISCUSSION CONCERNING A FINANCIAL UPDATE AND BUDGET Finance OUTLOOK. 06-00111 Summary Form.pdf DEFERRED Chairman Gonzalez: BC. 18 has been -- Vice Chairman Winton: Deferred. Chairman Gonzalez: -- deferred. Vice Chairman Winton: Good. Chairman Gonzalez: We're going to DI. 1. DI.1, Financial Update and Budget Outlook. Linda Haskins (Deputy City Manager/Chief Financial Officer): Chairman, this item should be deferred. The update was given in the last Commission meeting. Chairman Gonzalez: It's going to be deferred? Ms. Haskins: Yes, sir. Chairman Gonzalez: All right. City of Miami Page 83 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 PART B Chairman Gonzalez: All right. PZ.1. Jorge L. Fernandez (City Attorney): Yes. Mr. Chairman, this is your -- the beginning of your P&Z (Planning & Zoning) agenda, and -- Chairman Gonzalez: That's correct. Mr. Fernandez: -- I have some statements to make -- Chairman Gonzalez: Yes, sir. Mr. Fernandez: -- on the record -- Chairman Gonzalez: You're recognized. Mr. Fernandez: -- that shall govern how this Commission conducts the hearings. PZ items shall proceed as follows: Before the PZ agenda is heard, all those wishing to speak will be sworn in by the City Clerk, and that will take place momentarily. Staff will briefly describe the request, whether an appeal, a special exception, vacation, text amendment, zoning change, land use change, or a MUSP (Major Use Special Permit). The appellant or the petitioner, as the case may be, will then present the request. There will be a time limit imposed by the Chair on that presentation -- staff will present -- if staff would have already made its recommendation. The appellee, if applicable, would present its position with time limits. Members of the public will be permitted to speak on all those items, and again, with a time limitation to be placed by the Chair. Petitioners may ask questions of staff as well as the respondent, if it's an appeal. In either case, it it's an appellant or a petitioner, they will be afforded an opportunity to make final comments or rebuttal, as the case may be. As we proceed, Mr. Chairman, we will, again, make sure that we clam these procedural remarks so that the applicants or the appellants and the members of the public in general will have a better sense of how this Commission intend to conduct P&Z items, and now everyone needs to be sworn. Chairman Gonzalez: Madam City Clerk. Priscilla A. Thompson (City Clerk): Yes. Anyone that is going to be testfying on any of the P&Z items, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 05-01511 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE OF AN ALLEY LOCATED NORTH OF NORTHWEST 13TH STREET BETWEEN NORTHWEST 9TH AVENUE AND NORTHWEST 10TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." City of Miami Page 84 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 05-01511 Legislation.pdf 05-01511 Exhibit A.pdf 05-01511 Planning Analysis.pdf 05-01511 Zoning Map.pdf 05-01511 Aerial Map.pdf 05-01511 Public Works Analysis.pdf 05-01511 Public Works Letter.pdf 05-01511 ZB Reso.pdf 05-01511 Application & Supporting Docs.pdf 05-01511 Fact Sheet 01-26-06.pdf 05-01511 Fact Sheet 02-09-06.pdf 05-01511 Submittal Photos.pdf REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately North of NW 13th Street between NW 9th Avenue and NW 10th Avenue APPLICANT(S): Jackson Residences, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with a condition* on October 6, 2005 by a vote of 6-0. ZONING BOARD: Recommended approval with conditions* to City Commission on December 12, 2005 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a unified development site. CONTINUED A motion was made by Commissioner Spence -Jones, seconded by Commissioner Sanchez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ.1 to the Commission Meeting currently scheduled for March 23, 2006. Lourdes Slayk: For the record, Lourdes Sla_yk, Planning Department. PZ. I is official vacation and closure of an alley at approximately north of Northwest 13th Street, between Northwest 9th and 10th Avenues. This had been recommended for approval by the Planning Department, approval by Public Works, approval by Plat and Street, and approval by the Zoning Board. The City Commission continued this at its meeting of January 26 to today. The staff is going to request a continuance of this today. I believe -- Commissioner Spence -Jones: Yes. 1 think this was in front of me the last time -- Ms. Sla_yk. Yes. Vice Chairman Winton: Right. Vicky Garcia -Toledo: Correct. Commissioner Spence -Jones: -- regarding the item. 1 am more briefed on it, at least have a City of Miami Page 85 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 better sense of what the -- from staff a better sense of what the project is, so I want to just make sure that we -- there's still some issues that we just need to work out regarding the Miami 21 -- Ms. Slasyk: Correct. Commissioner Spence -Jones: -- related issues, and I just want to make sure that before we say "yes" to anything, that we've taken account the Miami 21 issues, so I'm going to ask that we defer this for the next 45 days, and you come back and at least be able to present to us a better sense of what the overall project is. Ms. Garcia -Toledo: Yes. Commissioner Spence -Jones: Also --1 want to make sure I put on the record, because I know 1 did in the last time -- to make sure that you meet with the neighborhood association; they're in that area. Highland Park does not have one, but Spring Garden does -- Ms. Garcia -Toledo: OK. Commiss -- Commissioner Spence -Jones: -- so we need to make -- have you had a chance to speak to them at all? Ms. Garcia -Toledo: For the record, Vicky Garcia -Toledo, with offices at the Wachovia Center. This project is not in the Spring Garden area. It is in Highland Park There is no homeowners group for the Highland Park neighborhood. Commissioner Spence -Jones: I'm aware that there is no one -- there's not one in Highland Park, but the closest one to that is Spring Garden -- Ms. Sla-yk: Yes. Commissioner Spence -Jones: -- and they will be affected by it, so I'm just going to ask that you just at least reach out to them so they have a sense of what the project is that's going to be happening within the area. Ms. Garcia -Toledo: Thank you. Commissioner Spence -Jones: OK, and then I just had a quick, little question too on the last time you presented the historic columns -- Ms. Garcia -Toledo: Um -hum. Commissioner Spence -Jones: -- that you were going to be working on, which was adjoined or close to your project. Ms. Garcia -Toledo: Yes, across the street. Commissioner Spence -Jones: Right, and then there's also some green space 1 talked to staff about that is -- Ms. Slazyk: Yes. Commissioner Spence -Jones: -- close to your project. It's something that the City of Miami has Ms. Garcia -Toledo: Correct. City of Miami Page 86 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Spence -Jones: -- which is like a circular project. Ms. Garcia -Toledo: It's a square park that is already parkland, and your staff has approached me and my client through me about looking at that site instead of the columns since it's already a City of Miami park, and it's currently underutilized -- Commissioner Spence -Jones: Right. Ms. Garcia -Toledo: -- so we have -- my client and I have already me with the architects last night and we've asked them to look at that particular existing park in the neighborhood. Commissioner Spence -Jones: OK. Again, don't take the columns off your -- please don't take those off. I just want you to consider both, if you can, because that -- I think that the columns were the issues that 1 think some of the residents wanted to see restored for sure. I just know that there's green space that is needed also in the area that we have, and maybe perhaps you can include it in your plans. Ms. Garcia -Toledo: OK. Vice Chairman Winton: So -- Ms. Sla_yk: All right. Can I suggest March 23 then, the March 23 PZ (Planning & Zoning) meeting? Vice Chairman Winton: OK. Commissioner Spence -Jones: So moved. Vice Chairman Winton: So we have a motion to continue this item to March 23; need a second. Commissioner Sanchez: Second. Vice Chairman Winton: Have a second. Any further discussion? If not, all in favor, "aye." The Commission (Collectively): Aye. Vice Chairman Winton: Like sign, opposed. The motion carries. Ms. Garcia -Toledo: Thank you. Chairman Gonzblez: Thank you. PZ.2 05-01513 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, APPROVING A REQUEST TO CLOSE, VACATE, ABANDON AND DISCONTINUE FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHEAST 11TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." City of Miami Page 87 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 05-01513 Legislation (Version 2).pdf 05-01513 Exhibit A.pdf 05-01513 Legislation (Version 3).pdf 05-01513 Exhibit A.pdf 05-01513 Planning Analysis.pdf 05-01513 Zoning Map.pdf 05-01513 Aerial Map.pdf 05-01513 Public Works Analysis.pdf 05-01513 Public Works Letter.pdf 05-01513 ZB Reso.pdf 05-01513 Application & Supporting Docs.pdf 05-01513 Fact Sheet.pdf 05-01513 sample of work.pdf Motion by Vice Chairman Winton, seconded by Commissioner Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0088 Lourdes Slazyk (Assistant Director, Planning & Zoning): PZ (Planning & Zoning) -- Chairman Gonzalez: All right. PZ.2. Ms. Slayk: PZ.2 is an official vacation and closure of a public right-of-way. This is a portion of the street at approximately Southeast 11 th Street, between South Miami Avenue and Southeast 1st Avenue. The Planning Department had originally recommended denial of this. It was then recommended for approval by Public Works and Plat and Street Committee, and denial by the Zoning Board. At the initial application, the applicant had not submitted the public purpose statement. We have since met with them, and they submitted a summary of seven items that they're going to be proffering as their public purpose, and based on this, we are going to recommend approval. The area being vacated is 3,957 square feet. They're going to proffer to plat an ingress and egress easement of 1,442 square feet for vehicular access. They're going to plat a Metromover easement of 4,119 square feet, which is 552 square feet more than what's currently there for the Metromover right-of-way. They're also going to enlarge the Allen Morris Park on the southeast corner of 10th Street by approximately 40 square feet. They are going to - Vice Chairman Winton: How do they do that? Ms. Slazyk: They're going to be doing a swap of land when they do this replat. Vice Chairman Winton: OK Ms. Slayk: They're also going to be doing improvements to that park in an amount between 150 and $200, 000. They're going to proffer perpetual maintenance of that park at approximate cost of $7, 500 per year. They're proffering an open public plaza at the intersection of Miami Avenue and Brickell Plaza of approximately 1,200 square feet, which will be maintained by them, and they're proffering improvements along the Metromover from 1st Avenue -- Southeast 1st Avenue to Southwest 1st Avenue of also approximately 1 to $200, 000, which all of this is going to increase usership of the Metro. It's going to make it a more pleasant walk, and we are recommending approval Vice Chairman Winton: Yes, ma'am. City of Miami Page 88 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Chairman Gonzalez: All right. Vice Chairman Winton: Oh, I'm sorry. Chairman Gonzalez: Good morning. Lucia Dougherty: Good morning, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owner, and applicant with me today is Asi Cymbal and Amir Ben -Zion and Ronnie Leventon (phonetic), who are the principals of the property. I'm also the -- Enrique Norton, who I've passed out a book of his work, is the architect for the project. He is actually in the hospital in Mexico City with food poisoning, as we speak. He was going to be here, but anyway, this is the project that is proposed. It will be accompanied by a Major Use Special Permit, so you'll be seeing this in the Major Use Special Permit, as well as the final plat, so in the future -- let me just show you. This project is here, and it's the Flatiron building because it's on the -- in the triangular -shaped building that -- it's the triangular -shaped lot that is across from Perricones and on the other side of Rose and Ellis (phonetic), just to give you an orientation, so this is what the architecture ultimately look like. 1 have another close-up, another photograph of it here. This is a closer visual of the proposed building itself. Again, this is looking at it from South Miami Avenue. This would be 1st Street and this is South Miami -- 1st Avenue and 1st -- South Miami Avenue. Again, in context, it's -- this is the Four Seasons, Park Place, Access, and other buildings that you have currently approved in the City of Miami in that location, so in terms of the public purpose, we are going to swap out the City with the City. This is currently Allen Morris Park, which is a triangular -shaped building. We're going to swap out two pieces and give them a piece of ours so that the park will actually look like this, and that will also give us a beautiful visual corridor from South Miami Avenue so you don't -- so the building doesn't cut it off and from Perricone site, you'll be able to see in this direction. It also -- we have agreed to not only improve this park in this visual way, but we've agreed to maintain it in perpetuity so that the City doesn't have to maintain the park any longer. On the other side -- well, actually, let me describe this. The People Mover will actually go through the building, so while we're asking to close the street, we're not actually closing it; we're vacating it only from the sky. We're opening the street. The street will still continue to have vehicular access, and the People Mover will go right through the building, and when we met with Transit -- Miami -Dade Transit, they said "That's exactly what we want in a city. We don't want the People Mover to be an appendage to the City; we want the buildings to actually come up around it," so this is something that they've actually been encouraging, and as you know, there's another one downtown. Then the other thing that we've agreed to do is to landscape all the way from the People Mover to the Metrorail, along that way, so it's a nice, pleasant walk from the People Mover, which is approximately two and a half blocks, and also to do this artwork, not only as it goes through the building, but along the street facade so that you have something visual to look at instead of these big -- what are -- columns. OK, the other end is a plaza at the end of the building where it meets the Flatiron portion or where the pointy part of the thing, and this is the plaza we would also propose at that end, so with those public benefits, the staff is now recommending approval, and we would urge your support for this street closure, which actually doesn't close the street. Chairman Gonzalez: All right. Commissioner Sanchez: 1 just have a question. Are you going to try to utilize a local artist for that --for the art? Ms. Dougherty: If that's what your desire is, yes. Commissioner Sanchez: Absolutely. City of Miami Page 89 Printed on 3/6/2006 City Commission Ms. Dougherty: OK. Meeting Minutes February 9, 2006 Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wishes to address this item, please come forward. Yes, sir. Good morning. We need your name and address for the record. Ishmael Bermudez: Good morning. My name is Ishmael Bermudez, resident almost 50 years at 87 Southwest 11 th Street, exactly, more or less, hundred yards from the spot in discussion. It is no sense to close a switching point that was designed since the old planners designed what is Brickell today, Brickell Colonial. This is a switching point. Cars coming from 8th Street and turn exactly at Southeast 1st Avenue, come south -north to 13th Street, and turn around on 11 th Street, point with Southeast 5th Avenue to go to the Metrorail and disembark people, passengers, or the employees, all the bureaucracy of Brickell, those that use the Metrorail system; also the Metromover. Second, we are the users of that way for so many years. It's a intercommunication point around Brickell. Now, those that come in from 13th Street along, south -north on Southeast 1st Avenue, stop at that point; made 90 degrees west and switch into South Miami Avenue going downtown or going straight down to the Metrorail or going around the restaurants, Burger Kings, et cetera, et cetera around the neighborhood. It's a very important way of communication. It is no sense to pluck, to vacate, to deny the use of this portion (UNINTELLIGIBLE), and taxpayers, we are using that way. I'm speaking of some, on behalf of the community that use this way. Thank you. Chairman Gonzalez: Thank you, sir. Ms. Dougherty: We -- Chairman Gonzalez: Anyone else? Ms. Dougherty: -- agree with him, and that's why we didn't propose that we close it. It is -- the traffic patterns remain exactly as they are today so that you will have the same one-way vehicular access along the same street, so nothing is changing in terms of the traffic patterns or the vehicular access through the property. Ishmael D. Bermudez: My name is -- Chairman Gonzalez: Thank you. Mr. D. Bermudez: -- is Ishmael Donald Bermudez, and 1 reside at 11-- Southwest I1 th Street -- 87 Southwest I th Street. I also graduated from Miami Senior High, Class of '69, and I am like the keeper of this place. The elder -- Commissioner Sanchez: Sir, you're the what? Mr. D. Bermudez: I am the keeper of this particular site that I live in. I grew up there. I've been living there for almost 50 years. I promised the elders who live there, before I was born and the elders who passed away recently, that that area of Miami should be kept the way it is. 1 also talk to the people who walk up and down. I talk to the people from the restaurants. They want that street to be the way it is. You know, 1 ask to the people. It needs landscaping. It'sbeen neglected for the last ten, fifteen years due to construction, due to when they knock the Martina (phonetic) apartments, they neglected the streets, the sidewalks. They knock the other building; it's being neglected. The whole 11 th Street is being neglected from the point --from Metrorail station going east towards where they want to work at is being neglected for all these years, and if 1 go with you and walk through there, it's neglected. There's no upkeep of it, a lot of littering, et cetera, et cetera. It's a good plan, what they want to do, but that particular property should be in the hands of the City of Miami. It should not be switched. It should not be traded. It is the City of Miami Page 90 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 City. It's the public's land, and the people need that particular little spot too, you know. It belongs to the City. It belongs to the public. That's all 1 got to say. Thank you. Chairman Gonzalez: Thank you. Anyone else? All right, seeing none, the public hearing is closed, comes back to the Commission. Vice Chairman Winton: I'm going to move PZ.2 and make a comment. Chairman Gonzalez: All right. Commissioner Spence -Jones: Second. Chairman Gonzalez: We have a motion -- Commissioner Spence -Jones: Second. Chairman Gonzalez: -- and we have a second You're recognized, Mr. Chairman. Vice Chairman Winton: I think that, just in terms of where we're headed as a city, and this building being built literally around the People Mover station, where the People Mover station actually becomes an extension of the building, or the building's an extension of the People Mover station is exactly what we want to do in this city, and so I really love the idea of this vacation because this is going to put -- this project alone will put tons more people on public transit that aren't on public transit now. I mean, it's just -- they can get downtown. They can get to the Omni. They can get to other parts of Brickell. I mean, it's fabulous, and I like the commitments that y'all are making for green space and the artwork and those kinds of things, and the final comment is about architecture. The thing that I think, by and large, we've missed in this building boom is signature architecture. We have a little bit of it, but we haven't had a lot, and I am totally thrilled about this architecture and this architect, because it will be a signature building for our community that will be talked about, like the Espiritu Santo Building, and we need more of that architecture because it will define our city over time, and so I'm thrilled to death that this unique kind of site creates this unique building with that fabulous architecture that integrates well with public transportation, and 1 don't think we could --1 don't think you could get it any better than they've worked at getting this, so that's the reason I'm enthusiastically endorsing this. Commissioner Spence -Jones: I just want to add too, Lucia, definitely love the project, and just as my colleague said, if there's any way definitely on my end that we could work to make sure that there's some local participation from the artists, from the overall community because 1 think this can be a great project for them to participate in, so if there's anyone that's working on this project from your team, I'd love to help spearhead that to make sure that the artists -- local artists are participating. Chairman Gonzalez: All right. Any further discussion? Commissioner Sanchez: Call the question. Chairman Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NON -AGENDA ITEMS NA.1 06-00211 RESOLUTION City of Miami Page 91 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 District 3 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ariadne Marko Commissioner Joe Sanchez Motion by Commissioner Sanchez, seconded by Vice Chairman Winton, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-06-0102 Chairman Gonzalez: Commissioner Sanchez, you're recognized. Commissioner Sanchez: Mr. Chairman, if you would allow me to take an item out of order. It was a board appointment that I had been deferring for the last couple of months because it is quite hard to get people to participate and really give it a hundred percent -- Chairman Gonzalez: Yes, sir. Commissioner Sanchez: -- to a board, and this is the Little Havana Affordable Housing Advisory Board. Madam Clerk, I would like to nominate for appointment Ariadne Marko. Ari Marko. Vice Chairman Winton: Second. Chairman Gonzalez: All right. We have a motion and we have a second. All in favor, say aye. The Commission (Collectively): Aye. Chairman Gonzalez: Motion carries. NA.2 06-00210 RESOLUTION District 5 "INCOMPLETE (CHANGES NECESSARY) - PENDING FINAL REVIEW AND APPROVAL BY CITY ATTORNEY." A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: Directing the City Manager and Community Relations Board, through the NET offices, to coordinate efforts to assure that the address to be given by Father Gerard Jean-Juste in Little Haiti on February 12, 2006, will be conducted peacefully; furthermore requesting the City's showmobile, barricades, and police support. Motion by Commissioner Spence -Jones, seconded by Commissioner Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Winton, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado City of Miami Page 92 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 R-06-0089 Chairman Gonzales Do we have any -- ? Do any of you have any pocket items? Commissioner Spence -Jones: Just one. Chairman Gonzalez: You have one. You're recognized, Commissioner Jones. Commissioner Spence -Jones: Yes, I have one pocket item that I just wanted to make sure I shared, and 1 need to support on -- I don't know if you want me to read it or you -- Oh, you should have had -- gotten copies of it already. Commissioner Sanchez: (UNINTELLIGIBLE) copy of it. Commissioner Spence -Jones: As you know -- OK -- Little -- Haiti is going through their elections. I'm going to read it. Vice Chairman Winton: Going through their what? Commissioner Spence -Jones: As you know, Haiti is completing their elections and today we'll actually know who will be elected in Haiti. Sunday they're having a rally, however, in Little Haiti, and I just want to make sure that the people in the community are taken care of and I'd like to direct the NET (Neighborhood Enhancement Team) and the Community Relations Board to make sure we work in order to do that. As you know, Father Jean-Juste will be there in Little Haiti on 54th Street, which means they're going to expect a number of people there, and 1 want to make sure that people are safe, so I'd like to make sure that we provide the showmobile and possible barricades and police support, if possible. I'd like to make sure that that is all put in place for them, so 1'd like to direct the City Manager and NET to make sure that that process happens. Vice Chairman Winton: Second the motion. Chairman Gonzalez: All right. We have a motion -- Commissioner Sanchez: No, no, no, no, no, no. Wait, wait. Have her read the -- Commissioner Spence -Jones: OK. Commissioner Sanchez: -- resolution into the record. Commissioner Spence -Jones: Now you want me to read it. Commissioner Sanchez: Yes. Commissioner Spence -Jones: Make your mind up. Commissioner Sanchez: It's beautiful. Commissioner Spence -Jones: OK. Commissioner Sanchez: Read it. Commissioner Spence -Jones: OK. "Whereas Father Gerard Jean-Juste was designated a prisoner of conscious by Amnesty International, and whereas, Father Gerard Jean-Juste was released for humanitarian reasons to seek medical treatment in the City of Miami, and wheras, City of Miami Page 93 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Father Gerard Jean-Juste will address the community in Little Haiti on Sunday, February 12. Therefore, I would like to ask the Commission to pass a resolution directing the City Manager and the Community Relations Board, through the NET offices, to coordinate efforts to assure that this address will be conducted peacefully. 1 ask that the showmobile appear, that barricades be erected, and that the police support us in this effort to achieve and maintain peace on this occasion." Commissioner Sanchez: Second. Chairman Gonzalez: All right. We have a motion and we have a second All in favor, say aye. The Commission (Collectively): Aye. NA.3 06-00212 DISCUSSION ITEM VICE CHAIRMAN WINTON DESIGNATED COMMISSIONER MICHELLE SPENCE-JONES TO LEAD AN AD HOC COMMITTEE THAT WILL CONSIST OF CITY STAFF, COMMUNITY REDEVELOPMENT AGENCY (CRA) STAFF AND THE DOWNTOWN DEVELOPMENT AUTHORITY TO WORK ON A PLAN TO IDENTIFY BONDABLE CAPACITY FOR NECESSARY CAPITAL IMPROVEMENTS IN THE CRA AREA. DISCUSSED Chairman Gonzalez: Any other pocket items? Commissioner Sanchez: None. Vice Chairman Winton: Mr. Chairman, this is, I think, an information piece at the moment, but I want to share it with you and get staff thinking about. As you all -- it's really a CRA (Community Redevelopment Agency) item, and I'll bring it up at the CRA board meeting next, but as you know, we've talked about and have been working on a plan to identify all the capital improvements that we need to make within the CRA district and price those out, and figure out what our operating budget is going to be, and what kind of escalation we will allow that to undertake over the course of the remaining life of the CRA, and bond out the rest of the money to do real improvements, but because of my schedule anymore, I don't have the time to lead the effort of figuring out, with the community, what those improvements ought to be, and so I'm kind of tipping off staff and you all. As the Chairman, I'm going to ask Michelle Spence -Jones to lead up the ad hoc committee that's going to work with staff to figure that out, and I'm going to ask her to work very closely with the Downtown Development Authority, where we're going to do the same thing with DDA (Downtown Development Authority) money, and make sure that Larry Spring has calculated what the bondable capacity is for the parking surcharge money that has to be spent on infrastructure improvements downtown, so that we can end up with a real master plan here with money that won't -- we won't let it slip out our hands anymore; it's going to really put footprints on our entire city in these areas that need it, and so I just want to tip you all off that I'm leaning in that direction, and staff might begin to work on an ad hoc basis with the Commissioner beginning tomorrow, and we will bring that up at the next CRA board meeting as a formal item. Commissioner Spence -Jones: And I just want to say thank you and I welcome the challenge. Commissioner Sanchez: Move to adjourn -- Chairman Gonzalez: Thank you. City of Miami Page 94 Printed on 3/6/2006 City Commission Meeting Minutes February 9, 2006 Commissioner Sanchez: -- is always -- Chairman Gonzalez: All right. Commissioner Sanchez: -- in order. Chairman Gonzalez: We have a motion and we have a second to adjourn. All in favor -- Vice Chairman Winton: Third Chairman Gonzalez:. -- say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Great meeting. Chairman Gonzalez: Thank you, sir. City of Miami Page 95 Printed on 3/6/2006