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HomeMy WebLinkAboutExhibit 3City Commission Meeting Minutes June 14, 2007 Commissioner Sarnoff: I'm going to say that the -- prior to the issuance of the funding, that they come to an agreement on a master term sheet with the County. I'm going to say that they also execute a memorandum of understanding. That does leave some things to do. That leaves you with a lease agreement and a master management agreement. I look out in that audience and I see some of the most brilliant legal minds, and I know if 1 locked them in a room for two days, it'd be ugly, but they would come to an agreement. I'm going to suggest that they raise $40 million of the 108 million by written, unqualified pledges, and that 20 percent of them exist in cash. While you have said it on the record, I'm going to hold you to it. There will be parking for 500 underground spaces, paid for by the museum, to be utilized by the public at -large. That means that we can park there. In accordance with your memorandum with County Manager Burgess, I'm going to demand that your soft costs do not exceed 17 percent, just like the County requires. As to the park itself, let me talk about that for a moment. I'm going to ask you to immediately form a committee to raise not less than $12 million with the goal of raising $20 million for the construction of the park. I'm going to require you to maintain the park at your own expense so that we, as a city, don't fail you and you don't fail us. I'm going to suggest that there be an immediate public meeting to consider what occurred at the Performing Arts Center, which was an overflow meeting, and that the public comments made at the Cooper plan — Cooper Robertson plan, that we immediately visit them. Let me just say one thing for the record That's the end of my conditions, but I'll — if you don't mind, let me just close my comment. I was not impressed with the Cooper plan. I think it's overcomplicated. I think it's more than we probably could afford and should afford, and I think simplicity is the call of day. You know, folks, we are just coming out of — well, I don't know that we're out of it yet — one of the worst droughts in our history. Don't overcomplicate a park design. Don't require water when we may not have that much available in ten or fifteen years, so I'm going to suggest that we have immediate public hearings, just like we had with Sasaki, and there be real public input on the 22 acres that still remain to be designed because all we've done is site the park and put the battery in there, and with that, I apologize to my Commissioners for being so long-winded, and I'll turn it over to them. Vice Chairman Sanchez: Mr. Chairman, I would — Chairman Gonzalez: All right. We have a motion, and we have a second. Vice Chairman Sanchez: But there's still — Chairman Gonzalez: Discussion. Vice Chairman Sanchez: — discussion. Chairman Gonzalez: Vice Chairman Sanchez, you're recognized Vice Chairman Sanchez: No. I would yield to Commissioner Spence -Jones, and later on, I would like to make a friendly amendment to add some conditions that have been proffered by Commissioner Sarnoff Chairman Gonzalez: All right. Commissioner Regalado: Mr. Chairman. Chairman. Chairman Gonzalez: Commissioner Spence -Jones. Commissioner Spence -Jones: Thank you, Mr. Chairman, and I,have to say, you know, for those that truly know me know I truly support the arts, so it's not even about whether or not I support the arts or whether or not I support having any arts -based programs happening in the Ciry of Miami. I'm a strong supporter of that. For me, it's not personal For me, it's more of a trust City of' Miami Page 1 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 issue for me and my community, and I'm just going to put it out there because 1 think it's important to say, and Terry and 1 have had this conversation. Many of the board members and 1 have had this conversation, and just even yesterday, when we start looking at an item that's going to come up later, when we start looking at what the voters approved, meaning if these are the items that we wanted to see or voters wanted to see funded, even that, in my community, in my district, and even in some of your districts, where programs or projects were supposed to be funded for whatever reason, they were all put on — or some of them were put on the backburner, or now we can't find the funding to complete them, so for me, this issue is about a trust issue, and I understand that CIP (Capital Improvement Program) is working very hard to make those necessary changes, but to know that the voters have approved certain items and some of our projects are not happening, or they're not being funded because, quite frankly, for whatever reason, it's not happening. I think of parks like Gibson Park that is still waiting for a A/C (air conditioner) in the middle of the heated summer, where kids have no place else to go in Overtown, and that A/C, which we just put in seven months ago, still is not working. I think about Tacolcy and all of the work that they've been doing in that area in Liberty City, and still, you know, have to struggle to at least get their roofs completed. I think about Hadley -- I think about Little Haiti Park, you know, the first cultural complex that I'm having in my district, and for some reason, a 1,400 square building — excuse me, a 4,000 square building that was supposed to be a 4,000 square building now — is now being reduced to, you know, 1,200 square feet, which 1 know the Manager's working to change that, and 1 appreciate it, but for me, like 1 said, it's a trust issue. If the voters approved something and said this is something that they wanted to see happen, then, to me, that should be happening. My trust also goes beyond just the issue of whether or not we keep our word on what the voters decided to vote on is the issue of the negotiations with the County. I understand that our City Manager's going to do an awesome fob, and when we ask the question as to where we are with the negotiations from the County, we're saying that we're almost there. Well, almost there for me means almost a year and a half - - almost a year, excuse me, of trying to negotiate with them, the County, on key issues regarding the people living in the heart of Overtown, trying to get these issues resolved from a bond perspective, from a reverter perspective, and we're just not getting any love or any true support, you know, to see some of these things happen from a County standpoint, so for me, it's about a trust issue. It's whether or not 1 can really trust you're going to do what you say you're going to do, and it's not going to change down the line. Now I respect, totally, what Commissioner Sarnoff— and I'm glad that he has proffered these items on the record today, and I really appreciate him adding — because those are clearly some of the things that 1 thought were really important, but 1 have to say this. 1 have friends on both sides. I have friends that support the museum. Some of my friends are in here today, and some —1 have friends that don't support the museum. I personally don't have an issue with the museum. I personally don't have an issue with having any buildings in the park, especially since, as Commissioner Sarnof stated earlier, you do need to have something to attract people to the park, and quite frankly, right now, Bicentennial is only really being used for events, major events that come in town. People come therefor the events, and then they leave, so it's not an active park from that perspective, but it is an important venue that is utilized, and that's — a lot of that has to do with, you know, whether or not the City's actually programmed the park to really be that type of a park to attract people there, so my issue and my concern is not really about the buildings per se. It's really about trusting that you're going to do what you say you're going to do and keeping your promise, and as Commissioner Sarnoffstated earlier, you know, no one wants to utilize the word or mention the word "the PAC, "but I have to tell you, from my community's perspective, I cannot help but to use the PAC as an example because here's a perfect example of how people have said that they were -- would make promises to my particular community and make sure that there was inclusion and participation, and all those great things to get the project passed and then now that the PAC is built, it's -- we have a hard time even using the facility. We have a hard time even having activities and events take place there, so understand for me, it's not about — Terry, it's not about whether or not this project is not a good project to have. The reality is, my concerns are whether or not you're going to do what you say you're going to do, and we all have good intentions. We all say that, you know, we're going to be — we're going to raise the money City of Miami Page 3 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 and do whatever it takes, but what happens if you don't raise the money? And you know, for me, you know, these examples that were used earlier regarding, you know, a lot of these museums not using public funds that is coming from, most of the.time, private industry, you know, that -- to me, those are very solid, good, valid points. You know, we're already giving free land for you to put the museum on. h's not like we're not providing the free land, so you know, the issue for me becomes then, why not raise the additional money you need to build the museum? I don't think that that is a difficult request. Now as far as the Museum of Science is concerned — and 1 know we're not dealing with this today -- and as Commissioner Sarnoff stated earlier, we do need to have attractions on the park. l personally feel that if the Museum of Science — I was very impressed with their presentation, their outreach in the urban community, and all the great things that they have done, and even the number of visitors that actually participate or actually come to the museum annually were very impressive, and 1 do understand that in the presentation in my community, it was stated that, well, we need a bigger facility to attract those kind of people, and I do understand that, but 1 have to say that I'm --1 was very impressed with the Museum of Science and what they presented and I think a museum of science in the heart of a park with a aquarium on the water is a beautiful thing to have, and it is definitely a great attraction, and it goes with the use of the park; very similar to what I saw in Baltimore not too long ago when 1 visited there, so 1 just want to say, really kind of in closing you know, for me, you know, this item has already been supported and been passed and voted on — well, actually, it hasn't voted — we're going to vote on it, but 1 do want to, at least, make sure that I put some key issues -- and 1 would like to, at least, offer a friendly amendment to yours, Commissioner Sarnoff I would like to definitely see that there is a community benefits agreement that's put in place. Quite frankly, I'm so sick and tired of hearing broken promises or empty promises and people not living up to what they say they're going to do, and I would definitely like to make sure that that benefits agreement is something that has real teeth attached to it so that if you don't meet those necessary commitments or guidelines, then there's some penalties that are attached to it, just as we do in the CRA (Community Redevelopment Agency), when we put agreements together with folks that want to build and develop in the area. There's key things that we want to see that happens in this community benefits agreement, and then last, but not least, I think that it's very important — and 1 think this was already mentioned, but 1 would like to, at least, expand on it. Because the park itself is a downtown — basically, a downtown park, and it is a park that all districts will utilize, I think that it's important to have, not only before the building of the park takes place, but even after the park gets done —1 know that we have a Park Advisory Board that's been kind of not moving, but hopefully, it will start moving and doing something and being productive, but 1 would like to see that there's some sort of community oversight board that's put in place to say if these are the ten items that the community has come up with that the park — that — excuse me, that the museum has to do in order for it to live up to their commitment of making promises to the community residents, then the community oversight board would be there to make sure that those things took place, so that is my only concern. It is really a — not about the museum. I love the arts. I'm probably in a gallery once a week you know, because I really support local artists. I mean,l have several initiatives to do that. 1t is about trust. It's about, if you tell me you're going to do something then do it. Ifyou're not going to — don't make these promises to — and then we have to stand up in front of our constituents and tell them, you know, when they e-mail (electronic) us or we go out into the areas like Overtown, and the A/C's not working for kids to be able to acknowledge or be able to, at least, play in their parks, you knenv, it's a very difficult sell for me, not when 1 have to make a choice like that. The neighborhood folks that, you know — this is the only outlet they have is the little parks that they have in their communities. That's all they have, and if they can't go in their own parks — and the voters voted on it, and we can't deliver on, you know, what we say we're going to deliver on, then it's hard for me to trust it on both ends, and as far as the County's concerned Mr. Manager, you can agree that it has been extremely difficult with us getting some additional agreements that were been working on, for God knows how long, on key issues that are very important to just the quality of life of individuals living in neighborhoods, so you know, it's — I'm glad that Commissioner Sarnof''put — I'm hearing the —1 want to make sure 1 heard you correctly. You did say that you're supporting this item, but you're supporting this item based upon the fact that there is an City of Miami Page 4 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 agreement put in place, or that they're going to start working on this -- finalizing this agreement? Commissioner Sarnoff Sure. Commissioner Spence Jones: 1 want to just be clear because 1 don't want us to get in it -- I'm just telling you. 1 don't want us to spend the money and then -- or start spending the money and then the County says, "No. We don't agree with that," and we know, from experience, that has happened. Commissioner Sarnof Right. I said that they would have to have the terms — the term sheet agreed to and the MOU (Memorandum of Understanding) agreed to. Commissioner Spence -Jones: OK. Vice Chairman Sanchez: All right. You done? Commissioner Spence Jones: I think Regalado -- Vice Chairman Sanchez: Commissioner Regalado, you're recognized for the record on this item. Commissioner Regalado: Thank you, Mr. Chairman. This is looking like the immigration bill with so many amendments and conditions. I'm not going to place any amendment. I just want to go back in history several years ago, back to the '80s and back to the '90s. As a journalist, I cover the public hearing — maybe some of you attended — that was held at the Miami Dade County Auditorium many, many years ago in the '80s. I think it was County Commissioner Bruce Kaplan who chair that hearing. The Manager may remember. It was about the PAC, the performing arts, and this is where — in that public hearing and then there was another public hearing in the Knight Center about the PAC, and I saw there the persons from Sears and — donated the tower, and also the people, member — the members of the. Trust that promised that they would raise the money. At that time, we were told at that meeting that the cost of the PAC would be $87 million, and — so they said well, we'll come up with $57 million. As we stand today, that figure never came through, and we all know what happened in the past. Commissioner SarnoB"is right in saying, well, you know, we have this PAC paranoia, but the fact is that the City of Miami, through the CRA, the Community Redevelopment Agency, is still putting in the PAC a million and a half every year, and the fact is that, in less than 60 days, we may have, in the agenda of the CRA, a proposal that the CRA of the Omni area will use 3S percent of all the revenues, which amounts to maybe 7, $8 million a year, to support the administration of the PAC, and that will be forever, or at least, to the year 2027, so the PAC is a real issue for the City of Miami and for the residents of Miami, and just wanted to remind my colleagues and the people watching and the people here that this is a serious issue that we have, and that the City — which has nothing to do with the PAC because it doesn't own the PAC; didn't build the PAC -- has been called to rescue the PAC with the CRA and 35 percent of the revenues of the CRAs in the Omni area, which include, by the way, maybe the Bicentennial Park The other issue that 1 wanted to remind coming back a little 'closer, the '90s -- one of the happiest moment in this City Commission for me was when 1 was honored to move forward the Children's Museum. The City gave the land to the Trust of the Children [sic] Museum, but you know, when they came in, at that time, the City was in the middle of this bankruptcy and crisis, and we couldn't talk about money. We could only talk about land; the most precious land that the City had the Watson Island land and we told the people from the Children [sic] Trust, when you raise the money, you come back to the City Commission, and they did. In 90 days, 120 days, they raise $13 million. They came back; the Children's Museum was built, and it's there. The conditions? Fifty percent discount to every resident of the City of Miami, and it work It has — now they have — in the middle of charter school. The attendance, it's staggering of residents of the City of Miami, so this Commission has been very proactive and still is supporting the PAC in Ciry of Miami Page S Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 terms of the arts. The problem is that there have been sort of a double standard. The problem is that there have been projects in the district that 1 represent and that every [sic] of us represent that have been cancel; projects that went in that — also to the voters as a information pamphlet, but some of these projects have been canceled because there were cost overruns, and we had to move money from other priorities — beautification of Southwest 8th Street, gateways — to finish other projects, and the voters did vote for it. We did promise that to the voters, so it is very difficult to explain to the voters why did — we didn't use at least $100, 000 of the museums so we can sort of move money around. The money wasn't touched, and it's fine. 1 understand It was a -- it's a major project. We say, well, you know, we need to respect the voter. In this case, we haven't because some of the projects have been cancel. We have — with a stroke of the pen, we cancel a contract with the Rusty Pelican that was approve by the voters, and somebody said no. We do not want more money nor a new restaurant, until we finish the master plan and we figure out what we want to do. By doing that, the City is losing about a million dollars a year in the last three or four years. The voters approve it, 76 percent. The same issues that the voters approve on that referendum, next day, went into effect; the parking surcharge and the salaries for Commissioner, so 1 just want to say that, you know, I'm a little uncomfortable with the double standard We do not have a lease. We do not have a — we don't know what's in it for the City. We —1 mean, this is easier than the tunnel because we were going to discuss today the tunnel, and the City was going to come up with $50 million as a gift to the County because we don't own the tunnel, nor we can have a toll to enter the tunnel. The question is, what's in it for the City of Miami, for the residents of Miami? This is going to be owned by the County. The director said that the land will cost like $50 million, which is a conservative estimate, so we're giving away fifty -some million dollars for the arts, and I agree. Arts deserve it, but there's nothing that the City can say, "This is ours." This is our. The PAC is not ours, and yet, we're going to have to be paying for the next 20 years for the administration, so it is not about the arts. The homeless, big problem in Coral Way, in Overtown, also in Bicentennial, but this is not about the art. This is about a police and community action, a concerted effort to eliminate homeless. 1 agree with the notion that parks needs to be active, and 1 hope that it does. The point here is that it's very difficult icult for me to understand why does the County has not release the $100 million that were approve in the GOB (General Obligation Bond) or part of it? Why does the City have to release first the money, without any paper signed, without anything that could say, well, we are part owners of this project? That is my problem. My main issue is that we went along by canceling projects that were approved by the voters, and now we say that we have to do this without any papers signed because it was approved by the voters, so it's either I'm too dumb to understand • or there is a double standard here, and that double standard troubles me, and this is why 1 would not support the $2 million grant to the Miami Art Museum. Thank you, Mr. Chairman. Vice Chairman Sanchez: Yes. Mr. Hernandez: Mr. Chairman, ifyou allow me. 1 think it's important that 1 do put on the record that we plan to fulfill every promise that we have in that capital improvement plan. Marry of the ideas originally were,l would say, vague in concept. As they were defined, costs did increase, but our plan right now is to fulfill every promise and every commitment, not to have a double standard Definitely, we will not. Commissioner Regalado: And we thank you, Mr. Manager, and we'll love you if you do that, but planning is not good enough. I mean, we just — we cancel — the reality is that we did cancel some projects. Now planning, it's great. We are planned — we plan to do the best for the City, and we thank you, but we're talking today. Mr. Hernandez: Commissioner, it's a question of I think, rescheduling. We'll reschedule the projects. We'll do the ones that are ready to go now, and the others will be rescheduled, but eventually, all will be done. Commissioner Regalado: Thank you, Mr. Chairman. City ofMiami Page 6 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: Yes. Are you done? Mr. -- Commissioner Regalado: Yes. Vice Chairman Sanchez: -- City Manager, you're done? I think it's important that we focus on really two things, but one thing that Pm going to toss in; one is oversight, and the other, of course, is a vision, but before 1 do that, 1 think it's important that we set the facts straight because we do have great organizations that are partnering up with the City, and I think we at the City here -- and I've been here — 1've been blessed by the voters to be here two terms. One of the things that we constantly promote is partnering up with great institutions to create great venues for our city, to put our city on the map as a great international city, and I am a visionary. 1 like to compare myself to other great cities, such as Barcelona, Spain, France, Paris, and other great cities that have all those things that really make it a great city, but 1 think it's important, as I stated, to clear the facts because there have been a lot of things said that aren't accurate and aren't true, and 1 think that one of the things that we did in this Commission, one of the wisest things that we did was to defer this item to allow us an opportunity to sit down with the Administration and have the Commissioners address their concerns, and 1 think the Administration did a great job with this memo that they put out addressing 13 questions that we had, 13 concerns and 13 questions that really had merit 1 took the liberty to put down, I think it was five or — five questions that 1 wanted to address, and I think one of the questions that was brought forth that 1 think the record needs to be cleared is that, you know, we who labor here seek the truth, and I think that when we say something it's got to be accurate. 1 just can't pick numbers from the sky and 1 can't make misleading statements. One of the things said that there wasn't enough citizen participation, and I think that was number one on the issue. You know, the Herald in itself— and 1 got this article that came out — characterized the Museum Park's proposal as provoking wide attention and strong debate. I can't even count the meetings that we had pertaining to the public input to get people to .support, which they did -- not once, but twice - - the City's bond issuance and the County's bond issuance. The other issue that I had some concerns was on the finances; that we wanted to see that the budget had — did not exceed or pass the limits of the 17 percent cost — soft costs, which Commissioner Sarno."put that as one of the conditions, and I will proffer some conditions when 1 get to the conditions. Of course, the big issue here was the issue of overruns and change orders, and of course, we don't like to dwell on the past, but we need to make sure— and that's where 1 think it's important for this Administration to put an oversight committee — and that will be one of my conditions, but 17l put it out now — would be to create an oversight committee of people in C1P, people in budget; people that are knowledgeable and can assist to make this project a reality; to make sure that the project is time certain, cost certain, and project certain; to assure no cost overruns, and of course, the sofa costs will remain at 17. There was another issue that got my attention on that, and that was -- no. We'll skip that one because there's -- I don't want to dilute the — my support for this, but we need to focus on one other thing that was oversight — and 1 think I've made that very clear. Now on the vision aspect of the City — and I state it before — we are a very diversified city. Miami is a very young city, and we have had opportunities in the past — and maybe some of us weren't here, but 1 could tell you we made some mistakes. One mistake was Bicentennial Park What's there today is a mistake. We want to make sure we don't repeat that mistake. We want to make sure that we do it right. 1t was this Commissioner — and I think maybe two Commissioners were here — when they wanted to put a baseball stadium there, it was this Commissioner who was the swing vote who did not approve a baseball stadium at Bicentennial Park because 1 had a vision. That wasn't the proper site for a baseball stadium, and boy, did we get lobbied because we got lobbied People wanted a baseball stadium there. We were — waited for the right opportunity to create the right projects. As Commissioner Sarnoff stated, what we want to accomplish is a park — and you know, somebody made a statement that caught my attention, and it was great. It is not the museum building that makes a museum. It's what's in that museum that makes a museum, and we could build a museum; we could build whatever we build out there, but if we don't get people to go out there, and we don't City of Miami Page 7 Printed on S/212008 City Commission Meeting Minutes June 14, 2007 get people to visit and make that park a vibrant place as downtown is becoming -- and we're going through some growing pains; it's a young city. I think the leadership is there. 1 think we're focusing on the right things. This plan that was put forth that was presented to us, I think will be a signature piece of mosaic to the gem of our city that would be enjoyed by everyone because that park and that museum, and that environment that we're creating, it's for all the people of the City of Miami, not for the rich, not for the poor. 1 think museums and parks, when they're done right, benefit all those who want to take advantage of it, and when they go to those parks, no one's going to be turned away. As a matter offact, you have in place already — you've reached out -- you embraced the concept of bringing people to your museums and to -- we'll handle the part about bringing people to our parks, but you know what? No child should be locked out, Commissioner. You're absolutely right. Everyone should have an opportunity to experience what Miami's all about Miami's a very diversified community, as I stated, and we have a great opportunity to make sure that we do become a world -class city, a city compared to great cities of the world, not just America. Our great country provides us opportunity, and that opportunity is created to many who, today, don't have that opportunity. Artists. I am a strong supporter of arts. You've heard about Cultural Friday. I take great pride in that because I've taken an area that economically flat -lined that, within four blocks, we have 14 art galleries of artists that struggled at one point, but today, they have their art galleries, and they take great pride in not only saying that they're from Miami, but they're great lovers of art, and 1 think it's important in those conditions, as one of my colleagues proffered, that those artists, the local artists, have an opportunity to work with you to maybe somebody, maybe once a month, allow them the opportunity to showcase, through your committee, to select whoever you may want to exhibit their arts because I think that a lot of struggling artists out there that would have that great opportunity, that is something to inspire for, so once again, I made it very clear that 1 support this. As a matter offact, when 1 deferred it, 1 deferred it out of respect for my colleagues because I think that if we're going to be a great City, we need to have great museums, great parks, great ambience to make Miami what Miami's all about. Now there comes a time when leadership and vision come together to make history. My dear colleagues, the time is today. The vision is there. I pray to the good Lord that we do have the leadership to make this a reality -and support this concept, and you know what? Wish you the best to make sure that you, through the oversight that you will have and the conditions that have been proffered we're able to partner up together because you know what? If we don't, we're going to be sending a horrible message out there to anyone who wants to come in and partner with us to whatever project there may be, when we have to put you through this vigorous discussions, and put you through this public display that really isn't what the City wants to do. However, 1 want to emphasize that oversight is a key issue here; to make sure that the Administration works to make sure that you do what You're supposed to do, and I think that with the conditions that have been proffered here today, you will have the vote to accomplish our vision, to accomplish our goals, which is not only your goal, but our goals to make sure that we do have a great place to showcase throughout the world, so having said that, I think I've second the motion. We're trying to see if there's one Commissioner going to be here. If not,1. think we're ready for a vote. Commissioner Sarnoff: Mr. Chairman, for a moment. I just wanted to point one last thing out 1 would have liked to have made a part of my presentation, and 1 apologize. Vice Chairman Sanchez: Well, before you do that, would you yield to your —? Let me add to your conditions — Commissioner Sarno,$. OK Vice Chairman Sanchez: — and that, of course — my condition was to have —1 think, fiscal responsibility, and we need to be very prudent on this — the Administration put together an oversight committee to oversee the project to make sure, as I stated, those three elements are very important; time certain, cost certain, and project certain of the project. Of course, they have already proffered in that agreement that cost overrun, they will — they — it will not happen, City of Miami Page 8 Printed on 5/2/2608 City Commission Meeting Minutes June 14, 2007 and if it does, it'll be in their burden, and Commissioner, you stated one that was very important to me, and that's that 17 percent soft costs, and then, of course, you do work with the community, and 1 want to make sure that we do work with the local artists to make sure we work out a program where, through -- somehow you work with them to promote maybe once a month or local exhibition of artists, and with those conditions, if they're accepted as a friendly amendment, / would support the seconding of your motion. Commissioner Sarnojf: And just before we vote, I just wanted to point out to the audience on one thing. One of the things 1 did was to look at whether there have been any museums built very recently, and I say by that in the past seven years, on a waterfront community, and I was actually quite pleased that Ron Nelson of my office found the Milwaukee Museum, and 1 provide this to you — and I'm going to give a -- provide a copy, but this is a museum that they put right at the water's edge, and if you look at the wings on that building -- of course, I am a little bit of the taste police 1 like this. If you look at that building, those wings actually come down to guard against them, not for hurricanes, but blizzards, so the windows can be closed in the event of hundred -mile -per -hour blizzard winds, and this museum Ls a signature for their particular park, and if anybody's curious, their museum cost $121 million to build, and this is an example of a public private partnership. It was designed by Calvathra, which is the architect, Santiago Calvatra, and he created the first world -class museum inside Milwaukee, and it is their cultural history environment, and it is approximately 100,000 square feet, and it is a beautiful facility, so it can be done on the water, and they equally suffered from a vacuous park; a park and a section of the -- of their real estate that was not used by anyone, so it can be done, and with that, why don't we call the question? Vice Chairman Sanchez: OK. There's a motion and a second. No further discussion on the item. Mr. Hernandez: Mr. Chairman. Vice Chairman Sanchez: Let's make it a roll call. Mr. Hernandez: I'm sorry. Ifyou allow me, just to clam the conditions. Commissioner Sarno : I'm trying to write them as we speak Mr. Hernandez: Well — Vice Chairman Sanchez: All right. Let's -- Mr. Hernandez: No. I wanted to at least maybe elicit what the City Attorney and myself had just discussed to see if we're all on the same page. Vice Chairman Sanchez: Why don't you proffer them for the record so we have an under —? Mr. Hernandez: Prior to the issuance of any monies, the term sheet and the MOU will have to be completed and approved by this City Commission. The other items, like the 40 million in pledges, the 20 percent in cash, the 500 underground spaces of parking, the soft casts not to exceed 17; the formation of the park committee, the museum to maintain the park, the oversight committee recommended by Commissioner Sanchez, the community bent agreement, also mentioned by Commissioner Spence -Jones; all of those would be part of the MOU. Mr. Ferndndez: Yeah, and also another point — excuse me for interrupting. Commissioner Sarnojf had made the point of not only the maintenance of the park but also an initial contribution of 12 to $20 million for the improvements and infrastructures of the park City of Miami Page 9 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Mr. Hernandez: That's correct. Commissioner Sarnoff What 1 said -- Vice Chairman Sanchez: Whoa. Commissioner Sarnoff: -- was an immediate formation -- Vice Chairman Sanchez: No, no, no, no. That's — you didn't proffer that. Commissioner Sarnoff: I said immediate formation of a committee -- Vice Chairman Sanchez: To -- Commissioner Sarnoff: — to raise between 12 and $20 million for the — Mr. Fernandez: OK. Commissioner Sarnoff -- construction of a park. Mr. Fernandez: For construction of the park, not of the museums. Commissioner Sarnoff: No, not of the museums. Mr. Fernandez: Of the parks itself Commissioner Sarnoff Of the park itself, right. Mr. Fernandez: Correct. Commissioner Sarnoff They don't have to have that money in hand They have to create — Mr. Fernandez: Sure. Commissioner Sarnoff: -- the committee to form — Vice Chairman Sanchez: Oh, OK Commissioner Sarne I'm not suggesting that they have to have that money there. I'm suggesting that the onus is put upon their committee to create a committee — it could very well be their committee — I'd like to be a part of that committee — to raise between 12 and $20 million for the construction of a park, and the reason being it will probably take in the neighborhood of S20 million to get a — maybe not the Cadillac, but the Buick of parks. Vice Chairman Sanchez: All right. Are we crystal clear on those conditions? Commissioner Sarnoff: 1 think -- Mr. Hernandez: Right, so in essence, prior to any issuance of monies, you need to have the term sheet and the MOU approved by the City Commission. The MOU will contain all the other goals and the detail necess — that goes with each one of them. Vice Chairman Sanchez: OK Are you comfortable as making the motion — Commissioner Sarno"? Yes, sir. Page 10 Printed on 5/2/2008 City Commission Meeting Minutes June 14, 2007 Vice Chairman Sanchez: -- with the conditions that have been proffered? 1 think there's no further discussion. The question has been called. Madam Clerk, roll call. Ms. Thompson: This is your roll call on your resolution, as amended. Vice Chairman Sanchez: Yes, ma'am, as amended, for the record. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnof? Commissioner Sarnof: Yes. Ms. Thompson: And then, Vice Chairman Sanchez? Yice Chairman Sanchez: Yes. Ms. Thompson: We have a quorum. We have a vote of 2/1, and by our vote, it does pass. Mr. Fernandes: Correct. Yice Chairman Sanchez: Yes, it does. Ms. Thompson: Thank you. Vice Chairman Sanchez: All right. We will be in -- Mr. Hernandez: Mr. -- Vice Chairman Sanchez: -- recess. Mr. Hernandez: — Chairman. Vice Chairman Sanchez: We will be back — [Later...] Chairman Gonzalez: Also, for the record I had to leave before a vote was taken on the Museum of Arts [sic], and having heard to the arguments that I heard this morning and having heard the arguments of the district Commissioner, 1 was ready to vote in favor of the museum also, so I'm glad that it passed, and I'm sorry that 1 couldn't be here to support that item. rift of Miami Page 11 Printed on s/2n008