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HomeMy WebLinkAboutCC 2009-04-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 23, 2009 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 23, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS 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 2 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 23rd day ofApril 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9: 33 a.m., recessed at 12: 31 p.m., reconvened at 2: 48 p.m., and adjourned at 5: 09 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 10: 07 a.m. ALSO PRESENT: Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Pamela E. Burns, Assistant City Clerk Vice Chair Spence -Jones: Good morning. I'd like to officially call the City Commission meeting for Thursday, April 23, 2009. I'm joined on the dais by Commissioner Tomas Regalado, Commissioner Sarnoff, andl believe my City Manager was here. I guess he's not here. Oh, our City Manager, Pete Hernandez, and City Attorney Bru. We'd like to first start with a pledge of allegiance by Commissioner Regalado, and the prayer by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00401 PRESENTATION Honoree Presenter Protocol Item The State of Mayor Diaz Proclamation Israel Day Gilad Shalit Mayor Diaz Honorary Israeli Soldier Citizenship Jazz Appreciation Mayor Diaz Proclamation Month Adrienne Salute Arsht Center - Larry Rosen UM Frost School Salute of Music - Dr. Shelton G. Berg WDNA Radio Salute Station - Maggie Pellaya United Way Mayor Diaz Certificates Ambassadors Pedro G. of and Participants Hernandez Appreciation City Manager Special Presentation Mayor's Special "Green Awards" 09-00401 Protocol.pdf PRESENTED 1. Mayor Diaz presented a Proclamation in honor of the 53rdAnniversary of the State oflsrael, proclaiming Thursday, the 23rd day ofApril, in the year 2009, as The State oflsrael Day. 2. Mayor Diaz presented an Honorary Citizenship to Gilad Shalit, Israeli soldier, in homage to City ofMiami Page 3 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 MAYORAL VETOES his steadfast dedication to military service in the armored corps of the State of Israel, his outstanding service, goodwill and commitment to duty guarding and ensuring the security of the settlements around Gaza, and his youthful attempt at reconciliation and peace through the publishing, at the age of I1, of the book, When the Shark and the Fish First Met. 3. Mayor Diaz presented Special Green Awards to individuals who have made important contributions to green initiatives in City ofMiami communities. 4. Mayor Diaz presented a proclamation proclaiming the month of April in the year 2009, as JAM!, Jazz Appreciation Month. 5. Mayor Diaz presented a Salute to Larry Rosen of the Adrienne Arsht Center for the Performing Arts to pay tribute to the jazz programming of the Adrienne Arsht Center for the Performing Arts and to praise the Center's determination to provide South Floridians access to authentic jazz performances. 6. Mayor Diaz presented a Salute to Dean Shelton G. Berg of the Phillip and Patricia Frost School ofMusic at the University ofMiami to pay tribute to the Phillip and Patricia Frost School ofMusic at the University ofMiami and to honor its leadership in developing jazz partnerships. 7. Mayor Diaz presented a Salute to Maggie Pelleya of 88.9 FM WDNA Radio Station to pay tribute to WDNA's quality programming and to honor its determination to provide access to authentic jazz music to South Florida listeners. 8. Chair Sanchez recognized participants of Bring Your Child to Work Day 2009. Vice Chair Spence -Jones: We're going to start with the proclamations and presentations. Andl believe at this time, we have our honorable mayor, Manny Diaz. Mayor Manuel A. Diaz: Thank you, Madam Vice Chair. Presentations made. NO MAYORAL VETOES Chair Sanchez: All right. The order of the day is the agenda. We have just finished the protocol items presented. We have three Commissioners, giving us enough for a quorum. For the record, the Chair has received a memo. There are no mayoral vetoes to be stated on the record. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. City ofMiami Page 4 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: We move on to approving of the minutes of the following meetings. We have to approve the regular Commission meeting on March 12, 209 [sic]. Need a motion. Commissioner Sarnoff. So move. Commissioner Regalado: Second. Chair Sanchez: Motion has been proffered by Commissioner Sarnoff, second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We also have to approve the special Commission meeting on March 19, 209 [sic]. Need a motion. Commissioner Sarnoff. So move. Commissioner Regalado: Second. Chair Sanchez: Motion has been proffered by Commissioner Sarnoff, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." For the record, Commissioner Gonzalez is present. We move on to approving the Planning and Zoning meeting of March 26, 209 [sic]. Commissioner Sarnoff. So move. Chair Sanchez: There's a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Sarnoff. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That ends the approving of the minutes. END OF APPROVING MINUTES CONSENT AGENDA CA.1 09-00357 RESOLUTION City of Miami Page 5 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT Fire -Rescue (S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT C#8013 AWARD (FISCAL YEAR 2009-2010," IN AN AMOUNT NOT TO EXCEED $82,907, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES;"AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 09-00357 Legislation.pdf 09-00357 Exhibit 1.pdf 09-00357 Exhibit 2.pdf 09-00357 Summary Form.pdf 09-00357 Fund Title.pdf 09-00357 Letter.pdf 09-00357 Letter 2.pdf 09-00357 Mail.pdf 09-00357 Financial Services.pdf 09-00357 Credit Statement.pdf 09-00357 EMS County Grant.pdf 09-00357 Memo.pdf 09-00357 Pre Resolution.pdf 09-00357 Letter 3.pdf 09-00357 EMS County Grant Application.pdf 09-00357 Attachment I.pdf 09-00357 Attachment II.pdf 09-00357 Attachment 1 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0189 CA.2 09-00358 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF DIGITAL MULTIFUNCTIONAL COPIER/PRINTER, FROM XEROX CORPORATION, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING SCHOOL BOARD OF MARION COUNTY CONTRACT NO. 3029JD, EFFECTIVE THROUGH SEPTEMBER 30, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE SCHOOL BOARD OF MARION COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 6 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 09-00358 Legislation.pdf 09-00358 Summary Form.pdf 09-00358 Maintenance Plan.pdf 09-00358 Webpage.pdf 09-00358 Webpage 2.pdf 09-00358 Webpage 3.pdf 09-00358 Webpage 4.pdf 09-00358 FSMA Renewal Price.pdf 09-00358 Portofolio of Services 1 .pdf 09-00358 Webpage 5.pdf 09-00358 RFP Evaluation.pdf 09-00358 Contact Info.pdf 09-00358 RFP.pdf 09-00358 Portofolio of Services 2.pdf 09-00358 Xerox Terms and Conditions .pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0190 CA.3 09-00359 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Recreation FIRST AMENDMENT TO THE CONCESSION AGREEMENT WITH KARLEN FOODS, INC. (D/B/A TROPICS CATERING), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE CONCESSION OPERATIONS AT THE CITY OF MIAMI RIVERSIDE CENTER CAFETERIA (CAFETERIA.), FOR THE SPECIFIC PURPOSE OF PERMITTING THE CITY OF MIAMI'S PROJECT SEARCH JOB TRAINING PROGRAM FOR DEVELOPMENTALLY CHALLENGED YOUNG ADULTS, TO CONDUCT THEIR OPERATIONS AND ACTIVITIES AT THE TIMES SPECIFIED IN SAID AMENDMENT, AND TO CONDUCT SUCH ACTIVITIES WITHIN A CERTAIN DESIGNATED AREAS OF THE CAFETERIA AS DESCRIBED IN "EXHIBIT A-1," ATTACHED AND INCORPORATED. 09-00359 Legislation.pdf 09-00359 Exhibit 1.pdf 09-00359 Summary Form.pdf 09-00359 Consession Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0191 CA.4 09-00409 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING A Commissioner COLLABORATIVE PARTNERSHIP BETWEEN THE CITY OF MIAMI Tomas Regalado (DEPARTMENT OF FIRE -RESCUE) AND THE AMERICAN HEART City of Miami Page 7 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 ASSOCIATION FOR IMPLEMENTATION OF A PUBLIC SERVICE CAMPAIGN TO INCREASE AWARENESS ABOUT BYSTANDER CARDIOPULMONARY RESUSCITATION; DIRECTING THE CITY MANAGER TO ASSIGN THE NECESSARY PERSONNEL AND RESOURCES TO CREATE SUCH A PROGRAM. 09-00409 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0192 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones END OF CONSENT AGENDA Chair Sanchez: We move to the consent agenda. Are they [sic] any items on the consent agenda that any of the Commissioners or the City Manager will like to pull for a discussion? There are none. There's only four consent agenda items. Need a motion to approve the -- Commissioner Sarnoff. So move. Chair Sanchez: -- consent agenda items. The motion has been proffered by Commissioner Sarnoff. Second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. No discussion on the consent agenda items. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And we have approved the consent agendas [sic]. City of Miami Page 8 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 PUBLIC HEARINGS PH.1 09-00361 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE NEGOTIATION AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNIVERSITY OF MIAMI GORDON CENTER FOR RESEARCH IN MEDICAL EDUCATION, FOR THE DEPARTMENT OF FIRE -RESCUE, TO CONTINUE, WITHOUT INTERRUPTION, THE DELIVERY OF THE EMERGENCY RESPONSE TO TERRORISM TRAINING FOR THE MIAMI URBAN AREA'S FIRST RESPONDERS, INCLUDING EQUIPMENT, COURSE DELIVERY, OUTCOMES ASSESSMENT AND QUALITY IMPROVEMENT, EFFECTIVE MARCH 1, 2009, UNTIL THE END OF THE URBAN AREA SECURITY INITIATIVE ("UASI") 2007, 2008 AND 2009 GRANT, OR UNTIL ALL DELIVERABLES ARE MET, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, TO COINCIDE WITH ANY AND ALL THE APPROVED EXTENSIONS TO ANY OF THE UASI GRANTS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $220,000; ALLOCATING FUNDS FROM THE UASI GRANTS, SUBJECT TO BUDGETARY APPROVAL. 09-00361 Legislation.pdf 09-00361 Exhibit 1.pdf 09-00361 Exhibit 2.pdf 09-00361 Summary Form.pdf 09-00361 Memo 1.pdf 09-00361 Memo 2.pdf 09-00361 Notice to the Public.pdf 09-00361 Notice and Contact.pdf 09-00361 Certificate of Insurance.pdf 09-00361 UofM ERT Renewal.pdf 09-00361 Budget Request.pdf 09-00361 2008 Budget .pdf 09-00361 2009 Miami SFUASI Budget.pdf 09-00361 Letter.pdf 09-00361 Summary Report.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0193 Chair Sanchez: We will now go to the public hearings. Public hearings. We have PH.1. PH.1 requires a four fifth vote. For the record, Vice Chair Spence -Jones is present, giving us a full Commission. All right. Need a motion on PH.1. City of Miami Page 9 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Gonzalez: Motion. Chair Sanchez: The motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- has been proffered by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Any discussion on PH.1, which is a resolution? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, PH 1 has been approved, 5-0. PH.2 09-00362 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 400 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS THE COLLEGE OF POLICING), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 09-00362 Legislation.pdf 09-00362 Exhibit 1.pdf 09-00362 Exhibit 2.pdf 09-00362 Exhibit 3.pdf 09-00362 Summary Form.pdf 09-00362 Memo.pdf 09-00362 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0194 Chair Sanchez: PH.2. PH.2 is also a resolution. Commissioner Gonzalez: Motion. City of Miami Page 10 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Motion by Commissioner Gonzalez. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, it's a resolution. It is a public hearing. Anyone from the public wishing to address this item, please identf yourself or step forward. Seeing no one, the public hearing is closed; coming back to the Commission for deliberation. Any discussion on PH.2? Hearing no discussion on PH.2, being a resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, PH.2, which is a resolution, was approved, 5-0. PH.3 09-00181 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND RICKENBACKER MARINA, INC., A FLORIDA CORPORATION ("RICKENBACKER"), TO PROVIDE FOR AN EXTENSION OF THE TERM; A RENT INCREASE; FOR COMPLETION OF CAPITAL IMPROVEMENTS TO BE MADE BY RICKENBACKER, AT ITS SOLE COST; AND WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. 09-00181 Legislation.pdf 09-00181 Exhibit 1.pdf 09-00181 Exhibit 2.pdf 09-00181 Exhibit 3.pdf 09-00181 Summary Form.pdf 09-00181 Memo.pdf 09-00181 Notice of Public Hearing.pdf 09-00181 Master Report.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0204 Chair Sanchez: PH.3. PH.3 is a resolution. Mr. City Manager, I believe you wanted to put something on the record on this item. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. PH.3 is an item that think the City ofMiami Administration has been working with the Rickenbacker Marina probably for more than two years in trying to come up with an acceptable plan to extend their lease. Back in December, there was a resolution that was approved, in essence, agreeing to the seven -and -a -half -year lease -- or not to exceed seven -and -a -half -year lease. And then the item was brought back to Commission on March 12. At which time it was continued to this City ofMiami Page 11 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 meeting. Even though the Administration has an item on the agenda, this is something that has concerned me, I would say, considerably because as I look at the resolution of December, there's a statement that it has to be done -- or the improvements have to be done in accordance with the City's master plan. And even though we have been negotiating in good faith, I think that the improvements and terms that the leaseholder, Rickenbacker Marina, require in order to make their plan worthwhile doesn't really comport, in my opinion, to what we have in the master plan at this point. And based on those concerns, my recommendation to you at this time would be to deny PH. 3. Chair Sanchez: All right. That is the recommendation from the Administration. Before we get into a three-hour discussion on this item, we either get a motion or a second for -- Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion to approve -- Commissioner Gonzalez: Second. Chair Sanchez: -- and it's second by Commissioner Gonzalez. So the item is under discussion at this time. Before we open it for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forth and be recognized. This is the opportunity where the public has an opportunity to address this Commission. Please step forward. AabadMelwani: Good morning. AabadMelwani, president of Rickenbacker Marina, 3301 Rickenbacker Causeway. Chair Sanchez: Good morning. Mr. Melwani: All of the improvements that we intend or already have pledged to the City are those that -- and respectfully, Mr. Manager -- are consistent with the master plan. A lot of the capital improvements that we will be putting in will be kind of a phase one or will be used toward the master plan. For example, the stabilization of the shoreline along the northern end of our parking lot. If you guys are planning to do a public boardwalk or a pedestrian promenade, phase one of that would be shoreline stabilization. Other capital improvement items are the resurfacing of the asphalt in the parking lots. Stuff will -- that stuff is going to be used well beyond the life of our extension and it's consistent with the master plan; same thing with the repouring or the repaving of the dry storage area. That is something which is consistent with the master plan. I -- to my knowledge, there is nothing that's going to be there that is not a marina. All of our improvements are consistent with a marina facility and, therefore, I think consistent with the master plan. Chair Sanchez: Okay. All right. Anyone else from the public wishing to address this item? At this time, the public hearing is closed and it comes back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff. The City ofMiami is extremely good at two things. In the words of the Mayor in his speech that think he gave in 2002 to the New York Stock Exchange, he called everybody, every City employee, a fireman. Everybody is very good at putting out fires. That's called short-term impact legislation or impact resolution as a result of somebody either not doing their job or a situation coming up that has to be dealt with on a very short-term basis. We're also very good at long-term planning. Since I've been here, I've watched three or four master plans go by me, and a lot of money -- you're absolutely right. And I'm not sure I would ever approve another master plan because there are those on this Commission that think master planning is simply something you put up on the shelf and that's where it's best served. And well, it is a way for saying, hey, this is what we could do, but we don't have the political will or the City ofMiami Page 12 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 desire to get it done. What we don't have is anything called midterm thinking, and that's something we need to bring to bear, which is resolution of issues that can be performed in two, three years, and providing to this citizenry a better situation and product that hopefully does fit a long-term vision. Now this particular marina does fit the long-term vision, and this particular marina is part of the long-term vision. Now whether it's a parking garage going a little bit to the left or a parking garage going a little bit to the right -- I've spent a long time with the Rusty Pelican negotiating amongst them. I think we have done -- andl hope Larry Spring would agree -- some amazing -- gotten some amazing amount of commitments from the Pelican. I think we've done extremely well in our commitments for a seven -and -a -half -year lease extension from Aabad Melwani. I don't know the actual corporate name. And we're going to get a parking garage inevitably out of this. So I think, philosophically, this brings to bear something called midterm thinking. No, it is not the end result that you're hoping for, but it doesn't disturb the end result of the (UNINTELLIGIBLE) plan. Andl said this to Pete Hernandez. I know he's looking to have a grandchild one of these days. But if his grandchild was born today, in theory he would be able to, in a stroller, walk down the entire length of the waterway by Virginia Key in two short years. And if we continue to master plan this, I guarantee you he would never have the opportunity to walk his child with a stroller anywhere on Virginia Key because he'll be walking arm in arm with him probably when he's playing Little League baseball in about ten years. So I think we have to employ some midterm thinking. Do I think this is the end result? No. But this gives you an opportunity to do some good changes that will allow us and afford us a unique opportunity of putting a parking garage there, getting the cars out and away from the waterway, allowing the Pelican to green up their section of the land; pulling the water -- I'm sorry, pulling the cars away from the water. I think this is good midterm thinking, andl do support this. Thank you, Mr. Chair. Vice Chair Spence -Jones: Mr. Chairman -- Commissioner Regalado, you have any comments? You're recognized. Commissioner Regalado: Thank you. I could not agree more with Commissioner Sarnoff. This is about quality of service for the residents ofMiami right now. And what -- I'm a little confused here because I had, I think, four or five briefings from the Administration and everything was going the way that it was presented here to us in the agenda until yesterday that the Manager said that he was very uncomfortable with it. And what -- I don't understand what happened in between, but do believe that if we were to reject all this and leave it as it is, all the plans for the whole area will be disrupted, and we really need to show something to the people ofMiami long term. And have seen the plans. I have seen -- I don't see any disruption to the master planning nor that believe that the whole master plan will be implemented in the next six month [sic] or seven month [sic] or eight month [sic] for that matter. So I have to agree with the area Commissioner on this matter. Thank you, Mr. Chairman. Vice Chair Spence -Jones: Mr. Chairman -- Do you have any comments? Commissioner Gonzalez: No. Vice Chair Spence -Jones: Okay. Chair Sanchez: You're recognized. Vice Chair Spence -Jones: I just have really some questions on the issue. I definitely agree with Commissioner Sarnoff and Commissioner Regalado on some of the issues that they just brought up regarding this issue. In my briefing yesterday, there was, to me, two different briefings, which, honestly, to me, caused more confusion than anything else. And l just have some key questions that I'd like to ask. And part of me agrees totally with the additional -- I mean, the Commissioners that have just made their comments, but then I have some reservations from my perspective. So my question goes really to my City Attorney, Ms. Bru. We were going back and City ofMiami Page 13 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 forth in our briefing yesterday regarding the extension, this -- the extension itself. And in my briefing with you, the communication was if we did not extend this agreement now, that means these individuals would go on a month -to -month arrangement, correct? I mean, that would be the other option. Julie O. Bru (City Attorney): If the lease is terminated, the tenant would have to deliver, relinquish possession of the property peacefully. However, in situations where the tenant doesn't relinquish possession, by operation of law, they continue to occupy on a month -to -month basis until such time as one can judicially, you know, get them out of the property. Vice Chair Spence -Jones: But what does the charter say regarding this whole issue of extensions? That's what I want to understand. Ms. Bru: Okay. Under 29B of our City Charter, with respect to leases, the Commission has the authority to extend the term of the lease -- Vice Chair Spence -Jones: Right. Ms. Bru: -- and you can do so for the purpose of allowing the tenant to expend certain monies to do capital improvements. Vice Chair Spence -Jones: Right. Ms. Bru: The Charter conditions such extension on the tenant paying fair market rent, on the tenant not being in arrears in any monies owed to the City, and the term not being in excess of 25 percent of the original term or 10 years, whichever is less. So in this case, those are the conditions that are put on the extension. The Charter does not allow you to allow the tenant to continue to occupy the premises on anything less than an extension of the term. Vice Chair Spence -Jones: So we couldn't -- the option that was given in one of my briefings, we couldn't do really a month to month because that would create or propose a problem anyway. And if we went on a month to month -- I just want to be clear -- based upon what you're saying in this briefing, that means the City itself would have to take -- Ms. Bru: Right. Vice Chair Spence -Jones: -- responsibility -- I want to just -- you know, 'cause -- Ms. Bru: The Charter doesn't recognize a tenancy that would exist formally by approval of this Commission on a month -to -month basis. That would just be something that would arise out of operation of law should we not extend the term and should the tenant refuse to relinquish possession. Vice Chair Spence -Jones: Okay. All right. So, again, that was one of the issues thatl had a big concern with, you know, so hold that thought. Then -- Madeline, if you don't mind -- the other issue that had a concern with on this agreement was -- and again, this is just getting the briefing yesterday and this is because we never really had the true understanding of how we were going from one amount to the overall amount, the new amount. I had a issue with it going from 60,000 to $360, 000. I mean, to me, that just seems like a huge jump. I mean, am I crazy? I'm asking -- is that not like a huge jump to you? Mr. Melwani: That's based on an appraisal, and that -- the appraisal rendered that as fair market value. I have no issue with that. Vice Chair Spence -Jones: Okay. So my only issue outside of that is you don't have an issue with City of Miami Page 14 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 it because nine times out of ten, it'll get passed on to the individuals. You got to make your money back, correct? Commissioner Gonzalez: The users. Vice Chair Spence -Jones: To the users. You're going to have to -- Mr. Melwani: I don't intend on doing any increases for the next two years, at least not on my customers. Vice Chair Spence -Jones: Okay. Madeline -- see, I'm just tell -- Mr. Melwani: Okay. Vice Chair Spence -Jones: Let me tell you the confusion for me. This -- my briefing yesterday, I asked this question: How do we go from 60 to 360? What are the comparables in the area? Never have -- I still haven't gotten that answer, as of yet. Madeline Valdes (Acting Director, Public Facilities): I sent the comparables last night. Vice Chair Spence -Jones: Okay, well -- I'm going to tell you -- honestly, with all these unanswered questions and all the last-minute business that we're doing in the City and expecting for us to digest all of this at one time is crazy to me. I'm just telling you. Last -- yesterday in my briefing, about 4 or 5 o'clock, I asked, well, how is he going to go from 60 to 360, and how is that not going to be passed on to the boaters. And -- Mr. Melwani: I can tell you I have no intentions of raising my rates at least for the next two years, and if it's -- Vice Chair Spence -Jones: And what percentage are you going to raise it to? Mr. Melwani: Maybe by, you know -- 6 -- in between 6 and 10 percent, so maybe going from $20 a foot to maybe 22 or 23. I mean, boating is a -- you know, we are a private marina, and boating is a luxury activity. I mean, you go next door to Grove Harbor and they'll charge you upwards of $26 a foot. Vice Chair Spence -Jones: Okay. Mr. Melwani: I don't intend to do that. I like to maintain 100 percent occupancy, andl don't want to, you know, disrupt my business in any way. Vice Chair Spence -Jones: Okay. Let me just say, this is just -- and again, I understand it's the area Commissioner's responsibility. And actually, even though it's in his district, it is an area that's visited by all people in the City ofMiami, so it's not really just a D2 (District 2) thing. I would just ask -- only because I've been trying to get some serious clarity on this overall issue is -- Mr. Chairman, if you don't mind, I would like to -- can we at least table this issue until after -- this afternoon because I need to get clarity on it because I'm really -- even though you're telling me it's not going to be passed -- You're saying a totally different number than what I got briefed on. Mr. Melwani: A different -- Chair Sanchez: Listen -- Vice Chair Spence -Jones: From the standpoint of it going from 60 to 360. City ofMiami Page 15 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: -- we're going to table it to this afternoon. Mr. Melwani: Okay. Chair Sanchez: I have some friendly amendments that would proffer, but I would want -- rather sit with you first. Mr. Melwani: Of course. Vice Chair Spence -Jones: I would rather do that. Mr. Melwani: Can I just --? Chair Sanchez: So -- Mr. Melwani: IfI may just mention one thing. The 60,000 base rent -- I mean, this lease was drafted in 1977. Vice Chair Spence -Jones: I know. Chair Sanchez: All right. Mr. Melwani: So that's why, you know, the huge increase based on appraisal is exactly that. And just because there's a huge increase, I'm willing to take that out of my net profit in order -- Vice Chair Spence -Jones: Right. Mr. Melwani: -- to keep on doing business with you guys. Vice Chair Spence -Jones: This is my opinion. In these tough economic times, okay, you're going to take on this responsibility. That's going to be a huge jump, not that I'm trying to, you know, do anything great for you, but my point is it's going to -- in the end, it is going to affect the end user. It is going to affect them. No matter how we look at it, it's going to affect the boater that comes there everyday or is parked there, whatever the case, it's going to affect them. So I couldn't understand why we didn't do a sliding, you know -- let it go up over a certain period of time because the economy was changing. I didn't get an answer on that. Mr. Melwani: I'm more than willing and able to give you any answer. Vice Chair Spence -Jones: I mean -- Chair Sanchez: Listen -- Vice Chair Spence -Jones: -- if you want to pay -- Chair Sanchez: -- we're going to table the item to the afternoon -- Mr. Melwani: Okay. Chair Sanchez: -- have an opportunity to sit down with the Vice Chair, andl also need to sit down with you. Mr. Melwani: Okay. City of Miami Page 16 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: All right. Mr. Melwani: Thank you. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: For the record, PH (Public Hearing) -- Yes, sir. Commissioner Gonzalez: Before tabling the item, on the present resolution, for how long are we extending this lease? Mr. Hernandez: It's an effective seven and a half years because it's seven and a half on the wet slips and four and a half on the land portion, the dry storage. But in essence, if, in the future, you're going to do an RFP (Request for Proposals) for the whole operation, you will have to tie them together. So effectively, it's seven and a half years. Commissioner Gonzalez: So actually, we're tying up the property for another seven and a half years? Mr. Hernandez: Yes. Commissioner Gonzalez: So if you decide to come up with a master plan next year, then what happens? Mr. Hernandez: No. You will have to wait. In essence, if you give them -- if you agree to the item the way it is, you will have to wait the seven and a half years, and you would initiate maybe Commissioner Gonzalez: To implement the master plan. Mr. Hernandez: You would start like an RFP process maybe after the fifth year in order to have it ready at the seven and a half year mark. Commissioner Gonzalez: Let me ask you another question. How much have we spent on the master plan so far? Vice Chair Spence -Jones: So we're deferring --? Chair Sanchez: After these questions -- the item has been tabled to the afternoon. Vice Chair Spence -Jones: Okay. Mr. Hernandez: I'll ask Ana Gelabert to give you an approximate amount. Commissioner Gonzalez: How long have we been working on this master plan? Ana Gelabert-Sanchez (Director, Planning): I think we have been at it for maybe two and a half years. Commissioner Gonzalez: Two and a half years. Ms. Gelabert-Sanchez: Yeah. The expecting -- we're expecting to bring it to City Commission on June 25. Commissioner Gonzalez: How much have we spent on the master plan? City of Miami Page 17 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Gelabert-Sanchez: I think would like to say maybe over half a million, but I would have to -- probably, I can get the specific number. I don't have it on top of my head. Chair Sanchez: Half a million. Commissioner Sarnoff. No, more. Vice Chair Spence -Jones: The district Commissioner is saying it's more. Chair Sanchez: All right, but listen -- Ms. Gelabert-Sanchez: I -- it probably is. I just need to get the -- Chair Sanchez: All right. Ms. Gelabert-Sanchez: -- number. I can get that number for you. Chair Sanchez: You could bring that information back in the afternoon. Okay, this item -- Commissioner Gonzalez: All right. Let me -- I'm going to withdraw my motion, you know, and then -- my second, I'm sorry. It wasn't my motion. My second. Chair Sanchez: All right. So for the record, there is no motion on the floor -- Commissioner Gonzalez: There's no motion on the floor. Chair Sanchez: -- and the item has been tabled to this afternoon. [Later..] Chair Sanchez: Let's go ahead and take up the PH.3. PH.3 is the executive amendment to the Rickenbacker Marina. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: I'm sor -- is it PH.3? Commissioner Sarnoff. Yeah, that's it. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Yeah. Vice Chair Spence -Jones: I -- Commissioner Sarnoff. I think -- Vice Chair Spence -Jones: -- mean, I have -- Commissioner Sarnoff. -- you have to take PH.3. Vice Chair Spence -Jones: -- I just have a comment. I was able to -- Chair Sanchez: All right. We'll get to it. PH.3, it's a comment. Let's -- first of all, before we go, City of Miami Page 18 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 let's get a motion and a second. Commissioner Sarnoff. Motion. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Sarnoff, second by Vice Chair Spence -Jones, okay. It is a resolution; it does not require a public hearing. All right. At this time the item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yes. Madeline. Chair Sanchez: This is a public hearing; I'm sorry. Mr. Hernandez: It is. Chair Sanchez: It is a public hearing. Mr. Hernandez: Yes. Chair Sanchez: I do apologize. Mr. Hernandez: PH.3. Chair Sanchez: It is a public hearing. Is there anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed. It comes back to the Commission. So therefore, for the record, we did open up the public hearing and close it twice, earlier and now. So at this time the item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Okay. Mr. Chairman, we were able to meet briefly before lunchtime, and l just really wanted to have clarity on the two items. The first one I -- it was really more of a help flow to you than anything else going from 60 to 360, but apparently, he feels very confident that they can make the rent, right? And you feel very -- I guess you have to go to the mike. Mr. Melwani: Yes, Commissioner. Vice Chair Spence -Jones: You feel very confident that you can make this rent? Mr. Melwani: Yes. We're already currently paying you more than that. Vice Chair Spence -Jones: Okay. And then you -- Mr. Melwani: Percentage wise. Vice Chair Spence -Jones: -- are confident that we will not be passing on a large percentage to the boaters? Mr. Melwani: Absolutely not. Vice Chair Spence -Jones: Okay, so that was my first concern. Then my second big concern on City of Miami Page 19 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 this whole overall issue -- Chair Sanchez: Make a motion. Vice Chair Spence -Jones: -- what -- we already made a motion. Chair Sanchez: I know. We got to make a friendly amendment, so I apologize. Go 'head [sic]. Vice Chair Spence -Jones: Okay. All right. Sorry about that. Larry, you got something you want to add? Larry Spring (Chief Financial Officer): I'm just here to listen, Commissioner. Vice Chair Spence -Jones: Okay. Then the other part of that was the issue around the parking garage and it being built -- the cost associated with it being built, and during my briefing with Madeline and both of you, you felt pretty confident, based upon the numbers that were presented by you, right? Mr. Melwani: That's correct. Vice Chair Spence -Jones: I mean, Madeline, you felt comfortable with those numbers that they have the capacity to actually build the garage? Madeline Valdes (Acting Director, Public Facilities): Yes, that's correct. Vice Chair Spence -Jones: Okay. All right. So I got my two things answered, and I'm satisfied with the two things. I just want to make sure. Mr. Melwani: No, no. I'm -- okay. Vice Chair Spence -Jones: Okay. So for that -- for me, I'm fine with it. I just wanted to make -- Mr. Melwani: Thankyou, Commissioner. Vice Chair Spence -Jones: -- sure you were going to be able to build the garage and that it was not going to cause the hardship on you that, in return, would cause a hardship on the boaters, and you're saying no. So you got my support. Mr. Melwani: Thankyou, Commissioner. Chair Sanchez: All right. I would like to proffer afriendly amendment. The amendment -- there are already three conditions that are there that -- the -- you have agreed to. I am applying two friendly amendments that want you to hear. One is that Rickenbacker to guarantee that all monies, including but not limited to rent and other Rickenbacker-imposed fees due to the Rickenbacker from any sublease, whether existing or entered into the future will not increase by more than 20 percent of the money due, so he has already agreed. In other words, the -- Mr. Melwani: That's annually? Chair Sanchez: Annually. Mr. Melwani: Okay. Chair Sanchez: You will not increase it more than 20 percent annually, okay. You agreed to that? City of Miami Page 20 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Melwani: Yes, Commissioner. Chair Sanchez: Would the maker of the motion accept that? Commissioner Regalado: Yeah. Commissioner Sarnoff. That they will not increase -- Chair Sanchez: The sublease. Commissioner Sarnoff. -- any sublease they have -- Chair Sanchez: Yes. Commissioner Sarnoff. -- by more than 20 percent annually. Chair Sanchez: And the reason why was -- and I'm not going to mention any percentage, but, you know, andl don't blame him for it. It's a business proposition. However, the agreement that he was entering to, he has several subleases that he was basically increasing the rent; we felt that it was inappropriate at these tough economic times, and therefore, he has proffered and agreed to that 20 percent, correct? Mr. Melwani: That's correct. Commissioner, just for clarification. Does that apply to any future subleases not in place currently? Chair Sanchez: No, no. Just the ones that are present right now. Mr. Melwani: Just the existing ones. Chair Sanchez: Yes. Mr. Melwani: Okay. Thank you. Chair Sanchez: Okay. And the other amendment is, which is Section 3, the extension granted in the amendment provided for herein is conditioned upon Rickenbacker contributing whatever the balance towards the construction of a parking facility to serve the users of the property and other areas in the vicinity of the property, if the City builts [sic] or causes to be built such parking facility. In other words, he has agreed that between him and Rusty Pelican, they would - - he would put whatever the balance is to construct the parking facility. Do we agree with that? Vice Chair Spence -Jones: Yeah. Mr. Melwani: I do, Mr. Chairman. Chair Sanchez: Okay. Commissioner Sarnoff. I don't have a problem with that, but I thought that was already in there. Vice Chair Spence -Jones: It is. It's -- Commissioner Sarnoff. Now, I was operating under an expressed conversation with Larry that that had been incorporated. Chair Sanchez: It is -- it was -- City of Miami Page 21 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: That is -- it is in there. Ms. Valdes: No, it's not in there. Chair Sanchez: No. Hold on. It was -- Ms. Valdes: This is the item that came from the March 12 agenda, so it was as March 12, but he did proffer it. Vice Chair Spence -Jones: What? Ms. Valdes: And we intend to put it in. Chair Sanchez: It's there now. Commissioner Sarnoff. Okay. I have no problem with it. I just want to be clear with this Administration. I didn't check it, but you told me it was in there, so I -- Mr. Hernandez: Please. Ms. Valdes: We intended to. Mr. Spring: Commissioner, Larry Spring, chief financial officer. Let me be clear. I think you guys heard what the Manager said before when we were presenting this item and preparing it and negotiating it before. We had several conversations with regards to this parking garage situation. What we did was, in our last discussion with Mr. Melwani, we were going to add, on the floor -- Commissioner Sarnoff. Okay. Mr. Spring: -- that amendment. Commissioner Sarnoff. And just so -- to maybe enhance his, the failure to go so would be a breach of the extension? Mr. Spring: Yes. Commissioner Sarnoff. Okay. I accept both motions -- I accept both amendments. Chair Sanchez: If he fails, of course, he will be in default. All right. Mr. Melwani: Understood. Chair Sanchez: All right. So -- and just to clam the record, there were -- these provisions set forth in Section 2, there was A, B, and C; we just added D. And then under Section 3 was the one that Commissioner Marc Sarnoff just elaborated on, so that should take care of this. I think we're ready to vote on the item, so -- Julie O. Bru (City Attorney): Mr. Chairman -- Chair Sanchez: Yes. Ms. Bru: -- I need to clarify something before you vote on this item. City of Miami Page 22 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Okay. Ms. Bru: Okay. First of all, with respect to the amendment that was proffered by you. Chair Sanchez: Right. Ms. Bru: The 20 percent cap on the escalation of rent, you want that to apply only to existing leases or leases that will also be entered into from time to time during the next seven years? Chair Sanchez: Right now -- Commissioner Sarnoff. Existing. Chair Sanchez: -- I'm more focused on the existing ones. Vice Chair Spence -Jones: Existing ones. Ms. Bru: Okay. You understand that that doesn't preclude him from canceling all the leases and entering into new leases with -- Chair Sanchez: No. Ms. Bru: -- no cap or no --? Chair Sanchez: I don't think he's going to do that. Ms. Bru: Okay. Vice Chair Spence -Jones: Well, you need to put it on the record. Ms. Bru: Just wanted to make sure that you understood that. Okay. Chair Sanchez: Well, you know, then we need to make sure that -- Mr. Melwani: I just want to state on the record as it -- in regards to the existing leases, Mr. Chairman, Madam City Attorney, I will not do that. Ms. Bru: All right. Chair Sanchez: Or you -- Ms. Bru: So with -- Chair Sanchez: -- will be in front of this Commission, my friend Mr. Melwani: I understand. Vice Chair Spence -Jones: You will not cancel then. Chair Sanchez: All right. Ms. Bru: Okay. And then with respect to the amendment that's been discussed regarding the funding of the garage, it would be my recommendation -- andl discussed this with the Administration -- that there be a number proffered because, otherwise, it might be something to be argued that it's an illusory promise. There's no number. City of Miami Page 23 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Sarnoff. My understanding, that number to be $2 million. Ms. Bru: Okay. Then the number should be put in here in terms of at a minimum or something like that. Commissioner Sarnoff. At a minimum of two -- I'm going to make a -- I'm going to ask the seconder to accept at a minimum of $2 million. Ms. Bru: You said a minimum or --? Commissioner Sarnoff. Minimum. Ms. Bru: Of two, okay. Then that would resolve the issue that I had. Vice Chair Spence -Jones: You have a perplexed look on your face. Commissioner Sarnoff. Who's my seconder? Mr. Melwani: No. Commissioner Regalado: I did. Vice Chair Spence -Jones: Okay. Chair Sanchez: No, no. He's okay with it. Mr. Melwani: I'm cool. Vice Chair Spence -Jones: All right. Chair Sanchez: All right. So based on -- Commissioner Sarnoff. Cool means okay, right? Mr. Melwani: Cool means great. Commissioner Sarnoff. I like that. Chair Sanchez: All right. So, as amended. This is PH 3, as amended, okay. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care ofPH.3. END OF PUBLIC HEARINGS City of Miami Page 24 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 FR.1 09-00363 Virginia Key Beach Park Trust ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST," MORE PARTICULARLY BY AMENDING SECTION 38-233, TO AMEND THE LIMITATION ON TERM OF OFFICE OF THE VIRGINIA KEY BEACH PARKS TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00363 Legislation SR.pdf 09-00363 Summary Form SR.pdf 09-00363 VK Ordinance.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Moving along to next item, which is R -- FR.1. FR.1 is an ordinance on first reading, and it's an ordinance by the Virginia Key Beach Park Trust. Who's going to address us on that? All right. Gene Tinnie: Good morning, Mr. Chair -- Chair Sanchez: It's an ordinance on first reading. Is there a motion? Commissioner Sarnoff. So move. Chair Sanchez: There's a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Sarnoff, second by Commissioner Regalado. You don't need to say anything. It'll come back to us on second reading. We'll pass it on first reading and save some time. Mr. Tinnie: Oh, okay. Chair Sanchez: All right. But I do have to open it up to the public. No comments from the public. The public hearing is closed. No further discussion. We'll address this issue on second reading. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries on first reading. Pamela E. Burns (Assistant City Clerk): Mr. Chair, this is -- Commissioner Gonzalez: I think that -- Ms. Burns: -- an ordinance. City of Miami Page 25 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 FR.2 09-00402 Honorable Mayor Manny Diaz Commissioner Gonzalez: -- was an ordinance. Chair Sanchez: Oh, I'm sorry. Yes. It is an ordinance. Madam Attorney, read the ordinance into the record, followed by a roll call on first reading. Julie O. Bru (City Attorney): Thank you, Mr. Chairman and members of the Commission. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call. Chair Sanchez: Roll call. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: FR.1 has passed on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION 20 AND SECTIONS ESTABLISHING THE EDUCATION ADVISORY BOARD ("BOARD"); AMENDING SECTION 2-892, ENTITLED "'SUNSET REVIEW OF BOARDS;" SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR COMPOSITION, APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM, VOTING, MEETINGS, COUNSEL, STAFF, BUDGET APPROVAL, ANNUAL REPORT, FINANCIAL DISCLOSURE, ABOLITION AND SUNSET REVIEW; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00402 Legislation SR.pdf 09-00402 Memo SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Manager to ensure that through the grant process, the administrative expense to the City ofMiami, together with the employee expense, can be included to ensure there is zero impact to the City's budget. Direction by Vice Chair Spence -Jones to the City Manager to reevaluate existing boards to determine if each are serving a purpose still needed by the City. Chair Sanchez: All right. FR.2 is also an ordinance on second [sic] reading, brought to us by the Office of the Mayor. Anyone to address this item, please -- got to put something into the City ofMiami Page 26 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 record for all those that are watching on TV (Television); they know exactly what we're voting on. Julie O. Bru (City Attorney): This is an ordinance that is being created to provide for an advisory board, an education advisory board that will serve as -- to oversee matters related to the Miami -- City ofMiami education compact. And its goal and objective is to improve and enhance communication between Miami -Dade County Public Schools and the City, to recommend projects to improve and enhance school facilities, and to advise the City Commission regarding matters relating to education, health, safety, transportation, and quality of life issues that affect students. Chair Sanchez: Okay. All right. Is there a motion? Commissioner Sarnoff. Motion. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion by Commissioner Sarnoff, second by the Vice Chair. Before we open it up for discussion, it is an ordinance on first reading. It will come back to us. So for the sake of time, if you want, let's pass it on first reading and we could address it on second reading. All right. It is a public hearing. Pedro G. Hernandez (City Manager): Mr. -- Chair Sanchez: Anyone from the public wishing to address this item? Mr. Hernandez: -- Chair, ifI may. I believe the Mayor wanted to address the Commission on that subject matter. Chair Sanchez: All right. Mr. Mayor, you're recognized for the record on FR.2, which is an ordinance on first reading. Mayor Manuel A. Diaz: Thank you, Mr. Chairman and members of the Commission. As you know, from -- when I first got elected, even though education is not within our jurisdiction and our authority, I thought that everything else that we're trying to do to make our city better has to begin with a good educational system in our city. And so we developed a relationship with the School Board, which is -- you know is evidenced in the education compact, which has been very successful. And I'll just mention a few things to you in terms of what we've been able to accomplish. In 2002, only 10 percent of our schools were either `A" or `B" schools. Today it's over 40 percent. Since 2002, 62 percent of our schools have improved or maintained excellence, and 56 percent of our schools improved a letter grade or maintained excellence from 2007 to 2008. We've secured $2 million worth of grants that have been awarded through the education compact and are serving over 1,500 students in our schools, including our learning zone at Holmes Elementary, our Mentored Minds Matter at Lenora B. Smith, our Miami Youth Council, our Families First Parent Academy, the truancy reduction program, which is wraparound services to students who demonstrate truant behavior. The program is currently in five schools, serving over 500 families, and we hope to expand on that. And of course, all of you remember the Elevate Miami program, where we award computers to students who pass a specially designed curriculum by the Dade County School Board. We've also had a tremendous amount of investment, capital investment, in many of our schools; at Holmes, Jackson, Southside, Citrus Grove, Kinloch Park, Shenandoah, and Coral Way. We've opened new schools; the Young Women Prep Academy, the Young Men's Prep Academy. And we're getting ready to open the High School of Law Studies and Forensic Science. We've done this really through the hard work City ofMiami Page 27 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 of Vivian, who is a City employee. Vivian will continue this work. She will do it through the Parks Department. So, in effect, the creation of this board is really revenue neutral to the City of Miami and provides a service which, as I said at the beginning, is absolutely essential if we're going to build the kind of city that we want to build that we do everything we can to continue working with the school system to improve our schools in Miami. Thank you, Mr. Chairman. I ask for your approval. Chair Sanchez: All right. It is -- Mariano Cruz: Yes. Chair Sanchez: -- open to the public. Anyone from the public wishing to address this item? Mariano. Mr. Cruz: Mariano Cruz -- Chair Sanchez: Good morning. Mr. Cruz: -- 1227 Northwest 26 Street, in Allapattah neighborhood, Miami, Florida 33142-7639. Make sure you have a nine -digit ZIP (Zone Improvement Program) code. You know, I am in favor of anything that's education because, remember, we live in a global economy. And former Secretary of Labor Robert Reich said that the companies are going to the places that they have a good educated labor pool. They don't go to Malaysia because it's cheaper. No. They go to Malaysia because they got people that know about trigonometry, calculus (UNINTET,T IGIBT ,F) because they are -- you have to deal -- they don't have to deal with something just (UNINTELLIGIBLE) there. You have to be educated people, and that what we have to have here, education. A lot of people here, they discriminate themself [sic] with a lack of education. And you know, you see with all the opportunity they got here, you go at nighttime school and who you see there mostly? Haitian people. You know, people that -- Because why? The Haitian people, they're educate -- they come here and they start right away learning English and Spanish, and they don't talk about (UNINTELLIGIBLE) or about anybody there. They worry about here, about United States because they live here. And that's one thing that we got to do about education. The board have to be -- the education board have to be careful not so much about having people with common sense there, not people that like to have their name there to be -- to look good on their resume. Oh, I am a member of the education board. No, people that are willing to work and dedicate time to the community, and that's why -- it's not, oh, I learn -- I was a member -- you know, it looks good when you running for election later on; on the curriculum vitae, you know, good. But you got to make sure you got people that are willing to sacrifice time for the community because (UNINTELLIGIBLE) when you do the common good, (UNINTELLIGIBLE) it goes in your benefit later on. Remember that. 'Cause you do common good to your neighborhood and your neighborhood is better, it's better for you too. Even if you don't see it right away -- no. If we have educated people, we have less people in prison. If we have less people in prison, we have less -- Chair Sanchez: Thank you. Mr. Cruz: -- (UNTET,T IGIBT ,F) people. Okay, good. I am for that. Chair Sanchez: Thank you. Thank you very much. Mr. Cruz: Thank you. Chair Sanchez: Good point. All right. Anyone else from the public? If not, the public hearing is closed, and it comes back to the Commission for discussion. Any discussion on the item? City of Miami Page 28 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Sarnoff. Yes, please. Yes, sir. Chair Sanchez: You -- discussion on the item? Commissioner Sarnoff. Yeah. Chair Sanchez: Commissioner Sarnoff, you're recognized on the item. Commissioner Sarnoff. I support this issue, andl support the Mayor's strive towards education, andl think he's really illustrated a real pitfall in America that education -- every issue we deal with in city government, every issue, I would say, that most state governments and most municipal governments and most county governments deal with is a lack of education, so I applaud this. However, I understand that this is a self -funded -- let's call it self funded board or self funded issue, but want to ensure that this -- because as we add a board to the City of Miami, this next budget cycle we're going to have a very difficult time, andl want to make sure that the new employee, if possible, should be a part of the grant process, and the Administration towards that should be part of the grant process if, for no other reason, so that this has a zero impact to our budget. And I'm not saying that this isn't --I absolutely support this. I just think it can be worked in so that we can continue to speak out of one side of our mouth, which is if we're going to be looking hard at boards -- andl suspect we are in the next budget cycle -- that we at least say we didn't add another board, another layer that when it's going to come to the tough time of budget and we're going to be talking about cutting again -- and there's no doubt, this next budget cycle is going to be huge cuts -- that I'm going to ask the Manager to bring this back and find out if through the grant process the administrative expense to the City ofMiami, together with the employee expense, can be dealt with. Do you understand what I'm asking? Mr. Hernandez: Yes. Commissioner Sarnoff. But I do support this. But I just want to -- I know what's coming. There's a storm coming, and at least -- let's at least have a conversation about the storm coming so that we at least look consistent when we finally get to the budget time. Chair Sanchez: Discussion on the item. Vice Chair, and then we'll address the concerns that the -- Commissioner Sarnoff has. Vice Chair Spence -Jones: From the Commissioner that probably would -- is going to be extremely excited to have this advisory board in place because, as you know, my district probably has, more so than any one of the Commissioners up here, more "F" schools than anybody else, so any kind of support, you know, we could have in place to support our educational systems in the heart of the City, I support 100 percent. While I do agree with Commissioner Sarnoff, you know, we want to make sure that we don't create a situation where this will have some sort of fiscal impact on us in the end. I would like to make the recommendation, though, that -- we have some existing boards, quite frankly, that we spend resources on right now that, quite frankly, have not been used in a proper manner or not really - - they're not active. So maybe one of the things we need to look at is, Mr. Manager, which boards, you know, we need to reevaluate as to whether or not they're even necessary. I know I can think of at least two of them now very seldom have meetings, and when they do have meetings, it's hard for them to get a quorum. I think that we need to really look at the -- because the times have changed, and the issues are very different than what they used to be. I really think that it's extremely important for us to evaluate the existing boards that we have to maybe reduce on those so that this does not impact -- because we're talking about children now and we're talking about people's livelihood so I think that it's extremely important for us to reevaluate that. I don't know how you feel about that, Mr. Manager. Mr. Hernandez: Well, obviously, there's a process in place today to review the function of the City ofMiami Page 29 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 boards, and it's like every two or three years they have to come before the City Commission and show what they have done and justify their existence. But I think that what you're saying is that even beyond that to go ahead and look at the -- all the boards and -- because of the budgetary concerns, to see if we can save in reducing some of those boards. Vice Chair Spence -Jones: Yes. Mr. Hernandez: And we can take a look at it, and we can bring back a recommendation to the City Commission. Vice Chair Spence -Jones: No problem. Mr. Hernandez: In this case, I believe that we only have one staff person that would be funded out of Parks since Parks is the City department that coordinates the most with schools, but I'll be glad, you know, at the request of Commissioner Sarnoff, to take a look at the grants and work with staff and then report back to him on the findings. Vice Chair Spence -Jones: No problem. Chair Sanchez: Madam Attorney. Ms. Bru: Yes. Just -- I wanted to just put on the record that, in fact, your Code requires that between first and second any time that you're creating a new board, there's like a 12 point criteria that the Manager has to prepare a report and report back to you, and some of the criteria includes the comments that Vice Chair Spence -Jones has made, as well as Commissioner Sarnoff. So he has to do that by operation of law. Chair Sanchez: So between first and second -- Ms. Bru: And second Chair Sanchez: -- reading, he comes forth with a fiscal impact. I have one question -- Ms. Bru: It includes the fiscal impact. Chair Sanchez: -- for the Mayor, if you could approach -- and it's to elaborate on how much grant funding we've received from the federal government towards education in the City of Miami. Mayor Diaz: Yeah. It's $2 million. Andl'll -- in response to Commissioner Sarnoffs question, this is -- I think said it was revenue neutral. It's actually revenue positive because not only are we not adding any employees, but through the grants we've been able to secure 90,000 in administrative fees. So it's actually a revenue positive effort. And I'll just finish by saying this. I think -- certainly, I do and think I've heard some of you as well criticize the Legislature and our esteemed legislators and sometimes our federal government about cuts in education. Andl think as we go through difficult times and we have to make cuts, we always prioritize things like public safety because we have an obligation to keep our citizens safe, andl would say education. I mean, as bad as things are, they're going to be a whole lot worse in the future if we don't pay attention to the educational system of our children. Chair Sanchez: All right. Any further discussion? If not, the intent is to what, approve on first reading and have the City Manager get with the legislative body as to the funding on second reading? Is that it? All right. I haven't spoken on the item, but I'll tell you this much. Although education, the burden doesn't fall on city government, city governments do play a very important role in educating. And education starts at home, starts with our children. And if you look at the City of Miami Page 30 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 City and the funding that we get, the $2 million, we use a lot of those fundings towards mentor programs, towards after -school programs in the City; and it is important to have a board such as this that could focus on bringing us even more grant money that we could use and partner up with the School Board. One of the things that people are very concerned with is that the right hand sometimes doesn't know what the left hand is doing in the School Board. And we do have the chairman of the School Board here today. Sometimes I don't know what's happening the School Board, and it's important for local governments to know exactly what's happening with our educating system in our county. So it's important to have a board liaison or a board to report back to the Commission as to things that we could work towards together to improve educating -- Mariano, you've been coming in front of this Commission for God knows how long, andl could tell you today you made an excellent point about how important it is to have an educated workforce to be able to educate our children and give them that extra edge. Because as we sit here today, other countries around this great world of ours are pushing to make sure that their children, their next generation is going to be able to compete throughout the world, and it is a competitive world out there today, and it's going to get more competitive. And if local government cannot work with the School Board and the state and the federal government to work together and make sure that we accomplish one thing -- and that is to give our children the best education possible. I command [sic] the Mayor and his initiative for creating this board because I think, at the end of the day, we will be benefiting from the fruits that this board will produce. So having said that, we'll vote on it on first reading. It'll come back to us on second reading. We will have that information provided from the Administration as to the fiscal impact that it will have to the City. All right. There's been plenty of discussion on this item. It is an ordinance on first reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Pamela E. Burns (Assistant City Clerk): Roll call. Chair Sanchez: Roll call. A roll call was taken, the result of which is stated above. Chair Sanchez: At this time, I'll be passing the gavel to the Vice Chair. END OF FIRST READING ORDINANCES City of Miami Page 31 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 RESOLUTIONS RE.1 09-00366 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing TERMINATION OF THE INVITATION FOR BID CONTRACT NO. 70054, WITH FISHER SCIENTIFIC COMPANY L.L.C. AND LABSOURCE, INC, PURSUANT TO SECTION 2.29, B., "TERMINATION FOR CONVENIENCE"; ACCEPTING THE BIDS RECEIVED FEBRUARY 3, 2009, PURSUANT TO INVITATION FOR BIDS NO. 107067,4, FROM VARIOUS LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE RE -PROCUREMENT OF WORK AND LATEX GLOVES (INCLUDING ADDITIONAL GLOVES NOT CONTAINED IN THE PRIOR BID CONTRACT), ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00366 Legislation.pdf 09-00366 Summary Form.pdf 09-00366 Corporation.pdf 09-00366 Corporation 2.pdf 09-00366 Corporation 3.pdf 09-00366 Award Recommendation Approval Form.pdf 09-00366 Tabulation of Bid.pdf 09-00366 Invitation for Bid.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0195 Vice Chair Spence -Jones: Okay. We're going to move on to RE.1. Glenn Marcos: Good morning, Commissioner. Glenn Marcos, Purchasing director. RE.1 is an item that's seeking approval by the City Commission, and it's seeking to -- basically, two approvals. One is to terminate the contract for the work and latex gloves with Fisher Scientific and Labsource, Inc., and it's awarding a new contract for the same. And the term of the contract is for two years with options to renew for two additional one-year periods. As far as the seeking of the termination of the current contract, let me just get into detail as far as why we're seeking termination. Both providers went ahead and requested for the City to increase the work and latex gloves due to the fact that these work and latex gloves are petroleum -based products. And at the time that they ended up requesting for the increase, we ended up looking into commodity -- into the petroleum -based commodity, and it showed that that commodity, the pricing were going -- was going down. Apparently, what they did was they ended up having these work and latex gloves in inventory and they stocked it up and they ended up procuring it during a time in which price increases were going up. That's their claim. We couldn't verin, that claim, and we denied that claim. We amicably agreed to walk away from the contract, and then we ended up reissuing a new contract. City of Miami Page 32 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Sarnoff. So move. Vice Chair Spence -Jones: I have a motion. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: I have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.2 09-00295 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY Technology MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL 75163 ISSUED JUNE 6, 2008 ("RFP") THAT THE PROPOSAL SUBMITTED BY BELLSOUTH COMMUNICATION SYSTEMS, LLC D/B/A AT&T COMMUNICATIONS SYSTEMS SOUTHEAST ("AT&T') IS RESPONSIVE TO THE RFP REQUIREMENTS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH AT&T, FOR THE PROVISION OF NETWORK BACKBONE EQUIPMENT MAINTENANCE, FOR A PERIOD TO TWO (2) YEARS, WITH OPTION(S) TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY AND BUDGETARY APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE AND TO EXECUTE, SUCH FURTHER RELATED AGREEMENTS AND AMENDMENTS FOR THE NETWORK BACKBONE EQUIPMENT MAINTENANCE SYSTEM, PROVIDED THAT SUCH RELATED AGREEMENTS AND AMENDMENTS ARE IN ACCORDANCE WITH THE RFP, ARE AT NO ADDITIONAL COST TO THE CITY, AND DO NOT EXTEND TIME. City of Miami Page 33 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 09-00295 Legislation.pdf 09-00295 Exhibit.pdf 09-00295 Summary Form.pdf 09-00295 Memo.pdf 09-00295 Evaluation Form.pdf 09-00295 Request for Proposals.pdf 09-00295 Backbone Maintenance Proposal.pdf 09-00295 Addendum NO. 1.pdf 09-00295 Report.pdf 09-00295 Master Agreement.pdf 09-00295 Scope of Work.pdf 09-00295 Technical Solution.pdf 09-00295 Equipment - Services.pdf 09-00295 Servers Proposal.pdf 09-00295 Software Support.pdf 09-00295 Monthly Pricing 1.pdf 09-00295 Monthly Pricing 2.pdf 09-00295 Technician Rates.pdf 09-00295 Service Request.pdf 09-00295 Smartnet Service.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0196 Vice Chair Spence -Jones: RE.3. Commissioner Gonzalez: RE.2. Commissioner Sarnoff. 2. Vice Chair Spence -Jones: RE.2. Staff. Peter Korinis: Good morning, Commissioners. Peter Korinis, chief information officer. RE.2 requests your approval to enter into a network maintenance contract with AT&T (American Telephone & Telegraph). Our current contract is with Unisys. The purpose of this is to maintain our network equipment, to upgrade it, and especially to troubleshoot and to fix the network equipment when there's a problem. Network equipment, for your information, are things like routers and switches and telephone switches in the various buildings throughout the entire City. What we're doing this year is a little different than what we've done in the past contract, which is we are going to enter into this contract just for our mission critical systems and network equipment rather than all of our network equipment, as we've done in the past. By doing this, we expect to save about $100, 000 a year, and we will, in fact, replace the equipment -- the lesser equipment that would happen to break during the year ourselves out of our budget. Commissioner Gonzalez: Move RE.2. Vice Chair Spence -Jones: We had a motion. Commissioner Sarnoff. Second for discussion. Vice Chair Spence -Jones: And we have a second for discussion. You're recognized, City of Miami Page 34 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Sarnoff. Commissioner Sarnoff. This -- Mr. IT (Information Technology), this has nothing to do with the telephone system, but it is a question that I have because I think have never failed to vote for any of your requests for information technology, including a $20 million request, I think, about four months ago. And my understanding is that all this computer and all these new technologies and all these new buttons you get to push and all these levers you get to pull and everything you get to do, yet simple things that I was told would happen like, for instance, we were going to have a quality assurance which was going to give us a criticism or a peer review of every department in the City, and I'm told, well, the computer's not up and running to do that. And I'm just sitting here 'cause I'm just a little curious 'cause I don't think I've ever failed to vote for one ofyour requests. Mr. Korinis: Thank you, sir. Commissioner Sarnoff. I asked for impact fees, andl was told, well, the computer's not up and capable of doing that. How many more millions of dollars do I have to vote for before you're capable of giving me a report back on various City services? Mr. Korinis: It's a difficult question to answer, Commissioner. But what -- Commissioner Sarnoff. It is, but it's a difficult position to be in as a Commissioner. Mr. Korinis: I understand, sir. What I would say is the new systems that we're putting in that in fact are being funded through the $20 million Sunshine loan that you approved are -- the two major ones are our ERP (Enterprise Resource Planning) system and our land management system. Both of those will have major enhancements and capabilities such as you've just described, which is the ability to provide better reporting and to provide better analysis into the data that we have. Those two systems are coming online in pieces over the next couple years, so incrementally there will be improvements that will come, and we will be better able to respond more quickly once those systems are in rather than now, which is a rather lengthy process in many cases. Commissioner Sarnoff. So sitting here as one of the Commissioners who I think helped push your issue of $20 million, which is a loan, by the way, which means the citizens have to pay that back, when do I sit here comfortably knowing that you have at your fingertips, as you described to me, all this information? A year out, two years out, ten years out, seven years out? Mr. Korinis: Sir, we should have the majority of our ERP system up and working next year, 2010, including the budget piece and the HR (Human Resources) piece by the end of 2010. Land management will be a little bit longer. Commissioner Sarnoff. You said the end of 2010? Mr. Korinis: If you -- including the budget piece, yes, by the end of 2010. Probably sooner than that, butt don't want to -- Commissioner Sarnoff. Okay. Mr. Korinis: -- say for sure. And then secondly, the land management system, we will have the building component of that, which, in large measure, may answer some of those questions you're addressing, next spring, followed by planning and zoning and several other components. Commissioner Sarnoff. Let me ask this specific question. It's one of curiosity to me. The City Manager -- I think it was within a month or two of becoming elected -- issued some sort of a City of Miami Page 35 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 memorandum that indicated that he was going to have the ability to do some sort of quality assurance for each department in the City ofMiami. Has that ever been implemented? Mr. Korinis: Sir, is that Citistat? Pedro G. Hernandez (City Manager): I think that -- Commissioner Sarnoff. Does that have to do with --? Mr. Hernandez: -- the Commissioner is referring, Larry, to the balanced scoring card. Larry Spring (Chief Financial Officer): Yeah. Commissioner Sarnoff. Yeah. Mr. Korinis: Sir, we have the balanced scorecard implemented. The data is in there. You're able to go to a Web site and be able to drill down on various components and see the results I think you're asking about, which is performance over various time periods for various -- Commissioner Sarnoff. So that's not a computer issue? Mr. Korinis: Well, there is a computer implementation to do it, and there's data collection that goes to feed that computer system, but that's -- Commissioner Sarnoff. That's already -- Mr. Korinis: -- available. Commissioner Sarnoff. -- that's online and available? Mr. Spring: Larry Spring, chief financial officer. Commissioner, I know that you've recently put in some very specific requests. One of the issues with one of your requests -- andl know we responded -- we don't have it because we don't collect the data that way. Specifically, expenditures down to office supplies and things of that nature chopped up by district, we don't have that because we don't spend that way. Andl don't want you to be misguided. Commissioner Sarnoff. Okay. Mr. Spring: We won't have that still because we don't spend that way. We could, however -- you could come up with a -- and I've done this in other companies -- cost allocation formula that we would jointly develop and have that ride over the data. So you take all of the data and just come up with a formula to chop it up, but for it to be truly what -- you know, consistent with the request that you had, you know, that's a very difficult -- Commissioner Sarnoff. Okay. Mr. Spring: -- accomplishment, and I don't want you to think you'll have all of that. Commissioner Sarnoff. I just sit -- Mr. Spring: A lot of the other things you will have. Commissioner Sarnoff. Right. I just sit here in a bit of curiosity certainly wanting -- I want us to be IT as capable as any city in America, and l just want to know when those capabilities come online. I fully intend on voting for this. It was just my intention to find out -- City ofMiami Page 36 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Spring: Where we are. Commissioner Sarnoff. -- yeah, where we are, and 20 million seems like a lot of money to spend on computer software. And it just seems like I'd like to know that you guys can start pushing buttons and things can happen. Mr. Hernandez: Commissioner, ifI -- yeah, I know that a few years back think the City of Miami was basically, I think, at ground zero or -- as far as technology. And based on the IT plan that we have implemented over the last few years, we have made significant improvements, but they also take looking at the business process, and you also have to improve the business process to then computerize them. It's taken longer than I wanted, but I think that we're making the progress to have the kind of information that you will like to see by pressing a button, by having it at your fingertips. Commissioner Sarnoff. Okay. Mr. Hernandez: And we're making -- or taking the steps, so the information relative to impact fees -- that we can get it like that rather than have to do a special search. Commissioner Sarnoff. Andl might ask this question every quarter. Mr. Hernandez: By the way, yesterday -- I have to commend Peter. There was a -- it was Technology Day yesterday at the MRC (Miami Riverside Center), which was open to the public, and it showcased the things that we're doing at the City, plus other things of the future that will help us maintain our pace with other cities. There was a computer -- Police Department today has the ability to do electronic ticketing, and -- which is quite amazing. One of my children brought me an example home recently, so -- for me to become aware of it, except that it was the real thing. So I know that they now have that ability. So we're moving forward. And Peter, you know, we have to keep pressing on. Mr. Korinis: The other thingl would add, Commissioner, is as we put our new systems in, we are more able to rapidly respond to requests. In the older mainframe systems, it's very difficult to make those kind of changes. With the new systems, if you have a request like you're requiring now, we should be much more capable of answering it more quickly. Commissioner Sarnoff. And l just want to say to the Manager, touche. Vice Chair Spence -Jones: So we had a motion and a second on this item. Any other questions? Commissioner Regalado -- Commissioner Regalado: Question. Vice Chair Spence -Jones: -- you're recognized. Commissioner Regalado: Brief question. Mr. Manager, the Sunshine loan that we approved, it's $37 million, right? The loan, the Sunshine loan. Mr. Hernandez: It was -- I think it was 20. Mr. Korinis: Twenty million for the IT modernization, sir. Commissioner Regalado: No, no. I know, but my understanding was, Larry, that we took the Sunshine State loan for 37 million. Is that a different loan? City of Miami Page 37 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Spring: Yeah. We've -- over the years, the City has utilized that Sunshine State pool for different capital needs of the City, so we've -- Commissioner Regalado: So -- Mr. Spring: -- done several different pieces. Commissioner Regalado: -- this one -- Mr. Spring: The last one -- prior to the 20 million, there was a $47 million -- Commissioner Regalado: Okay. Mr. Spring: -- piece. That's -- Commissioner Regalado: So -- Mr. Spring: -- but that's being used for all of the City capital projects, parks and a bunch of things. Commissioner Regalado: So this 20 million is only for IT? Mr. Spring: This 20 million was specifically requested from the Sunshine State Loan Committee for the ERP project as a whole. Commissioner Regalado: And needs to be repaid when? Mr. Spring: We have -- I want to say the -- Commissioner Regalado: 2013, right? Mr. Spring: No. I think it's 17, but then we can refund that amount or -- Commissioner Regalado: Okay. Mr. Spring: -- refinance that amount. Commissioner Regalado: Thank you. Mr. Spring: All right. Vice Chair Spence -Jones: So we had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.3 09-00187 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 20,594 SQUARE FEET, OR 0.473 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3301 City of Miami Page 38 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ADDITIONAL PARKING FOR THE LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, AND PROVIDING FOR THE CANCELLATION OF THE EXISTING REVOCABLE PERMIT SIMULTANEOUSLY WITH ENTERING INTO THE AGREEMENT, WITH ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00187 Legislation.pdf 09-00187 Exhibit.pdf 09-00187 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0205 Vice Chair Spence -Jones: We move on to RE.3, andl believe staff should be -- Madeline -- I'm assuming we can deal with these two issues 'cause these are revocable -- and let me just say this to you, Madeline, because I know that you have worked extremely hard on addressing this issue, andl definitely want to commend you for your hard work. By all means, I do not want to throw out -- Madeline Valdes (Acting Director, Public Facilities): Thank you, Commissioner. Vice Chair Spence -Jones: -- any of the good work that you've done. I just want to make sure that there's clarity, and it seems like sometimes there's like three different drum majors, and it's hard for you to decide which one to follow. So I just want to be clear before I vote on anything, so I just wanted to publicly acknowledge that 'cause I know you've been working hard to get it done. Ms. Valdes: Thank you, Commissioner. Vice Chair Spence -Jones: All right, no problem. Ms. Valdes: It's RE.3 and RE.4. If we can hear those in the afternoon. Vice Chair Spence -Jones: Oh, you would rather wait for the -- 3 and 4 in the afternoon? Okay. Ms. Valdes: That's correct because they're -- Vice Chair Spence -Jones: No problem. Ms. Valdes: -- companion to the other one. Vice Chair Spence -Jones: No problem. Pedro G. Hernandez (City Manager): They should be together, Commissioner. City of Miami Page 39 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: No problem. Okay, no problem. Ms. Valdes: Okay. Commissioner Regalado: Madam Chair? Vice Chair Spence -Jones: Yes. You're recognized. Commissioner Regalado: How long have you been --? I think have been briefed by you and the Manager on this two or three times, right? Ms. Valdes: Yes, Commissioner. Commissioner Regalado: And there was -- there were changes, and you put us up-to-date on the different changes and what you requested, what the City requested, and -- so the final briefing said we're going to get this as it was in the beginning 'cause the garage was out. That's the last talk that you have with this gentleman from the marina, right? Ms. Valdes: That is correct. Commissioner Regalado: So my question is, why did you change your mind from last briefing to yesterday? Mr. Hernandez: Commissioner, this is not just an issue ofyesterday. We have been discussing this at the same time that we have been working on what's the best way to do, as Commissioner Sarnoff called it, the midterm improvement; what's the best way to do it. But at the same time, I think it's my responsibility to make this Commission aware that today we have an opportunity to look at the master plan and start a new process that will yield a first-class, state-of-the-art facility at that location, which is what the citizens deserve. I think that I have to -- Commissioner Regalado: I know. Mr. Hernandez: -- make you aware that we have an opportunity today. Commissioner Regalado: I know, but -- Mr. Hernandez: Andl have to bring it up and -- Commissioner Regalado: -- I mean -- but -- like you know how important is your time and less important is my time -- Mr. Hernandez: No. Commissioner Regalado: -- so we discussed this for hours and hours and hours and you never came up with your concern about -- that we should reject this. All along on these hours of briefings, we were talking about changes and better things that Madeline got for the City, so I'm surprised. Not only I'm surprised, I'm suspicious. Mr. Hernandez: No. Commissioner, I think that the -- Madeline and the staff have been working on this for, I would say, two years, and the way this looks today, which is closer to the midterm or the mid -- what do you -- yeah, midterm? Commissioner Sarnoff Just midterm thinking -- City of Miami Page 40 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Hernandez: Midterm. Commissioner Sarnoff. -- is what I call it. Mr. Hernandez: -- it's far different than what this looked, I would say, months ago because the Commissioner also -- Commissioner Sarnoff -- has a vision of not only the Rickenbacker Marina, but how the Rusty Pelican interacts with the marina and how we best serve the public. And had discussed with him the issue of a parking garage that needed to be integral to the good use of all this land, and the master plan places a garage at the -- what we think is the ideal location. The Commissioner has told me that, well, we -- you know, we don't live in a perfect world, and there is an opportunity here through this midterm improvement to have a garage at the other end. That is not ideal because you have to shuttle people back and forth to the Pelican, and that's -- those are issues that I wanted to bring up, that if you were to do it right, you will have the garage at the entrance to that driveway so on a beautiful day like today, you can -- instead of taking a shuttle, you could actually walk along that bay walk all the way from the garage to the Rusty Pelican. It will be inviting. It will be ideal. That's the vision. And you know, I think the Commissioner has told me that that's good. He agrees on the vision, but that he feels that we should be doing something now as a midterm. So I -- it's not an easy question, and that's why I wanted to share this with you that we have been struggling with the thought of the midterm improvement compared to the opportunity of starting the new vision today. Commissioner Sarnoff. And to be quite frank with you, Commissioner Regalado, I think the Manager has been in not less than nine meetings with me regarding this. We started with the Pelican. Mr. Hernandez: Right. Commissioner Sarnoff. And just so you all know, the Pelican first flew down here, and I think they were offering to put $1.5 million into their facility. And I'll make a long story short. After turning our back on them -- was the most historic thing I've ever done. I asked a man to leave my office -- they have now come up with up to $14 million, I believe, in renovations in that building, which is a -- that's not just a facelift; that's a rebuilding. They have greened the parking lot by taking out more than half of the parking surface lot car uses. They are going to put a beautiful walk right on the waterway. That's going to -- we believe -- andl call it mini master planning with the Manager -- we got them to go all the way to this particular marina. This marina picks up with the walkway. So, you know, I want you all to know a lot of thought process went into this and, you know, my mere observation on government in my three years of being here, I've never seen anything move more slowly than government. And l just don't believe in my heart of heart and my mind of mind that this master plan will be accomplished. I believe a shovel in the ground within seven years. Now the Manager may disagree with me. All I'm saying is sometimes you're better served at getting something done now that really does fit your long-term vision -- maybe not perfectly, but 90 percent. Thank you. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: Okay. I believe, Mr. Chairman, we had -- we've decided to table 3 and 4 based upon the Administration's recommendation so that all items can be taken. So we are now actually on RE. 5. Chair Sanchez: All right. So for the record, RE.3 and RE.4, both resolutions, are being tabled to the afternoon. [Later..] Commissioner Sarnoff. We have to do RE (Resolution) -- City of Miami Page 41 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Now we have to go to -- Commissioner Sarnoff. -- 3 and 4. Chair Sanchez: -- RE. 4. Ms. Valdes: RE.3. Commissioner Sarnoff. 3 and 4. Chair Sanchez: RE.3 and 4. Well, RE.3 and 4 should not be a problem. Commissioner Sarnoff. Right. Vice Chair Spence -Jones: So moved. Chair Sanchez: No, no, no, no, no. Mr. Hernandez: Mr. Chair. Chair Sanchez: Yes. Vice Chair Spence -Jones: I mean, we went through it already. Chair Sanchez: Yes. Vice Chair Spence -Jones: Oh, you have a problem with this? Mr. Hernandez: No, no, no, no. Just a comment. Now that we're past PH.3 and there is a garage to be constructed, this RE.3 deals with the 22,000 square feet of parking that they've been using, so I would like to bring to the Commission's attention that we should consider that once the parking garage is completed, that the 22,000 square feet, or at least a portion of it along the bay, be converted to bay walk, green space, et cetera. Commissioner Sarnoff. And to enhance what you're saying, how do we motivate him and Pelican to get the garage built as quickly as possible? I think the way you do it is putting a short fuse in there. Am I right? Mr. Hernandez: I -- Commissioner Sarnoff. If you take away his parking, he's motivated to get the garage built. Mr. Hernandez: That's an excellent point. Commissioner Sarnoff. So somebody help me with this. Julie O. Bru (City Attorney): RE.3 is a revocable license. It's not a lease. A revocable license -- Commissioner Sarnoff. I apologize for using the wrong term. If you can -- Ms. Bru: Yeah. We can terminate -- Mr. Hernandez: In 30 days. City of Miami Page 42 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Bru: -- with 30 days' notice. Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. Well, I think we should put something on the record that this is going to be for a one-year basis 'cause -- and we'll look at it again in a year; that this Commission bring it back in year. Because the only way to motivate these guys to do something is for them to think they're going to lose something. Andl agree with you, Mr. Manager, they should then be required to put it back in a green condition or a bay walk condition. Mr. Hernandez: Right. We need continuity along the bay. Since the Rusty Pelican will be constructing a section going towards the restaurant, we need to have that continued towards the marina. Commissioner Sarnoff. So would you say then that the resolution should contain -- that this should be for a one -- for no longer than a one-year period an restoring it back -- we're not restoring it -- putting in the same condition as the Rusty Pelican's walkway? Mr. Hernandez: Right. I would say that's the parking that runs along the driveway going to the Pelican, around the bend. Ms. Valdes: That's correct. Yes. Mr. Hernandez: Ideally, if possible, we would like to see the whole area become open space with a bay walk along the edge of the water. Vice Chair Spence -Jones: Yeah. Madeline, what's -- okay, while they're looking at that -- the estimated time for them to be -- start building this garage? Do you know the estimated time frame? Commissioner Sarnoff. You should -- Mr. Melwani: It's -- Commissioner Sarnoff. -- I mean, between Pelican and you, you -- Mr. Melwani: Yeah. Commissioner Sarnoff. -- could be done, even in City ofMiami parlance, within 14, 15 months. Mr. Melwani: Probably. That sounds about correct. Vice Chair Spence -Jones: But -- I mean a estimated start time. Mr. Melwani: Yeah. Vice Chair Spence -Jones: When -- do you know when you're --? Mr. Melwani: Oh, the start time would be -- you know, we could start permitting this thing or start getting it designed tomorrow. Commissioner Sarnoff. And put people to work. Vice Chair Spence -Jones: Yeah, I like that. Madeline, you have something you want to say? City of Miami Page 43 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Valdes: No. Fine. Commissioner Sarnoff. All right. So I'll make a motion to approve RE.3 with the -- well, I'd like to have my comments incorporated as well, that this be placed in a walking condition of similar nature and pattern to that of Rusty Pelican's. Ms. Valdes: We'll do that. Commissioner Sarnoff. All right. Vice Chair Spence -Jones: Okay. Commissioner Regalado: Second. Vice Chair Spence -Jones: So we had a motion and a second. Commissioner Regalado: Second. Vice Chair Spence -Jones: What's -- all in -- any comment --? Chair Sanchez: It's a resolution, right? All in favor -- Vice Chair Spence -Jones: All in favor? Chair Sanchez: -- say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Pamela E. Burns (Assistant City Clerk): And we will show that item as amended. Chair Sanchez: As amended. All right. RE.4 09-00188 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 1,440 SQUARE FEET, OR 0.033 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING A BOAT LAUNCHING RAMP FOR LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $4,500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH TEN PERCENT (10%) OF THE AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. City of Miami Page 44 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 09-00188 Legislation.pdf 09-00188 Exhibit.pdf 09-00188 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0206 Chair Sanchez: What other items do we need to take care of? Commissioner Sarnoff. 4, I think. Chair Sanchez: RE.4. RE.4 is also a resolution. Vice Chair Spence -Jones: The boat launch. Staff. Madeline Valdes (Acting Director, Public Facilities): RE.4 is a resolution authorizing the City Manager to enter revocable license agreement with Rickenbacker Marina for the boat launching area. It provides a monthly fee of $4,500 to the City and that monies -- 10 percent of those monies were to be reserved in a special account. We're asking that this item be modified where all of the monies be placed into the special account for capital improvements. Commissioner Sarnoff. So moved. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion and a second. It's a resolution. Any discussion on the resolution? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the sail right, say "nay." Motion carries. That takes care of all those items. Pamela E. Burns (Assistant City Clerk): Mr. Chair, would that also be as modified? Chair Sanchez: As modified. All right. Commissioner Sarnoff. Make us proud. Mr. Melwani: Thank you for your time, everyone. Chair Sanchez: Thank you. Vice Chair Spence -Jones: All right. Chair Sanchez: Hopefully, we won't see you in front of the Commission. We'll see you at the marina. All right. Mr. Melwani: Take care. Chair Sanchez: Okay. City of Miami Page 45 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 RE.5 09-00400 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A PARTIAL SETTLEMENT IN THE CASE OF CITY OF MIAMI AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. MIAMI-DADE COUNTY, CASE NO. 07-46851 CA 31, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CONVEYING CERTAIN PROPERTY FOR THE EXPANSION OF THE LYRIC THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY. 09-00400 Legislation.pdf 09-00400 Exhibit 1.pdf 09-00400 Exhibit A.pdf 09-00400 Exhibit B.pdf 09-00400 Exhibit C.pdf 09-00400 Exhibit A 2.pdf 09-00400 Exhibit D.pdf 09-00400 Exhibit A 3pdf 09-00400 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0197 Chair Sanchez: All right. We'll take up RE.5. Vice Chair Spence -Jones: Lyric Theater. Chair Sanchez: RE.5 is a resolution. It -- Julie O. Bru (City Attorney): Mr. Chairman -- Chair Sanchez: -- pertaining -- it comes to us from the Office of the City Attorney. Ms. Bru: Right. This is seeking your approval to enter into a partial settlement of a lawsuit that's ongoing between the City, the County, and the CRA (Community Redevelopment Agency). This deals with the reverter litigation. This would effect a release of a portion of Block 36, and we would be able to then transfer that property to the Black Archives. Vice Chair Spence -Jones: So moved. Ms. Bru: Okay. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: All right. It's a resolution. Resolution does not require a public hearing, folks. Okay, so it is a resolution. There is a motion and a second. We are on RE.5. It is open for discussion from us. Hearing -- discussion? City of Miami Page 46 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: Yes. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Mr. Chairman, I just want -- I see the staff of the Lyric Theater here. I just want to say congratulations. At least this is a first step of the many steps that you guys have to take in order to take the theater to the next level. I wanted to publicly at least acknowledge you guys for pushing very hard. I know it's been a long, long, long, long road. I do have the CRA director here. Jim, I don't know if there's anything you want to officially put on the record or you're happy with all of this. You guys have found a happy medium, right? Chair Sanchez: Finally. James Villacorta: Yes. James Villacorta, director of the City of Miami's Community Redevelopment Agencies. Yeah. This item has been passed at the CRA Board. The CRA was in the process of replatting this property to convey it to the Lyric Theater for the expansion of the theater prior to the reverter litigation being instituted. Vice Chair Spence -Jones: So it comes highly with your recommendation? Mr. Villacorta: It is recommended by the CRA. Vice Chair Spence -Jones: Highly. Mr. Villacorta: Highly recommended. Chair Sanchez: All right. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Villacorta: Thank you. Ted Bachan: Thank you. Chair Sanchez: You're welcome. RE.6 09-00417 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Capital ACCEPTANCE OF A GRANT FROM THE SOUTHEAST OVERTOWN/PARK Improvements WEST COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO Program EXCEED $1,000,000, FOR THE RENOVATION OF GIBSON PARK LOCATED AT 401 NORTHWEST 12 STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. 09-00417 Legislation.pdf 09-00417 Summary Form.pdf 09-00417 Memo.pdf 09-00417 Pre Legislation.pdf 09-00417 Map.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 47 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0198 Chair Sanchez: All right. Vice Chair Spence -Jones: RE (Resolution) -- Chair Sanchez: We move on to RE. 6. RE. 6 is also a resolution. This resolution comes to us from the Department of Capital Improvement [sic] Program. Ola Aluko (Director, Capitallmprovements): Good morning. Chair Sanchez: Sir, you're recognized for the record. Mr. Aluko: Ola Aluko, director of Capital Improvements, City of Miami. Commission, RE. 6 is a resolution of the City ofMiami Commission authorizing the acceptance of a grant from the Southeast Overtown/Park West Community Redevelopment Agency, in an amount not to exceed $1 million, for the renovation of Gibson Park. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: All right. There's a motion and a second. Motion was made by the Vice Chair, second by Commissioner Gonzalez. It is a resolution, not requiring a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Aluko: Thank you. Vice Chair Spence -Jones: Just once again, Mr. Chairman, I'd like to thank the Board for supporting Gibson Park. Again, CIP (Capital Improvements Program) has done a great job with moving the project forward. And thanks to CRA (Community Redevelopment Agency), we're able to really take it to the next level. So thank you very much. Mr. Aluko: Thank you. RE.7 09-00289 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT ("FOURTH AMENDMENT), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO GROUND LEASE ( "AGREEMENT TO ENTER") AND TO THE GROUND LEASE "GROUND LEASE"), BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), TO PROVIDE FOR: (1) PHASED DEVELOPMENT ON A COMPONENT BY COMPONENT BASIS; (2) EXTENDING THE CONSTRUCTION PERIOD FROM THIRTY-SIX (36) MONTHS TO SIXTY (60) MONTHS; (3) PRO -RATED PHASED DEVELOPMENT RENT, IN ADDITION TO THE CONSTRUCTION RENT OF ONE MILLION DOLLARS ($1,000,000) A YEAR; (4) CERTAIN MILESTONE City ofMiami Page 48 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 DATES IN THE TIMELINES FOR CONSTRUCTION COMMENCEMENT AND OTHER DEVELOPMENT MATTERS; AND (5) SECURITY DEPOSIT(S) ON A COMPONENT BY COMPONENT BASIS; FURTHER AUTHORIZING THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY TO NEGOTIATE AND TO EXECUTE SUCH FURTHER AMENDMENTS TO THE AGREEMENT TO ENTER AND TO THE GROUND LEASE, AS MAY BE NECESSARY FROM TIME TO TIME AND TO ACCOMPLISH CONSTRUCTION ON A COMPONENT BY COMPONENT BASIS, PROVIDED THAT SUCH AMENDMENTS ARE NOT SUBSTANTIAL AND (A) ARE IN ACCORDANCE WITH THE MEGA YACHT MARINA AND MIXED USE WATERFRONT DEVELOPMENT REQUEST FOR PROPOSALS AND ALL ADDENDA THERETO; (B) ARE IN ACCORDANCE WITH THE VOTER REFERENDUM OF NOVEMBER 6, 2001; (C) WOULD RESULT IN NO REVENUE REDUCTION TO THE CITY; AND (D) WOULD NOT EXTEND THE CONSTRUCTION PERIOD PAST THE SIXTY (60) MONTH PERIOD. 09-00289 Legislation.pdf 09-00289 Exhibit.pdf 09-00289 Summary Form.pdf 09-00289-Submittal-Stephen Herbits.pdf 09-00289-Email-Joshua Stein.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0207 A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to allow a public hearing on item RE.7. Direction by Vice Chair Spence -Jones to the City Manager to ensure that the Flagstone project will utilize local labor pools and local businesses during its construction. Chair Sanchez: Okay. We move on to RE.7. RE.7 is also a resolution, which does not require a public hearing, and this comes to us from the Department of Public Facility [sic], and this is to execute the fourth amendment. Madeline Valdes (Acting Director): Good morning. Madeline Valdes, Department of Public Facilities. RE.7 is a resolution authorizing the City Manager to execute a fourth amendment to the agreement to enter into a ground lease and to the ground lease with Flagstone Island Gardens, LLC (Limited Liability Company). It provides for a phase development on a component -to -component basis. It extends the construction period from 36 months to 60 months. It provides for a prorated phase development rent in addition to the $1 million we receive in construction rent. And it provides for certain milestone dates and timelines within the construction period. And in terms of the secure deposit, it provides for a component -for -component basis for the secure deposit. It also provides the Manager with the further authorization, after consulting with the City Attorney, to negotiate such other further amendments as necessary, as along as they're in compliance with the original RFP (Request for Proposals) and with all the addendas [sic] that were added to the RFP and in accordance with the referendum. Due to the collapse in the financial market, Flagstone has come to the City and has requested that we amend the ground lease and the agreement to enter in order to provide them with an opportunity to seek financing for the rest of the development. Flagstone has provided to the City evidence that it has closed on the marina component financing and is further seeking financing on the rest of the development. This will assist them in that. City of Miami Page 49 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: All right. We need a motion and a second for the purpose of discussion. There is no public hearing on this. Stephen Herbits: May I address the Commission? Chair Sanchez: No, sir. It is a resolution. It's no public hearing on this item. This item has been -- Commissioner Sarnoff.. Can I request public hearing? Chair Sanchez: -- addressed -- You get three votes. Commissioner Sarnoff.. I'd like to make a motion for public hearing. Vice Chair Spence -Jones: Second. I don't have a -- Commissioner Regalado: Second. Chair Sanchez: All right. All in favor for a public hearing? The Commission (Collectively): Aye. Chair Sanchez: All right. It's a public hearing. Mr. Herbits: Thank you. My name is Stephen Herbits. I'm a resident of 1000 Venetian Way, in Miami, Florida. I'll make a very brief statement, and I've given copies of the statement to the Clerk's office. I'm asking the Commission to reject the proposed fourth amendment and to issue a new RFP for the use of one of the last public spaces left in Miami center. My comments apply to Flagstone's request to modin, its agreements with the City and does not imply criticism of the past agreements. Granting 60 more months in financial concessions to the Flagstone group, who has failed to meet its commitment to the City for these many years, is the equivalent of giving Flagstone a no -cost option, a benefit to one company while others are denied the opportunity to present what they may believe to be a better version of this new project for the City. Let there be no mistake, Flagstone's failure to meet the terms of the initial agreement occurred long before the current financial crisis and at a time when development in Miami was robust and credit was readily available. The credit community has already voted by its repeated unwillingness to provide required loans for this project. Importantly, the separation of the marina from the upland development is a material modification of the original bid, and as such, may be prejudicial to the original bidders. Further, the current design of the marina is tied to their plans for the upland portion for which they are offering no guarantees. This could create significant future problems if Flagstone defaults on the upland portion. Those who suggest that rebidding the project would delay it by one or two years are ignoring the following. First, it is Flagstone itself that is asking to delay the project for up to five years. Flagstone claims that other than the marina, it is years away from starting and finishing 95 percent of the project component. Second, when the project was conceived in 2001, it was bid and decided in one year. And third, the entire context of this project, economic, financial, downtown housing business and tourist development, sports and cultural opportunities, tax pressures, a large number of failed or suspended projects and other circumstances has produced an entirely new set of circumstances for the use of Watson Island since the original RFP was bid, decided and failed. I appreciate it if you regard the supplemental statement that I've provided to the Clerk. Further, it stretches credulity for Flagstone to ask for this amendment with its exclusive future rights for the non -marina 24 acres; at the same time, to deny the production of what should be public documents. Who is the lender? Where is the term sheet? Where are the alleged closing statements? Where are the guarantees? Flagstone claims there are demands from the equity City of Miami Page 50 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 partner and lender for rights to the public property for yet another 60 months. Where's the evidence of those demands? Approval of this amendment is special preferential treatment beyond the (UNINTELLIGIBLE). A reasonable approach in lieu of granting this extension would be to permit other developers an opportunity to demonstrate their abilities to obtain the needed credit to develop Watson Island on an even earlier schedule and perhaps with a project more suited to Miami's change in circumstances and with greater financial benefit to the City. I ask you, therefore, to reject the extension. Chair Sanchez: Thank you. Mr. Berbits: Thankyou. Chair Sanchez: Okay. Next speaker. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street. I'm not anymore a City taxpayer. I'm a fee payer. You know, I don't pay taxes to the City or to the County. I just pay to the education (UNINTELLIGIBLE). But am talking -- you know how many years have been this issue, Watson Island here? More than ten years, (UNINTELLIGIBLE), Xavier Suarez, everything. But then the pied piper came here, the pied piper. Oh, yeah, we're going to get grandiose plans, a major marina and all that. And you know how many jobs they eliminate on Watson Island? Casablanca was there. They (UNINTELLIGIBLE) -- everybody was very -- you know, people were in there to buy fish. I used to go there and buy fish there. Fresh lobster right -- live lobster there, fresh fish right there. But that's not anymore there. And what's there only in Watson Island? A children's museum, which is good that we get to pay half the price, City residents, but ifI go to the Marlins, I will have to pay full price to the Marlins Stadium. But what they do with that, what they do, what the City's gaining from Watson Island? (UNINTELLIGIBLE) the TARP (Troubled Asset Relief Program) now, the money, maybe they're in line to get -- like AIG (American International Group) -- some money from the federal government and the taxpayers too. How much money they been getting -from taxpayer already? That prime Bayfront Park property that's not being used there and they eliminate dozens of jobs from there, okay. What they have done there? Nothing. I tell you, it was -- the pied piper came and, you know, everybody, oh, mega marina, mega yacht, the whole thing. Nothing. Nothing been done there because I go by there. I go there and saw -- I talk to Manny Garcia. He was in charge of the marina over there for a long time. I used to go over there many times, and there was a lot of people in there to buy fish; you know, Casablanca, all that. Nothing is there anymore. Where are the people with the deep pockets? No. They blame now Wall Street and they blame everything. No. Chair Sanchez: Thank you. Mr. Cruz: What about us? Chair Sanchez: Thankyou. All right. That is the public hearing. Anyone else from the public? Lillian Ser: Yes. Chair Sanchez: Excuse me, sir? Carter McDowell: Yes. Chair Sanchez: Do you want to speak on the public hearing? You're recognized for the record. We opened it up for the public. Ms. Ser: I'm here on behalf -- City of Miami Page 51 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Oh. Ms. Ser: -- of the public as well. Chair Sanchez: Okay. Ms. Ser: Lillian Ser, Flagstone Island Gardens, 1674 Meridian Avenue. Mr. Chairman, Commissioners, thank you for this opportunity. I listened to Mr. Herberts [sic], and we've heard these arguments by Mr. Herberts [sic] once before; actually, several times before. Mr. Herberts [sic] and another gentleman sued the City and Flagstone Island Gardens several years ago when the City, after the RFP process and referendum, we went through the MUSP (Major Use Special Permit) process. That was just one of the delays that we had to sit back and go through. That was a 15-month delay caused by that litigation. And I'd like to remind now on the record, Mr. Herberts [sic], that he is under a settlement agreement with Flagstone Island Gardens and the City ofMiami not to oppose anything that is arising out of this project. So it's really beyond my comprehension why again, at another public hearing, here he is again. But besides that, I'd like to address his comments. Flagstone Island Gardens has not failed to meet its commitments to the City. We went through the process of the RFP. We got a 70 percent confirmation from the citizens ofMiami that this is what they want to see at Watson Island. Yes, it has taken a long time. Why? It's a very complicated project. It took us -- as I was here before in last June, we went through everything that we have had to do to get to this point. We have gotten all our environmental permits in an 18-month process. We were in negotiations with the City ofMiami for 12 months over a very long and complicated lease, a lease that's going to take us for a 75-year period. These things take time. We went through litigation not only with Mr. Herberts [sic] and Zimmerman, but with the Casablanca and other fish market that were there on the island as squatters. We have done -- gotten our MUSP approval, which took us 12 months to do with the City ofMiami. That MUSP approval is still in place. We have not modified the plan for the project in any way. Yes, the financial markets have collapsed. We are one of the victims of that collapse. Luckily, we were able to close on the marina loan in December of 2008. We have shown our loan agreement -- executed loan agreement to the City's attorney, to the CEO (Chief Executive Officer) for the City, to -- the CFO (Chief Financial Officer) for the City and to your real estate staff. They -- I sat with them personally for five hours while we went over that agreement, and it has been confirmed the loan is closed and we're ready to go. We would like to get started on the marina component of this project. No, we don't have guarantees for you that we're going to get the financing -- the construction financing. Please keep in mind we have the equity financing in place since 2007 with ING. ING is still at the table with us. They like this project. They like the site. They like the City ofMiami. Bank ofAmerica is our lender on the marina loan. Bank of America has also issued us a term sheet for the retail and parking components of this project. Still to this day, they are interested in this project. This is a temporary collapse. This is a temporary position that everyone is in. You are not going to get another viable developer in here that's going to bid on any kind of project you come up with. Are we any different than any other developer in getting financing? No. In fact, one can argue that we are in a better position than other developers out there. We closed the loan in December. Bank ofAmerica could have just walked away, but they didn't. They believe in this project. We believe in this project. Mr. Bayraktar believes in this project. He has put in $50 million of his own money into this project, and we're not even in the ground yet. He's not going to get that back. We are committed. We have done so much work. Your staff has done so much work. We would like the opportunity to move forward. If there are any other questions that you have -- I know we've been meeting. We've had a lot of briefings. But if there's anything else that we have left unanswered, I am here to answer those questions for you. Chair Sanchez: I wanted you to be last because you are the counsel for the applicant, and therefore, after the public hearing, you would had [sic] an opportunity to address us, and then we would have an opportunity to maybe have some questions for you. City ofMiami Page 52 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Ser: Absolutely. Chair Sanchez: So at this time, let's go ahead and let the other public speakers address this, and then stay close in case we do have some -- Ms. Ser: Thank you. Chair Sanchez: -- questions for you. All right. Sir, you're recognized for the record. Mr. McDowell: Thank you, Mr. Chairman. For the record, my name is Carter McDowell, 200 South Biscayne Boulevard. I represent Swerdlow Marine Partners, one of the unsuccessful bidders on this RFP back in 2000. We believe that these changes are, in fact, material modifications. And the law is that -- the procurement law is for bids mod4ing a contract after award so as to deprive the losing bidders of their chance to compete for what is essentially, after modification, a new contract. We were told, specifically, we could not do the marina separate from the upland as part of the bidding process. You are now contemplating an amendment that would, in fact, separate the marina from the upland development. It is true the financial markets have collapsed recently, but you are looking at the fourth amendment to this agreement. They have been before you every two years like clockwork asking for changes, modifications and extensions. This is a material modification. It is in violation of the rights of the unsuccessful bidders who were part of this process. I'd like to talk to you just for a moment, though, about the practical world and what's happened since this RFP was on the streets and awarded. The Performing Arts Center wasn't even under construction when this RFP was awarded. The JW Marriot in downtown had not opened. The Four Seasons had not opened. The Conrad had not even begun, and the new Kimpton and the Epic had not even begun. The other hotels in downtown that have come online while this project has been pending are numerous. Go over to Miami Beach. The Ritz South Beach; the Fontainebleau closed and reopened. The Eden Roc added a whole new tower. The Gansevoort came online. There have been literally thousands of hotel rooms that have been built while this RFP sat and wallowed. It's not because the market was a disaster while they were supposed to be building. Yes, it is difficult now. No one is suggesting it's not. Why do you believe in this market that you should let them begin the one easy part --? Andl can guarantee you, if you put out an RFP for the mega yacht marina by itself, you will get bidders. I have two clients who will bid on it. Chair Sanchez: Thank you, sir. Mr. McDowell: So I suggest to you that you not approve this fourth amendment. It is a material modification. It is in violation of the unsuccessful bidders' rights. Chair Sanchez: Thank you. Mr. McDowell: Andl would also point out -- Chair Sanchez: In closing, sir, please. Mr. McDowell: I don't remember you putting a time limit on the other speakers. Chair Sanchez: Well, you've spoken more than anybody else. Mr. McDowell: I don't -- Chair Sanchez: I'll tell you that much. Mr. McDowell: -- believe so. But the -- City of Miami Page 53 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: In closing, sir. Mr. McDowell: Yes, in closing. You are also pushing hard with the County to build a tunnel to the port. Have you thought about where they're going to stage the construction of that tunnel and the hundreds of thousands of tons of materials that will be required? This project will be in the way of that construction. You want to get money for this piece of property? Reserve it for that future construction, assuming it happens -- and of course, it's not guaranteed. Lease that property for construction staging to the tunnel and you'll get more money in rent out of it. But most importantly, if you separate this marina and let it go forward you will be half pregnant. You will be stuck with this project with no way out, and they will be back in two years and in two years and in two years begging for additional time, and you will be locked in. Chair Sanchez: Thank you. All right. Any other speaker? If not, the public hearing is closed at this time; bring it back to the Commission. Before we do, let's get a motion and a second. Can we get Commissioner Gonzalez -- is he here? -- to come up? Commissioner Sarnoff. Let me move it for discussion. Chair Sanchez: All right. There's a motion by Commissioner -- Vice Chair Spence -Jones: Second -- Chair Sanchez: -- Sarnoff for the purpose -- Vice Chair Spence -Jones: -- for discussion. Chair Sanchez: -- of discussion, and it is a second by the Vice Chair. The item is under discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. My -- I guess my first question would be to the City Attorney, since we now have another lawyer alleging that this is a major -- a modification -- substantial modification. Is this a substantial modification? Julie O. Bru (City Attorney): This is a substantial modification to the lease that was negotiated in 2003, that has been in place since 2003. With respect to the solicitation documents, I have reviewed them. I wasn't part of the solicitation process back in 2000/2001, but the solicitation document clearly authorized a phase development. So if he's referring to the fact that we're now phasing the development, I believe that it is consistent with the solicitation document. Commissioner Sarnoff. And just for the people watching the TV (Television) and the public record -- I mean, I wasn't a part of this, obviously, either. I think) was 11 years old at the time. What -- this came about as a result of requests for RFPs, and then the winner of the RFP was by referendum. Is that correct? Ms. Bru: That is correct because that is a requirement of our Charter that any development in Watson Island be approved by the voters. Commissioner Sarnoff. Okay. Let me get to something) think Mr. McDowell brought up, which is a real concern of mine too, which is the separation of the -- How do I know -- 'cause I'm really concerned about this -- that if we allow them to build the water portion, the marina, that we will have an upland portion built? What assurances do I have? How do I know flying at 10,000 feet thatl'm, as a Commissioner, reasonably protecting the citizens that some facility occurs? And I'm not talking about temporary storage facilities. I'm talking about something that we're all pretty proud of. City of Miami Page 54 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Larry Spring: Commissioners, Larry Spring, chief financial officer. That is a very good question, one that we've grappled with in dealing with presenting this extension. Andl think in our briefings we did about three rounds with everybody. And in those rounds, you saw a change in what was being presented. That change was that we said -- we looked at, okay, if you were to bifurcate this, and the worst case scenario was they built just the marina and, you know, I guess to combat the half pregnant comment, you have a marina -- a actually world -class marina that's nowhere in the United States that the City could very well take over, build the necessary upland amenity to go along with it, and they have agreed -- andl think they provided you with a copy of what is temp -- what they would do as a temporary upland improvement. You know, in our analysis, we said, well, fine. You build the marina, and they can't get financing for anything else. And we've put a date on it -- a date requirement in this document. That doesn't happen, now we have a marina, but we don't have a half -built foundation or a half -built tower, which would really put us in a situation where we -- you know, what do you do in that circumstance. What we've done as an administration, I think, is said, okay, you have a marina that we could easily take over and start to operate, and then we would have the opportunity to rebid the upland improvement if we got to that point. And actually, that point will come -- that point of reckoning will be June 2011. So the way this item is presented, although it doesn't assure that they're going to build everything other than the commitment that they have to be completed by in 60 months and the lease requirement that they build all of these elements -- so they would be in default of the lease. And you know, we have security deposit and all these other, you know, things; performance bonds for the completion of the construction. All of these things are in place. Commissioner Sarnoff.. Well, the performance bond for the completion of the construction would be one bond for the completion of the water component -- Mr. Spring: Right. Commissioner Sarnoff.. -- and then a bond for the completion of the upland component. Andl guess the tripwire here that I want to understand -- and hopefully, the other Commissioners will understand as well. We allow them to build the water component and put some glorified mobile homes, if you will, up on the upland component. And then your -- what's your first tripwire -- what's the first date that they have to --? Mr. Spring: June 2011. Commissioner Sarnoff.. All right. So June 2011 arrives. It's now May or it's April of 2011. Some of us will be here, some of us won't. And now they're coming in for a motion for extension of time. Could be, right? Mr. Spring: Could be, but -- Commissioner Sarnoff.. Okay. Mr. Spring: -- that -- we're putting the decision in the hand -- Commissioner Sarnoff. On the next Commission, right. Mr. Spring: -- of this Commission. Commissioner Sarnoff.. Okay. Mr. Spring: So -- Commissioner Sarnoff.. So then the next Commission doesn't grant it and forces them into a position of default, I take it, all right. So then they're in default. We then -- Let me ask you this City of Miami Page 55 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 'cause the person who's loaning money on the water portion, which I think is the Bank America $21 million loan that's held in escrow -- Mr. Spring: Right. Commissioner Sarnoff. -- they will have what encumbrance upon the real estate of the upland portion? Mr. Spring: It's a leasehold mortgage of the entire area. Commissioner Sarnoff. Okay. My -- Mr. Spring: It's a leasehold mortgage of the entire area. Commissioner Sarnoff. -- then my question is more profound. What encumbrance will they have that would preclude us from getting a new person out there to complete what we consider to be an incomplete project? Lillian, do you understand my question? Ms. Ser: Yes. Commissioner Sarnoff. I got to send Larry to law school. Mr. Spring: If you pay for it, I'll go. Ms. Ser: Bank ofAmerica has a leasehold interest on the uplands, but in that situation what would happen is that the City would have to provide sufficient access for it to access the marina and the facilities on the uplands. And to go back to your comment about what kind of facilities would be in place on the uplands, if, in fact, the rest of the major components don't go forward, that decision has not been made because our plan, of course, is to -- Commissioner Sarnoff. No. I -- Ms. Ser: -- start construction. However, I would like to mention that the City will be involved because we have to get approval for temporary facilities. We have to go through Public Facilities and Planning and Zoning. So the City is involved. I'm sure you've been to our sales center on the site next door. That's a trailer. That doesn't look like a trailer after we've finished with it. Commissioner Sarnoff. No. I -- I'm not saying it's horrible, but it's not what I think was intended. My question to you -- I'm going to put it to you more directly. What encumbrance will you have from Bank ofAmerica on the up -- on the land? What is the -- is it going to be $20 million? Ms. Ser: For their loan amount, yes. Commissioner Sarnoff. Okay. So now the City has a $20 million encumbrance that they're going to have as a leasehold interest on that land. Wouldn't you agree with me that that's going to inhibit and hamper us in procuring -- let's say you decide you can't go forward -- that will inhibit and hamper us in trying to find a new person to complete the project? Ms. Ser: No, I don't agree. Commissioner Sarnoff. All right. Tell me how it doesn't. Ms. Ser: I -- City of Miami Page 56 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Spring: I -- From the staff perspective. And we faced this same question with Parrot Jungle. Commissioner Sarnoff. Okay. Mr. Spring: They'd have a leasehold mortgage on everything, but they'd also have the obligation to perform the everything if they were to step in these people's shoes. Commissioner Sarnoff. No, no, no. I -- you're going -- Mr. Spring: Okay. Commissioner Sarnoff. -- to have a performance bond, which is going to be -- have been performed for the marina itself. Mr. Spring: No, no, no. In addition to that -- Commissioner Sarnoff. Right. Mr. Spring: -- because Bank ofAmerica has a leasehold on the entire upland -- Commissioner Sarnoff. That's my concern. Mr. Spring: -- they also -- if they were to foreclose on this -- on Flagstone, there is an obligation -- there's a lease obligation to complete -- to develop what you see on this board. So the bank would have to step in and do that. Commissioner Sarnoff. All right. Stay with me right there. Mr. Spring: All right. Commissioner Sarnoff. You're telling me that under the terms and conditions of this lease right now, that -- Mr. Spring: No. Commissioner Sarnoff. -- if they didn't build within the requisite time frame, which I think you told me was -- Mr. Spring: No. Well -- Commissioner Sarnoff. Okay. Mr. Spring: -- ask your question. I'm sorry. Ask your question. Commissioner Sarnoff. I'm trying. My question to you is -- I think what you just told me a moment ago -- and I'm going to recite whatl understand you said, which is that Bank ofAmerica is obligated to step in and complete the upland portion. If that's the case, that's new news to me. Mr. Spring: If they foreclose -- same situation with Parrot Jungle. If their bank was to foreclose on the leasehold mortgage, there is an obligation to perform; i.e., I'm going to sell -- the bank's not going to hold that leasehold mortgage. They're going to attempt to sell it to someone else, like they do with any mortgage a bank does, all right. Commissioner Sarnoff. They could send it to Ginnie Mae, I guess, if they want. City of Miami Page 57 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Spring: Whatever. But whoever purchases that leasehold interest would have to perform under our lease. Commissioner Sarnoff. Okay. Is there a lawyer that's going to say he's right, 'cause I don't think he is? Ms. Ser: That is not the terms -- Commissioner Sarnoff. All due respect, Larry. I don't think you're right on that one. Ms. Ser: Those are not the terms of our -- Commissioner Sarnoff. Right. I didn't think they were. Ms. Ser: -- loan agreement with Bank ofAmerica. There is an approved SNDA (Subordination Non -disturbance Agreement) as part of the ground lease that we have to execute with Bank of America and the City, which protects Bank of America's interest for that particular component, in this case, the marina, and the City's interest over the land and/or the submerged lands. So in the event that we don't move forward with the uplands, Bank ofAmerica, under the SNDA, would be protected in its interest and the City would be protected in its interest to be able to develop the uplands. Commissioner Sarnoff. All right. Stay right there. Ms. Ser: All the while -- Commissioner Sarnoff. Lillian, stay right there 'cause this is how I understand it. Right now you decide it's not financially in your interest or your ability to complete the upland. That's the stage we're at. It's June '011 [sic], and you're probably giving some good advice to (UNINTELLIGIBLE). And you're telling me right now there's going to be an encumbrance upon the upland. Fair enough? Ms. Ser: Yes. Commissioner Sarnoff. City ofMiami wants to complete a project similar or that project itself. You're saying don't have the ability to do so. You're in default, correct? Ms. Ser: Yes. Commissioner Sarnoff. You're in default. There's nothing we can really do to you -- Ms. Ser: Correct. Commissioner Sarnoff. -- other than you'll probably go into bankruptcy or something along those lines. Ms. Ser: I'll be out of a job, yes. Commissioner Sarnoff. Right. And my question then is now we have an upland portion with a $20 million encumbrance. We're then going to a new bidder to go out there and he's got to factor the $20 million encumbrance on that land, do we not? Ms. Ser: I don't think can answer that question. However, it would seem to me -- City ofMiami Page 58 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Sarnoff. Does it make logical sense? Ms. Ser: Well, I don't want to disagree with you, sir. But the SNDA provides for that doomsday scenario where we -- Commissioner Sarnoff. Right. Ms. Ser: -- go away and the rest is not taken care of. The interest that Bank ofAmerica has on the uplands is -- at that point becomes an access interest. They have to have access to the marina portion of the project of that part -- Commissioner Sarnoff. So their only interest -- Ms. Ser: -- that portion of the land. Commissioner Sarnoff. -- is an easement? Ms. Ser: At that point, that's what it would have to be over the uplands. Commissioner Sarnoff. Okay. I need -- Ms. Ser: And a portion of the -- Commissioner Sarnoff. -- justfrom -- stay right there. City Attorney, is that correct? Ms. Bru: You know, I have not seen what the form of the leasehold mortgage would be. So until I see that, I cannot give you an opinion as to what rights the bank, the lender would have. Andl know that the lease that was negotiated in 2003 has a form of a leasehold mortgage that would be acceptable to the City and the terms and conditions of that form, leasehold mortgage, were negotiated back in 2003, and Robin or Lillian can go over those. But if the lender wants to modify those, they would have to come back to you for approval. Commissioner Sarnoff. Well, I heard Lillian say to me -- and I'm not saying I'm on the same level with Lillian, but understand what she's saying. She's saying in the event of a default, the only encumbrance that Bank ofAmerica has is they have a right of access, which is an easement that guarantees whatever the City ofMiami renegotiates with anyone else, there's got to be a nice pathway for somebody to have access to that marina. If that's the case, that's not a significant encumbrance. Ms. Bru: That's not what have heard. I have heard that -- Commissioner Sarnoff. Okay. Ms. Bru: -- there would be -- that the leasehold would be encumbered, the entire leasehold property. Commissioner Sarnoff. And that's my concern. Ms. Bru: Right. So I -- Ms. Ser: The SNDA is part of the ground lease at Exhibit S, and that SNDA needs to be executed and provided and recorded in order for us to get our loan, so this is going -- be coming through the City. Commissioner Sarnoff. All right. SNDA stands for what? City ofMiami Page 59 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Ser: The Subordination Non -disturbance Agreement. Commissioner Sarnoff. Okay. So the subordination agreement, is that in place, Robin? Robin Jones -Jackson (Assistant City Attorney): Yes, sir. Commissioner Sarnoff. And does that subordination agreement subordinate the Bank of America such that they only have a right of access and not an ease -- a right of access in the form of an easement and do not have an encumbrance upon the entire leasehold interest? Ms. Jones -Jackson: Excuse me, Commissioner. The way that the lease -- my understanding -- because, again, like the City Attorney, we were not here negotiating on that in 2003. My understanding is that Bank ofAmerica will take a leasehold mortgage on the entire property. Now Bank ofAmerica then has rights on the entire property. There are forms of the SNDAs, as counsel for Flagstone has been giving to you, those were pre -negotiated forms back in 2003. Same thing, there are provisions that should be in a leasehold mortgage that were negotiated with the City. We have said that as long as the forms of all of those documents remain as they were negotiated then in 2003 and there are no substantial changes, that those would be what would go into affect. However, we have not seen a form of leasehold mortgage from Bank of America, so it's difficult -- it's premature to be able to say what Bank ofAmerica, if they would be asking for any changes -- Chair Sanchez: Yeah. Ms. Jones -Jackson: -- or if they would be accepting exactly what the City is already comfortable with. If they wanted to make -- Commissioner Sarnoff. But -- I mean, isn't -- Ms. Jones -Jackson: -- the substantial change -- Commissioner Sarnoff. -- this critical? Ms. Jones -Jackson: Yes, sir. Commissioner Sarnoff. Mr. Administration -- I'm speaking not just to Mr. Hernandez or Mr. Spring. I'm speaking to you collectively. Isn't it critical that we know in the event in June 2011 they cannot go upland, what encumbrances we have put on that property so that we know what we can then do? I mean, isn't that what this is all about? Not -- if we're all painting a best case scenario, well, they're going to finish. Mr. Hernandez: Commissioner, I agree with you. Not being an attorney, but listening to the arguments, I would like to know what the consequences are at that point. Commissioner Sarnoff. And that's all I'm say -- Mr. Hernandez: Whether -- if it's an easement, I think you -- I agree with you. Commissioner Sarnoff. Right. Mr. Hernandez: No big deal, right? It's just access to the marina. If it's -- Commissioner Sarnoff. If it subordinates into an easement, I can move on from my issues. If it doesn't subordinate into an easement and there's an encumbrance upon this property -- you City of Miami Page 60 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 know, it's just like the Playhouse in Coconut Grove. There's a 40 million -- a $4 million loan out there that whoever goes and approves that property is going to absorb that amount of money. You are then putting a new developer $20 million in the hole before Bank of America, in its strategic position that it will be in, will allow them to build anything on the upland portion. My issue with this marina -- First off I'd love to see the -- I am absolutely 100 percent behind that, okay. That picture right there, 100 percent behind the pretty picture. I need to have an assurance that I get to that pretty picture. And in the event I don't, how have I hurt the next Commissioner sitting in this table 'cause I suspect -- I know only Gonzalez andl are going to be sitting up here at that time when this hits -- and probably Spence -Jones as well. And we're going to be saying to ourselves, how did we do this? How did we put a $20 million encumbrance on somebody and now the guy says, you know what, Commissioner? I'd pay you, you know, 5 million a year for the upland portion, but I can only pay you 3 million because I have to absorb that $20 million encumbrance. Am I wrong on this? Ms. Ser: Mr. Commissioner -- Mr. Hernandez: No, Commissioner. I think you're right, and I'm looking to the attorneys to give us answers that we can -- that will give us more confidence. Ms. Ser: IfI can read to you out of the -- Commissioner Sarnoff. Sure. Ms. Ser: -- SNDA. There's a paragraph. The sublease and all of major subtenants right, title, and interest (UNINTELLIGIBLE) sublease, the sublease property and the sublease hold improvements are and shall be unconditionally subject and subordinate to the right, title and interest of lessor in and to the property and the ground lease. This is subordinating the bank's rights, the marina's rights to that of the lessor on the rest of the property and the ground lease. Commissioner Sarnoff. Lillian, here's my problem. You're not my lawyer. Ms. Ser: That's true. Commissioner Sarnoff. And my problem is, with all candor and respect, you only allowed the lawyers to look at documents, but you have not allowed them to take the documents back to their office. Ms. Ser: I provided the mortgage -- a draft of the mortgage to the attorneys. Commissioner Sarnoff. There are things you haven't provided that you may deem sensitive, that you may deem proprietary. I can't imagine being a City Attorney sitting there, especially with a reasonably aggressive Commissioner who is a lawyer himself and answering questions predicated upon somebody's ability to take notes. Because that's what you've done to Robin Jones -Jackson, and that's what you've done to the others there. You've said -- and for whatever reason you have -- you can look and you can touch, but you can't take. And you're asking them to have -- you're asking them to go off their notes and make sure they wrote down everything they possibly can, andl could not imagine being in their shoes right now. I couldn't imagine being the City Attorney. I could not imagine being Robin Jones -Jackson and saying, God, I hope I took the right note on this 'cause I read this, you know, in Lillian's office, andl know she gave me two hours, but I was a little tired or I was getting a little fatigued. When, in the private sector, you andl both know we would take a copy of that document. We would turn around, put the document away, make a photocopy of it, mark it up, make changes, put probably three different kinds of highlighters on it, all depicting different issues for you, and they would be able to answer my questions when I get back in the office, which I do to them, and say what about this, what about that. Andl hear sometimes, you know, Commissioner, I was a little tired. I City of Miami Page 61 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 don't know what my note says. I don't know a lawyer that can function that way. Ms. Ser: With all due respect, Commissioner Sarnoff, we are required to provide evidence of financing in order to take possession of the land. We're not doing that at this point. In reference to your comment that in the private sector this would not happen, in the private sector, documents are not open for public consumption either. Andl think that we're not the only entity that's had a issue in providing confidential documents to -- Commissioner Sarnoff. But couldn't you -- Ms. Ser: -- a municipality. Commissioner Sarnoff. -- blank -- Ms. Ser: You had that with another entity -- Commissioner Sarnoff. I understand. Ms. Ser: -- that you're dealing with. Commissioner Sarnoff. I thought you would -- Lillian, I thought you would respond to me that way. Couldn't you blank out a term and a condition that you determine to be proprietary to you? I mean, couldn't you blank out -- Ms. Ser: We could do that. Commissioner Sarnoff. -- your interest rate, if you think that's proprietary? Couldn't you blank out a term that you thought was proprietary and beneficial to you? Couldn't you blank out a person or entity that you thought was proprietary to you? But shouldn't the actual conditions themselves be something that Robin Jones -Jackson or Madam City Attorney would be able to go back and say this entity must do thus and so? Andl know that, Commissioner, 'cause it's right here. I'm not allowed to disclose the entity to you because they view it as proprietary. I somewhat understand that. Ms. Ser: We provided a copy of the conditions to the loan to the City Attorney. They have a copy in their files. We went over it. The SNDA is part of the lease. The SNDA needs to be executed by the City, so we will have ample opportunity to take care of any concerns from that respect. Andl understand what your concern is. This is a project that the lender knows is going to be done in different components and with different loans, so all the lenders that will be involved eventually will have all the same issues that you're having. They need -- they're going to need to protect their interest as well. So this is not an issue -- Commissioner Sarnoff. Yeah -- Ms. Ser: -- that's not going to be -- Commissioner Sarnoff. -- but the lender's -- Ms. Ser: -- discussed ad nauseum. Commissioner Sarnoff. -- interests and the City of Miami's interest will diverge in the event of a default. That's the divergent of interest. You're right. Right now we all stand unified directly behind each other like a team in football pushing the same direction. What happens in June '011 [sic], we may hit a branch in the road. And the lender's interest is to secure his best position that he has, and the City of Miami's interest is somewhat divergent. And that is, I think, to build City of Miami Page 62 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 an upland facility. And if we do so with an encumbrance upon it, we merely pass that along as a loss to the citizens ofMiami. Andl sit here andl -- you know, I'd love to take your advice, but it would probably be a conflict of interest. I need to hear from the City Attorney that there's a subordination, andl can move on from that issue. Commissioner Gonzalez: I -- Larry, I do have a -- one simple -- one very simple question. What is the Administration position and the Legal Department position on this item? Commissioner Sarnoff. All right, but hold on. Let's -- Commissioner Gonzalez: Because -- Vice Chair Spence -Jones: Let (UNINTELLIGIBLE) respond to this question. Chair Sanchez: Listen, let's maintain order. Let's have the answer -- the question that was proffered by Commissioner Sarnoff to the Legal Department, and then when he's done, we'll go with the Vice Chair. Commissioner Gonzalez: Oh, I'm sorry. I thought that he was done. I'm sorry. Chair Sanchez: We'll go with the Vice Chair. We'll go with you, Commissioner Gonzalez. We'll go with Commissioner Regalado. Commissioner Gonzalez: All right. Chair Sanchez: And then we will address this issue, debate it, vote it up or down, table it, dance the tango, whatever you guys want to do on the item. Ms. Bru: Robin, hold on a second. In response to the Commissioner's question, the lease that is in place, the underlying lease, has provisions that would allow for a leasehold mortgage. I mean, no project of this magnitude gets developed without allowing the tenant to encumber the leasehold estate. There are numerous provisions in the underlying lease that protects the City in the event that the lender would foreclose on the loan and therefore have to step into the shoes of the tenant. So to that extent, I think that we are well protected in that respect. And we would continue to be able to do business with the lender, subject to all series of reviews and approvals. Now what is envisioned in this particular transaction with the particular documents that are being negotiated, we don't know. We haven't seen the actual leasehold mortgage. But can tell you that it cannot be inconsistent with the provisions that have been negotiated and that are in the underlying lease because if they are, we would not sign off on it, and it would come back to you. And there are numerous safeguards in the lease with respect to the event of a foreclosure on behalf of the lender where the tenant were to be then put out and the lender steps into the shoes of the -- I mean, the lender steps -- Commissioner Sarnoff. But my question's an exact one. My question is does the $20 million leasehold interest subordinate? Ms. Jones -Jackson: The answer is that it does not. Remember that, in terms of the City, the City's interest has to be ahead of it, okay, so it does not subordinate the City's interest. Remember, it's a lease -- Commissioner Sarnoff. No, no, no, no, no, no, no, no. Ms. Jones -Jackson: -- hold mortgage. You asked the opposite. Commissioner Sarnoff. Yes. City ofMiami Page 63 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Jones -Jackson: Then, yes, the bank is subordinate to the City. Commissioner Sarnoff. Okay. Now we can move on. Ms. Jones -Jackson: Now -- Commissioner Sarnoff. Is that what you're telling me, that there -- that this -- these documents provide that the only -- in the event of a June '011 [sic] failure, foreclosure, bankruptcy, that the bank will then only have an easement -- a right -of -access easement? Ms. Jones -Jackson: No. Remember, there're two different documents. Commissioner Sarnoff. All right. Then -- Ms. Jones -Jackson: Okay, there is -- Commissioner Sarnoff. -- explain the interplay to me. Ms. Jones -Jackson: Okay. Thank you, sir. There is a ground lease that we will have, okay. They will give -- Flagstone will give a leasehold interest to its mortgagor, okay, and so the bank would then have a leasehold mortgage. So you have two different interplays of agreements. You would have the leasehold mortgage in place. The bank steps into the shoes of Flagstone. And remember, though, that the leasehold mortgage only is on that leasehold. It does not trump the City's fee title interest, okay. So that is lesser to the City's rights. However, there are a series of subordination non -disturbance agreements that the forms of again, have been negotiated, just like (UNINTELLIGIBLE). Commissioner Sarnoff. Before you get to that, let me ask you a question. Ms. Jones -Jackson: Yes, sir. Commissioner Sarnoff. In the event that we're not subordinate, if we were to re-RFP this or give this to another private entity, would that entity be subject to -- would they be in the -- stand in the shoes of the City, or would the leasehold interest trump them? Ms. Jones -Jackson: We'd be in the situation of having to work it out with the bank of the interest that they have. Commissioner Sarnoff. So that we -- they would not step into the City's shoes? Ms. Jones -Jackson: No. If the leasehold mortgage is still in place -- Commissioner Sarnoff. Right. Ms. Jones -Jackson: -- and the bank steps into the shoes of Flagstone, then the bank could relinquish it and say this is it and go after Flagstone. Commissioner Sarnoff. I'm just going to ask Lillian. Is that correct? Is that your understanding? Ms. Ser: If we were to go away and you'd have to go out and get a new developer, the developer steps into the City's shoes, not our shoes. Commissioner Sarnoff. Right. So then the -- City of Miami Page 64 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Ser: And the lend -- Commissioner Sarnoff. -- leasehold -- Ms. Ser: -- our lenders -- Commissioner Sarnoff. -- interest that the bank holds -- Ms. Ser: On the marina would be subordinate to the City's interest. It's less -- Commissioner Sarnoff. Right. Ms. Ser: -- than the City's interest. Commissioner Sarnoff. Then you're telling me that ABC Corporation comes in in the City's interest and he is not subject to the leasehold interest of the 21 million. Ms. Ser: Would be subject to as far as access. Commissioner Sarnoff. Okay, 'cause I'm not sure our City Attorney -- Ms. Ser: You can't get rid of -- Commissioner Sarnoff. The right of access -- Ms. Ser: -- the marina. Commissioner Sarnoff. -- is a separate issue. I got -- Ms. Ser: Right. Commissioner Sarnoff. -- you on that. Ms. Ser: The leasehold interest on the uplands would be subordinate to -- Commissioner Sarnoff. ABC Corporation. Ms. Ser: -- the new leasehold for ABC. Commissioner Sarnoff. Is that correction, Madam City Attorney? Ms. Bru: There's going to be a $21 million debt on this property by virtue of a leasehold mortgage. That money either has to be paid or it has to be negotiated, or it has to be extinguished through some sort of foreclosure or bankruptcy proceeding, but the bank has the right to try to safeguard their investment by either coming in and doing business with the City and continuing to perform the obligations of the tenant under this lease, or they can walk away, write off as a bad loan, but we just can't forget the $21 million. It doesn't go away. Commissioner Sarnoff. Is -- now, Lillian, is that your understanding? Ms. Ser: No. I disagree with the City Attorney. Ms. Bru: Well, then I'd like to see those documents 'cause I'd like to get a loan from that bank. City of Miami Page 65 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Ms. Ser: I am not saying that the bank's interest goes away and that the loan evaporates. What I'm saying is the SNDA subordinates the Bank of America's interest to the lessor's interest. It's in the document. These were all negotiated for a year. I mean -- Ms. Bru: The lessor's interest is that we own the title -- Chair Sanchez: All right. Ms. Bru: -- in fee simple, but it doesn't mean that it's subordinate to any debt that has been incurred with our approval, which it would be. Commissioner Sarnoff. Isn't there a legal memorandum that could be circulated to resolve this issue? I mean, this is a legally resolved issue in the body of law that we have. And the question becomes, would the new RFP person be encumbered by the $20 million debt? That's my question. And I guarantee you there's at least five cases on this. And if you think for some reason, Lillian, that this agreement says -- and the Bank of America is a signatory to it because just because you sign on doesn't mean they sign on -- that there -- that this new RFP person is not subordinate -- is not going to be subject to this $20 million, then I can move on from my issue. And think this is a pretty exquisite issue. Ms. Ser: I agree, andl understand your concern, but I'd also like to reiterate the fact that the SNDA and the ground lease has to be executed before we can take possession of the land. So the SNDA, there's plenty of room to hash that out with Legal prior to doing so. I'm not sure if that is something that needs to be resolved today for you to be able to take a vote on the fourth amendment 'cause there are plenty of safeguards for City Attorney, for the City Manager -- Commissioner Sarnoff. So you're saying we could instruct -- andl don't mean to cut you off but -- andl don't mean to be rude, but I'm trying to short-circuit some of this. Ms. Ser: Understand. Commissioner Sarnoff. We could instruct the City Attorney and the Manager to provide documents, which, in the event of a default in June '011 [sic], that a new RFP person -- I'm using that euphemistically -- would not be subject to the $20 million -- the -- any land lease mortgaged by anyone you place on that property? Ms. Ser: That would allow you to have a new developer on the uplands, yes. Commissioner Sarnoff. Is that -- can we do that today, Madam City Attorney? Ms. Bru: I have no idea how a lender is going to loan $21 million. What guarantee is the lender going to have that their $21 million is going to be safeguarded in the event of failure to perform by the tenant? So I -- what you're asking, it's reasonable. However, I don't think that it's commercially doable. And furthermore, I think already the underlying lease to which they have rights to, if we continue to amend these things, would allow them to obtain a leasehold mortgage. And a leasehold mortgage, as described and defined in the underlying lease, would provide that the lender would have an interest in the leasehold to guarantee their investment. And we just couldn't wipe that away. It just couldn't be wiped away. So -- Commissioner Sarnoff. All right. I yield Chair Sanchez: All right. Vice Chair Spence -Jones: Ms. -- Chair Sanchez: Wait, wait, wait. City of Miami Page 66 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: I just have one comment. Chair Sanchez: Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: It -- you know what's so amazing to me is we both -- all of us can have the same briefings and different information. It's like so amazing to me. It's like we're hearing stuff for the very first time. Ms. Ser: Me, too. Vice Chair Spence -Jones: And it's crazy. You know, I'm sitting over there looking in this corner because we just had a briefing on this same issue, and I'm hearing these comments that are being made from Commissioner Sarnoff in reference to our City Attorney, you know, andl love Robin to death. She's a hard worker, but I'm looking at Robin saying is this true 'cause never -- not once in the briefing yesterday did this come up as an issue, you know. And l just want to make sure that we're all being briefed with the same information. Andl think that even -- if in our briefing certain questions come up around issues that if he's bringing up an issue in his briefing, then there might be important information that should be shared in some sense, you know, by the City Attorney or whoever's doing the briefings. Because we're sitting up here now operating with -- from a whole different viewpoint. And we all want to be responsible, but we can't be responsible without the proper information or the information constantly changing. Now let me -- so I'm still trying to get out of that maze of confusion. So then that takes me to this other portion of it, Commissioner Sarnoff. I mean, for me, it's -- on one end, I feel as though whatever's good for the goose is good for the gander, and I'm going to give you a perfect example. We had an item a few hours ago in reference to Rickenbacker Causeway and the marina there. And we started in their discussion and the discussion that we heard earlier about let's do -- let's not wait for the master plan on this issue, which is coming in June. Let's move now because we need to get something done; totally agree. I think we should be getting something done. I just have questions on all the other issues, but the same argument -- different item, same argument. What's the difference between your item, when we got a whole master plan that we done spent a million dollars on -- I'm just using that as an example -- and you spending fifty million? I mean, what is the difference between the two? And we can't say, okay, let's -- for the marina, we don't want to wait, but let's do a midway project because it works, but we say to you guys, we can't -- or we don't think we should be doing a midway project at this point because the market -- We can't say one for one group and then say something different for another group. That's just not fair. Either we ain't going to do it for anybody and that's just what it's going to be, but we cannot be selective about who we decide we want to help. Now they can tell you that I grilled them for a whole nother issue yesterday, which -- because -- only because I didn't have this information. And my issue was more centered around the immediate, the people on the ground, jobs, what people need to see right now. My grilling was -- before I get to my grilling, I need to ask the City Attorney -- because this new issue that came up today -- Madam City Attorney, I want to be clear, based upon what the district Commissioner has stated, is there a material change regarding this item? I just need a yes or no answer. Is there a material change 'cause this young man got up and spoke regarding this issue of him putting in a bid and he felt that it was a material change. I don't want to go around the world. I just want to know is it a material change? Ms. Bru: You're asking, Commissioner -- Vice Chair, if it's a material change from the RFP or - -? Vice Chair Spence -Jones: Yes. Ms. Bru: Well, we have reviewed the RFP -- City of Miami Page 67 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: Just -- Julie -- Ms. Bru: No. Vice Chair Spence -Jones: -- with all due respect -- Ms. Bru: But -- Vice Chair Spence -Jones: -- I just need to -- Ms. Bru: -- the RFP -- Vice Chair Spence -Jones: -- I just need it -- because what happens, we get all -- go off on a tangent. Ms. Bru: -- allows for a phased development. Vice Chair Spence -Jones: Okay. Their RFP allows for a phased development, which is -- Chair Sanchez: Which is -- Vice Chair Spence -Jones: -- what they're presenting right now. Chair Sanchez: -- component by component. Vice Chair Spence -Jones: Component by component. Now based upon my briefing yesterday -- andl want to be clear -- this particular portion, which is the marina portion, is slated to start when? Can Robin or somebody answer that question? I want to make sure it didn't change from yesterday to today. That's why I'm asking the question. When is it slated to start? When will people be put to work 'cause that's the only thing I'm concerned about right now. And this is a $32 million -- Mr. Spring: Slated -- Vice Chair Spence -Jones: -- project, correct? Mr. Spring: The -- Chair Sanchez: Yeah. Couldl interrupt you for a minute? Folks, this will be the last item, then we're going to break for lunch. Some of you will enjoy lunch. Some of us will enjoy going to MSEA (Miami Sports and Exhibition Authority) meeting. And then we'll come back possibly at 2: 30 and we'll take up the remaining item. I think the first item that we're going to be taking up is PZ.1 when we get back. So if you're here for another item, you're free to go and have lunch, or you want to stay around and enjoy the entertainment, enjoy it. All right. Mr. Spring: Larry Spring, chief financial officer. Commissioner, construction is due to start 90 days after the signing of the lease. Vice Chair Spence -Jones: Okay. Ninety days after -- so we're not talking about something that's six months from now, nine months from now. Mr. Spring: No. And in fact -- Vice Chair Spence -Jones: We're talking about -- City of Miami Page 68 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Spring: -- one of the conditions of the marina loan is that they take possession of the leasehold by June 19, 2009. Vice Chair Spence -Jones: Okay. Stop right there. So right now they're currently paying how much per month? Mr. Spring: Right now they're paying 53,000 -- 51,000 a month. Vice Chair Spence -Jones: And how long have they been paying that? Mr. Spring: Since the last time they were here. Vice Chair Spence -Jones: Okay. Mr. Spring: And they're due -- Vice Chair Spence -Jones: And now what does it go --? Mr. Spring: -- to go up to -- in August, if we -- if we're on that same agreement, in August they go up to 83,000 a month. Vice Chair Spence -Jones: So we're going -from 53 to $83, 000 per month that we're all -- that we will be receiving -- Mr. Spring: Next month, yeah. Vice Chair Spence -Jones: -- going into our general fund correct? Mr. Spring: Correct. Vice Chair Spence -Jones: So altogether -- I just want to be clear -- the total amount is about how much per year? It's about -- Mr. Spring: A million dollars. Vice Chair Spence -Jones: So we have a million dollars now that we do -- would not have at this present time going into the general fund to help us during a time of these economic crises. Mr. Spring: Well, the answer to that question is a little different When the City Commission approved their last amendment -- Vice Chair Spence -Jones: Yeah. Mr. Spring: -- there was an extension rent. As a directive of the Commission, they requested that the extension rent be elevated to the million -dollar level at some point. That some point becomes August of this year. However, there is an increase in the rent that we will be receiving in the general fund by virtue of the fact that they will now be signing their lease several months sooner than expected. And so we will start to get the million -dollar construction rent starting on the date of signing of the lease, which has to happen by June 19, 2009. Vice Chair Spence -Jones: Okay, so -- Mr. Spring: So, yes, there's more money coming in. Vice Chair Spence -Jones: I mean, I love how my D2 (District 2) Commissioner, you know, takes City of Miami Page 69 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 about an hour to go through -- and at the end of the day, everybody's looking at where did this all come from. For me, it's very simple. At this point, we're paying -- they're paying us $53, 000 per month. It's going to go up to 83. Mr. Hernandez: Fifty thousand. Mr. Spring: Fifty thousand. Vice Chair Spence -Jones: Fifty thousand. Mr. Spring: Fifty thousand. Vice Chair Spence -Jones: And then it's going to go up to 83 -- Mr. Spring: Eighty-three -- Vice Chair Spence -Jones: -- per month -- Mr. Spring: -- thirty-three -- thirty-three -- Vice Chair Spence -Jones: -- going into our -- Mr. Spring: -- point thirty-three. Vice Chair Spence -Jones: -- general fund, so we're talking about over a million dollars for all these police and fire and all this extra stuff you say that we need because we're going to have to cut back. This is now going to go into the general fund to assist us with some of those requests, correct? Mr. Spring: Correct. Vice Chair Spence -Jones: Okay. Mr. Spring: And then -- Vice Chair Spence -Jones: Okay. Mr. Spring: Okay. Vice Chair Spence -Jones: This is the briefingl got yesterday. I don't know what y'all got. That's what -- this is what got. Chair Sanchez: I'll address that issue. Vice Chair Spence -Jones: Okay, so I just want to be clear -- and where's the -- where's -- what's the lady's name? Mr. Spring: Madeline or Lillian? Vice Chair Spence -Jones: Okay. So now that we have gotten past everything that we talked about yesterday in our briefing -- 'cause none of this other stuff came up as an issue -- my concern with you was what? Do you remember what my concern was? Ms. Ser: Absolutely, andl responded -- City of Miami Page 70 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: During your discussion with me, you communicated to me that a company by the name of Miser [sic] -- I don't know ifMiser's [sic] here -- Ms. Ser: Miser's [sic] not here, and we're not under contract with Miser [sic] -- Vice Chair Spence -Jones: Okay. Ms. Ser: -- as yet, and Miser [sic] is going to be -- Vice Chair Spence -Jones: I just -- just so that we don't get confused, you know -- I don't want everybody else to get confused. Ms. Ser: Okay. Vice Chair Spence -Jones: So during your conversation with me in our briefing, I was very much concerned about jobs staying local. That's what I was concerned about. Because during your briefing, it was communicated that this is a specialized industry and that people will come, you know, from this industry and you don't know where they're going to come from and you can't really guarantee all of that, but you know that there'll be jobs in the area. My communication to you was the following. Well, this may not be marine industry -- I understand that we have to do some of that, but there's going to be some plumbing. There's going to be some electrical work. There's going to be some landscaping, and that's not marine industry -related That's just work related. And based upon my discussion with you, I communicated -- 'cause I'm not going to switch up on you. I'm not going to say one thing in the meeting today and then say something different tomorrow -- if you were able to at least come back to me and let me know how many jobs would come from the overall area before the hearing, then I will consider supporting this project because I know that local people need to work. So can you please at least put on the record, after you have done or gathered your information, what percentage of jobs will come from the local area in these particular industries? Ms. Ser: Yes, Commissioner. I responded yesterday evening with those numbers. We did get a hold of Misner and spoke to them about it. They are going to do everything possible to hire locally for all of those subcontracted fields; plumbing, electrical, fire, landscaping, hardscape -- hardscaping. Because they don't know what the local talent -- what is available at this point, what they advised us is that, at minimum, they can guarantee that they will hire locally for 40 percent of that subcontracted work. This is over and beyond what we are required to do under our other agreements with the City for employing locally. Vice Chair Spence -Jones: So on the -- Ms. Ser: So, yes, on the record we're saying 40 percent of all the subcontracted work done for plumbing, electric, fire, landscaping, hardscaping will be from the local talent. Vice Chair Spence -Jones: Very good. So you're officially putting it on the record. Mr. City Manager, I just want to be clear. The other promise that was made actually in the briefing that we had is that this overall construction -based firm small business expo or whatever we plan on putting together, workshop for all of the mega projects that include Museum Park, that include the Marlins Stadium now will include Flagstone so that all of our small businesses have the opportunity to meet with these contractors to have the opportunity to win, you know, an option to hopefully get one of these contracts or at least work on one of these projects. I wanted to make sure that that was also officially put on the record that Flagstone would also participate in that as well. Is that correct? Ms. Ser: We will be happy to participate in that, and we will do everything possible to have representatives from Misner and our prospective contractor at this workshop. City of Miami Page 71 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: Okay. With that being said, the only issue that I'm going to ask, in closing -- 'cause I support it if these items are actually put in place because, again, if it's good for another group, it should be good for you as well. Miami Works, we're working on this with the unions as a part of this whole Marlins -related agreement. I want to make sure that this is a part of that overall initiative and that we include this as far as the work centers that would happen in Allapattah, Little Havana, Liberty City, Overtown, the areas that have been identified; that this would also be a pool in which they pull laborers from those particular areas to actually work on this project. I just want to hear that from you, Mr. Manager. Mr. Hernandez: Madam Commissioner, you are correct. This is one of those projects that will be included as part of our outreach to the communities together with the stadium, et cetera. The attorney for Flagstone has, in essence, in the record agreed with that and accepted that, so that project will be part of it. Vice Chair Spence -Jones: Okay. So with that being said, Mr. Chairman, I mean, I know that we had a motion and we had a second regarding this item. I just want us to be fair about what we do. I mean, today we heard from the marina and they -- andl know part of their agreement now will include the parking garage. Quite frankly, we don't know if they got the money to pay for it. We going to vote and support that. What's the difference? You know, we got to stop -- you know, this is outrageous. You know, let's be fair across-the-board. If we're going to be fair with one group, let's be fair with the other. We don't know if they're going to be able to do it, but we have to take risks at this particular time because people need jobs and we need to get things moving. I understand what my district Commissioner is saying over there. He's absolutely right. We need to take the marina and do it in phases 'cause we can't do it all right now, correct? That's what you guys said. Mr. Hernandez: Yes. Vice Chair Spence -Jones: So now we got another item and it's not the same? Come on, now. So with that being said, we had a motion. We had a second. Is there a --? What else do we need to discuss on the item? Chair Sanchez: Whoa, whoa, whoa, whoa. Commissioner Sarnoff I wanted -- Chair Sanchez: Gonzalez -- Mr. McDowell: At risk of interrupting -- Chair Sanchez: Well, sir, the public hearing is closed. Mr. McDowell: -- there is no leasehold -- Chair Sanchez: Sir -- Mr. McDowell: -- mortgage on the first project; there is on this. Chair Sanchez: Thank you, sir. The public hearing is closed. Commissioner Gonzalez. Let's stay here. Let's vote on this item, and we could go to lunch, and then we could come back. Commissioner Gonzalez, then Commissioner Regalado, andl will close it. Commissioner Gonzalez: I had a couple of questions, but Commissioner Spence -Jones addressed some of the issues that I had in mind. But what really concerns me is that I don't see, City of Miami Page 72 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 on the part of the Administration, a strong position on supporting this item. I mean, I think the Administration is as confused as some of us have been, and that really concerns me, you know. Mr. Hernandez: Commissioner, we are, I think, 150 percent behind this item. Commissioner Gonzalez: Well -- Mr. Hernandez: Totally. Mr. Spring: If you allow me, I'd like to add to that. When we did these briefings and when we bring a lot of these revenue -related items to the Commission, I try to make that analysis and bring that to you. What we have here is a situation where we have a voter referendum -approved project. We have -- yes, things -- lawsuits happen. There were delays, but I wasn't here for any of that. I'm here for this request for this amendment. And what we've done with this amendment is said fine. We had some rent. We've enhanced that rent. We will be getting construction done now so that you will see movement. So, you know, as your CFO (Chief Financial Officer) recommending this to the Commission, I strongly support it, notwithstanding, clearly, Commissioner Sarnoff had some very specific legal issues that need to be, you know, answered, and think our City Attorney will do that. But as far as the business terms on this, we're strongly recommending it to you. Commissioner Gonzalez: Yeah, but the business terms are okay, but I'm also concerned with the legal terms. Andl'm not an attorney, and Commissioner Sarnoff is -- Mr. Spring: Andl'm not either. Commissioner Gonzalez: -- so you know, if he's concerned being an attorney, I have a reason to be concerned myself not being one. Mr. Spring: I hear you, sir. Commissioner Gonzalez: Okay. And then I see our City Attorney that is also -- she's not in agreement also with the developer attorney on -- you know, our attorney is saying one thing and the other attorney is saying another thing. To be honest with you, I'm not ready to vote on this item now until have a more definite position on our City Attorneys office. I need to be -- I need to have a clear message, you know, because you're talking about a rent. Eighty-two thousand dollars is peanuts compared to that property and compared to the potential of that property, okay, and what could be at stake from the City's side, okay, if that project goes down the tubes and we're not protected. So my proposition is to continue this item until we have a chance to have a more in-depth briefing, and until at least myself, I have confidence that I have a good legal advice from our Legal Department on what's the risk and you know -- Vice Chair Spence -Jones: And Commissioner Gonzalez, I just have to say this to you. Chair Sanchez: Commissioner -- Vice Chair Spence -Jones: I know. I just need to add on this. It's really important, guys, when we get briefed, if you don't agree with something, say you don't -- Commissioner Gonzalez: Say it. Vice Chair Spence -Jones: -- agree with it. Commissioner Gonzalez: Say it. City of Miami Page 73 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: Because it makes us look crazy when -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- we get out here and we're coming to vote, and then we're looking over at you guys and you guys are like -- Chair Sanchez: No, no, no, no, no, no. We got -- I got to get control of this meeting 'cause it's -- I'm not going to allow this to turn into a barn meeting, okay? So at this time, Commissioner Regalado, and then I will close, and then we will decide whether we table the item -- and if we need to sit down with the attorney (UNINTELLIGIBLE) -- but have to say something on the record to address, as the Chair, this legislative body and the staff. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman, and I'll be brief. I just want to remind to the Manager and the staff that I had a long meeting where Madeline, the gentleman behind her, Larry and the Manager were with us, and at that meeting, also the attorney for Flagstone. And it sort of was a very upbeat meeting. But then next day, I have Robin and the City Attorney, and they raised several issues, and they said, as we speak, there -- Flagstone is changing or trying to change some of the issues. Then yesterday, another meeting about the agenda, andl asked the Manager had they made some changes, and he said, yeah, yeah, several changes. So my vote cannot be intelligent because I do not have the information, and ifI do have to trust an attorney, I will trust the City Attorney, not the Flagstone attorney. So I can't -- first of all, I cannot understand why, after you brief the Administration, one voting member of the Commission, you allowed changes in the item and -- 'cause that's wrong. Andl would rather wait for the City Attorney to give me a more sound information. And yes, Larry -- Mr. Spring: May I --? Commissioner Regalado: -- they did say that there were some changes, and the Manager said yesterday to me that there were some changes. Mr. Hernandez: But that was prior to the printing of the agenda, prior to the last set of briefings. Chair Sanchez: All right. Mr. Spring: There have been no changes since our briefing and the printed document. Chair Sanchez: There's been no changes. That's -- Mr. Spring: Right. Chair Sanchez: -- but let the Commissioner finish. Mr. Spring: Okay. Commissioner Regalado: Well, I beg to der, and I would rather listen to the City Attorney. I'm particular concerned that some phrases that Larry used and said it's a good deal because you let them build a state-of-the-art marina and the City has a state-of-the-art marina, right? That's what basically you said to one of the question of Commissioner Sarnoff. So the only thing that we're doing here is taking a leap of faith and approving the possibility of building a marina. We do not know how the future is going to be other than the marina, right? Mr. Spring: We do not know, but we've put in very specific deadlines and -- City of Miami Page 74 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Regalado: I understand. Mr. Spring: -- milestones for things to come back. Commissioner Regalado: Well -- Mr. Spring: So I mean -- Commissioner Regalado: -- there wasn't -- ifI remember, there was something that was not included that the City Attorney specifically wanted to include, and) agreed with her 100 percent. And there was something that was missing on the original item that was -- I was brief on, but that she and Robin insisted that should be included. Hopefully, that was included, right? Ms. Bru: Yes, Commissioner. The issue is -- and again, this is a very complex set of documents because there's not only an underlying lease; there have been three amendments, so the thing that I wanted to make sure that was reflected in the fourth amendment was that there would still be an absolute drop -dead date for taking possession. And we -- and they assured me that somewhere along the line, if you were to look at all the documents, you'd find it. But I wanted to make sure that I saw it in the fourth amendment and that we're going to put it in there. But since that's clarification, it's -- we don't have to substitute the item. But you're correct. Commissioner Regalado: Okay. So thank you, Mr. Chairman. I just don't -- well, actually, if we are going to vote, I would be in the negative, but if you defer that and ifI get more information from the City Attorney, I would support totally the item if the City Attorney very comfortable with -- in the future -- but not now at this moment. Thank you. Chair Sanchez: All right. That concludes the Commissioner's discussion item. I think the proper thing to do here is to defer the item, okay, because -- and let me tell you something. I don't know about each of my colleagues. I set time aside on my schedule to meet with the attorneys, to meet with all parties to have my staff prepare the legal questions to be answered to where when I come here, there is a level of comfort of supporting the item based on the information that I have been given, okay. Yes, it is a very complex item. It's an item that has been in front of us for many, many years. There's a lot of reason why this item is in front of us because they're asking for modifications in these tough economic times. I don't see anybody coming in front of this Commission to write us a check in advance asking for an amendment, okay. But having said that, I think it's important for the Commissioners to meet with staff -- Commissioner -- and I'm not going to mention any Commissioner. But there isn't any reason why any Commissioner should come up here and spend an hour debating, cross-examining people when they've had the opportunity to sit down in their office with staff and other individuals. Now if those other individuals have not sat down with you and (UNINTELLIGIBLE) -- you have every right to come up here and say they have not offered me the opportunity to address the issues with them and address the issues. The issues that I had when we first started were several, and) came down to three of them that were issues that were addressed to me, and) feel comfortable with them. One was under the original lease, also known as the agreement that was entered January 1, 203 [sic], could that agreement be modified to a component to component, which was one of the issues that was brought out, which is a valid argument? It was addressed to me by both sides, and I feel comfortable with my legal representation, the City, that, yes, the City could do that. The other one was the leasehold management, which was the issue is if the lender wanted to modify it, which they could, they would have to come back to the Commission. That is a safeguard I feel comfortable with. The issue that was discussed here for about half an hour, which was a good issue to argue, was if the bank fails. Well, it's very simple. Under this agreement -- and you know, when we come up here and we get into the legal language -- when we get here and we add the $50,000 words, we tend to complicate issues. It's very, very simple. The bank is subordinate to the City. Just like any other development, if the City of Miami Page 75 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 City -- if the bank were to default on it, the City would have to work out something with the default, as it is in every major development. Now the other question that was brought forth andl had proffered to the attorney -- and let me say something. The City Attorney did an excellent job briefing me. As a matter of fact, Robin, I compliment you because I called you on several occasions at the last minute. I wasn't comfortable with some of the language. I'm not an attorney. I rely on our City Attorney as to the language. And one was, was it in accordance with the RFP and the referendum that was approved by the voters? That's the bottom line. This was approved by the voters. Is it in accordance with the language? And it was. But if there's some attorneys here -- I'm sorry. If there's some Commissioners that are not -- don't feel comfortable with the language and they need to get more information as to the language, I'm all for it. So at this time, the proper thing to do is to continue the item to the next Commission meeting and bring back -- and have an opportunity to sit down with the Commissioner and address all the concerns that he has on the item. Ms. Ser: Mr. Chairman -- Commissioner Sarnoff. Let me just say something because obviously the person that the Chair is referring to is the District 2 Commissioner. Chair Sanchez: It is you. Commissioner Sarnoff. And let me just assure everybody of something. I think everybody up here brings something to this table that somebody doesn't have, andl would like to think bring something of a legal mind to this table, andl thinkl understand certain things. Andl can assure you, Mr. Chair, that I have met with these folks on not less than four occasions. I have debated and talked to Robin Jones -Jackson and our City Attorney on numerous occasions only to see them look cross-eyed at certain times. I'm not carrying their water here today, but I'll be damned ifI turn around and indebt the citizens ofMiami and put them in a position so that they don't get their dreams fulfilled because we wanted to just push forward and get this done. I got a different answer from our City Attorney than I got from Lillian. Somebody is right and somebody is wrong. This is a settled legal issue in the law. And the question is this: Will a new RFP winner be obligated to pay the proposed $20.2 million loan, or will the City be obligated to reimburse the lender, and what will that loan amount be? And that is in the event there is a default in June '011 [sic]. And what we should be doing here, as a City Commissioner [sic], is not casting out pearls of wisdom and hoping for sunshine, but look for the rainy day and protect the citizens in as best a way we possibly can. And if, for some reason, I apologize to you, it's cost you a half an hour of your day, I beg your forgiveness. Chair Sanchez: All right. Ms. Ser: Mr. Chairman -- Chair Sanchez: You're recognized for the record. Ms. Ser: Thank you. We are under an incredible time bomb here. I have until June to take advantage of -- Chair Sanchez: I don't think -- to honest -- with all -- Ms. Ser: -- this loan. IfI may -- Chair Sanchez: -- due respect, I don't think you have the votes for it here. If you want to push it for a vote, then that's up to you. Ms. Ser: -- ask that you table us to this afternoon? Let your legal staff review the SNDA that's City ofMiami Page 76 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 already been approved and part of the ground lease, and let us report back to you on that particular issue. Chair Sanchez: Look, if you want to have a couple of weeks to iron out some of the concerns that have been proffered, you want to have a special meeting on this item, I don't mind having a special meeting on this item. I think it's an important item to the City ofMiami. It is a good project for the City ofMiami. The voters voted for this. You know, we could delay it as long as we want, but -- well, you know, you want to come back this afternoon. If you're comfort level is - Vice Chair Spence -Jones: Can we be briefed? Commissioner Gonzalez: No. Listen, my concern -- I already expressed my concern. My concern is, Madam City Attorney, are you comfortable with this agreement? Ms. Bru: Well, let me clam something. The issue that Commissioner Sarnoff is raising is an issue that think has already been dealt with in the underlying lease, so it wasn't an issue that was coming to you in the modification because in the underlying lease, this tenant already has the right to obtain a mortgage. And pursuant to the underlying lease, that would be a leasehold mortgage, and there's only a few conditions that regulate what that leasehold mortgage can do and can't do. And one of them, obviously, is that it cannot subordinate the City's fee simple interest to that mortgage. But other than that, they can incur debt. Now when you obtain a loan for construction, which is what they're doing, that lender is going to have the ability under that leasehold mortgage to step into the shoes of the tenant if the tenant defaults. And now what does that mean? If it's a bankruptcy, the lender can accept the lease, can reject the lease. They can go forward and try to perform, but do they have to perform under the lease? Yes. If they want to stay with possession of the leasehold -- if the bank wants to stay with possession of the leasehold, they have to perform. Now can I tell you specifically with respect to this anticipated transaction what does that leasehold mortgage state? I can't because I haven't seen it, but can tell you that the lease that's in place does not permit them to deviate from the pre -approved form of a leasehold mortgage. Now we can table the item. We can look at that preapproved form -- Commissioner Sarnoff. Do you understand the question I'm asking? Ms. Bru: You're asking if we wanted to -- if they defaulted -- Commissioner Sarnoff. Right. Ms. Bru: Okay, first of all, we have to first deal with the bank. Before we can do anything else - Commissioner Sarnoff. No, no, no, no, no. No. There is a settled area of the law here. The question becomes, if there is a new RFP, does that RFP holder, the person that just gets this grandiose new RFP, does he have to pay back the 20.2 --? Ms. Bru: Commissioner, you don't get to the RFP until you deal first with the bank. Yes, the bank will have to be paid because that's what a leasehold mortgage does. Commissioner Sarnoff. She's saying you don't. She's saying -- Ms. Bru: Well, then that's where her andl -- Commissioner Sarnoff. Am I wrong on this, Lillian? Ms. Bru: -- disagree. City ofMiami Page 77 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Sarnoff. Are you saying that you don't have to pay that back? That it is not -- Chair Sanchez: This item is tabled till this afternoon, and hopefully, we'll take it up at the end of the Commission. And if it's not fully cooked, it'll be passed on to the next Commission meeting. All right, so this item is tabled. The City ofMiami Commission stands in recess. Vice Chair Spence -Jones: What time do you want to come back? Chair Sanchez: We'll be back at -- Vice Chair Spence -Jones: Can we do 3 so we can get this stuff --? Chair Sanchez: -- 2: 30. We have MSEA (Miami Sports and Exhibition Authority) -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- and we're coming back at 2: 30. [Later..] Chair Sanchez: Let's take up Island Gardens. That is RE.7. Have we worked out our differences or misunderstandings or legal terms? Ms. Valdes: I believe we have. Robin's passing out to you the language that was provided to us by the bank that I think might be acceptable -- Vice Chair Spence -Jones: Are you comfortable --? Ms. Valdes: -- in terms of -- Vice Chair Spence -Jones: I just want to know ifRobin's comfortable because you're the woman of the hour? Are you comfortable, Robin? Chair Sanchez: All right. Explain this to us, not in legal terms. Ms. Bru: Okay. Chair Sanchez: In regular language, in English. Ms. Bru: All right. Mr. Chairman. Chair Sanchez: Yes. Ms. Bru: Before we tabled this item and continued it till this afternoon, the issue that was being discussed was Commissioner Sarnoffs concern about what protections did the City have regarding in event of default by the tenant because of the fact that they are obtaining a leasehold mortgage that is serving as collateral and guaranteed for the loan that they're obtaining for the construction. We did look through all the documents when we broke for lunch or maybe not lunch, but we reviewed everything. We discussed it with also outside counsel for Flagstone, and we have come up with some language that I think will address all of the Commissioner's concern. And let me say, this issue of trying to modnj, the language that was in the agreement with respect to the leasehold mortgage was not an issue that was being addressed in these amendments, but rightfully so, the Commissioner wanted to go above and beyond what was here before you today to ensure additional protection for the City. So what we're doing here is making sure that in the City ofMiami Page 78 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 event of a default by the tenant, and then subsequently, a default by the lender -- Chair Sanchez: Which is the bank. Ms. Bru: -- we would -- the bank -- be protected so that all interest, leasehold interest, whether it's a security interest in the collateral or otherwise, would be extinguished, and the City could then recapture the property free and clear of all liens. Andl think that this language achieves that. So this is like the worst, worst case scenario. It's a scenario wherein the tenant would default, the lender would step in, and they would also default, not be able to perform under the lease, and we would end up then -- which is the property back. But what we're doing with this language is we're making sure that the property now is back and we have the right to freely alienate the property as we choose to do so. Commissioner Sarnoff. And this is not something that this area has never seen before because we looked into this, and in 1983 Miami Beach did an RFP that was awarded to a marine operator and it happened to have been -- the lender was Heller Financial, and the lender foreclosed. And just so this Commission understands, that lender was in possession for five years, five years. A lawsuit ensued and believe it or not, the person who was granted the RFP won as a result of poor draftsmanship of the documents. So even after five years of nothing going on and a lender being in possession and then having the RFP person sue the City, the City lost. So this is a very big deal. This is something that you have to plan for a bad case scenario, and they're coming to us -- and like I said, I've said this to Lillian all along, I want to see this happen. I want to see from A to Z happen. But in the event they only build a marine facility, in the event the market doesn't allow them to go any further or they decide not to go any further -- I think it's June 11 -- June of '011 [sic] -- then we want to be in a position, as a Commission, to -- as soon as they probably come out of bankruptcy -- because, unfortunately, that's probably where they would be -- to be in a position to build the upland facility, and you want to make sure that there are no impediments to do so. Andl think this language takes away -- at least it gives a court of law the opportunity to say they addressed this, they considered this, and they said there should be no impediments for the City ofMiami to move forward with a new RFP person who can build one tower or whatever it is we decide at that time what it would look like. I do not wish bad on Flagstone, at all. I wish Flagstone does this. I think you -- I still think, the end of the day, this is a great project; andl still think, the end of the day, Miami is a marine town; andl still think, the end of the day, it's going to be a mega yacht facility, and that -- I know that sounds incredibly luxury, but it's those people that pay a lot of our fees and bills, from the guy who cleans the boat to the guy who litigates for the boat to the guy who insures the boat. They just bring a lot of jobs with them. I think the average boat, if I'm not mistaken, at 150 feet, believe it or not, employs collectively -- ready for this -- 42 people. Forty-two people directly make a living off of 150 foot yacht. That goes from the 12 people that are on the boat and then you multiply out by the support staff to make that boat float. So it is a good idea. I absolutely applaud it. But think we have to be cautious, and that's -- this caution and this wording -- and I -- I do understand the Chair's frustration with me, but this is a long-term prospect. This is going to be here for a long time. I don't want the person sitting in this seat in five years wondering what I did. Thank you. Chair Sanchez: All sides are in agreement with this language? Larry Spring (Chief Financial Officer): Yes. Chair Sanchez: Okay. All right. It's a resolution. Can I have a motion and a second? Commissioner Sarnoff. So moved. Vice Chair Spence -Jones: Second. City ofMiami Page 79 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair. No further discussion on the item, as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Valdes: Thank you. Unidentified Speaker: Thank you very much. Chair Sanchez: Thank you. RE.8 09-00403 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A Improvements PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE Program ATTACHED FORM, WITH LEO A. DALY CO., THE HIGHEST -RANKED FIRM, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 08-09-017, TO PROVIDE ARCHITECTURAL AND ENGINEERING SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, IN THE TOTAL AMOUNT NOT TO EXCEED $4,900,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30648. 09-00403 Legislation.pdf 09-00403-Exhibit-S U B. pdf 09-00403 Summary Form.pdf 09-00403-Submittal-Memo-City Manager. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0200 Direction by Vice Chair Spence -Jones to the Administration to work with District 5 on the creation of a small business ordinance and have the ordinance brought back in June. Direction by Chair Sanchez to the Administration that due to the economic situation and for the protection of local companies, requirements be created whereby the headquarters of the company be required to be established locally, and to look into the implementation of a two-year residency requirement for these companies doing business with the City. Chair Sanchez: Okay, let's take up RE.8. Pedro G. Hernandez (City Manager): RE.8. Chair Sanchez: Now, is RE.8 going to be controversial? Because if it is, I want to -- Commissioner Gonzalez: I think it is. Chair Sanchez: -- get some of the board members out of here. Huh? Commissioner Gonzalez: It shouldn't be. City of Miami Page 80 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: RE.8 -- Commissioner Gonzalez: I hope not. Chair Sanchez: -- is it going to be controversial? Are we going to spend three hours on this? If not, we'll -- we could get some people out of here. All right, let's take up RE.8. Ola Aluko: Good afternoon. Ola Aluko, director of CIP (Capital Improvements Program), City ofMiami. RE.8. This is a resolution authorizing the City Manager to enter into an agreement with Leo Daly to provide architectural and engineering services for the stadium site parking project. This project will not exceed the amount of $4.9 million. I must put on the record we do have a substitution, which is being distributed right now. Chair Sanchez: All right. Mr. Aluko: Within the body of the substitution, we have key points to reflect what the substitution matter was. The City Attorney has reviewed this. It's my understanding that the City Attorney's Office is okay with it. And we would like to put on the record also that the architect has been committed -- actually has been directed to design this facility to $94 million and not to exceed. Commissioner Sarnoff Does it say that in the agreement? Mr. Aluko: No, it doesn't, and that's why I'm putting it on the record right now that they will design the facility to $94 million. Chair Sanchez: All right. Can you repeat that on the record? Can you repeat it? Mr. Aluko: Yes. We have directed the architect to design a parking garage and not to exceed a $94 million budget. Chair Sanchez: Let's repeat it one more time. No. I'm only kidding. Mr. Aluko: That's rhetorical, right? Okay. Chair Sanchez: All right. First of all, do we have a motion and a second? Commissioner Gonzalez: Motion on RE.8. Chair Sanchez: There's a motion. Need a second. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner -- Vice Chair Spence -Jones: Discussion. Chair Sanchez: -- Sarnoff. Discussion. The item is under discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you. Ola and Mr. Manager, how you can direct the architect to design only with that amount? Mr. Aluko: The City will eventually hire a construction manager at risk to work with the architect to ensure that during the design phase, the budget -- the $94 million budget, which was City ofMiami Page 81 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 approved some time ago, is maintained. And whenever it appears that there might be a cost overrun, the construction manager will then advise not only the architect but also the City that the materials or the designing which the architect is designing may exceed the 94 million, and the construction manager at risk comes on board at an early stage of design. Commissioner Regalado: So you just said that the budget of 4,900,000 was approved some time ago? Mr. Aluko: No, no. Commissioner Regalado: You just said that, right? Mr. Aluko: No, not the budget. What I said was some months ago there was a vote to ensure that the construction -- the hard costs of the parking garage does not exceed $94 million. Commissioner Regalado: No. I understand that. But what you -- the 4.9 -- Mr. Aluko: Oh, the $4.9 million. That is the fee in which we will not exceed to pay the architect. We do -- during the negotiations, which concluded some time ago, we do have a negotiated fee of $4.8 million. Commissioner Regalado: Right. But do you know -- you're directing the architect not to use more than that amount. Mr. Aluko: Oh, no. They would not use more. Commissioner Regalado: That's what you are saying? Mr. Aluko: That is correct, they will not use more than 4.8. Commissioner Regalado: But they -- are they going to be also project managers? Commissioner Gonzalez: No. Mr. Aluko: Designers. Just strictly designers. Just only designing the building. Commissioner Regalado: So the other money that you were requesting, what was it for? Mr. Aluko: The other money? Pedro G. Hernandez (City Manager): Ola? Commissioner Regalado: Yes. Mr. Hernandez: Let me address that. Commissioner Regalado: Five -- four point one. Mr. Hernandez: Commissioner, I think you're making reference to -- Commissioner Regalado: The nine -- Mr. Hernandez: -- the item that -- which is RE. 9 -- Commissioner Regalado: That was -- City of Miami Page 82 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Hernandez: -- that we have withdrawn from the agenda that showed a $9 million associated with the -- an intent resolution. The design amount was and is 4.9. It's just that when the intent resolution was done, we used the figure of $9 million just to have additional monies under an intent in the event that any additional preconstruction expense needed to happen, et cetera, we would have additional dollars there. The intent resolution was to be able to allow us to do design work in advance and then make that expense eligible under a future bond issuance. Our plan is to issue bonds for the construction of the parking garages in February and March of 2010, and we don't want to issue the bonds now because if we issue the $94 million of bonds now, we have to pay interest over eight to nine months until we're ready to go to construction, and that's why we wanted to, in essence, get an advance from the general reserve fund to be able to do the design, then the intent resolution and allow us to use the bond money to pay back that design. It's a practice that we have used in the past when we do street bonds, homeland defense, et cetera. However, because of the, you know, perception of the words "general fund," et cetera, we have gone away from that. We have withdrawn the item, and we are planning to use for the - - for paying the design costs, a combination ofI think it's CDT (Community Development Tax) and Sunshine State loan monies that were originally -- and Homeland Defense -- indicated and are part of the Orange Bowl redevelopment project. And then when we issue the bonds, we'll replenish those monies as needed to do other improvements at the site. There was a misunderstanding that I must address at this time that there was a concern that the difference between the 9 million and the 4.9 million was going to be used for other projects, and there was even a mention that one of the projects would be Roberto Clemente. That is totally incorrect. Andl mentioned this to the media. I even talked to Chuck Rabin, who's in the room, yesterday. He said that he was -- that he knew that I had not made that statement; however, what happened was that I believe in the aide's briefing, there was a misstatement that at one time, some months back, we were considering an intent resolution for the use of Homeland Defense bonds, and we were considering an intent to be able to advance some projects. And Ola, who's here at the podium, thought that this intent was the same as that intent that we were talking about in the past, and that's where he made that connection. That intent never went through. So the additional monies between the 4.9 and the 9 was just pure contingency by a conservative CFO (Chief Financial Officer), and it was not intended for anything else but baseball, if it was needed. Chair Sanchez: All right. Commissioner Sarnoff. Mr. Mana -- Can you yield for one moment? Commissioner Regalado: Yeah, yeah. Commissioner Regalado: Mr. Manager, to the folks out at Roberto Clemente, there's a groundbreaking ceremony next week. This is not -- I just want to be very clear. This has nothing to do with them; that they're properly funded. Mr. Hernandez: Sir, there is no connection whatsoever. Commissioner Sarnoff. Okay. Chair Sanchez: All right. Let's continue with the item. Any further discussion on the item? Vice Chair Spence -Jones: Discussion. Chair Sanchez: You're recognized for the chair -- you're recognized -- Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Yes. I do fully support the item. The only change that would like to see made -- and hopefully the firm can proffer this on the record -- but in the beginning, just so City of Miami Page 83 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 that we're all on the same page, Mr. Manager, in my briefings with you, my concerns had to do with the fact that in light of the Marlins discussions, we would go the extra mile to ensure that we publicize all contracts concerning the Marlin stadium so that small businesses would have an opportunity to participate. Yet, I understand that the firm -- understands the City's commitment in making sure that that happens. I noticed that there was a list of -- a host of subconsultancy that were actually on the project itself. I just would like to at least make sure that -- it's our responsibility, as we sit up here as district Commissioners, to make sure at least the businesses within the City ofMiami have an opportunity to participate. The only thing that I would like to request is that at least through the CIP Department, if there's any way -- and don't know if the individual that's over the firm is here now. I understand that he was willing to at least proffer that on the record, if he can proffer that on the record that he will work along with CIP, and CIP -- it doesn't matter to me who it is. All want to do is just make sure that our local businesses have the opportunity to participate from a subconsultancy [sic] standpoint. You make your choice; it's your decision, but Ola, you should be able to provide him with a list of firms that reflect the community, the full community. Mr. Aluko: Yes. Vice Chair Spence -Jones: So I don't know if the -- Mr. Aluko: We do have -- Vice Chair Spence -Jones: -- firm would like to at least officially put that on the record. I would greatly appreciate it. Agustin Barrera: Chairman Sanchez, Vice Chairman [sic] Spence -Jones, Commissioners, Manager. Agustin Barrera, with Leo Daly, with offices at 3390 Mary Street, or as we all know, Mayfair. As part of this team, five of the seven firms that are part of the team have offices that reside in the City ofMiami. We have a 25 percent participation of CBE as part of our team, and we have no problem in sitting down and looking at the vendors that are on the City ofMiami; and if we find one that is appropriate to the team that can enhance the team and add value to the team, we have no problem with adding them to the team at this -- andl make that commitment to this Commission. Vice Chair Spence -Jones: Andl really appreciate it, Mr. Barrera. And l just wanted to add, if you can provide to Ola and to the City Manager just a report on that whole process in which you would have gone through to make sure that we provide those individuals with the opportunity to also participate. Mr. Barrero: Yes, ma'am. Vice Chair Spence -Jones: I really appreciate it. Chair Sanchez: All right. Any further -- Vice Chair Spence -Jones: And -- Chair Sanchez: -- discussion? Vice Chair Spence -Jones: Yes. I just want to give the directive to the City Manager regarding the small business ordinance that we've been talking about for months. I'd like to be able to direct you, Mr. City Manager, to work along with Glenn Marcos, if we can -- if you can, and our office. We've been trying to put this ordinance together for the SBE (Small Business Enterprise) City ofMiami Page 84 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- program for the City ofMiami, and I'd like for you to be able to bring that back in June because we think that it's extremely important, with all these mega construction -based projects that are happening, for us not to have a SBE program or anything similar to it, it's really -- it really does not help us. So I would like to make sure you come back to us in June to make sure that gets done. Mr. Hernandez: Commissioner, I totally agree. It's something that I think is very much due in the City, and I'll move it along to be sure that we have it before the City Commission in June. Chair Sanchez: All right. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Aluko: Thank you. Chair Sanchez: All right. Let's go to -- let's get the boards out of the way so we could get you out of here. Be -- while the boards set up, Mr. City Manager, one of the concerns that I have is with all these opportunities; and the economy the way it is, we need to make sure we protect our local companies, companies that are established here, companies that pay taxes here, companies that employ our local people here. I think we need to look into looking at, now more than ever -- a lot of outside companies are going to be moving down here because of the baseball stadium, the parking garage, the courts museum, the children's museum -- I'm sorry; the Children's Courthouse, both museums. There's going to be construction jobs in Miami -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- and the concern that I have is that outside companies from all over the United States coming down here and opening up their offices here and then tapping in. Vice Chair Spence -Jones: Just for the business. Chair Sanchez: I would like to see for the protection of the local companies is, one, to have some type of requirements worked out through the Administration where, one, their headquarters are established locally, and also we look at -- into implementing a maybe two-year residency for these companies. Because let me tell you, the economy's bad out there, and companies are looking for opportunities; andl certainly would hate to see companies from abroad moving down here and tapping into the sources that are so needed for our residents. Vice Chair Spence -Jones: And, Mr. Chairman, I want to just commend you on doing that because I think that is going to be the biggest issue for us at this point. It's like no one's talking about that, and that's a big issue. You know, people are coming here just to get the business and the work, and then they leave. They're not supporting the businesses -- no less than Dade County, but don't even talk about the City ofMiami, and if we do not push these individuals to do that, then we're not supporting the businesses here. We're not doing it. So all I'm saying is I don't care if they're black, green, orange, purple; it doesn't matter to me. We need to be supporting local City ofMiami businesses. We have to push that. If we don't do it, then nobody else will. So I commend you on making that comment, andl hope that the City Manager will come back with some sort of legislation to address it because it's extremely important. Chair Sanchez: Thank you. Okay, let's get the boards -- before we do that, let me just take the City ofMiami Page 85 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 opportunity to praise you and thank you for your commitment and dedication and the service you provide to our city -- Unidentified Speaker: You're welcome. Chair Sanchez: -- so -- RE.9 09-00419 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Office TEMPORARY ADVANCE FROM THE GENERAL FUND BALANCE IN AN AMOUNT NOT TO EXCEED NINE MILLION DOLLARS ($9,000,000) AND DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA TO ISSUE SPECIAL OBLIGATION NON AD VALOREM REVENUE BONDS IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION NON AD VALOREM REVENUE BONDS FOR FUNDS TEMPORARILY ADVANCED BY THE CITY FROM THE GENERAL FUND BALANCE FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO THE DESIGN AND CONSTRUCTION OF THE PARKING FACILITY AT THE NEW MARLINS BASEBALL STADIUM LOCATED AT THE FORMER ORANGE BOWL SITE; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN INCIDENTAL ACTIONS BY THE CITY MANAGER AND OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. 09-00419 Legislation.pdf 09-00419 Summary Form.pdf WITHDRAWN END OF RESOLUTIONS City of Miami Page 86 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 DI.1 09-00149 DISCUSSION ITEM City Manager's Office DISCUSSION ITEM PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -AUDIT ADVISORY BOARD -URBAN DEVELOPMENT REVIEW BOARD (UDRB) -NUISANCE ABATEMENT BOARD 09-00149 Memo.pdf 09-00149 Audit Advisory Committee Report.pdf 09-00149 Urban Development Review Board.pdf 09-00149 Annual Report 2008.pdf DISCUSSED Ignacio Abella: We're next? Chair Sanchez: Yes, sir. You're recognized for the record. Mr. Abella: Good afternoon. I'm Ignacio Abella. I'm the vice chair and a CPA (Certified Public Accountant) of the Audit Advisory Committee of the City ofMiami. I'm appointed by Angel Gonzalez; and to my right is Sharon Lassar, another CPA appointed by Tomas Regalado. We're here to report the annual report of the Audit Advisory Committee. You supposed to have a memo that is -- has executive summary. It's broken down into three bullet points. Assuming you have read the memo, if you haven't read the memo, it says basically, we're giving you three recommendations. The first recommendation have to do with things that we have discovered throughout the year. It says "untimely filing of materials amount of grant reimbursements." It seems like the City took a lot of time to get reimbursed for grant money, so one of our recommendations is for the City to hire someone that will be concerned with collecting money from grant that is due to the City, so that will be our first recommendation. Our second recommendation is that the City also will fill out all the vacant positions in the Finance Department. It seems like some of the positions were vacant and that created some accounting slow downs. And the third one is, you know, we're part of a team here; and each of you Commissioners have appointees, so we want to make sure that each of you have their position appointed representative. Right now we're still lacking one member of the committee that needs to be appointed by Commissioner. And that's basically my three bullet points. And Sharon will go through the different questions and answers. Sharon Lassar: Okay. Just to summarize the report, we met eight -- Chair Sanchez: I'm sorry; name. Ms. Lassar: I'm sorry. My name is Sharon Lassar. I'm a CPA. I'm also the director of the School of Accounting at FIU (Florida International University). And we met eight times during the year. Starting with the review of the process by which the external auditor was selected for this round of audits, we will be revising those procedures before the next procurement in 2011. We met periodically with the external auditors, reviewing the planning stages of the audit and the operation of the audit. We discussed the internal control and financial reporting issues they uncovered. We discussed recommendations and corrective actions with the external auditors and with your management team in the Finance Department that should be implemented to mitigate system deficiencies and enhance the effectiveness, the efficiency, and the compliance of the financial reporting systems. And that's -- these were activities for the year. That's it. City ofMiami Page 87 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Well, thank you so much. Questions from the Commission? Commissioner Regalado: Question. Chair Sanchez: Regalado. Commissioner Regalado: Dr. Lassar -- Ms. Lassar: Yes. Commissioner Regalado: -- I -- as you know, we all are trying to figure out the next budget process, the different cuts, and the economy being as it is; and of course, the property appraisal [sic] probably reducing the value of the properties, and that would, in turn, reduce taxes, income for our city. Is it possible that in the next -- I don't know. Next meeting you will have is when the audit committee meets the next time. Ms. Lassar: Yes. Commissioner Regalado: When? In May? Ms. Lassar: About the third week ofMay. Commissioner Regalado: Right. Is it possible that you can start working on a report for the members of the Commission on how do you see the budget process? Do you --? Are you going to be able to have before you the budget director to see -- to get a feeling of not only if we are going to have a deficit -- that we know -- but how much -- Ms. Lassar: Okay. Commissioner Regalado: -- is that deficit, and the deficiencies that you would see in terms of income in the next budget process for the City ofMiami. Ms. Lassar: We'll be happy to take a look at that. That, I believe, could be beyond the scope of what we're supposed to -- Commissioner Regalado: Right. Ms. Lassar: -- do. Commissioner Regalado: And I know that, but since -- I mean -- Ms. Lassar: Since we're here. Yes. Commissioner Regalado: -- this is what you do, and -- Ms. Lassar: Okay. Commissioner Regalado: -- it would be important for us to have -- I mean, I think that this Commission would have to perform heart surgery come budget process, so a second opinion from a surgeon is important, so -- Ms. Lassar: yes. Commissioner Regalado: -- I understand that it's outside of the scope. Well, actually, it's really City ofMiami Page 88 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 not, but -- Ms. Lassar: Well, you have a Finance Committee also that -- Commissioner Regalado: Right. Ms. Lassar: -- where this would be within their scope -- Commissioner Regalado: Right. Ms. Lassar: -- I believe, and our scope is more the reporting of the activities, rather than the budgeting process -- Commissioner Regalado: Yeah, I know, but -- Ms. Lassar: -- but -- Commissioner Regalado: -- you trust the auditor more than -- Ms. Lassar: Yeah, right. But, yes, we'll take that up at our next meeting. Commissioner Regalado: Thank you. Ms. Lassar: Thank you. Chair Sanchez: All right. Is there anything else? Mr. Abella: No. Chair Sanchez: If not, thank you so much. Mr. Abella: Thank you. Chair Sanchez: And we're sorry to keep you waiting. Mr. Abella: No problem. Ms. Lassar: All right. Thank you. Chair Sanchez: We'll get you out of here quick. All right. That -- does that take care of all the boards? Pamela E. Burns (Assistant City Clerk): Yes, Mr. Chairman. Commissioner Regalado: No. Chair Sanchez: All right. Thank you. Pedro G. Hernandez (City Manager): Mr. Chair, if you allow me one quick comment that reference the budget, the -- we are required, at the beginning of the budget process, to call for a budget estimating conference; that will be done very soon, and Michael Boudreaux will be undertaking that. Chair Sanchez: All right. But that's a battle for another day. City of Miami Page 89 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Hernandez: Right. No, no. But I just -- Chair Sanchez: All right. Mr. Hernandez: -- wanted to make that comment. Chair Sanchez: Let's try to get through this agenda here. Okay. Ms. Burns: Mr. Chair? Chair Sanchez: Yes. Ms. Burns: There were two other boards scheduled to make their presentations today. Chair Sanchez: Yeah, but are they here? I don't think they're here. Commissioner Regalado: Yeah. Chair Sanchez: Oh, are you? Commissioner Regalado: But -- Chair Sanchez: Which board are you representing? Enrique Nunez: I'm here on -- my name is Enrique Nunez. I'm with the City ofMiami Planning Department. I'm here on behalf of Mr. Todd Tragash, who is the chairman of the Urban Development Review Board. You have your report with you. I just want to report that in 2008, there were 16projects that were reviewed by this board, which is -- gives technical recommendations to the Planning director, basically. Chair Sanchez: All right. Thank you. Commissioner Gonzalez: All right. Chair Sanchez: Listen, to be honest with you, I admire and respect the dedication that they have. I see no reason for them to be coming in front of the Commission and give us this report. It could be done in writing. They can give it to the Commission. They could give it to the City Manager. They could give it to the Mayor. They could give it to the City Attorney. Mr. Hernandez: Right. It could be sent to my office, and then I could distribute it to all the Commissioners. Chair Sanchez: You know, it's taking time away from their work, your resources to come out here and spend three hours sitting here to give me a one -minute report. Mr. Nunez: And you have your written report in your package. Chair Sanchez: All right. So -- Mr. Nunez: Thank you. Chair Sanchez: -- you know, for the sake of time and the sake of being more productive in the City, let's look at another option, which is best practice than this. All right. No. You're going to -- we'll get to you. See, everybody's out there going 3, 4, 5 PZ (Planning & Zoning). No. We're going to work -- walk -- work our way. City ofMiami Page 90 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 END OF DISCUSSION ITEM City of Miami Page 91 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 PART B: PLANNING AND ZONING ITEMS Chair Sanchez: What we'll do while we wait -- and we don't have a quorum -- what I'd like to do is have the City Attorney maybe read the procedures to be followed during the Planning & Zoning, and then what we'll do is we'll have the City Clerk -- all those who will be testifying, must register in with the City Clerk and be sworn in to give any testimony pertaining to the Planning & Zoning items. So at this time I'll recognize the City Attorney to give you the procedures to be followed during the Commission meeting. Madam Attorney, you're recognized for the record. Victoria Mendez (Assistant City Attorney): Mr. Chairman, one second, please -- Chair Sanchez: Yes. Ms. Mendez: -- as I locate the -- Chair Sanchez: Sorry. I got you -- Ms. Mendez: -- document. Chair Sanchez: -- off guard. Let's go ahead and -- All those that'll be testing in front of this legislative body pertaining to any of the Planning & Zoning items, please stand up and be sworn in by our City Clerk. Pamela E. Burns (Assistant City Clerk): Please raise your right hand. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Please be seated. Chair Sanchez: Okay. Ms. Mendez: Any person who acts as a lobbyist pursuant to City ofMiami Ordinance number 11469, codified in Chapter 2/Article VI of the City Code, must register with the City Clerk prior to engaging in lobbying activities before City staff boards, and committees, and the City Commission. A copy of said ordinance is available in the Office of the City Clerk/City Hall. Any person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees concerning any issue shall disclose in writing at the commencement or continuance of the hearings on the issue the following information: 1. Whether any consideration has been provided or committed directly or on its behalf to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action; 2. To whom the consideration has been provided or committed; 3. The nature of the consideration; and 4. A description of what is being requested in exchange for the consideration. The disclosure form, which is available from the City Clerk, must be read into the record by requesting person or entity prior to the submission to the secretary or clerk of the respected board. Pursuant to Section 4(g)5 of the Charter of the Miami, Florida, the Mayor may veto certain items approved by the City Commission within 10 calendar days following the Commission action. The Commission may, after the veto occurs, override such veto by a four fifths vote of the Commissioners then present. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission be granted by the majority vote of the Commission members present. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be City ofMiami Page 92 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 allowed in the Commission chambers. Persons exiting the Commission chambers shall do so quietly. This printed agenda is distributed at least five days before the meeting, and the material in connection with each item appearing on the agenda is available for inspection during business hours at the Office of the City Clerk in City Hall, at Miami Riverside Center, or online at wwwmiamigov. com [sic]. Any person who seeks to address the City Commission on any item appearing in the following portions of this agenda -- consent agenda, public hearings, or public discussion is invited to do so and shall, as soon as possible, inform the City Clerk of his or her desire to speak, giving the City Clerk his or her name. Chair Sanchez: All right. And ladies and gentlemen, those are the procedures to be followed during the Planning & Zoning Board -- hearing. PZ.1 09-00141mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIAMI BALLPARK PROJECT, TO BE LOCATED AT APPROXIMATELY 1501 NORTHWEST 3RD STREET, 1350 NORTHWEST 4TH STREET, 1390 AND 1680 NORTHWEST 5TH STREET, 1380 AND 1610 NORTHWEST 6TH STREET AND 1600 NORTHWEST 7TH STREET, MIAMI, FLORIDA, IN ORDER TO CONSTRUCT A MIXED -USE COMPLEX INCLUDING A BALLPARK STADIUM WITH RETRACTABLE ROOF OF APPROXIMATELY 269 FEET, 0 INCHES A.G.L. AT TOP, WITH 37,000 SEATS; APPROXIMATELY 61,678 SQUARE FEET OF ACCESSORY RETAIL SPACE; APPROXIMATELY 96 RESIDENTIAL UNITS, AND 5,809 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 93 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 09-00141mu Zoning Map.pdf 09-00141 mu Aerial Map.pdf 09-00141mu Projects in the Vicinity.pdf 09-00141mu PAB Reso.pdf 09-00141 mu Vol. I. Outside Binder Cover.pdf 09-00141 mu Vol. I. Inside Binder Cover.pdf 09-00141 mu Table of Contents.pdf 09-00141 mu Vol. I. Sec. A.1. Letter of Intent.pdf 09-00141 mu Vol. I. Sec. A.2. Major Use Special Permit Application.pdf 09-00141 mu Vol. I. Sec. A.3. Zoning Division Analysis for Public Hearing.pdf 09-00141mu Vol. I. Sec. A.4. Legal Description.pdf 09-00141 mu Vol. I. Sec. A.5. Miami Zoning Atlas & Miami Comprehensive Neighborhood Plan Mai 09-00141mu Vol. I. Sec. A.6. Project Data Sheet.pdf 09-00141mu Vol. I. Sec. A.7. Directory of Principals.pdf 09-00141 mu Vol. I. Sec. A.8. Owners Affidavit & Authorization; city of Miami Lobbyist Registration 09-00141 mu Vol. I. Sec. A.9. Miami -Dade County Property Appraiser Print -Out & Deeds.pdf 09-00141 mu Vol. I. Sec. A.10. List of Property Owners Within 500 Feet of Property.pdf 09-00141 mu Vol. I. Sec. A.11. Miami -Dade County School Board Concurrency Managment Syster 09-00141mu Vol. I. Sec. B.1. Section 1304 Information, Application Forms; Supplementary MateriE 09-00141 mu Vol. I. Sec. B.2. Section 1305 Criteria Analysis.pdf 09-00141 mu Vol. I. Sec. B.3. Section 1702 Information, General Report; Developmental Impact St 09-00141mu Vol. I. Sec. C.1. Economic Impact Study.pdf 09-00141mu Vol. I. Sec. C.2. Housing Study.pdf 09-00141mu Vol. I. Sec. C.3. Site Utility Study.pdf 09-00141mu Vol. I. Sec. C.4. Environmental Impact Analysis.pdf 09-00141 mu Vol. I. Sec. C.5. Preliminary Public Safety & Emergency Management Plan.pdf 09-00141 mu Vol. I. Sec. C.6. Minority Construction Employment Plan.pdf 09-00141mu Vol. II. Outside Binder Cover.pdf 09-00141mu Vol. II. 7. Design Development Plans.pdf 09-00141 mu Vol. III. Outside Binder Cover.pdf 09-00141mu Vol. III. 8. Traffic Study Sufficiency Letter.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment I. FDOT & Person -Trip level of Service.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment II. Traffic Data.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment III. Historic Counts.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment IV. Programmed Transportation Improvements. pc 09-00141 mu Vol. III. 8. Traffic Study Attachment V. Committed Development Information.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment VI. Intersection Analyses.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment VII. Bus Transit Information for the Routes AdjacE 09-00141 mu Vol. III. 8. Traffic Study Attachment VIII. Transportation Control Measures Plan.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment IX. Traffic Methodology.pdf 09-00141 mu Vol. III. 8. Traffic Study Attachment X. Timothy Haahs & Associates Inc. Drawings.pd 09-00141 mu Analysis.pdf 09-00141 mu Miami -Dade Aviation Department Letter.pdf 09-00141mu Public School Concurrency.pdf 09-00141mu CC Legislation (Version 2).pdf 09-00141 mu Exhibit A.pdf 09-00141mu Exhibit B.pdf 09-00141 mu CC 04-23-09 Fact Sheet.pdf LOCATION: Approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street and 1600 NW 7th Street [Commissioner Joe Sanchez - District 3] City of Miami Page 94 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 1, 2009 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the development of the Miami Ballpark project. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0199 Chair Sanchez: First item on the agenda is PZ.1. It is a Major Use Special Permit, pursuant to Article 13 and 17 of the Zoning Ordinance, as amended, for the Miami Baseball project. The item is in front of us as the first item. We'll have the applicant give the presentation, then, before we do that, we'll have the staff give its recommendation, followed by the applicant, then we will open it up to a public hearing, but before we open up to a public hearing, we will have a motion either to vote up or down on the item. So at this time we recognize the stafffor its recommendation. Roberto Lavernia (Chief of Land Development): Good afternoon, Commissioners. For the record, Roberto Lavernia, with the Planning Department. The Planning Department reviewed the project, and we have some conditions that I'm going to read on the record from A through Q. Condition (a) provide convenient public transportation access that will not impede circulation around the site as shown in (UNINTET,T IGIBT ,F) SD-1 and SD-2; (b) maintain the current site for the recreational baseball field and restroom building; (c), provide proposed color palettes for all fencing, railing, metalwork, site furniture, and the like; (d) submit alternative tree species to the Tabebuia Caraiba; (e) all trees planted along street or adjacent to pedestrian walkways needs to be planted at a minimum of 16 feet in height, with a 3 inches [sic] caliper, and five feet of clear trunk; the Parking Garage is (f), submit alternative to the approach to the stadium along Northwest 15th Avenue. Paving materials and sidewalk treatments should be consistent with the rest of the proposal; (g) provide dimension for all walkways, curb cuts, and drive aisle, and cross section illustrating the sidewalk width and arrangement; (h) incorporate additional enhanced crosswalk and treatment for the intersection and connection outside of the stadium site to the surrounding neighborhood, such as major intersection along Northwest 7th Street and Northwest 17th Avenue; (i) the pedestrian sidewalk is encouraged to remain at a consistent height throughout the site, especially across the entrance and exit driveways to the garage; (j) provide updated floor plan drawings illustrating the five bay segments and window openings for the parking garage, breaking up the large massing of the garage; (k) any alteration to the proposed art display screens on the building, as illustrated, have to be reviewed and approved by the Planning Department; (1) any proposed advertisement shall be verified by the Zoning Department and reviewed by the Planning Department; (m) provide material samples or precedent photographs of the screening material proposed along the ground floor of the garage facing the stadium and residential neighborhood. Submit proposal considering other architectural treatments or landscaping; (n) orient lighting and other necessary system in a way that is not easily seen from the street or neighboring properties; (o) submit alternatives to the lighting system for the rooftop parking level in a way to minimize glare and spillover to neighboring residential properties, indicating how this will be accomplished; (p) paving material [sic] design and materials should be consistent between the garage and the stadium, as City of Miami Page 95 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 illustrated in the December 8, 2008 Miami Ballpark Conceptual Landscape Plan; and (q) provide a proposal to develop the interim green space, along Northwest 3rd Street, into usable linear park, including additional landscaping. That was presented in front of the PAB (Planning Advisory Board), and the PAB add a condition in the resolution. The condition that -- the plaza remain public open space. Thank you. Chair Sanchez: All right. Once again, let me remind everyone this is a MUSP (Major Use Special Permit), so let's stay within the scope of the MUSP, design review, transportation, landscaping, et cetera, et cetera, pertaining to the MUSP. Let's not veer off of the scope of the MUSP and go into any financing or any type of negotiations so we could get through this pretty smoothly here. All right, Madam Applicant, you're recognized for the record as to PZ.1, which is a MUSP. Ines Marrero: Thank you, Mr. Chairman. Good afternoon Mr. Chairman, members of the City Commission. For the record, my name is Ines Marrero. I'm an attorney with offices at 701 Brickell Avenue. I am here this afternoon on behalf of the Marlin Stadium developers and the Florida Marlins, the developer/operator of the ballpark in close collaboration with your City staff. We are here accompanied with a very vast team of consultants. I am not going to introduce all of them because that, in and of itself, took me five minutes before the PAB. However, I will be introducing my cocounsel. John Shubin is with us this afternoon, as well as the presentation in chief will be conducted by the design architecture team from HOK (Hellmuth, Obata + Kassabaum), now doing business as Populous, as well as Civica. We're here this -- I'm joined also by representatives from the Marlins, as well as, like I mentioned before, all of our consultants who will be available for questions. The project before you has had many layers of approvals, and what is before you, as the Chairman has stated, is a Major Use Special Permit. It is a zoning layer of the approvals to bring to the City ofMiami a world -class baseball stadium. This has been a very collaborative, extensive process of design and planning and extensive community outreach and discussions with your City staff and with the community to bring forth a project that we can all be proud of. We are here to build a landmark. I said that at the Planning Advisory Board. It is an important point because we all look at the Orange Bowl, and as historic and important a facility as it was and is representative of that area as it was, it was still a stadium behind a gate. It was a stadium when there wasn't a concert, when there wasn't an event going on, you couldn't really walk, you couldn't really enjoy it. We are here to build a new landmark, the Miami Ballpark. But it is a facility for the City. We are going to be building a baseball park that's going to have year-round use and enjoyment for all the residents of the City ofMiami. As you know, this property has the zoning in place to permit this facility, in recognition of the fact that there was an 87-seat [sic] football stadium for the last 70-some years. There are no variances before you. This project is strictly before you for compliance and compatibility with Section 17 and Section 1305 of your Zoning ordinance and -- We are going to make a very brief presentation because, as you know, we provided three extensive volumes of information. We have everybody here to address the questions. I think our time will be best spent by walking you through the presentation, and if any questions of the Commissioners or the members of the public, then we will address them directly. And with that, I will ask the architects to stand up and walk you through a brief presentation. Chair Sanchez: Just out of curiosity, how long will the presentation take? Ms. Marrero: Fifteen minutes. Chair Sanchez: Okay. Ms. Marrero: Fifteen, twenty minutes. Earl Santee: So for the record, my name's Earl Santee. I'm with HOK Sport. My background -- you've probably seen some of my background. Recently, I just opened the new Yankee Stadium City ofMiami Page 96 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 last week. Chair Sanchez: Yankee Stadium? Mr. Santee: Yes. Sorry. Chair Sanchez: No. No need to be sorry. Mr. Santee: I got it. We have been involved in the project on this site for well over the last seven years, and it's been a project that we've -- with Rolando's help, we've evaluated really what the essence of the site's about, and it's -- our main objective is to put a ballpark in a neighborhood. Chair Sanchez: Is that mike on? Okay. All right, it's on, it's on. I just -- Mr. Santee: All right. And so our presentation today will be about -- it'll be about the ballpark, it'll be about the neighborhood, our connection to the neighborhood; it'll be about traffic and it'll be about parking, so I just want to go through this very quickly, ifI can. So the context of the site. The site is located very closely to both 1-95 and 836 and to downtown Miami. It's also a very close connection to the Miami River, so it has -- in its own way, the site has its own unique characteristics, which I think -- I believe our design team is trying to take advantage of. Now let's talk about the neighborhood. And as you see these slides -- I really want you to emphasize the idea that the building is about trying to enhance the neighborhood in a way that was different than before, which means that, frankly, we're trying to create street life and animate the site and activate the site that, you know, the last 80 years hadn't really occurred. So part of what you see here is a plan, and the circle you see is really an area of influence of the ballpark. It's the area influence of maybe not so much parking, but really about where it connects from a retail -- from a land -use standpoint to the site to the river to the highways, and it's a great way to kind of understand the site itself. And one of the main -- many design evaluations we did is for the overall design concept. And here's a little bit more history about the site. We talked about the Orange Bowl history of the site, but you know, this site was the first site for professional baseball in Miami. So it's funny that full circle, it's come back to us is that -- now it's the -- hopefully the final site for professional baseball in Miami, and it's a -- so it has a legacy, and our objective is to continue that legacy as we move forward. And to give you a little bit of a comparison, the idea is that we're trying to build a ballpark in a neighborhood; and the idea of doing that is actually connecting it with stuff. The stuff is retail and housing and parking and, frankly, if we create street life, we'll connect it; and we used Chicago Wrigley Field as kind of the basis of that idea because while it's a ballpark, it's in a neighborhood -- the connection of the two; they live together. They're part -- the synergy of the two together are what make the neighborhood, and our goal and our objective for this project is to do the same. And here's just -- one more slide for me and then I'm going to pass it over to Orlando [sic]. So the neighborhood plan is -- you know, it is a ballpark. It is retail. It has housing. It has other parks, green space. It has parking, and it has a lot of other kind of amenities to it, but one of the major amenities to it is really this public space, what we call the Plaza Space that occurs on the -- really, on the west side of the building, and you know, that really what creates the civic architecture, a great civic place. It's, hopefully, the place 365 that people will come to and activate and animate each and every day, and that's what makes our buildings great, is that it's both an urban designer's dream to have this opportunity, but it's also a way for us to focus the energy of the community, and this site should be focused on. With that, I'll -- Rolando. Rolando Llanes: Thank you, sir. I'll -- for the record again, my name is Rolando Llanes. I'm principal of Civica Architects, address 8323 Northwest 12th Street, in the city of DoraL And good afternoon, Mr. Chair and members of the Commission. As has been said before, the centerpiece of this project is the ballpark. There's no question about that. However, the context and the fabric within which we understand that ballpark is the neighborhood. The buildings that we have developed as peripheral to the ballpark, namely the mixed -use garages, have a very City of Miami Page 97 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 important role, albeit a supportive role for what is really essential to the project, which is the ballpark. And that is, in essence, working -from the inside out the creation of the urban room, the context, the place within which we will understand and see and experience the iconic figure of the ballpark from within and from without, so it's important, in that sense, from the inside out. It's also important from the outside in because what those support buildings do is that they create the kind of framework for that room to exist, so they create a kind of outer edge. And another important thing that we sort of worked very hard to do -- and as it was said earlier -- the Orange Bowl, per se, was a very similar structure in size, albeit 50,000 more seats, but what it did was it pushed the pedestrian out to the periphery. What this project is doing is actually bringing the network of streets and blocks that was for a long time missing in this area, namely 6th Street and 4th Street, and rerouting them back through the site so that -- sort of -- that -- those arteries of pedestrian vehicular traffic can once again populate the site and allow people, the pedestrian, the users, whether they be at a game or not or whether they be during the day of a game or not, to approach this ballpark, to approach this building; and we do that by way of -- as you can see in these images, and I'm just going to take you very quickly through the periphery of this and bring you back inside -- animating the edges with over 61,000 square feet of street -level retail that engages the street -- by the way, also the sidewalk widths -- this is an important fact -- throughout the whole project range from within 15 to approximately 21 feet in depth, so you will have active sidewalks wider than your standard 5- or 6-foot sidewalk, of tree canopies, et cetera, so that the edges are approachable. In this particular view you see the relationship between the mixed -use garages and the ballpark to the right and the plaza in front. Now, this plaza is a fantastic space, as will be talked about in a second, but you can see here how the pedestrian through pocket parks and connections from 7th, in this case, are bringing -- are being brought into the site, so that reinforcement of the network of streets and blocks that we're bringing back into the site and reintroducing is extremely important to the project. Another very, very critical role of the support structures to this project is not just creating the context for the ballpark and defining the edges of this public room, but it's also transitioning from the scale and the architectural character of the neighborhood up to the scale and architectural character of the new ballpark. And here you see, there's a couple of images along 3rd Street where we're proposing future liner units. These are the 3rd Street liners, as many have begun to call them. Notice how they -- and that's an existing building on the left of the picture, the liner units to the right, and then the garage being concealed from 3rd Street to the far right of that image. So you can see how the architecture, the character, and the scale of these buildings in this liner addresses the neighborhood along 3rd Street, and then I think -- here's another view. Look -- at the intersection of 15th and 3rd, where 15th comes down and introduces you back into that north access back to the ballpark, which used to be the sort of iconic view of the Orange Bowl from 15th looking northward, and here, as you turn that corner, you'll be able to reintroduce yourself back to this sort of major player in the City. So I think that that sort of wraps up the thought here is that, yes, there's a centerpiece to this whole thing, but there's also support structures that are essential in creating the proper place and scale for the ballpark to be understood and appreciated and enjoyed. Mr. Santee: Well -- thank you. So let me talk to you about the architecture. The centerpiece is the architecture of the ballpark. The primary objective is really we're taking the land and water form that we kind of discovered from this location and merge them, these two crescent forms. So as you see -- as we go forward, you'll see these forms become more literal as -- in our interpretation. The other one of our main objectives is that this is an environmental building. It's about being LEED (Leadership in Energy and Environmental Design) certified It's about making it a comfortable building. The building's in transition constantly. The thing that I think is interesting about it it's a dynamic environmental building, which means that we can change it from an indoor building to an outdoor building in a matter of minutes, 15 minutes to be precise. So it's a very different building, but it does -- you know, we're trying to take advantage of all the aspects to make the most comfortable and fan friendly environment we can for the building. And I'm going to talk a little bit about the roof. So the roof is a three panel roof. The roof actually does stack to the west, and I'll show you a slide here shortly how the roof works over the plaza, City of Miami Page 98 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 but this slide just shows you, if you watch the image above, really how the roof would close over the ballpark; and it's usedfrom a day experience to a night experience or vice versa; or if you just wanted to shade the west plaza, we could do it. This is a slide of the west plaza and the shade, and that is the other part of it. The west plaza is as vital to this neighborhood as the ballpark because it gives us a civic place, a center place -- a centerpiece for people to gather and to be activated by the retail activities or, frankly, just have passive casual events that might happen on the plaza. But the actual roof itself can be used as a way to make it a more active space because it obviously gives an opportunity to be used during the heat of the day. And this is a close-up view of the plaza itself as it might be seen on a game day or any day. And this shows you roof closed and the roof opening, just giving you an idea of the dynamic -- so it's just not a dynamic element for a game day; it's a dynamic element 365 days a year, which I think is a really important part of how we animate and activate the plaza. So I'm going to move forward through just how -- now, we talked about -- Rolando did a great job talking about the neighborhood coming in, and now we're at the site, and it's important to understand that we really want people to see the building in its architecture, but also see where they would enter and see how we could animate the street life with retail that encircles the base of the building. So the glass elements you see below are all animated spaces that you can see into the building, and this gives you another shot along 5th Street looking east and more shots looking along the street life as you walk around the building. And I'm going to conclude this part of the presentation by just talking a little bit about the importance of the building at the street level. What happened at the Orange Bowl is it was a very introverted building. While you knew that something was going on during the -- one of the -- the University ofMiami was playing, you really couldn't see into the building. You didn't know if anything else was going on in the building. Our objective clearly is - - andl think if you saw just snippets of all of these images, you would see that in every opportunity where a street terminated, you can view into the building. You could see what's going on so you have a constant reminder. In fact, we hope it's an invitation that you would en - - want to enter the building, whether it's a baseball game or whether -- whatever activity may be occurring at the time. But it is a way to animate the building. We call this transparency, you know, and that green thing you see there at the bottom of the architecture, that's the playing field by the way. I mean, you're looking in -- looking at the game itself outside the building, andl think that's a really important part of this building making it unique for this site and for this team and for this city, andl think that's -- that is something we're very excited about. It's unique to baseball, but it's not unique -- and we think it's a very -- not unique to this site, but we think it's a very vital part and a change from the previous use of the site. So with that, I'm going to pass off to Cathy -- Cathy -- to talk about transportation. Cathy Sweetapple: Thank you, Earl. Good after, Commiss -- good afternoon, Commissioners. Cathy Sweetapple, transportation consultant for the applicant. I'm only going to say a few words today. The traffic study for the Marlins ballpark has been prepared to meet all of the City ofMiami requirements for a Major Use Special Permit traffic impact study. That means that it has documented existing traffic conditions for both the pregame and post -game time frames. We've accounted for background growth to the year 2013, the committed development traffic from all of the projects surrounding the site that you've already approved in this area. We've looked at total traffic conditions for the year 2013, and we have evaluated the levels of service on the roadway network to document that the vehicular roadway capacity will accommodate traffic and meet all adopted levels of service. Based on the special part-time demands of a stadium, we've had to look in detail at pregame and post -game traffic conditions with 14 intersections for the pregame, 9 intersections for the post -game, with traffic conditions analyzed through the year 2013. We have also made very conservative assumptions. We have assumed full occupancy of the stadium at 37,000 spectators. We have assumed 2.63 persons per vehicle, which is a number that is based on historical data at -- during the 2008 Marlins baseball season. We have assumed a start time of 7: 05 p.m. We have looked at transit ridership, bicycle ridership, the operation of group charter buses, which bring 45 persons per single vehicle to the site; and we have looked at the distribution and arrival of patrons to and from the site for both pregame and post -game time frames. We have, in detail, compared the impact of this ballpark at City ofMiami Page 99 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 37,000 spectators to the prior occupant of the site, the Orange Bowl, which is a vested use, which had events during a weeknight fulled [sic] with 74,000 spectators. Of course, weekend activities were roughly 80,000 spectators. And in each and every time frame, comparing the impact of the ballpark to the impact of the Orange Bowl, we found that there was a reduction in traffic in each and every time frame. We have, of course, looked at local transit access serving the site. There are eight routes that serve the site either immediately adjacent to the ballpark or within a quarter mile walking distance of the ballpark that bring patrons to the site during the pregame time frame. There are also five routes which serve the site to accommodate the post -game time frames obviously 9: 30 to 10: 30 at night. We have looked at a complimentary regional transit that serves the site. We have the Civic Center and Culmer Metrorail stations within one -mile walking distance to andfrom the site. We have looked at this facility and this site in two different distribution scenarios: Traffic coming to and from the ballpark to on -site parking. We have four parking structures: two on the north side, two on the south side; and six surface lots: three on the west side, three on the east side; the combined parking for these facilities, as a whole, 5,713 spaces, plus the 96 spaces serving the residential units. We have then looked at traffic to andfrom the off -site parking areas, and historically, this particular facility relied on off -site parking. The City ofMiami performed a very detailed analysis of available parking within a 5/8-mile walking distance to and from the site. They found that there are over -- there are approximately 2,000 legal curbside spaces within the 5/8-mile distance and up to 14,000 spaces on lawns and driveways, which has been the historical practice for this study area. There are also just under 2,000 spaces located on the north side of the river, south of 14th Street within the one -mile walking distance to and from the site. So the combined effect of the parking structures, the surface lots adjacent to the park, and the parking on the north side of the river, the curbside parking, and the lawn parking provides ample opportunities to park at full occupancy of the site. More importantly, infrastructure improvements. The agreements already approved under prior meetings include the funding of additional improvements in this immediate study area. All the lines in blue reflect either new road construction, resurfacing, rehabilitation, sidewalks, curb and gutter and lighting for 17th Ave, 16th Ave, 14th Ave; and starting from the north, 7th Street, 6th Street, 5th Street, and 3rd Street improved roadway network surrounding the site. The dots in pink or orange on your screen are new traffic signals that will be installed to handle pregame and post -game operations. All the white circles reflect signal re -timings to accommodate those same time frames. These improvements are being done complementary to the improvements already funded in the five-year work program by the Department of Transportation. All the lines in green show improvements either underway or funded in the five-year work program; the widening of the 12th Avenue Bridge, the rehabilitation to 12th Avenue from roughly 13th on the south, 16th on the north, which is providing resurfacing, new sidewalks, and new lighting for 12th Avenue. In addition, Flagler Street and 1st Street are scheduled for rehabilitation and sidewalk improvements. There are also greenway improvements on both the north and south sides of the Miami River, so in combination, the improvements by the applicant, the improvements by the State will all be funded within the opening time frame, the year 2012. Finally, as a condition ofMUSP approval, the City has asked us to continue our efforts to perform four major additional efforts, one being to identify safe pedestrian bicycle routes for ballpark events that will connect greenways, walkways, and sidewalks throughout the study area to ensure that those patrons from off -site parking can safely navigate the roadway network and provide access to the site. We have also committed to assure convenient transit services in the vicinity of the site. That also means that if a bus route needs to be extended in terms of service time frame, if we need to lengthen the operating hours to accommodate post -game events into 11 o'clock or 11:30 at night on certain routes, we will make that effort to do so. We have also committed to identify transit connections serving the ballpark in coordination with Miami -Dade County and the City. We have met with Miami -Dade County. We know the locations of their current stops, but the City has asked us to bring that transit -- those transit connections adjacent to the site. We have also agreed to prepare a follow-up network simulation to ensure that the operating conditions for pregame and post -game time frames demonstrate that acceptable levels of service are met and that no excessive queues will be the result of inbound and outbound traffic operations. Thank you. City ofMiami Page 100 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Santee: So I'm going to close. Well, you know, this -- these projects are special; and here in this City, this is a unique opportunity to create another special place. You know, we are trying. This plan is to connect the neighborhood to a ballpark in a way that I am not sure that the City has seen before, but in a way that I think will be meaningful for years to come. You know, we have a year-round plaza that is unique and special to this building. We don't --frankly, I don't have a building in my repertoire that could say the same thing, but it's, in a way, really the culmination of -- it's the effect of connecting the streets to the neighborhood that allows it to be used. The site has a heritage. Now, we talked about the fact it's got a -- the professional heritage of baseball, but also, we -- our intent is to keep the trees, that Orange Bowl skyline. You can kind of see them here that were before that framed the skyline from the seating wall. Remember, I talked to you about transparency. Well, look, you can see downtown Miami very clearly from the ballpark seating wall. You know, in the first -- it's our first time to merge art and baseball in a way that creates sculpture that, I think, is symbolic of a building that fits this site, fits this City, and represents kind of an international icon. Not kind of it does represent an international icon for this building, for this community, and for the years to come. And last but not least, I think that it's important that people know that something's always happening on this site, and that the transparency to and from the site is such an important part of how you make the connection. And as you think about our presentation, I'd like to conclude our thoughts. Thank you. Chair Sanchez: Thank you. Okay. Madam Applicant, does that conclude your presentation? Ms. Marrero: Yes, Mr. Chairman, this concludes our presentation. I would like to just have an opportunity to recognize members of the public that are here in support. I don't know how many will be addressing the Commission, but at least -- Chair Sanchez: All right. Ms. Marrero: -- if we could ask them to stand up if they're in support because I know some of them don't speak English and don't want to address. [COMMENTS INSPANISH]. Anybody here present to support the application so they can be recognized? Thank you. Chair Sanchez: Well, everyone -- when we open up the public hearing, everyone can address the Commission whether you're for or against in the process. All right, so -- Ms. Marrero: We are in concurrence with all of the conditions, including the additional condition from the Planning Advisory Board, and we would just welcome any questions and comments from the Commission. Chair Sanchez: All right. So what we're going to do is we're going to bring it back -- we're going to bring it to the Commission, we're going to get a motion and a second for discussion. Can we get a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Can we get a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice Chair Spence -Jones. The item is under discussion. Before we open up the discussion, now is the appropriate time to get the public hearing open and have -- come up. I'll give you two minutes; try to keep it brief. Whether you're for or against, remember, it is about the MUSP, but it's about the design. Let's try to stay focused on those things as you address the Commission, all right. Please, not everyone at once. You have been City of Miami Page 101 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 sworn in. You have registered with the City Clerk, and this is your opportunity to address this legislative body. Carol Bowen: Good afternoon -- Chair Sanchez: Good afternoon. Ms. Bowen: -- Mr. Chairman and the Commissioners. For the record, my name is Carol Bowen. I'm the director of Government Affairs for Associated Builders and Contractors. We're located in Coconut Creek with our local office here in Doral. I'm here today to urge you to vote in favor of the Major Use Special Permits necessary for the project to move forward I've been here previously testifying in support of the project for not only the construction jobs it will create but for the local impact it's going to have on the surrounding community. I see from what we're looking at today that it -- there's absolutely a dedication to involving the local community, to impacting the local community in a very positive way; andl think from firsthand experience, the Marlins are focused on doing that. They've had a number outreach programs, andl believe they will continue to do so, not only to involve local workers but to get input on the project and on how it will be perceived by the local residents. I know that ABC (Associated Builders and Contractors) is encouraged by how open this process has been thus far. We look forward to continuing to work with the Marlins through to fruition. Andl thank you for your time. Chair Sanchez: Thank you. Our next speaker? All right, if you're going to address the Commission, I would ask you to start, you know, getting in line or coming up, so that way we save some time, please. Yes, sir. Marcus Riggins: Good afternoon -- Chair Sanchez: Good afternoon. Mr. Riggins: -- Chair and Commissioners. My name is Marcus Riggins, president of MARS Contractors. We're asking you today to support the project. We're a part of the CSBE (Community Small Business Enterprise) team. We will be participating with the MEP and also working along with the Marlins with the outlook reach on CSBE participation for the community area. And, again, we're just asking you to give your support to the project; it's a good project, and to help it move forward And the Marlins and the County and the City has been instrumental in making sure that the small businesses are going to be a part of it, so -- Chair Sanchez: Thank you. Mr. Riggins: - I'm excited about it, andl think we should be. Chair Sanchez: Thank you, sir. Mr. Riggins: Thank you. Chair Sanchez: Next speaker. If we don't get speakers, I'm going to go ahead and close the public hearing. All right, the public hearing is closed, and it comes back to the Commission. Discussion? Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I just wanted to know from the Administration the housing component that was shown in the map, what are the plans for that? I mean, who is building that? What is the liners? Bill Anido (Assistant City Manager): The residential liner -- City of Miami Page 102 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Regalado: Right. Mr. Anido: -- would be a subsequent feature component of this, which the City will issue an RFP (Request for Proposals) and select a developer to build the -- that liner. Commissioner Regalado: But it's not in today's MUSP, right? Mr. Anido: It is part of the MUSP in that it provides the -- the parking garage was designed or is being designed to accommodate that liner that provides the transition to the residential area south of 3rd so it is addressed in the MUSP. Commissioner Regalado: Okay. Thank you. Chair Sanchez: Any further discussion? Vice Chair Spence -Jones: Yes, Mr. Chairman. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Commissioner Sarnoff, you have any comments? Okay. The only thing that know that -- I had a discussion regarding this issue with the City Manager concerning the construction, the major construction projects, information program. I know that you have done some outreach efforts with Miami -Dade County. I believe that Commissioner Jordan had a huge one at Florida Memorial, andl understand that it was very successful. I just -- andl understand that there was an attempt to have one here in City Hall or somewhere in the City, and there was not a big -- a large participation in it. I wanted to make sure, though, that there was some sort of effort to at least have this open forum so that the construction -based companies that are participating on the project also will participate in this particular forum so that at least the small businesses have the opportunity to participate in the overall project because I think that's a concern. I see that we have a company that is going to focus their attention on small businesses, butt think there needs to be a City ofMiami event that's well promoted like we've done in the County to make sure that these -- our small businesses from our communities are actually participating. So I don't know if you want to speak to that or if you've already spoken to the Marlins. I believe someone's already spoken to the organization, but if you can put that on the record, I would greatly appreciate. Mr. Anido: It is definitely the plan to have that type of outreach. We will be working very close with Miami -Dade County to make use of their SBE (Small Business Enterprise) program in maximizing the use of local contractors, local workforce also for both the stadium and the parking garages. Vice Chair Spence -Jones: Yeah, yeah. Bill, I'm not speaking of that. I'm speaking more to the area of a major event or forum. I mean, Sampson, can you -- Mr. Sampson, I'm speaking in reference to the event that Commissioner Jordan communicated to me that was presented by you guys at Florida Memorial College, which was a well -attended event. I'm speaking of that type of event. I'm not talking about the outreach for the employees that are going to work there. I'm talking about the small businesses that do want to participate or would like to have the option to actually have -- participate on the overall project, so that's what I'm speaking of now. Mr. Anido: We will definitely have that type of -- Vice Chair Spence -Jones: So there was a commitment made, based upon what I'm understanding, to our office that you guys will be presenting something like this for our City of Miami businesses. Right? City ofMiami Page 103 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Anido: Yes. Vice Chair Spence -Jones: Okay. And then the last thing that I wanted to add, Mr. Chairman -- andl'm not going to be long on it -- I just -- regarding the timeline -- andl know Mr. Manager just got here, but I would like to have a timeline regarding the construction of the project, and I'm going to say this because we're going to deal with another item later on, but one of the concerns that comes back from many of the firms or many of the small businesses is that a lot of these contracts a lot of times are all the way down the road and a lot of the small businesses feel as though a lot of the subcontractors are already chosen that are going to be participating on projects. I think that we can avoid this issue when we keep the information out there in the public every step of the way, meaning every time there is, you know, a major contract release or any information that's regarding a major contract that's out there, that it should be promoted properly, not just putting an ad in the paper saying that this bid is available, but really going out of our way to make sure that we're promoting it properly because this -- I just don't want people to feel that this process is not transparent and -- I mean, that's the fear of most people from the public and especially the small businesses that they won't be included. So I just would like to get from you, Mr. Manager, a timeline from a construction standpoint on all of the key contracts that are attached to this project actually happening. Pedro G. Hernandez (City Manager): Commissioner, this -- as previously discussed when the baseball agreements were before the City Commission, there is a strong commitment by the Administration and also by the Team that there will be sufficient community outreach to ensure that everyone out there that has an interest in participating will have an opportunity. My understanding is that the construction of the stadium, the foundation of the stadium is scheduled for July -- Unidentified Speaker: Correct. Mr. Hernandez: -- of this year, and the construction, as a whole, will take about 30 months, so it'll go from July of 209 [sic] through, I think, April of -- or March of 2012. And we'll be working with the Team and with the County to ensure that for the stadium project we will have community outreach continuously as it applied to all the trades -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- that will be put out. So every opportunity is had by the community, by small businesses in the community, and also by community workforce, by people who have an interest in working on this project. Vice Chair Spence -Jones: Okay. And in closing, the -- who from the Team or from the organization will be working? Is it MARS that will be working on the small business outreach? Is that who's going to be doing that as a part of making sure that the small businesses have the opportunity to participate in the outreach efforts? Is that what's happening on that? Claude Delonme: Commission Jones [sic], Claude Delonme, with the Marlins. Yes, the Team will be working with MARS -- Hunt/Moss on this issue; and, yes, it's a strong commitment. And as it relates to your first point, we will hold a general session within the City ofMiami for the small businesses, and we're planning it in the next 30 days, so -- Vice Chair Spence -Jones: Okay. So that's not -- that time frame is not too late, correct? Mr. Delonme: No, not at all, because we will have over 83 bid packages. Right now we are just defining the timeline right now, the dates. Vice Chair Spence -Jones: Okay. City of Miami Page 104 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Delonme: And we will communicate -- we have communicated with everyone that has filed or any interests with the group. Last week we had two mailings to all the firms interested, and we will continue doing that throughout the process, whether it's an outreach or whether it's a bid package being issued. Vice Chair Spence -Jones: Okay. Thank you very much. Mr. Delonme: Okay. No problem. Vice Chair Spence -Jones: That's it, Mr. Chairman. Chair Sanchez: Okay. I guess I'll go next. As I sit here and look at this rendering of this beautiful facility, you tend to look back at history 10 years ago when maybe some of us were here, maybe some weren't, but how everything started. And in that long journey today, we finally see what we have all envisioned or have dreamed about to one day accomplishing in the City, to build a world -class baseball stadium. That is exactly what's in front of us today, to make sure that what is on this screen is exactly what we're able to accomplish in that area. First of all, let me say that as the district Commissioner for District 3, where this stadium is being built, it is something that we're all very proud of. Whether you're for the stadium or against the stadium, whether you support the funding or didn't support the funding, I think, when it's all said and done, history will treat us kindly. But the opportunity that we have in front of us today is to make sure that this design is the best design in its overall -- the best design to complement and bring success to the area, and that area is Little Havana, which is 45 acres right in the heart of Little Havana. There's a couple of items that want to elaborate on that have had the opportunity to really focus on to make sure that we are doing what's right. And when it's built, it'll have a maximum impact as to the surrounding neighborhood. One is public space. Let's focus on public use and public space, which is a key element of this construction project. I tend to agree that the civic plaza is where I think people are going to congregate and they -- socially, they're going to gather, whether there's a baseball game or no baseball game. That is, I think, one of the elements that's going to enhance the quality of life in that neighborhood. The other thing that wanted to focus on is what was said here about connecting the neighborhood into the facility. That has to be a very important component as to either way that you're walking towards the stadium -- if you look at other stadiums that have not had very good designs, I think that architects and professionals tend to learn from the mistakes made by others. We have an opportunity here to make sure that no matter what area you're walking from, whether you're -- either you're walking into the stadium from the north, the south, the east, or the west, it is inviting to have people approach the stadium whether, one, you're going to a baseball game or just walking around the plaza and enjoying the other facilities -- the other things that are going to be happening around. Also, you have to take into consideration the transition, the transition of the stadium as to the resident component onto the residents as well as the retail onto the retail. Looking at the plan in itself, I want to take one thing out of order from my list, and it is one thing that think was discussed and one thing that is very important. I think there needs to be an -- a history component in this new baseball stadium. Every great stadium throughout the United States, whether it's football, baseball, hockey, has a historical element as of it. Well, let me tell you, folks, this stadium should have a historic element as to the great accomplishments that not only the great University ofMiami, but the Dolphins and the history of this community as to the Bay of Pigs and historical events that have happened in the Orange Bowl, those things should not be put away or put on a shelf or something. I think that part of this should have an element to showcase the history of the Orange Bowl with the community as long as -- also with the sporting history that it has had. So I do believe that there is -- I have talked to the City Manager. I know that they have some things stored away as to some of the things they were able to salvage. The Marlins have also assured me that they're going to have a component as to the history of not only sporting events here but also sporting events through the Caribbeans as to the great success of baseballs [sic] that have happened, so I want to make sure that that's on the record as being City ofMiami Page 105 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 something that I'm very dear to. The other thing that we want to talk about is -- and I want someone to explain to me with picture is what does a residential look like on the south side of the garage, which that's where you have the transition coming in? How is it going to look from the current residential coming into the residential that's on the south side? Basically, that's the part that faces Northwest 3rd Street. Right there. Right there, yeah. Mr. Llanes: Yes, Commissioner. Again, Rolando Llanes. What you see before you is a view looking west along 3rd Street with the existing buildings on the left side of the image and then the proposed liner units to the right of the image, which are essentially occurring in a space between the sidewalk and the back edge of the parking garages 3 and 4. So what you can see there is that there basically design along the lines of a kind of conventional roadhouse project, town house, walk-ups that you might see. Chair Sanchez: Let me interrupt you for a minute. Mr. Llanes: Sure. Chair Sanchez: I can see that there is no parking for -- in front. Where is the parking -- Mr. Llanes: Correct. Chair Sanchez: -- locating [sic] on those residents? Mr. Llanes: The parking for those residences are actually behind those residence within the structure itself, so yeah, they all have assigned parking. And what we tried to do here is actually with -- very much with the input of staff is create an urban walkable environment not to have what you might normally see, which is a parking lot in the front and then the unit set back. We wanted these units on the street, on the sidewalk so that that walking environment would be very pro pedestrian. Chair Sanchez: And how many residents [sic] are we looking at in the component? Mr. Llanes: The maximum number of residents [sic] that we feel you can get on that liner on both blocks is 96. Now that could vary, depending on the mix of unit types, so we have left it open because -- you know, again, because it is part of the MUSP, we had to sort of create a design that would work for a maximum number, but there's possibilities of mixing and matching unit types, one bedrooms, studios, two bedrooms, et cetera, which would alter that number from the 96. Chair Sanchez: All right. Getting up to the other component, which is the retail space and the design of the retail space, I think those that are here that either supported the stadium or did not support it took into consideration the revitalization around the baseball stadium as to the area itself. As to the design and retail space, how wouldl be assured, as a district Commissioner, that you have done everything possible to create spaces that are attractive for spaces as to shops and restaurants because we want to make sure that whatever we build around the baseball stadium is able to succeed. You want to bring in good restaurants. You want to be able to bring in good chains. You want to be able to try to bring in ESPN (Entertainment and Sports Programming). You want to try to bring in entities where, you know, people before going to the game are going to stop by and get something to eat or hang out after the game or maybe they don't have a ticket. Maybe let's just say it's sold out of the entire season and you go out there and you go to a restaurant or cafeteria and you just have a beer and a sandwich and you watch it on giant screen TV (Television). What assurance do we have that the retail design is going to be one that's going to be conductive [sic] to good tenants, to be able to attract good tenants? Mr. Llanes: I can answer that, andl don't know if (UNINTELLIGIBLE) want to add, but City of Miami Page 106 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 would say something, and it's an opportunity -- I mean, you raise a point that I've been thinking about it, and it might be something worth discussing, and that is, as you can see in that image, we have a -- we have ground level -- approximately or over 61,000 square feet of ground -level retail space throughout the project, throughout these mixed -use structures. We have designed a kind of floor plate that we feel is commensurate with not only what you would need for parking garages, but also for retail. I think, to achieve the guarantee that you're talking about in terms of creating the infrastructure, the appropriate infrastructure for good retail and for potential users of that space that you want to entice and bring to the site, I would be a little bit comfortable with a kind of a window in -- based on what we have in the MUSP drawings now that allows us a certain flexibility of additional height, maybe a five feet or even a couple of more feet or so on the ground floor only. Because you raised the point -- and as you were saying, I was think, you know, we've talked about this, that we've made some assumptions as you have to make in any kind of project like this, which is at the schematic level, but you really never know. I mean, you mentioned ESPN ESPN may come in and say, "Hey, I want sort of a double height space, " or something like that. Chair Sanchez: Yeah, but the whole thing is that we won't be able to attract, andl don't want to use ESPN. I want to able to attract great chains, great restaurants that are going to really enhance. If you design to a certain point, they'll come in and say, well, it's not up to my scale or it's not my size or it's not -- I want to be able -- see, the whole success here is that if we're going to have a stadium that's going to be successful, we want to make sure that surrounding the stadium are businesses that are successful because at the end of the day, you take everything into consideration from the local employment of the people that are working to be able to have businesses that are going to be able to move in. The last thing we want to do is get this thing done, open up the season, and end up having, you know, "X" amount -- out of "X" amount of businesses, not opening or not being filled. Mr. Llanes: I agree, and it would be great to have some flexibility in -- as this project moves forward to be able to sort of tweak that -- Chair Sanchez: How could we assure that we could have that flexibility? Mr. Hernandez: Go ahead. Ana Gelabert-Sanchez (Director, Planning): Commissioner, ifI may suggest, perhaps one of the conditions could be to allow them to increase at least 10 percent on height in the event that they have the flexibility to have that retail. Chair Sanchez: And let me tell you -- Ms. Gelabert-Sanchez: That would allow them to have the flexibility without having to go through -- Chair Sanchez: I think it's important for people to understand because when I usually take time on an item, it's an item that I have really studied, it's an item that is dear to me. This is very dear to me; it's my district. And if we look at the design of some of the retail, it's -- they're really pretty small, if you look at it. And you don't want to have -- or not so tall. Very -- you know, you don't want to have those types of -- what would you say -- impediments on possibly business that are going to come in and say, well, you know, they're not suitable for -- you know, you want to have the best tenants. You want to have a variety of things there. But you got to be able to work with them to make sure. And if we design it the way it is right now, I think some that may be interested are going to come on board and say, you know, I'm not interested because of the specs, you know, and those are the things that we need to -- so I would work with the Administration to try to put that language in there to make sure that the retail has that -- City of Miami Page 107 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Llanes: That would help a lot. Andl would also add that the site -- even though we're used to -- in South Florida with flat sites. This is not a flat site. There's a lot of interesting sort of undulations to this site going from, as you know, west to east. And as you discover that through surveys and things like that, you realize that it isn't just as simple as putting something flat on a flat surface, so it would be great to have some flexibility there. Chair Sanchez: Well, we're going to put that -- we're going to amend that -- excuse me. Unidentified Speaker: We'll add it as a condition. Chair Sanchez: You add it as a condition to that. The other thing is -- getting back to the open space -- I want to make sure that everything is done in accordance with the Administration to assure that the design is made in a way where it's very clear that the open space is open space. I mean, we realize that we're going to have 81 games. We also anticipate maybe having other special events that are going to be attract -- bringing in revenue and bringing people to the stadium and enjoy the plaza. We want to make sure that there is safeguards to make sure that that plaza is open to the public without any restrictions. And, you know, I always say, you know, any time you work out a deal, there's always a gentleman. You know, everyone's a gentleman. Once you disagree on the deal, then you can't find a gentleman. And want to make sure that's a very clear define that the open spaces will be open spaces for everyone, not only residents for the City of Miami, but everyone who is down here visiting from wherever they may be visiting can enjoy that open space. Now getting to the landscaping. I want to make sure that -- you know, and I see this around as I drive around the City, and we approve these MUSPs, and they take time for those projects to be developed. You know, they come here and they say, well, we're going to put "X" amount of trees, and the trees are going to be this size, you know, and then the construction is done, and you drive by and you find yourself that it's a two -foot -high -- I want to make sure that whatever landscaping will be the appropriate landscaping as to -- I forgot what it's called. Commissioner Sarnoff, what's the landscaping? Commissioner Sarnoff. I think you want 21 foot/4-inch DBH (diameter at breast height). Chair Sanchez: So that's got to be part of the condition also. Mr. Llanes: Yes. Chair Sanchez: Okay. Mr. Llanes: Well, for us -- just so you know, I mean, if we put 12 -- Chair Sanchez: Well, listen, you're going to -- listen, you want -- Mr. Llanes: -- 3 in front of a big building, it gets smaller, you know. Chair Sanchez: That's fine. Mr. Llanes: Yeah. Chair Sanchez: But, you know, a small tree in a very, very large building is a very small tree, so I could use -- Mr. Llanes: That's -- Chair Sanchez: -- so I could use that -- Mr. Llanes: You got it. City of Miami Page 108 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: -- argument too. I want to make sure that the trees that are there are going to be -- first of all, I want the stadium to look nice. I want it to be pleasant. I want people to enjoy it, but also want to make sure that in a very few years, we do have good canopy around the baseball stadium because, once again, it is a public plaza; and if you can't provide canopy and shade for people, certainly they're not going to enjoy the plaza, so I want to make sure that that's taken into consideration. Mr. Hernandez: Mr. Chairman, there is a provision in the documents that indicates that it has to be a minimum of three-inch caliper on the trees -- Chair Sanchez: Well, three -- Mr. Hernandez: -- so those are, you know, good trees. Chair Sanchez: Well, we want to change that to four. Mr. Hernandez: Four? Chair Sanchez: Yeah. It's not going to set them back, and it's not going to break us. Being that we only have like 10 percent canopy in the City, I mean, we should be taking the lead to plant more trees and make sure that the City has more canopy. And back to the arts and sculpture of the stadium. I am thrilled to see the stadium the way it's being presented I think there will -- you will not have another stadium compatible to ours as to LEED certified and really showcasing the entire city. You know, it's just going to be great to sit in that stadium and look out to the outfields and see downtown behind the City. I want people to take into consideration all the benefits that this is bringing to our city, and one of them is going to be that when people either drive by 836 or 1-95 and look at the stadium, just like when you visit great cities throughout the United States and you see what they've been able to do -- andl can tell you that can't compare -- very few stadiums I would compare to this one. This will be one of the best stadiums designed in this great nation of ours. So I just want to make sure that those things are in the record because this is it. After this, it's the construction. And then the responsibility falls on us to make sure that what we proffer, what we put as covenants, or what we put on the books is followed through. So the staffs going to have that responsibility, the Administration's going to have that responsibility to make sure that what we've agreed upon today will be constructed So I just wanted to state that. I -- Mr. Llanes: Commissioner, I would -- ifI -- you -- I would be remiss ifI didn't add to your great history lesson about the site and all the events that took place there, not only athletic but civic, but to bring it full circle, the great Satchel Paige pitched a game in the Orange Bowl as a member of the Miami Marlins, so I think that -- Chair Sanchez: Well -- Mr. Llanes: -- you know -- Chair Sanchez: -- that should -- Mr. Llanes: -- if you want to bring it full circle, that's certainly one way to do it. Chair Sanchez: -- be said. Mr. Llanes: Right. Chair Sanchez: That should be said. I think -- you know, every -- all cities have great histories, City of Miami Page 109 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 all -- I think everything has great histories, sometimes even bad history, but above all, history should always be said. So having said that, I think there's no further discussion. There's been a motion and a second on the MUSP. At this time, Commissioner Gonzalez is not here, but he made the motion. Is he coming back? Can somebody get Commissioner Gonzalez? Pamela E. Burns (Assistant City Clerk): Mr. Chair, this would be as amended, correct? Chair Sanchez: As amended, with the conditions that have been proffered. You want to put them on the record, sir? Mr. Lavernia: No. I just have a question of clarification that we said four inches the trunk and then sixteen feet height is okay, Commissioner Sarnoff? Chair Sanchez: It's fine with me. It's my condition. Yes. All right, following the vote on this item, we're going to take up RE.8, and then we're going to get the boards so we could get you out of here. How much time you think the boards are going to need, five minutes? Ten minutes? Okay. All right. Madam Clerk, we're on PZ.1. It's a resolution. Let's go ahead -- there was a motion and a second. Let's go ahead and have a roll call. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.1. Victoria Mendez (Assistant City Attorney): Mr. Chairman, I don't think I've read the title into the record. Chair Sanchez: It's a resolution. Ms. Mendez: Okay. Ms. Burns: Roll call. A roll call was taken, the result of which is stated above. Ms. Burns: PZ.1 has passed, as amended. Chair Sanchez: 5-0. All right, thank you. Vice Chair Spence -Jones: Your first 5-0 vote. Chair Sanchez: Your first 5-0 vote. Ms. Marrero: Thank you very much. Chair Sanchez: You're welcome. PZ.2 08-01083v RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING VARIANCES PURSUANT TO ARTICLE 19, SECTION 1901, ET. SEQ., FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED OFF-STREET PARKING SPACES, TO WAIVE 13 OF THE REQUIRED 16 PARKING SPACES (GRANDFATHERED 3, PROPOSED 0) (NEW RESTAURANT USE); AND TO ALLOW A RELAXATION City of Miami Page 110 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 OF THE TERMS OF THE ORDINANCE FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET, PROPOSED 1,192 SQUARE FEET (2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 08-01083v Analysis.PDF 08-01083v Zoning Map.pdf 08-01083v Aerial Map.pdf 08-01083v Application & Supporting Docs.PDF 08-01083v Zoning Write Up.PDF 08-01083v Plans.pdf 08-01083v ZB Reso.pdf 08-01083v Appeal Letter.PDF 08-01083v Exhibit A.pdf 08-01083v CC Legislation (Version 3) - NEW.pdf 08-01083v CC Legislation (Version 4) - NEW.pdf 08-01083v CC 04-23-09 Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0203 Chair Sanchez: All right, PZ.2. Let's get PZ.2 out of the way, and then we'll go to the RE (Resolutions) items. PZ.2, it's a resolution, and this is an appeal. Roberto L. Lavernia (Chief of Land Development, Planning): Yes, sir. Chair Sanchez: All right. Is the appellant here? Mr. Lavernia: PZ.2 is an appeal from the decision of the Zoning Board The request was for a parking -- Commissioner Regalado: No, they're not -- they're here? Chair Sanchez: Is the appellant here? Commissioner Regalado: They're not here? Chair Sanchez: No. All right. Go ahead. You're recognized for the record. Mr. Lavernia: To waive 13 of the required 16 parking spaces and to waive 1,290 square feet. They propose 1,192 square feet. The Planning Department recommend denial because 13 parking spaces in that area is a big number, even when the change of use we're in agreement with a restaurant will be good in that area, but 13 is too much. And the -- for the open space, there's other way of getting this that is not a variance. They can pay for the open space and -- but they included in the variance to have the ability not to pay for. Chair Sanchez: All right. What's the motion? Commissioner Sarnoff. Let me make a motion to sustain the denial of the appeal. Chair Sanchez: All right, there's a motion to sustain the denial. Is there a second? City of Miami Page 111 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Regalado: Second. Chair Sanchez: Second, okay. Public discussion? Mariano. Mariano Cruz: Mariano Cruz, 1227 26 Street. I live close by there, and you -- the restaurant off 29th and Biscayne Boulevard, the building with the New Times there, right there next to them. Andl -- (UNINTELLIGIBLE) there in some of those old buildings, they don't have any parking many years. They need off-street parking. They need, I mean, on -the -street parking right there because I use -- I don't go to a parking lot (UNINTET,T IGIBT,F) or the other one, or Pollo Tropical, whatever. I park by Miami -- (UNINTET,T IGIBT ,F) around there (UNINTELLIGIBLE) across the street. So we need jobs in this City, okay. We don't need welfare. Chair Sanchez: Hoorah, all right. Okay. Public hearing is closed. We need jobs in the City, not welfare. Mr. Cruz: That's right. Chair Sanchez: All right. Okay. The motion and a second to deny the appeal. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The appeal has been denied, 4-0. That takes care of the Planning & Zoning items. PZ.3 08-01463ii RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL BY OSCAR FAMILIA, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 08-0138, ISSUED BY THE PLANNING DIRECTOR ON NOVEMBER 7, 2008, TO ALLOW A RESTAURANT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3484 MAIN HIGHWAY, MIAMI, FLORIDA. 08-01463ii CC Zoning Map.pdf 08-01463ii Aerial Map.pdf 08-01463ii Class II Appeal Letter.pdf 08-01463ii Class II Final Decision.pdf 08-01463ii Zoning Referral.pdf 08-01463ii Hold Harmless Affidavit.pdf 08-01463ii Plans.pdf 08-01463ii ZB Reso.pdf 08-01463ii ZB Appeal Letter & Supporting Docs.pdf 08-01463ii CC Corporation Document.pdf 08-01463ii CC Warranty Deed.pdf 08-01463ii CC Legislation (Version 3).pdf 08-01463ii CC Legislation (Version 4).pdf 08-01463ii Exhibit A.pdf LOCATION: Approximately 3484 Main Highway [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Oscar Familia, Representative, on behalf of City of Miami Page 112 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Eclectic Developers, Inc. FI N DI NG (S): PLANNING DEPARTMENT: Recommended approval of this appeal and approval with conditions* of the Class II Special Permit. ZONING BOARD: Granted the appeal by Paul J. Schwiep, Esquire, on behalf of Karl and Barbara Lange, Abutting Property Owners, on February 9, 2009 by a vote of 5-1. *See supporting documentation. PURPOSE: The approval of this appeal will reverse the decision of the Zoning Board and allow a restaurant. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones absent, to continue item PZ.3 to the City Commission meeting currently scheduled for May 28, 2009. Commissioner Gonzalez: PZ.3. Vice Chair Spence -Jones: Class II Permit, PZ.3, 3484 Main Highway. Roberto L. Lavernia (Chief of Land Development, Planning): PZ.3 was a Class II Special Permit that was appealed by Paul Schwiep, Esquire, on behalf of Karl and Barbara Lange. He went to the Zoning Board. The Zoning Board granted the appeal. And then the applicant appealed the appeal. That's why it's in front of you tonight -- today. It was continued on March 26, 2009 for the applicant to provide some noise study, and we haven't seen any noise study yet. So I don't know if the applicant or the -- Vice Chair Spence -Jones: All right. I'd like to open up the hearing. Oscar Familia: Hi. Oscar Familia, on behalf Eclectic Developers. Actually, we sign a contract Vice Chair Spence -Jones: Could you put your name and address down for the record. Mr. Familia: Oscar Familia, 9636 Southwest 112 Street, Miami, Florida 33143 -- I mean, 76. Vice Chair Spence -Jones: Okay. Mr. Familia: Actually, we had a very positive meeting, the owners and the lawyer, Barbara, and we sign a contract with a company who's going to design our plans, so they are in the process working on it now. Hopefully, next week we going to have plans to submit it to the City. I handed to Mr. Paul, who's their lawyer, today a copy of the contract and the check that we pay that service. Paul Schwiep: Paul Schwiep -- Vice Chair Spence -Jones: Open up for the record -- um -hum. Mr. Schwiep: -- 2699 South Bayshore Drive, on behalf of the appellants, Karl and Barbara Lange. You'll recall, we did have a hearing a month ago. At that time the Commission deferred City of Miami Page 113 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 the item to grant the applicant 30 days to devise a noise abatement plan -- a sound attenuation plan in conjunction with the neighbors to try and resolve this issue. That hasn't happened, regrettably. We did receive today a copy of a contract that apparently the applicant has signed with a company called Infinite to prepare some sort of acoustic program for the site, and looked them up online. They are a company that is -- self describes themselves as a leader in nightclub audio installations. They advertise in Club and Casino Magazine. They are a leader in nightclub audio. They are -- they specialize in power amplifiers and loud speakers for nightclub applications. So this wasn't, I think, what the Commission had in mind. The direction that we received last time -- the applicant received is work with a Florida -registered acoustics expert, sit down with the neighbors, come up with a plan, and that's what we hoped would occurred; regrettably has not occurred. So we would request is that we be given 30 more days and let's try and get this done. Vice Chair Spence -Jones: Okay. This is a public -- we're going to open up the public hearing. Is there anymore comments from the residents on this before we bring it back to the City Commission? Any comments? Commissioner Gonzalez: Nope. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Close it. Vice Chair Spence -Jones: All right, I'd like to officially close the hearing. I'll bring it back to the Commission. Commissioner Sarnoff, you are recognized. Commissioner Sarnoff. Seems pretty easy; let's just bring it back in 30 days. I hope -- just so you're all aware, I'll make a motion at the next 30 days if this is not done, and somebody won't like my motion; so I really suggest you all spend the next 30 days doing something, and don't want till the 29th day to hand somebody something, or you won't like what you're going to get. Vice Chair Spence -Jones: So you are -- Commissioner Sarnoff. Moving to -- what is it? Commissioner Gonzalez: Continue for 30 days. Commissioner Sarnoff. Continue to a date certain, which would be, Madam Clerk, 30 days from Pamela E. Burns (Assistant City Clerk): Thirty days would be -- the next meeting will be May 28. Commissioner Sarnoff. Perfect, May 28, with a strong and strenuous recommendation that you don't wait till the 28th or 29th day; urging you not to wait till the 20th day. Mr. Familia: No. I give it today, the contract. He can see the date that we signed the contract. Chair Sanchez: Where are we at? Commissioner Sarnoff. I wouldn't -- let me tell you. Vice Chair Spence -Jones: We're on PZ.3. Commissioner Sarnoff. A lot of my brother lawyers do this all the time. They -- just before a City of Miami Page 114 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 hearing, they try to resolve something. The better time to resolve something is in the next five to ten days with them so they can have their people look at it; you have one more meeting, and the best thing that could happen in this Commission is that you both come in with an agreement, everybody smiles; this Commission feels like it did its job, and nobody beat -- nobody feels like they're being heavy-handed then. Mr. Familia: Okay. I have a question for the Commission. Maybe you can answer me, okay, or either Planning Department can answer this question. They request a Florida -register sound engineering to do the design abatement plan. I don't think this is a requirement from the City Planning Department or Zoning Department, okay. This is a request that they did to us. We tried to find out a Florida engineer, okay, and that we couldn't get anyone, okay. We hired the best company in sound design. Commissioner Sarnoff. I'm not criticizing who you hired. Mr. Familia: Okay. So I want to have that question answered. Commissioner Sarnoff. Let me give you how I'm headed so you can get a feel. The next time this comes up, I'm going to impose hurricane windows be put in there, which, to my knowledge, are about as soundproof as you're going to get. Then I'm going to suggest that there be no outdoor speakers, and then I'm going to ask the City to look into whether you're going to need noise attenuation when you open the door so that you may have to have double doors. I don't think you want to go there. I think there's a compromise to be reached. But this particular retail establishment -- and who knows what it's going to be. It could be a flower shop. Could be. I don't think it will be -- is directly across the street from a lot of housing, and l just -- people can coexist -- Commissioner Gonzalez: Yeah. Commissioner Sarnoff. -- you know. All it takes is turning down the noise volume, but it seems like in the City ofMiami that is just impossible. You cannot have somebody say, no more than 11, 12, 15 decibels. Can't happen. It's got to be a hundred decibels. The police have to be called out. Then the City Manager's got to get involved. This has to go on for three consecutive months. Everybody claims their constitutional rights are being violated, followed by an unfair Commissioner, an unfair City Manager. Just lower your volume, and let's not get into this to begin with. It is plainly that simple. Mr. Familia: Okay. Commissioner Sarnoff. I mean, even if you want it to be a nightclub, keep your noise inside. It could be done. Mr. Familia: All right. Chair Sanchez: All right, so we'll see you in 30 days, okay. Ms. Burns: Excuse me. Mr. Chair, we only have a motion on that. We don't have a second or a vote. Chair Sanchez: All right. There's a motion and a second for a 30-day continuance. You want to say something on the record? Mr. Lavernia: Just to put on the record that one of the original condition of the Class II Special Permit number two was that any noise generated on the site shall conform to the City Code noise regulation. City ofMiami Page 115 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Okay. Mr. Lavernia: So it was a condition. Chair Sanchez: All right. Motion and a second to continue for 30 days. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: I don't think there's anyone unopposed. Okay, the item has been continued for 30 days. Do we have -- what's the date for the record? Ms. Burns: May 28. PZ.4 07-01268mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1700 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 BISCAYNE BOULEVARD, 221, 235, 239 & 249 NORTHEAST 17TH STREET AND 222 & 230 NORTHEAST 17TH TERRACE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE COMPLEX COMPRISED OF THE FOLLOWING: 1) TOWER #1, FACING BISCAYNE BOULEVARD AND HOUSING 261 RESIDENTIAL UNITS AND 289 HOTEL ROOMS, FOR A TOTAL OF 576,174 SQUARE FEET OF FLOOR AREA, AND 2) TOWER #2, FACING NORTHEAST 2ND AVENUE, HOUSING 358 RESIDENTIAL UNITS, WITH A TOTAL OF 520,328 SQUARE FEET OF FLOOR AREA. THE PROJECT WILL INCLUDE 140,281 SQUARE FEET OF RETAIL SPACE AND WILL PROVIDE A TOTAL OF APPROXIMATELY 1,369 OFF-STREET PARKING SPACES. TOWER #1 WILL HAVE A MAXIMUM HEIGHT OF 603 FEET, 0 INCHES A.G.L. (607 FEET, 0 INCHES A.M.S.L.) AT THE TOP OF THE PARAPET. TOWER # 2 WILL HAVE A MAXIMUM HEIGHT OF 543 FEET, 0 INCHES A.G.L. (550 FEET, 0 INCHES A.M.S.L.) AT THE TOP OF THE PARAPET; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 116 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 07-01268mu Zoning Map.pdf 07-01268mu Aerial Map.pdf 07-01268mu Projects in the Vicinity.pdf 07-01268mu PAB Reso.pdf 07-01268mu Outside Binder Cover.pdf 07-01268mu Inside Binder Cover. pdf 07-01268mu Table of Contents.pdf 07-01268mu I.A. Application for a Major Use Special Permit.pdf 07-01268mu I.B. Disclosure of Ownership.pdf 07-01268mu I.C. Ownership Affidavit.pdf 07-01268mu I.D. Miscellaneous Documents.pdf 07-01268mu I.E. Directory of Project Principals.pdf 07-01268mu I.F. Project Data Sheet & Zoning Write-Up.pdf 07-01268mu I.G. City of Miami Zoning Atlas Map & Future Land Use Map.pdf 07-01268mu II.A. Zoning Ordinance No. 11000.pdf 07-01268mu III.A. Supporting Documents.pdf 07-01268mu 111.1. Minority Construction Employment Plan.pdf 07-01268mu 111.2. Traffic Impact Analysis.pdf 07-01268mu 111.3. Site Utility Study.pdf 07-01268mu 111.4. Economic Impact Study.pdf 07-01268mu 111.5. Survey of Property.pdf 07-01268mu 111.6. Drawings Submitted.pdf 07-01268mu 111.7. Environmental Impact Analysis.pdf 07-01268mu Analysis.pdf 07-01268mu Disclosure to Support or Withhold Objection.pdf 07-01268mu Traffic Sufficiency Letter. pdf 07-01268mu Miami -Dade Aviation Department Comments.pdf 07-01268mu School Board Concurrency.pdf 07-01268mu CC Legislation (Version 2).pdf 07-01268mu Exhibit A.pdf 07-01268mu Exhibit B.pdf 07-01268mu CC 04-23-09 Fact Sheet.pdf LOCATION: Approximately 1700 Biscayne Boulevard, 221, 235, 239 & 249 NE 17th Street and 222 & 230 NE 17th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Biscayne Arts, LLC, Miami Proarts II, Inc. and Brickell North Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on March 18, 2009 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development the 1700 Biscayne Boulevard project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez City of Miami Page 117 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 R-09-0201 Chair Sanchez: All right. PZ.4. Is it controversial? Vicky Garcia -Toledo: No, noncontroversial. Commissioner Sarnoff. Well, I don't know about that. Chair Sanchez: Last time you said it wasn't controversial, we were here for like two or three hours. All right. Let's go. Roberto L. Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. This is a consideration for a Major Use Special Permit for the 1700 Biscayne Boulevard. The Planning Department is recommending approval with conditions. The Planning Advisory Board recommend approval with the same condition to City Commission. I'm going to read the conditions for the records [sic]. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition before the issuance of any building permit: (A), change to the proposed screening materials in the garage, including the ratio of transparent of [sic] solid, would need to be reviewed and approved by the Planning Department; (b) indicate the dimensions of the opening in the perforated metal screen proposed by the -- for the parking garage; (c) Spandrel -glass ratio to stucco, on the north interior party walls, shall be submitted for further review; (d), indicate where relocate palms will be placed. Consider improvement to the median along Northeast 17th Street where these palms may be located. Thank you. Ms. Garcia -Toledo: Good afternoon. For the record, Vicky Garcia -Toledo, with the law firm of Bilzin Sumberg, and I'm appearing before you today on a Major Use Special Permit application, located at 1700 Biscayne Boulevard. This project comes to you with a recommendation of approval from your Planning staff. It comes to you with approvals from the Large Scale Development Committee, the Urban Design Review Board, the Internal Design Review Board, and unanimous approval by the Planning Department. This property is almost an entire city block. The project calls for a mixed use of commercial retail, hotel rooms, two residential towers, and the parking to support all those uses. It is substantially below the density allowed, and it is compatible with all of the types of mixed -use projects in the area. The building highest tower is 55 stories, and it is close to mass transit, such as bus, Metrorail, andMetromover, and it is consistent with all of the Biscayne Boulevard improvements. The project was designed by Zyscovich and Associates. Suria Yaffar is here as the record architect and would be pleased to introduce you the project. Suria Yaffar: Good afternoon, Commissioners. Suria Yaffar, 100 North Biscayne Boulevard. When we first started this project, we found that what was unique about the site is 17 Street. It's actually something very charming that, as you drive by Biscayne Boulevard, you hardly ever notice. So what we did is we placed the location of the buildings in a way that that street will be noticeable from Biscayne Boulevard as you drive up. The location in the placement of the towers on Biscayne Boulevard make our setbacks so that we can create a beautiful plaza on Biscayne Boulevard with fountains and gardens so that it creates a gateway into 17th Street. The way that the -- the program of the building is laid out in a way that we're maximizing the walkable activities on the site on Biscayne, 17 Street and 2ndAvenue. Two of the towers, the one on Biscayne Boulevard, contains three-story retail, a hotel use, and also residences above that. The one on 2ndAvenue has ground floor retail, actually three stories retail as well, and residences on the tower above that. We have worked carefully on crafting the elevations along the street so that it would be a pleasant walkable atmosphere, and we have also worked closely with the City to define articulation for the garage that will not be something that will try to mimic anything else but what it is. It's a -- I could say a collage of different materials and elements that we have, such as movers, glass, all of it so that we can begin to bring light into the City of Miami Page 118 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 garage, but as well as screen the presence of the car on the street. I'll take any questions that you may have. Thank you. Vice Chair Spence -Jones: Was there anyone else going to be presenting along with you, or are you the only one? Okay. I'd like -- this is a public hearing. If there's any comments from the public on this item? No comments. It comes back to the -- Commissioner Gonzalez: Close the public hearing. Vice Chair Spence -Jones: -- I'd like to officially close the public hearing. Comes back to the -- Commissioner Sarnoff. I'd like to make a motion -- Vice Chair Spence -Jones: -- Commission. Commissioner Sarnoff. -- to approve it. Commissioner Regalado: Second. Vice Chair Spence -Jones: We have a motion. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: We have a second by Commissioner Regalado. All right, this item passes. Commissioner Sarnoff. Oh. So all those in favor? Vice Chair Spence -Jones: Hum? Commissioner Sarnoff. Might want to ask us to vote. Ms. Garcia -Toledo: Yes. Vice Chair Spence -Jones: Oh. We'd like to -- all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. Ms. Garcia -Toledo: Thank you. Vice Chair Spence -Jones: Okay. PZ.5 09-00029zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS," BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 119 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 09-00029zc Analysis.pdf 09-00029zc Zoning Map.pdf 09-00029zc Aerial Map.pdf 09-00029zc Letter of Intent.pdf 09-00029zc Application & Supporting Docs.pdf 09-00029zc ZB Reso.pdf 09-00029zc CC Legislation (Version 2).pdf 09-00029zc Exhi bit A.pdf 09-00029zc CC 04-23-09 Fact Sheet.pdf LOCATION: Approximately 4227 NW 5th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 9, 2009 by a vote of 5-1. See companion File ID 09-00029xc. PURPOSE: This will change the above property to "R-2" Two -Family Residential with an "SD-12" Buffer Overlay District. Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13061 Chair Sanchez: All right. Since I have stepped out on numerous occasions, I don't know exactly where we're at. How many -- what other PZ (Planning & Zoning) items do -- can we take up? Five and six? Pedro G. Hernandez (City Manager): You have PZ.5, PZ. 6, and PZ. 2 remaining. Chair Sanchez: Okay. Let's take up 5 and 6. Is this controversial? Commissioner Gonzalez: No. Chair Sanchez: Okay. And then we'll get back to what we basically tabled in the morning, which is the Rickenbacker and the Island Garden. Yes, sir. Roberto L. Lavernia (Chief of Land Development, Planning): PZ.2 is still missing. Chair Sanchez: Yeah, but we're on PZ -- Mr. Lavernia: Five and -- Chair Sanchez: -- 4 and 5 or 5 and 6. Commissioner Sarnoff. 5 and 6. City of Miami Page 120 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Lavernia: 5 and 6. And I want to request to present both items together since they have to do one with the other. Chair Sanchez: Absolutely. Mr. Lavernia: Okay. PZ. 5 is the second reading of a zoning change from R-2 residential to R-2 with an SD-12. The Planning Department recommend approval. The Zoning Board recommend approval. And it was passed on first reading on March 26. The following item, which is PZ. 6, is the special exception that is required by ordinance in order to have a parking lot in the SD-12. We saw the plans. The Planning Department is recommending for approval with two conditions: (1) unity of title must be submitted for review and approval by the Law Department before the issuance of any building permit; and (2) landscape plan with irrigation and illumination details of the no surface parking, including buffering of the parking used from the abutting residential area, shall be provided by the Planning Department for review and approval prior to the issuance of any building permit. That is a requirement of the ordinance, and we're in agreement to review the final plan at the time of building permits. Thank you. Chair Sanchez: All right. Gilberto Pastoriza: Gil Pastoriza, 2525 Ponce. Chair Sanchez: Great presentation. Mr. Pastoriza: We are in agreement with your staff. We -- Commissioner Regalado: I make a motion, Mr. Chairman, to approve. Chair Sanchez: Great presentation. It's on -- Mr. Pastoriza: Thank you, sir. Commissioner Gonzalez: Second. Chair Sanchez: -- second reading. We had the opportunity to address the issue on first reading. I must, by law, open it up to the public. Anyone from the public wishing to address this item, either for or against, or just to come up and say a few words? If not, the public hearing is closed, coming back to the Commission. There is a motion and a second. It is an ordinance on second reading. Pamela E. Burns (Assistant City Clerk): Mr. Chairman, I did not hear a second. Commissioner Sarnoff. I heard Commissioner Spence -Jones. Ms. Burns: Thank you. Chair Sanchez: For the record, Commissioner Regalado made the motion, second by the Vice Chair. No further discussion on the item. Read the ordinance into the record, followed by a roll call. The Ordinance was read into the public record by Assistant City Attorney Victoria Mendez. Chair Sanchez: All right, roll call. Ms. Burns: Roll call on PZ. 5. City of Miami Page 121 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 A roll call was taken, the result of which is stated above. Ms. Burns: PZ.5 has been adopted on second reading, 4-0. PZ.6 09-00029xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, "SD-12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING PROPERTY, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA. 09-00029xc Analysis.pdf 09-00029xc Zoning Map.pdf 09-00029xc Aerial Map.pdf 09-00029xc Application & Supporting Docs.pdf 09-00029xc CC Zoning Write-Up.pdf 09-00029xc Plans.pdf 09-00029xc ZB Reso.pdf 09-00029xc CC Legislation (Version 2).pdf 09-00029xc Exhi bit A.pdf 09-00029xc CC 04-23-09 Fact Sheet.pdf LOCATION: Approximately 550 NW 42nd Avenue and 4227 NW 5th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on March 9, 2009 by a vote of 7-0. See companion File ID 09-00029zc. *See supporting documentation. PURPOSE: This will allow surface parking. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0202 Chair Sanchez: All right. PZ.6 is a companion to PZ.5. Need a motion. Commissioner Regalado: Move it. City of Miami Page 122 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Need a second. Commissioner Sarnoff. Second. Chair Sanchez: Motion has been made by Commissioner Regalado, second by Commissioner Sarnoff. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward to be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on the item, it's an ordinance on - - no. It's a resolution. Resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4-0. Thank you. Gilberto Pastoriza: Thank you. PZ.7 09-00027Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-000271u Analysis.pdf 09-000271u Land Use Map.pdf 09-000271u Aerial Map.pdf 09-000271u PAB Reso.pdf 09-000271u School Board Concurrency.pdf 09-000271u Letter of Intent.pdf 09-000271u Application & Supporting Documentation.pdf 09-000271u CC Legislation (Version 2) - NEW.pdf 09-000271u & 09-00027zc Exhibit A.pdf LOCATION: Approximately 1400 NW 27th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Tony's Standard Services, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 18, 2009 by a vote of 7-0. See companion File ID 09-00027zc. PURPOSE: This will change the above property to "Restricted Commercial". City of Miami Page 123 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Let's take up PZ.7 and 8, at the request of one of the Commissioners, and then we'll go straight down. Commissioner Gonzalez: Anybody in opposition? Anybody in favor? Chair Sanchez: No. It's noncontroversial; should be a minute. All right, let's take up PZ.7 and 8. Harold Ruck (Planner II): All right. Harold Ruck, with the Planning Department. PZ.7 is a companion item with PZ.8. This particular one is a -- an item for consideration of an ordinance amending the future land use map of the Comprehensive Plan, changing the land use designation at the property located approximately 1400 Northwest 27th Avenue from duplex residential to restricted commercial. Planning Advisory Board recommended approval on February 18, and -- Chair Sanchez: Seven to zero. Mr. Ruck: Yes, sir, 7-0. -- Planning Department recommends approval, as well. The suggested change will allow property to become compatible and consistent with the surrounding properties. Thank you. Chair Sanchez: All right. Thank you. Counsel, very, very, very, very brief. Ben Fernandez: Very brief. Chair Sanchez: Very brief. This is -- Mr. Fernandez: Mr. Chair -- Chair Sanchez: -- surrounding a commercial zoning. Mr. Fernandez: -- it's surrounding commercial zoning. The purpose of the application is to introduce a brand-new Auto Zone store to the area, which we think is compatible with the commercial corridor along 27th Avenue. Chair Sanchez: All right. Mr. Fernandez: We have favorable recommendation from all the boards. Chair Sanchez: Is there anybody here in opposition to this item? Any of the neighbors in opposition? Any of the neighbors in support? All right, that concludes the public hearing. It's open and closed, coming back to the Commission. Pamela E. Burns (Assistant City Clerk): And, sir, we need your name for the record. Mr. Fernandez: Sorry. Ben Fernandez, 200 South Biscayne Boulevard. Chair Sanchez: Ben, I hope they're not paying you by the hour today, my friend. All right, need a motion. Commissioner Gonzalez: Motion -- City of Miami Page 124 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Chair Sanchez: Motion. Need a second. Commissioner Gonzalez: -- for discussion. Commissioner Regalado: Second. Chair Sanchez: Motion and a second for the purpose of discussion. Commissioner Gonzalez, you're recognized for the purpose of discussion. Commissioner Gonzalez: Ben, I kind of like the rendering that you flash, but I want to know when -- what are the plans on constructing that facility there? Mr. Fernandez: Well, Commissioner, we actually have plans -- Commissioner Gonzalez: 'Cause let me tell you what my concern is. Many years ago -- andl might go back five years ago, six years ago -- I approve a rezoning of a property on 20th Street and 27th Avenue with the promise that that property was going to be redeveloped. It was going to be a beautiful building. It was going to be -- and you know, it had been six years, andl haven't seen anything; so I tend to agree to this rezoning on this lot, and let me tell you the reason why. I'm going to tell you the reason why. That lot has been used as a parking lot. They -- there's storage mobile homes in that parking lot. We have all kind of elements living in those mobile homes in there, living on cars, in trucks. It has been a harassment in the neighborhood. I have had to call the police I don't know how many times to address the situation of people selling drugs, the whole nine yards. That's the only reason that I'm, you know, supporting this. But I would like to know -- or I would like to have a commitment on when is this project, you know -- Mr. Fernandez: Well, Commissioner, I can tell you that -- Commissioner Gonzalez: -- will be coming? Mr. Fernandez: -- we already have building permit plans submitted to the City. They're being processed. There's an active process number. And this issue came up because the owners believed that the entire property was zoned because of the history that you just recounted. Commissioner Gonzalez: Right. Mr. Fernandez: They believed that this was entirely zoned commercially. They covered, during the process, that in fact, one of the lots was not. So this is something that should have been approved when the property next door that is in a lease with the Department of Children and Families for the state -- Commissioner Gonzalez: Right. Mr. Fernandez: -- increased their parking. It probably should have been cleaned up at that point. It's really a remnant. The answer to your question is I have a representative from Auto Zone with me today, Mr. Kevin Murphy. I believe that he is right here in the audience -- Commissioner Gonzalez: Okay. Mr. Fernandez: -- and they're ready to go. Commissioner Gonzalez: All right. City of Miami Page 125 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Mr. Fernandez: I think -- ten days -- Chair Sanchez: Excuse me. Mr. Fernandez: -- after we get the permit, we're breaking ground. Commissioner Gonzalez: That's great. That's great. All right. Chair Sanchez: That's what he wanted to hear. Commissioner Gonzalez: Having heard that, I make a motion to approve. Chair Sanchez: All right. There's a motion and a second by Commissioner Regalado. No further discussion on the item. It is an ordinance on first reading, so it comes back to us for second reading, all right. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.7. A roll call was taken, the result of which is stated above. Ms. Burns: PZ.7 has been passed on first reading, 5-0. PZ.8 09-00027zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 26, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1400 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00027zc Analysis.pdf 09-00027zc Zoning Map.pdf 09-00027zc Aerial Map.pdf 09-00027zc Letter of Intent.pdf 09-00027zc Application & Supporting Docs.pdf 09-00027zc Corporation's Power of Attorney.pdf 09-00027zc ZB Reso.pdf 09-00027zc CC Legislation (Version 2).pdf 09-000271u & 09-00027zc Exhibit A.pdf LOCATION: Approximately 1400 NW 27th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Tony's Standard Services, Inc. City of Miami Page 126 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on March 9, 2009 by a vote of 7-0. See companion File ID 09-000271u. PURPOSE: This will change the above property to "C-1" Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: PZ.8 is a companion -- Ben Fernandez: Thank you. Chair Sanchez: -- item to PZ. 7. It's an ordinance on first reading. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion and a second. Commissioner Regalado: Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Commissioner Regalado. No discussion on the item. Public participation. Anyone from the public wishing to address this item? The public hearing is opened and closed for the record; coming back. No discussion on the item. Read the ordinance into the record, followed by a roll call, on first reading. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on PZ.8. A roll call was taken, the result of which is stated above. Ms. Burns: PZ.8 has passed on first reading, 5-0. Mr. Fernandez: Thank you. PZ.9 09-00143zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "HP" HISTORIC PRESERVATION OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 138 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A City of Miami Page 127 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00143zc Analysis.pdf 09-00143zc Zoning Map.pdf 09-00143zc Aerial Map.pdf 09-00143zc PAB Reso.pdf 09-00143zc Application & Supporting Documents.pdf 09-00143zc CC Legislation (Version 2).pdf LOCATION: Approximately 138 NW 16th Avenue [Commissioner Joe Sanchez - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 4, 2009 by a vote of 6-0. PURPOSE: This will change the above property to "R-3" Multifamily Medium -Density Residential with an "HP" Historic Preservation Overlay District. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. Which is your item, 9? All right, let's take up PZ.9. All right, it's at your request today. All right, let's go. Are we ready? Providencia Velazquez: Good afternoon. Providencia Velazquez, Historic Preservation, preservation planner, City ofMiami. This is for the Jacobs Hubbard House bungalow at 138 Northwest 16th Avenue. It came to the Historic Environmental Preservation Board November of 2008, and it was approved for a historic preservation overlay for conditional use for offices. This item will allow the building and (UNINTELLIGIBLE) to be used for offices for a nonprofit organization. It was approved unanimously. Commissioner Sarnoff. Who get's this building? Roberto L. Lavernia (Chief of Land Development, Planning): This is a zoning change, modifying page 35 of the zoning atlas in order to add historic and preservation overlay district on that specific property. Chair Sanchez: Just out of curiosity -- this is in my district -- why haven't you ever contacted our office? Could you get on the mike? Becky Matkov: I'm Becky Matkov, executive director of Dade Heritage Trust. And we bought this beautiful bungalow at 138 Northwest 16th Avenue, one block from the former Orange Bowl and to be baseball stadium. Chair Sanchez: See, the revitalization is happening already. Ms. Matkov: And we bought it, had it historically designated to protect it from demolition because it was about to be torn down, and this is the best example of a classic belvedere City ofMiami Page 128 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 bungalow in the entire City ofMiami. We felt it was so important to save this, and we had a plan to renovate it with a -- as a green building, a green restoration project as a model for other homeowners. As you know, the changes in the neighborhood in the last few years have made the zoning as a single-family home untenable, and we are coming to you for final approval of a conditional use so that we can sell the building for an office to the Citizens for a Better South Florida, tremendously wonderful environmental organization who will use this building as their offices and as a demonstration of sustainable building and landscaping. So we hope that that is agreeable with you because we think it is a wonderful win -win for everybody, including the community. Chair Sanchez: This is a perfect use for that beautiful home that will not have a negative impact towards the neighborhood. So being in my district, I will pass the gavel to the Vice Chair and make a motion. Vice Chair Spence -Jones: We have a motion on the item. Do I have a second? Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Chair Sanchez: Thank you. Pamela E. Burns (Assistant City Clerk): Excuse me; this is an ordinance. Vice Chair Spence -Jones: Oh. Commissioner Gonzalez: Oh. Ms. Burns: And also, I think you may want to open this up to a public hearing. Chair Sanchez: She's the chair. Commissioner Sarnoff. Hearing none, seeing none -- Vice Chair Spence -Jones: Yes. I'd like to open it up to the public if there's any questions on it -- comments -- any information on the record -- you need to be put on the record. Ms. Matkov: And couldl introduce the Citizens for a Better South Florida -- Vice Chair Spence -Jones: Yes, you may. Ms. Matkov: -- director and --? Deborah Swain: I'm Deborah Swain, treasurer of Citizens for a Better South Florida. We are planning to purchase this property, and thank you all for hearing us. Kelly Sastry: Hi. Good afternoon. I am Kelly Sastry. I am the executive director of Citizens for a Better South Florida. We are an environmental educational organization, and we hope for a favorable vote today. We're very excited about this bungalow. We think it's absolutely beautiful, and we're going the make it even more beautiful, being a wonderful demonstration of what native plants and trees can do for your home; and we look forward to working in the community as we - - one of our programs is called Neighbors Replanting Neighborhoods where we help neighborhoods organize themselves to plant trees. So we're very excited about what we'll be City ofMiami Page 129 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 able to do. Chair Sanchez: Thank you. Ms. Sastre: Thank you. Chair Sanchez: We're looking forward to it. Ms. Sastre: Thank you. Vice Chair Spence -Jones: This is a -- any other comments? -- public hearing. Okay. I see Robert say -- all right, we'll bring it back to the Commission. We already had a vote for it. All in favor -- roll call. Victoria Mendez (Assistant City Attorney): All right. I need to read it into -- Vice Chair Spence -Jones: Read it. Okay. Ms. Mendez: -- the title. Thank you. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Ms. Mendez: Thank you. Vice Chair Spence -Jones: Roll call. Ms. Burns: Roll call on PZ.9. A roll call was taken, the result of which is stated above. Ms. Burns: PZ.9 has passed, 5-0. END OF PLANNING AND ZONING ITEMS City of Miami Page 130 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 09-00392 DISCUSSION ITEM DISCUSSION ABOUT DEVELOPING A COLLABORATIVE PARTNERSHIP BETWEEN THE CITY OF MIAMI AND LEGAL SERVICES OF GREATER MIAMI TO CREATE A PROGRAM TO ADDRESS HOMELESSNESS PREVENTION AND FORECLOSURES. 09-00392 Memo.pdf DISCUSSED Direction by Commissioner Regalado to the Administration requesting that the Administration meet with Legal Services of Greater Miami, Inc. to develop a program to help residents with the issue of foreclosure and come back to the Commission with a report within the next 30 days. Vice Chair Spence -Jones: I believe we have -- Commissioner Sarnoff. You have a -- Commissioner Regalado: Pocket item. Vice Chair Spence -Jones: I believe the Chair's actually leaving. Commissioner Regalado: I have an item on the blue page and a pocket item. City of Miami Page 131 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Vice Chair Spence -Jones: Okay, so -- all right. I know you've told me you had to leave at 5, so you have a -- Commissioner Regalado: Huh? Vice Chair Spence -Jones: You have a little longer, right? Commissioner Regalado: Sony? Vice Chair Spence -Jones: You mentioned to me you had to leave at 5, so you have a little bit -- you have a little longer. Commissioner Regalado: Yeah. IfI can do it. If we have a quorum. Everybody's leaving. Commissioner Gonzalez: You have a quorum. Vice Chair Spence -Jones: Yes, you can do it. Commissioner Regalado: Okay. Vice Chair Spence -Jones: He -- yeah. Commissioner Regalado: This is quick. Vice Chair Spence -Jones: It's quick. Okay, it's going to be quick. Mr. Manager. This is a blue page item. Commissioner Regalado: The blue page. It's an item about a partnership between the City of Miami and Legal Services of Greater Miami to create a program to address homelessness prevention and foreclosures. Legal Services of Greater Miami are [sic] launching a campaign to pre-empt homelessness and to help people with foreclosures and evictions. They have a division in their offices at Biscayne Boulevard and 36 Street. As you know, Legal Services is a non -for -profit and they do all this for free. So since the City is involved in this foreclosure help, and all the cities are doing this -- actually, there was a two-day seminar today and yesterday at the Miami Beach Convention Center, sponsored by the City ofMiami Beach and others, about foreclosure. And mind you, experts say the second wave of foreclosures is coming now because of the unemployment. So my motion is to direct the Administration, especially CD (Community Development), to meet with the Legal Services of Greater Miami and develop a program to help people in City facilities or any places that they choose to and come back to the Commission in the next 30 days, if that is possible. So that's my motion. Vice Chair Spence -Jones: So we have a motion on this item. I don't know if the City department wants to put something on the record. Mr. Manager, do you want to respond? Pedro G. Hernandez (City Manager): Yes. I would like to be able to come back with a report in 30 days. Commissioner Regalado: Okay. That is fair. Thank you. Vice Chair Spence -Jones: So we had a motion and -- do we need a motion on this? Commissioner Regalado: No, no, no, no. Vice Chair Spence -Jones: Oh, this is directive. Yeah. City ofMiami Page 132 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Regalado: No, no. Vice Chair Spence -Jones: Because you said you had a motion. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 133 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 NON -AGENDA ITEMS NA.1 09-00455 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $500, TO CO-SPONSOR THE ST. MICHAEL THE ARCHANGEL CHURCH AND SCHOOLS 2009 SPRING FESTIVAL, TO BE HELD ON SUNDAY, MAY 3, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 09-00455-Legislation. pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0208 Commissioner Regalado: So -- andl do have two pocket items. One is a resolution authorizing the allocation of funds, $500, from District 4 special events budget to cosponsor the Saint Michael's Church and School 2009 Spring Festival. Commissioner Sarnoff. Second. Commissioner Regalado: So moved. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. NA.2 09-00454 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE WAIVER OF THE FACILITY RENTAL FEE, IN THE AMOUNT OF $500, FOR THE USE OF THE MIAMI ROWING CLUB, ON FRIDAY, MAY 8, 2009, FOR THE "FRIENDS OF MARINE STADIUM", TO HAVE A SYMPOSIUM WITH STUDENTS FROM THE UNIVERSITY OF MIAMI; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT N O.00001.980000.882000.0000.0000. 09-00454-Legislation. pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0209 Commissioner Regalado: And the second is -- Vice Chair Spence -Jones: The third, you mean. This is the third. City of Miami Page 134 Printed on 5/15/2009 City Commission Meeting Minutes April 23, 2009 Commissioner Regalado: -- a resolution of the Miami City Commission authorizing the waiver of the facility rental fee in the amount of 500 for the use of the Miami Rowing Club on Friday, May 8, for the Friends ofMarine Stadium to have a symposium with students from the University ofMiami; allocating funds from the District 4 special events budget. Move. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All right. Is there -- are there any other --? All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Any other --? Commissioner Regalado: And before I leave, I would like to invite -- andl know that the area Commissioner is very involved in the marine stadium. But on this day, several dozens of students from UM (University ofMiami) will be participating in this symposium about the marine stadium; and they went there, took pictures from outside, and had -- they spent the whole day there looking at the -- and then they're coming back with the symposium, so it's May 8. Thank you very much. Vice Chair Spence -Jones: Any other -- no other pocket items? Mr. Manager, do you have any items? All right. I'd like to officially adjourn this meeting. Commissioner Regalado: Thank you. City ofMiami Page 135 Printed on 5/15/2009